Coal Creek Uses in Assignment of Certain Leases to Coal Creek Clause

Assignment of Certain Leases to Coal Creek from Agreement

THIS AGREEMENT (the "Agreement") is entered into this 1st day of May, 2014 ("Effective Date"), by and among ENERJEX KANSAS, INC., a Nevada corporation ("EnerJex"), WORKING INTEREST, LLC, a Kansas limited liability company ("WILLC"), VIKING ENERGY PARTNERS, LLC, a Texas limited liability company ("Viking"), and COAL CREEK ENERGY, LLC, a Kansas limited liability company ("Coal Creek", and together with EnerJex, WILLC, and Viking, individually a "Party" and collectively the "Parties").

Assignment of Certain Leases to Coal Creek. At closing of this Agreement, WILLC and Viking shall execute and deliver to Coal Creek their assignments, in the form attached hereto as Exhibit A, assigning to Coal Creek all of WILLC's and Viking's right, title, and interest in and to the oil and gas leases described on Exhibit B attached hereto, except any overriding royalty interests of record. Such assignments shall be without warranty of title or warranties of any kind, and shall be "as is, where is" with respect to machinery, equipment, and other tangible personal property assigned thereunder; provided, however, that the assignors shall warranty that the interests assigned are free and clear of any encumbrances arising by or through assignors.