Financial Assurance Demonstration for FutureGen Alliance

Permit Number: IL-137

-6A-0001 (Well #1) Page H 1of15



### ATTACHMENT H: FINANCIAL ASSURANCE DEMONSTRATION

Facility Name:FutureGen 2.0 Morgan County CO2 

### Storage Site

IL-137-6A-0001 (Well #1)
Facility Contacts:Kenneth Humphreys, Chief Executive Officer,

FutureGen Industrial Alliance, Inc., Morgan County Office, 73 Central Park Plaza East, Jacksonville, IL 62650, 217-243-8215

Location of Injection Well: Morgan County, IL; 26−16N−9W; 39.80111oN and 90.07491oW

TheFutureGen Alliance is providing financial responsibility pursuant to 40 CFR 146.85. FutureGen is using a trust fund to cover the costs of: corrective action, emergency and remedial response, injection well plugging, and post-injection site care and site closure.

Theestimated costs of each of these activities, as provided in FutureGen’s permit application, are presented in Table 1:

Table 1. Cost Estimates for Activities to be Covered by Financial Responsibility

Activity Estimated Cost (Millions, 2012$) Performing Corrective Action on Deficient Wells in AoR $0.62 Plugging Injection Wells $2.7
Post

-Injection Site Care $18.3 Site Closure $3.4 Emergency and Remedial Response $26.7 Note: Values in this table are rounded. For exact costs used to determine the value of the Trust Fund, refer to Table 2

.



### The instrument values included in this document are based on cost estimates provided during the permit application and review process. These values are subject to change during the course of the project to account for inflation of costs and any changes to the project that affect the cost of the covered activities. If the cost estimates change, FutureGen will adjust the value of the financial instruments.

Trust Fund The Permittee is providing financial responsibility for the cost of corrective action (as described in Attachment B of this permit), injection well plugging (per Attachment D of this permit), and post-injection site care and site closure (per Attachment E), and Emergency and Remedial Response (per Attachment F) via a trust fund valued at $51.7 million and established through theFinancial Assurance Demonstration for FutureGen Alliance

Permit Number: IL-137

-6A-0001 (Well #1) Page H 2of15 

### attached Trust Agreement. The U.S. Bank National Association is the Trustee of the trust fund. The trust fund will be funded in a “phased approach” to account for the fact that certain covered activities will not be incurred until injection begins. For example, resources to cover the cost of plugging the well need to be in place prior to when drilling commences; however certain
activities (e.g., corrective action that is performed on a phased basis, post-injection site care and monitoring, and site closure) will not need to be covered until closer to when injection begins.

Ta ble 2 breaks down the activities and estimated costs according to when the payments would be required (i.e., at least 7 days after final permit issuance, at the start of the “Pre-Injection” phase,
and within 1 year of final permit issuance or at least 7 days prior to the start of the “Injection and Post-Injection Phase,” whichever comes earlier), within two years of final permit issuance.
Table 2. Payment Schedule for Trust Fund

Funding Activities Costs (millions of dollars) Amount to be Added

Before Start of Phase (millions of dollars)
Pre

-Injection (within 7 days of final permit issuance) Plugging Injection and Monitoring Wells 2.723 2.723 Emergency and Remedial Response 6.1 6.1 Injection and Post

-Injection (within 1 year of final permit issuance, or at least 7 days prior to injection, whichever comes first

) AoR and Corrective Action 0.623 22.345 Post

-Injection Site Care (Includes Monitoring) 18.32 Closure 3.402 Injection and Post

-Injection (within 2 years of final permit issuance) Emergency and Remedial Response 20.6 20.6AMENDED AND RESTATED TRUST AGREEEMENT

Amended and Revised Trust Agreement (Agreement), entered into as ofMarch

### 2~, 2014, by and between the FutureGen Industrial Alliance, Inc. (Alliance), a non-profit 

### 501 (c)(3) corporation organized under the laws ofthe State ofDelaware, the Grantor, and U.S. Bank National Association, a national banking association, the Trustee.

Whereas, the United States Environmental Protection Agency (EPA), an agency ofthe United States Government, has established certain regulations applicable to the Grantor requiring that an owner or operator ofan injection well shall provide assurance that funds will be available when needed for corrective actions, injection well plugging, post-injection site care and site closure, or emergency and/or remedial response ofthe FutureGen 

### 2.0 Class VI (carbon dioxide [C02] geologic sequestration) injection wells,
Whereas, the Grantor has elected to establish a trust to provide all orpart ofsuch financial
assurance for the facilities identified herein,

Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee,

Now, therefore, the Grantor and the Trustee agree as follows:

Section 1. Definitions as used in this Agreement:
(A) The term "Grantor" means the owner or operator who enters into this Agreement and any successors or assigns ofthe Grantor.
(B) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
(C) "Facility" or "activity" means any underground injection well or any other facility or activity that is subject to regulation under the Underground Injection Control Program.
(D) EPA Water Division Director means the EPA Regional Water Division Director for Region V or an authorized representative.

Section 2. Identification ofFacilities and Cost Estimates. This Agreement pertains to the facilities and cost estimates identified on attached Schedule A.

Section 3. Establishment ofFund. The Grantor and the Trustee hereby establish a C02 Storage Trust Fund (Fund) to satisfy the financial responsibility demonstration under the Class VI Underground Injection Control (UIC) regulations 

### (40 CFR §§ 

### 146.81 -146.95) for the FutureGen 

### 2.0 Project.. The Grantor and the Trustee acknowledge thatthe purpose ofthe Fund is to fulfill the Grantor's corrective action, injection well plugging, post-injection site care and site

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 1closure, and emergency and/or remedial response obligations described at 40 CPR§§ 146.84 (Area ofreview and corrective action), 146.92 (Injection well plugging), 146.93 (Post-injection site care and site closure), and 146.94 (Emergency and remedial response), respectively. All expenditures from the Fund shall be to fulfill the legal obligations ofthe Grantor under such regulations, and not any obligation ofEPA. The Grantor and the Trustee intend that no independent third-party have access to the Fund except as herein provided. The Fund is established initially as consisting ofthe property, which is acceptable to the Trustee, described in Schedule B attached hereto. Suchproperty and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuantto this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any responsibilities ofthe Grantor established by EPA regulations.

Section 4. Payment for Corrective Action, Injection Well Plugging, Post-Injection Site Care and Site Closure, and Emergency and/or Remedial Response. The Trustee shall make payments from the Fund only as the EPA Water DivisionDirector shall direct, in writing, to provide for the payment ofthe costs ofcorrective actions, injection well plugging, post-injection site care and site closure, and/or emergency and remedial response ofthe injection wells covered by this Agreement. The Trustee shall use the Fund to reimburse the Grantor or other persons selected by the Grantor to perform work whenthe EPA Water Division Director advises 

### in writing that the work will be or was necessary for the fulfillment ofthe Grantor's corrective actions, injection well plugging, post-injection site care and site closure, and/or emergency and remedial response obligations described at 40 CPR 146.84, 146.92, 146.93, and 146.94, respectively. All expenditures from the Fund shall be to fulfill the legal obligations ofthe Grantor under such regulations, and not any obligation ofEPA, as the Agency is not a beneficiary ofthe Trust. The EPA Water Division Director may advise the Trustee that amounts in the Fund are no longer necessary to fulfill the Grantor's obligations under 40 CPR 146.85 and that the Trustee may refund the remaining funds to the Grantor. Upon refund, such funds shall no longer constitute part ofthe Fund as defined herein.

Section 5. Payments Comprising the Fund. Payments made to the Trustee for the Fund shall consist ofcash or securities acceptable to the Trustee. Schedule C provides the amounts and timing ofthe Alliance payments (i.e., the pay-inperiods).

Section 6. Trustee Management. The Trustee shall invest and reinvest the principal and income ofthe Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate 

### inwriting to the Trustee from time to time, subject, however, to the provisions ofthis Section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge its duties withrespect to the trust fund solely in the interest ofthe Grantor and withthe care, skill, prudence, and diligence under the circumstances then prevailing whichpersons ofprudence, acting in a like capacity and familiar with such matters, would use in the conduct ofan enterprise ofa like character and with like aims; except that:

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 2(A) Securities or other obligations ofthe Grantor, or any other owner or operator ofthe facilities, or any oftheir affiliates as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2.(a), shall notbe acquired or held, unless they are securities or other obligations of the federal or a state government;
(B) The Trustee is authorized to invest the Fund in time or demand deposits ofthe Trustee, to the extent insured by an agency ofthe federal or state government; and
(C) The Trustee is authorized to hold cash awaiting investment or distribution un-invested for a reasonable time and without liability for the payment ofinterest thereon.

Section 7. Commingling and Investment. The Trustee is expressly authorized in its discretion:

(A) To transfer from time to time any or all ofthe assets ofthe Fund to any common, commingled, or collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all ofthe provisions thereof, to be commingled with the assets ofother trusts participating therein; and
(B) To purchase shares in any investment company, except as specified in writing bythe owner or operator, registered under the Investment Company Act of 1940, 15 U.S.C. 80a-1 etseq., including one which may be created, managed, underwritten, orto which investment advice is rendered or the shares ofwhich are sold bythe Trustee. The Trustee may vote shares in its discretion.

Section 8. Express Powers ofTrustee. Without in any way limiting the powers and discretions conferred upon the Trustee bythe other provisions ofthis Agreement or by law, the Trustee is expressly authorized and empowered:
(A) To sell, exchange, convey, transfer, or otherwise dispose ofany property held by it, bypublic or private sale. No person dealing withthe Trustee shall be bound to see to the application ofthe purchase money or to inquire into the validity or expediency ofany such sale or other disposition;
(B) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry outthe powers herein granted;

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 3(C) To register any securities held in the Fund in its own name or inthe
name ofa nominee and to hold any security inbearer form or inbook entry, or to combine certificates representing such securities with certificates ofthe same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit ofsuch securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name ofthe nominee of such depositary with other securities deposited therein by another person, orto deposit or arrange for the deposit ofany securities issued bythe United States Government, or any agency or instrumentality thereof, with
a Federal Reserve bank, but the books and records ofthe Trustee shall at all times show that all such securities are part ofthe Fund;
(D) To deposit any cash inthe Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, inits separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency ofthe federal or state government; and
(E) To compromise or otherwise adjust all claims infavor ofor against the Fund.

Section 9. Taxes and Expenses. All taxes ofany kind that may be assessed or levied against or in respect ofthe Fund and all brokerage commissions incurred bythe Fund shall be paid from the Fund. All other expenses incurred bythe Trustee in connection with the administration ofthis Trust, including fees for legal services rendered to the Trustee, the compensation ofthe Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund.

Section 10. Annual Valuation. The Trustee shall annually, at least 30 days prior to the anniversary date ofestablishment ofthe Fund, furnish to the Grantor and to the EPA Water Division Director a statement confirming the value ofthe Trust. Any securities in the Fund shall be valued at market value as ofno more than 60 days prior to the anniversary date of establishment ofthe Fund. The failure ofthe Grantor to object in writing to the Trustee within 90 days after the statement has been furnished to the Grantor and the EPA Water Division Director shall constitute a conclusively binding assent by the Grantor, barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement.

Section 11. Advice ofCounsel. The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any question arising as to the construction ofthis Agreement ofany action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice ofcounsel.

Section 12. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time withthe Grantor.

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 4Section 13. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall notbe effective until the Grantor has appointed a
successor trustee and this successor accepts the appointment. The successor trustee shall have the
same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance ofthe appointment, the Trustee shall assign, transfer, and pay over to the
successor trustee the funds and properties then constituting the Fund. Iffor any reason the Grantor cannot or does not act inthe event ofthe resignation ofthe Trustee, the Trustee may apply to a court ofcompetentjurisdiction for the appointment ofa successor trustee or for instructions. The successor trustee shall specify the date onwhich it assumes administration of the trust in a writing sent to the Grantor, the EPA Water Division Director, and the present Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the Trustee as a result ofany ofthe acts contemplated by this Section shall be paid as provided in Section 9.

Section 14. Instructions to the Trustee. All orders, requests, and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated inthe attached Exhibit A or such other designees as the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests, and instructions. All orders, requests, and instructions bythe EPA Water Division Director to the Trustee shall be in writing, signed by the EPA Water Division Director, and the Trustee may rely
onthese instructions to the extent permissible by law. The Trustee shall have the right to assume, in the absence ofwritten notice to the contrary, that no event constituting a change or a termination ofthe authority ofany person to act on behalfofthe Grantor or EPAhereunder has occurred. The Trustee shall have no duty to act inthe absence ofsuch orders, requests, and instructions from the Grantor and/or EPA, except as provided for herein.

Section 15. Notice ofNonpayment. The Trustee shall notify the Grantor and the EPA Water Division Director, by certified mail within 10 days following the expiration ofthe 30-dayperiod after the anniversary ofthe establishment ofthe Trust, ifno payment is received from the Grantor during that period. After the pay-in period is completed, the Trustee shall not be required to send a notice ofnonpayment.

Section 16. Amendment ofAgreement. This Agreement may be amended by an instrument in writing executed by the Grantor, the Trustee, with the concurrence ofthe EPA Water Division Director, or bythe Trustee and the EPA Water Division Director ifthe Grantor ceases to exist. Provided, however, that EPA may not be named as a beneficiary ofthe Trust, receive funds from the Trust, or direct that Trust funds be paid to a particular entity selected by EPA.

Section 17. Cancelation, Irrevocability and Termination. Subject to the right ofthe parties to amend this Agreement as provided in Section 16, this Trust shall be irrevocable and shall continue until terminated atthe written agreement ofthe Grantor, the Trustee, with the
concurrence ofthe EPA Water Division Director, or bythe Trustee and the EPA Water Division Director ifthe Grantor ceases to exist. Upon termination ofthe Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor, or ifthe Grantor is no longer in existence, at the written direction ofthe EPA.

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 5Section 18. Immunity and Indemnification. The Trustee shall not incur personal liability ofany nature in connection with any act or omission, made in good faith, inthe administration ofthis Trust, or in carrying out any directions bythe Grantor issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense inthe event the Grantor fails to provide such defense. EPA does not indemnify either the Grantor or the Trustee due to the restrictions imposed bythe Anti-Deficiency Act, 31 U.S.C. 1341. Rather, any claims against EPA are subject to the Federal Tort Claims Act, 28 U.S.C. 2671, 2680.

Section 19. Choice ofLaw. This Agreement shall be administered, construed, and enforced according to the laws ofthe State ofIllinois with regard to claims bythe Grantor or Trustee. Claims involving EPA are subject to federal law.

Section 20. Interpretation. As used inthis Agreement, words inthe singular include the plural and words inthe plural include the singular. The descriptive headings for each Section ofthis Agreement shall not affect the interpretation orthe legal efficacy ofthis Agreement.



### Section 21. Integration. This Agreement supersedes the previously executed Trust Agreement between the parties hereto dated March 20, 2014.

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 6InWitness Whereofthe parties have caused this Agreement to be executed by their respective officers duly authorized and attested as ofthe date first above written.

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Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 7Schedule A: Facilities and Cost Estimates to Which the Trust Agreement Applies

Because the four injection wells covered bythis Agreement will be similarly constructed and drilled from a single well pad, the 

### C02 injected through the four wells will form one comingled 

### C02 plume. Therefore, funds noted inthe table below apply to all four injection wells as one integrated facility. Facility Corrective Injection Well Post-injection Emergency Action Plugging Site Care and and Site Closure Remedial ($million) ($million) ($million) Response ($million) EPA Identification Number IL-137- 6A-0001 Morgan County Class VI UIC Well#l 73 Central Park PlazaE Jacksonville, IL 62650 EPA Identification IL-137-6A-0002 Morgan County Class VIUIC Well#2 73 Central Park PlazaE Jacksonville, IL 62650 $0.623 $2.723 $21.722 $26.7 EPA Identification Number IL-137- 6A-0003 Morgan County Class VI UIC Well#3 73 Central Park PlazaE Jacksonville, IL 62650 EPA Identification Number IL-137- 6A-0004 Morgan County Class VI UIC Well#4 73 Central Park PlazaE Jacksonville, IL 62650

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 8Schedule B: Trust Fund Property

Because the four injection wells covered bythis Agreement will be similarly constructed and drilled from a single well pad, the 

### C02 injected through the four wells will form one comingled 

### C02 plume. Therefore, funds noted inthe table below apply to all four injection wells as one integrated facility.
Facility Fundin2 Value for Activities EPA Identification Number IL-137-6A0001 Morgan County ' Class VI UIC Well #1 73 Central Park PlazaE Jacksonville, IL 62650 EPA Identification Number IL-137-6A0002 Morgan County Class VI UIC Well #2 73 Central Park Plaza E Jacksonville, IL 62650 $51,768,000.00 EPA Identification Number IL-137-6A0003 Morgan County Class VI UIC Well #3 73 Central Park Plaza E Jacksonville, IL 62650 EPA Identification Number IL-137-6A0004 Morgan County Class VI UIC Well #4 73 Central Park Plaza E Jacksonville, IL 62650

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 9Schedule C: Pay-in Periods

The C02 Trust Fund will be funded according to when the financial risks are incurred onthe FutureGen 2.0 Project in four distinct activities:

• Pre-Injection: Once an injection or monitoring well is drilled, plugging costs will eventually need to be incurred. Therefore, the trust account will be funded with the cost ofplugging injection and monitoring wells prior to drilling the wells. The Alliance's estimated cost ofthis activity is $2.723 million.

• Injection: As soon as injection ofC02 begins in the Class VI well(s), certain activities will necessarily need to occur (corrective action that is performed on a phased basis, postinjection site care and monitoring, and site closure). Therefore, the trust account should be funded with the costs associated with these activities. The Alliance's estimated cost of this activity is $22.345 million.

• Post-Injection: While all costs must be covered atthe start ofthe post-injectionphase, the trust account may phase out these costs as the activities are completed (with approval from the EPA Water Division Director). For example, once wells have been plugged, their corresponding plugging costs may be subtracted from the total value ofthe trust account.

• Emergency and remedial response: Prior to authorization from EPA to begin injecting C02 under the Class VI well permit(s), the Alliance must be prepared to undertake any emergency or remedial response actions, although such actions are unlikely to be needed. The Alliance estimated the cost ofthe most severe incident to be $6.1 million, which is the amount that will be placed into the trust fund prior to drilling the injection well(s). However, to ensure that sufficient funds will be available inthe highly unlikely event that multiple incidents occurred over the entire period ofinjection andpost-injection operations, the Alliance will add $20.6 million to the trust fund for emergency and remedial response (for a total of$26.7 million) prior to EPA's authorization ofthe start of C02 injection.

Within seven calendar days after the issuance offmal Class VI UIC permits for the Morgan County injection wells, the Alliance will ensure that $2.723 million is inthe C02 Trust Fundto

cover the cost ofplugging injection and monitoring wells inthe Pre-Injection Period. In addition, the Alliance will ensure that $6.1 million is inthe C02 Trust Fund to cover the cost of emergency and remedial response during the construction period and prior to the start ofC02 injection.

On or before the one-year anniversary ofthe issuance ofthe final Class VI UIC permits for the Morgan County injection wells, and at least seven calendar days prior to EPA authorization for the start ofC02 injection in any ofthe wells (whichever is earlier), the Alliance will ensure that

an additional $22.345 million is in the C02 Trust Fund to cover the costs ofthe Injection and Post-Injection Periods. The total value ofthe trust at the beginning ofthe Injection Period will be

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 10$31.168 million. An additional $20.6 million will be added on orbefore the two-year anniversary ofthe issuance ofthe final Class VI UIC permit(s) for the Morgan County injection well(s), completing the phase-in offinancial responsibility payments for emergency and remedial response. The Alliance may also elect to substitute another mechanismto demonstrate fmancial responsibility for emergency and remedial response for the**~ection** and post-injectionphases. If EPA approves such a substitution, this Agreement will be amended accordingly.

These amounts are based onthe third-party cost estimate submitted bythe Alliance in its SupportingDocumentation: UndergroundInjection Control Class VIInjection Well Permit Applications for FutureGen 2. 0Morgan County Wells 1, 2, 3, and4, dated March 2013 (Appendix C) and on EPA's independent evaluation ofthe cost estimates. These costs are subject to review and approval by EPA and may be adjusted for inflation or any change to the cost estimate in accordance with40 CFR § 146.85(c)(2).

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 11Table 1 shows the activities and estimated costs according to when the payments would be required (i.e., at the start ofthe "Pre"Injection" phase or at the start ofthe "Injection and Post" Injection Phase").

Table 1: Payment Schedule
Amount to be Added Before Costs Start ofPhase (millions of (millions of Funding Activities dollars) dollars) Pre"Injection (within 7 Plugging Injection and Monitoring Wells 2.723 2.723 days of finalpermit Emergency and Remedial issuance) Response 6.1 6.1 Injection and Post" Injection (within 1year AoR and Corrective Action 0.623 of

finalpermit issuance, Post"Injection Site Care 22.345 or at least 7 daysprior (Includes Monitoring) 18.32
to injection, whichever

comes first) Closure 3.402 Injection and PostInjection (within 2years Emergency and Remedial of

finalpermit issuance) Response 20.6 20.6

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 12Exhibit A FutureGen Industrial Alliance, Inc. Designee Authorized to Instruct Trustee

Kenneth K. Humphreys, Jr. ChiefExecutive Officer FutureGen Industrial Alliance, Inc. 73 Central Park PlazaEast Jacksonville, Illinois 62650 217/243-8215

The FutureGen IndustrialAlliance, Inc., as Grantor, may designate other designees by amendment to this Exhibit.

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 13