1 EXHIBIT 25 FORM T-1 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF ELIGIBILITY UNDER THE TRUST INDENTURE ACT OF 1939 OF A CORPORATION DESIGNATED TO ACT AS TRUSTEE CHECK IF AN APPLICATION TO DETERMINE ELIGIBILITY OF A TRUSTEE PURSUANT TO SECTION 305(b)(2) / / THE BANK OF NEW YORK (Exact name of trustee as specified in its charter) New York 13-5160382 (State of incorporation (I.R.S. employer if not a U.S. national bank) identification no.) One Wall Street, New York, N.Y. 10286 (Address of principal executive offices) (Zip code) ANKER COAL GROUP, INC. (Exact name of obligor as specified in its charter) Delaware 52-1990183 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) Anker Group, Inc. (Exact name of obligor as specified in its charter) Delaware 13-2961732 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) Anker Energy Corporation (Exact name of obligor as specified in its charter) Delaware 51-0217205 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) 2 Bronco Mining Company, Inc. (Exact name of obligor as specified in its charter) West Virginia 22-2094405 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) Anker Power Services, Inc. (Exact name of obligor as specified in its charter) West Virginia 55-0700346 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) Anker West Virginia Mining Company, Inc. (Exact name of obligor as specified in its charter) West Virginia 55-0699931 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) Juliana Mining Company, Inc. (Exact name of obligor as specified in its charter) West Virginia 55-0568083 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) King Knob Coal Co., Inc. (Exact name of obligor as specified in its charter) West Virginia 55-0488823 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) Vantrans, Inc. (Exact name of obligor as specified in its charter) Delaware 22-2093700 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) 3 Melrose Coal Company, Inc. (Exact name of obligor as specified in its charter) West Virginia 55-0746947 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) Hawthorne Coal Company, Inc. (Exact name of obligor as specified in its charter) West Virginia 55-0742562 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) Upshur Property, Inc. (Exact name of obligor as specified in its charter) Delaware 95-4484172 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) Heather Glen Resources, Inc. (Exact name of obligor as specified in its charter) West Virginia 55-0746946 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) New Allegheny Land Holding Company, Inc. (Exact name of obligor as specified in its charter) West Virginia 31-1568515 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) Patriot Mining Company, Inc. (Exact name of obligor as specified in its charter) West Virginia 55-0550184 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) 4 Vindex Energy Corporation (Exact name of obligor as specified in its charter) West Virginia 55-0753903 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) Anker Virginia Mining Company, Inc. (Exact name of obligor as specified in its charter) Virginia 54-1867395 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) Simba Group, Inc. (Exact name of obligor as specified in its charter) Delaware 55-0753900 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) 2708 Cranberry Square Morgantown, West Virginia 26508 (Address of principal executive offices) (Zip code) Marine Coal Sales Company (Exact name of obligor as specified in its charter) Delaware 13-3307813 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) 645 West Carmel Drive Carmel, Indiana 46032 (Address of principal executive offices) (Zip code) 14.25% Second Priority Senior Secured Notes due 2007 (PIK through April 1, 2000) (Title of the indenture securities) 5 1. GENERAL INFORMATION. FURNISH THE FOLLOWING INFORMATION AS TO THE TRUSTEE: (a) NAME AND ADDRESS OF EACH EXAMINING OR SUPERVISING AUTHORITY TO WHICH IT IS SUBJECT. Name Address ---- ------- Superintendent of Banks of 2 Rector Street, New York, the State of New York N.Y. 10006, and Albany, N.Y. 12203 Federal Reserve Bank of New York 33 Liberty Plaza, New York, N.Y. 10045 Federal Deposit Insurance Washington, D.C. 20429 Corporation New York Clearing House New York, New York 10005 Association (b) WHETHER IT IS AUTHORIZED TO EXERCISE CORPORATE TRUST POWERS. Yes. 2. AFFILIATIONS WITH OBLIGOR. IF THE OBLIGOR IS AN AFFILIATE OF THE TRUSTEE, DESCRIBE EACH SUCH AFFILIATION. None. 16. LIST OF EXHIBITS. EXHIBITS IDENTIFIED IN PARENTHESES BELOW, ON FILE WITH THE COMMISSION, ARE INCORPORATED HEREIN BY REFERENCE AS AN EXHIBIT HERETO, PURSUANT TO RULE 7a-29 UNDER THE TRUST INDENTURE ACT OF 1939 (THE "ACT") AND 17 C.F.R. 229.10(d). 1. A copy of the Organization Certificate of The Bank of New York (formerly Irving Trust Company) as now in effect, which contains the authority to commence business and a grant of powers to exercise corporate trust powers. (Exhibit 1 to Amendment No. 1 to Form T-1 filed with Registration Statement No. 33-6215, Exhibits 1a and 1b to Form T-1 filed with Registration Statement No. 33-21672 and Exhibit 1 to Form T-1 filed with Registration Statement No. 33-29637.) 4. A copy of the existing By-laws of the Trustee. (Exhibit 4 to Form T-1 filed with Registration Statement No. 33-31019.) 6. The consent of the Trustee required by Section 321(b) of the Act. (Exhibit 6 to Form T-1 filed with Registration Statement No. 33-44051.) 7. A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. 6 SIGNATURE Pursuant to the requirements of the Act, the Trustee, The Bank of New York, a corporation organized and existing under the laws of the State of New York, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in The City of New York, and State of New York, on the 1st day of December, 1999. THE BANK OF NEW YORK By: /s/ MARY LAGUMINA ------------------------------- Name: MARY LAGUMINA Title: ASSISTANT VICE PRESIDENT 7 Consolidated Report of Condition of THE BANK OF NEW YORK of One Wall Street, New York, N.Y. 10286 And Foreign and Domestic Subsidiaries, a member of the Federal Reserve System, at the close of business September 30, 1999, published in accordance with a call made by the Federal Reserve Bank of this District pursuant to the provisions of the Federal Reserve Act. Dollar Amounts ASSETS In Thousands Cash and balances due from depository institutions: Noninterest-bearing balances and currency and coin ...... $ 6,394,412 Interest-bearing balances ............................... 3,966,749 Securities: Held-to-maturity securities ............................. 805,227 Available-for-sale securities ........................... 4,152,260 Federal funds sold and Securities purchased under agreements to resell .................................... 1,449,439 Loans and lease financing receivables: Loans and leases, net of unearned income ......................37,900,739 LESS: Allowance for loan and lease losses ...................572,761 LESS: Allocated transfer risk reserve .........................11,754 Loans and leases, net of unearned income, allowance, and reserve ................................ 37,316,224 Trading Assets ............................................. 1,646,634 Premises and fixed assets (including capitalized leases) ................................................. 678,439 Other real estate owned .................................... 11,571 Investments in unconsolidated subsidiaries and associated companies .................................... 183,038 Customers' liability to this bank on acceptances outstanding ............................................. 349,282 Intangible assets .......................................... 790,558 Other assets ............................................... 2,498,658 ----------- Total assets ............................................... $60,242,491 ===========