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Home My WebLink About920968 C00081 SIXTH ADDENDUM to MORTGAGE, SECURITY AGREEMENT and ASSIGNMENT WHEREAS, on the 30th day of March, 1999, DOUBLE EAGLE PETROLEUM CO" fonnerly known as Double Eagle Petroleum and Mining Company, a Maryland Corporation (hereinafter referred to as "Borrower"), entered into a Mortgage, Security Agreement and Assignment (hereinafter referred to as "Mortgage"), with AMERICAN ENERGY FINANCE, the predecessor in interest to AMERICAN NATIONAL BANK (hereinafter collectively referred to as "Bank"), which was recorded with the County Clerks where the original lands were located; and WHEREAS, the Mortgage secured a Five Hundred Thousand Dollar ($500,000.00) Line of Credit; and WHEREAS, the Borrower and Bank in a First Addendum to Mortgage, Security Agreement and Assignment date January 4, 2000 expanded the Line of Credit with a new Promissory Note from American National Bank having a maximum amount of Three Million Dollars ($3,000~000.00) or Borrowing Base as established in the Loan Commitment Agreement dated December 2, 1999, whichever is the lessor amount; and WHEREAS, the Borrower and Bank in a Second Addendum to Mortgage, Security Agreement and Assignment dated August 15, 2001 established the amount of the Line of Credit at Three Million Dollars ($3,000,000.00) and included additional lands in Fremont, Sublette and Carbon Counties, Wyoming as security for the Line of Credit and assign the secured interest from American Energy Finance to American National Bank; and WHEREAS, the Borrower and Bank in a Third Addendum to Mortgage, Security Agreement and Assignment dated October 10,2002 increased the amount of the Line of Credit to a maximum amount of Four Million Two Hundred Fifty Thousand Dollars ($4,250,000.00); and WHEREAS, the Borrower and Bank in a Fourth Addendum to Mortgage, Security Agreement and Assignment dated January 27,2003 increased the amount of the Line of Credit to a maximum amount of Five Million Two Hundred Fifty Thousand Dollars ($5,250,000.00); and WHEREAS, the Borrower and Bank in a Fifth Addendum to Mortgage, Security Agreement and Assignment dated effective July 17, 2003 increased the amount of the Line of Credit to a maximum amount ofTen Million Dollars ($10,000,000.00); and WHEREAS, the Borrower and Bank desire to increase the amount of the Line of Credit to a maximum amount of Fifty Million Dollars ($50,000,000.00) with an initial borrowing base of Twenty Five Million Dollars ($25,000,000.00); and WHEREAS, the Borrower and Bank are desirous of amending the original Mortgage to include additional lands as security for the increased Line of Credit. NOW, THEREFORE, in consideration of the additional lands to be used as security for the Mortgage and expansion of Borrower's Line of Credit, the Borrower and Bank agree as follows: RECEIVED 8/4/2006 at 3:02 PM RECEIVING # 920968 BOOK: 629 PAGE: 81 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Rm¡m~ill!~~:~:' i!~ ~rl41;:~i~;:i~' :': m;mmlill~~;n;' . ~;-~;%~¡;ill}~:;·<:! 000082 0920968 1. The Mortgage shall be amended to include additional lands, and all rights in the wells, units, production and improvement thereon or associated therewith, which lands are described as follows: DOTY MOUNTAIN (CBM) UNIT Township 17 North. Range 91 West. 61h P.M. Section 11: S'liS'li Section 12: SWI!4SW1!4 Section 13: W'liWlh Section 14: All Section 15: E'liE'li, S'liSWI!4, SWI!4SE1!4 Section 21: E'liE'li Section 23: All Section 24: Lots 4,5, 12, 13 (aka W/2WI2) Section 26: N'liN'li Section 27: N'liN'li Section 28: NEI!4NE1!4 Carbon County, Wyoming MESA UNIT Township 33 North. Range 109 West 61h P.M. Section 19: E'liE'liSEI!4, E'liSEI!4NEI!4, SEI!4NEI!4NE1!4 Section 20: SY2NWI!4, S'liN'liNWI!4, SWI!4NEI!4, S'liNWI!4NEI!4, SWlj.¡NEI!4NEI!4, W'liSEI!4NElj.¡, SWI!4, W'liSEI!4, WlhE'liSE1!4 Section 29: N'liN'liNWI!4, N'liNWI!4NEI!4, NWI!4NEI!4NE1!4 Section 30: NEI!4NElj.¡NE1!4 Sublette County, Wyoming The additional lands being included in the Mortgage shall grant to the Bank the same security interest as exists with the original lands. The Exhibit "A" to the Mortgage shall be amended to include the additional lands. A copy of the Amended Exhibit "A" is attached hereto and made a part hereof. 2. The potential amount of the Line of Credit in the Mortgage available to Borrower from American National Bank shall be amended and increased to a maximum amount of Fifty Million Dollars ($50,000,000.00). The initial Borrowing Base available to Borrower is established at Twenty-five Million Dollars ($25,000,000.00). 3. The remainder of the terms and conditions in the original Mortgage shall remain in full force and effect. AGREED to and accepted effective the 151 day of August, 2006. ATTESTED: DOUBLE EAGLE PETROLEUM CO., formerly known as Double Eagle Petroleum and Mining Company BY:~~~ STEPHE H, HOLLIS, Chief Executive Officer ~~, ~-::: :i: l<>..,,:~ J:~:::",,-p,,-\'--, ~\.cu=- ç:-~~~C1..l~ ~~\c....~ By: -2- 1\ 0320Sf~8 rnO'-\83 (JU u. STATE OF WYOMING ) )SS ) COUNTY OF NA TRONA The foregoing instrument was acknowledged before me this lOTH day of JUL.)' 2006, by DOUBLE EAGLE PETROLEUM CO" formerly known as Double Eagle Petroleum and Mining Company, by and through its Chief Executive Officer, STEPHEN H, HOLLIS, and attested to by Ð;-lÐ~',IHL'R. SttVeB Dt!;cufdder, referred to as the "Borrower" herein, as its free act and deed said individuals B.1\Ao Ll,- having full power and authority to act on behalf of the Borrower. /nPAQ /)'YI.; Notary Public ~ ~ ~ '-':".. .~-:, .... My Commission expires: MASAMI TAGUCHI Notary Public State of Colorado . / \\\~í~"'.""';; ',:.~ .\\\\ -,. '1.',. ;." ,( " /.~-!:, ." ' ,'I ., \" ..: :or ,. , \'" :," "6' , "- 'I V ~ .. 0\) ), '" '~"'" ..~ .·t \ '~<"~"í" ¡'/~~ ~' co': '. '~: . "!.' I.. I J . ,_ Þ1/ D6 / ZDo9 , STATE OF WYOMING ) )SS COUNTY OF NA TRONA ) The foregoing instrument was acknowledged before me this ZDTH day of JIA. L-t ' 2006, by AMERICAN NATIONAL BANK, a Wyoming banking corporation, by and through Dallen Juelfs, its President, referred to as the "Ban1e" herein. huu£J~ :k ~ Notary Public. ~ My Commission expires: 01 lOb /ZD()9 ... . MASAMI TAGUCHI Notary Public State of Colorado ,....-... . ..! .(,;:';:~""""'''';'';'' 1+' f.....· ... ~....~~'<i, _.; .I:~, 1· " . .~-..~ -3- ~~;i~m~~m~B ;::;::~:,:;.,...."..:.'.". 8 091Jô'0)(} LONG BUTTE UNIT WALTMAN 21-19 FRENCHIE DRAW ~ AMENDED ;~¡[mI~m~;~¡~~~;·! EXHIBIT A MORTGAGE, SECURITY AGREEMENT, AND ASSIGNMENT Township 38 North. Range 91 West 6th P.M. Section 2: Section 3: Section 4: Section 5: Section 6: Section 7: Section 8: Section 9: Section 10: Section II: All All All All All Lots 1,2,5,6, NE4, E2NW4, NE4SE4 N2, N2S2 N2NW4, SW4NW4, NW4SW4 NE4NW4, N2NE4, SE4NE4 N2, NE4SW4, N2SE4, SE4SE4 Township 38 North. Range 92 West 6th P.M. Section 1: 0rìO'<\84 \_' \J I U .. Lots 1-11, SW4NE4, SE4NW4, NW4SE4 Township 39 North. Range 91 West 6th P.M. Section 28: Section 29: Section 30: Section 31 Section 32: Section 33: All All Lots 3-8, E2, E2SW4, SE4NW4 All All All Township 39 North. Range 92 West 6th P.M. Section 25: Section 35: Section 36: S2SE4, NE4SE4, SE4SW4 E2SE4, SE4NE4 All Fremont County, Wyoming Township 36 North. Range 87 West 6th P.M. Section 24: SE4SE4 Section 25: NE4NE4 And any rights accruing from the drill-site spaced unit for the Waltman 21-19 Well. Natrona County, Wyoming Graham Unit #2 Township 37 North. Range 89 West 6th P.M. Section 3: Lots 1-4, S~N~ Natrona County, Wyoming -4- 0920968 GOVERNMENT BRIDGE WOLF DRAW UNIT JAMES CREEK ROCK ISLAND UNIT BARREL SPRINGS MARIANNE FIELD Township 31 North. Range 82 West. 6th P.M. Section 19, 20, 21, 26 Township 31 North. Range 83 West. 6th P.M. Section 24 Natrona County, Wyoming Township 52 North. Range 68 West. 6th P.M. Section 18: Lots 3, 4, E~SW'/4, SE'/4 Section 19: Lot 1 Township 52 North. Range 69 West. 6th P.M. Section 13: Lot 16 Section 24: Lot 1 Crook County, Wyoming Credo Federal # 1-6 Township 14 North. Range 103 West. 6th P.M. Section 6: NE'/4 Britz Federal #1 Township 15 North. Range 103 West. 6th P.M. Section 31: SE'/4 Sweetwater County, Wyoming #4-H Township 19 North. Range 97 West. 6th P.M. Section 4 Sweetwater County, Wyoming #1-36 Township 16 North. Range 94West. 6th P.M. Section 36 Sweetwater County, Wyoming Anderson 12-1 Township 20 North. Range 103 West. 6th P.M. Section 12: SE'/4 Madex 13-1 Township 20 North. Range 103 West. 6th P.M. Section 13: SW'/4 -5- Ji~Ei~~i~~~t;~:i¡~ l" iì 0 ,co:. 8 5 '., U I t/ , f020968 J.~ WHISKEY BUTTES UNIT WINDMILL (MUDDY) MADDEN UNIT MESA UNIT {;~¡~¡~~~I$~} Madex 18-1 Township 20 North, Range 102 West, 6th P.M. Section 18: SWY4 Madex 24-2 Township 20 North, Range 103 West, 6th P.M. Section. 24: NWY4 Steve Federal 14-1 Township 20 North, Range 103 West, 6th P.M. Section 14: SE'i4 Sweetwater County, Wyoming Township 21 North, Range 111 West. 6th P.M. Section 6: S~SW'i4 Township 21 North, Range 112 West, 6th P.M. Section 18: E~SWY4, SEY4NEY4 Lincoln County, Wyoming Raybourn #11-5 Township 50 North, Range 69 West. 6th P.M. Section 5: NW'i4NW'i4 Campbell County, Wyoming Township 39 North, Range 90 West, 6th P.M. Section 23: SEY4NE'i4, E~SWY4, SEY4 Section 24: SW'i4NW'i4, NW'i4SW'i4 Section 26: NWY4NE'i4, E~NW'i4 Fremont County, Wyoming Township 32 North, Range 109 West. 6th P.M. Section 5: SWY4SWY4 Section 6: S~SEY4, SEY4SW'i4 Section 7: NE'i4, E~NWY4, N~SE'i4 Section 8: W~NW'i4, NWY4SWY4 Section 9: S~SWY4, SWY4SElj,¡ Section 16: W~, NE'i4, N~SE'i4, SWY4SEY4 Section 17 SEY4NE'i4, NEY4SEY4 -6- 86 0920968 ... .-~ 0 .. : \) j (..1 8 7 MESA UNIT Township 33 North. Range 109 West. 6th P.M. Section 19: E~E~SEYt, E~SEYtNEYt, SEYtNEYtNEYt Section 20: S~NWYt, S~N~NWYt, SWYtNEYt, S~NWYtNEYt, SWYtNEYtNEYt, W~SEYtNEYt, SWYt, W~SEYt, W~E~SEYt Section 29: N~N~NWYt, N~NWYtNEYt, NWYtNE YtNE Yt Section 30: NEYtNEYtNEYt Sublette County, Wyoming COW CREEK UNIT Township 16 North. Range 91 West 6th P.M. Section 6: Lot 27, SEYtSWYt Section 7: Lot 5,6,7, 8, E~NWYt, NEYtSWYt Section 18: Lot 5 Township 16 North. Range 92 West 6th P.M. Section 1: SEYtSEYt Section 11: E~SEYt Section 12: S~, NEYt, E~NWYt, SWYtNWYt Section 13: N~, N~SWYt, SEYtSWYt, NWl/4SEYt Section 14: NEYtNEYt Carbon County, Wyoming DOTY MOUNTAIN (CBM) UNIT Township 17 North, Range 91 West 6th P.M. Section II: S~S~ Section 12: SWYtSWYt Section 13: W~W~ Section 14: All Section 15: E~E~, S~SWYt, SWYtSEYt Section 21: E~E~ Section 23: All Section 24: Lots 4,5, 12, 13 (aka W/2W/2) Section 26: N~N~ Section 27: N~N~ Section 28: NEYtNEYt Carbon County, Wyoming 1. The interest in the Long Butte Unit described on Page 4 of this Exhibit A shall include any and all rights accruing pursuant to ownership in the Long Butte Unit. 2. The interest in the Rock Island Unit described on Page 5 of this Exhibit A shall include any and all rights accruing pursuant to ownership in the Rock Island Unit. 3. The interest in the Wolf Draw Unit described on Page 5 of this Exhibit A shall include any and all rights accruing pursuant to ownership in the Wolf Draw Unit. 4. The interest in the Whiskey Butte Unit described on Page 6 of this Exhibit A shall include any and all rights accruing pursuant to ownership in the Whiskey Butte Unit. -7- f~~~iI;i¡imm~j~; ~:;,~1 [~~~~@I~llii~'~ C88 09209f;S 5. The interest in the Madden Unit described on Page 6 of this Exhibit A shall include any and all rights accruing pursuant to ownership in the Madden Unit. 6. The interest in the Mesa Unit described on Page 5,6 and 7 ofthis Exhibit A shall include any and all rights accruing pursuant to ownership in the Mesa Unit. 7. The interest in the Cow Creek Unit described on Page 7 of this Exhibit A shall include any and all rights accruing pursuant to ownership in the Cow Creek Unit. 8. The interest in the Doty Mountain (CBM) Unit described on Page 7 of this Exhibit A shall include any and all rights accruing pursuant to ownership in the Doty Mountain (CBM) Unit. 9. The interests included in the wells and fields described on this Exhibit A in the Waltman 21- 19, James Creek and Marianne leases shall include any and all rights accruing pursuant to ownership in these leases. 10. This Exhibit A has been provided by Double Eagle Petroleum Co., formerly known as Double Eagle Petroleum and Mining Company with the intent of providing collateral for the attached mortgage. American National Bank has relied on the accuracy and completeness of the legal descriptions provided above. lfthe entire interest owned by Double Eagle Petroleum Co., formerly known as Double Eagle Petroleum and Mining Company in any of the wells, fields and units included in this Exhibit A is found to be in error, it is the intent of the parties hereto to include all interests owned by Double Eagle Petroleum Co., formerly known as Double Eagle Petroleum and Mining Company as a part of the collateral. -8- .. ., . .:,':j 0,':." ,:.:.,. ., UCC FINANCING STATEMENT AMENDMENT FOLLOW INSTRUCTIONS (front and back) CAREFULLY A. NAME & PHONE OF CONTACT AT FILER [optional] Judy Jones (307) 234-5300 B. SEND ACKNOWLEDGMENT TO: (Name and Address) ~merican National Bank 400 East 1 st Street Casper, WY 82601 L ,':' n 0 (i 8 9 I ~ THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1a,INITIAL FINANCING STATEMENT FILE # 1b. This FINANCING STATEMENT AMENDMENT is U II 0912 .; to be filed [for record] (or recorded) in the or REAL ESTATE RECORDS, 2. Effectiveness of the Financing Statement identified above is terminated with respect to security interest(s) of the Secured Party authorizing this T erminalion Statement. 3, CONTINUATION: Effectiveness of the Financing Statement identified above with respect to security interesl(s) of the Secured Party authorizing this Continuation Statement is continued for the additional period provided by applicable law. 4. 5, AMENDMENT (PARTY INFORMATION): This Amendment affects SSIGNMENT (full or partial): Give name of assignee in item 7a or 7b and address of assignee in item 7c; and also give name of assignor in item 9. 6, CURRENT RECORD INFORMATION: 6a. ORGANIZATION'S NAME OR 6b, INDIVIDUAL'S LAST NAME FIRST NAME 7. CHANGED (NEW) OR ADDED INFORMATION: 7a, ORGANIZATION'S NAME OR 7b, INDIVIDUAL'S LAST NAME FIRST NAME 7c. MAILING ADDRESS DELETE name: Give record name to be deleted in item 6a or 6b. ADD name: Complete item 7a or 7b, and also item ?c; also com lete items 7d·? (if a licable. MIDDLE NAME SUFFIX MIDDLE NAME SUFFIX 400 East 1 st Street 7d, TAX ID #: SSN OR EIN 7e. TYPE OF ORGANIZATION CITY Casper 71. JURISDICTION OF ORGANIZATION USA STATE POSTAL CODE WY 82601 COUNTRY 79, ORGANIZATIONAL ID #, if any 8, AMENDMENT (COLLATERAL CHANGE): check only Qill! box. Describe collateral 0 deleted or EJ added, or give entire o restated collateral description, or describe collateral Dass¡gned. NONE Increase the Line of Credit to a maximum amount of Fifty Million Dollars ($50,000,000.00) at a variable interest rate of Wall Street Journal Prime minus 1.125% as described in a modification to the original Promissory Note, and add additional lands to the existing Mortgage said increase to be covered in the collateral on the existing Mortgage, Security Agreement, Financing Statement, and Assignment which is recorded in the County real estate records. 9, NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT (name of assignor, if this is an Assignment), If this is an Amendmenl authorized by a Debtor which adds collateral or adds the authorizing Debtor, or if this is a Termination authorized by a Debtor, check here tI and enter name of DEBTOR authorizing this Amendment. 9a. ORGANIZATION'S NAME Double Eagle Petroleum CO, OR 9b, tNDIVIDUAL'S LAST NAME 1D.OPTlONAL FILER REFERENCE DATA Lincoln County, Wyoming MIDDLE NAME SUFFIX FILING OFFICE COpy - NATIONAL UCC FINANCING STATEMENT AMENDMENT (FORM UCC3) (REV, 07/29/98) ru1,,,,,,,W"'-:;':¡¡J "'b'"r"·i~·:".,"'" 'l ;t;:;!f;llii:¿~ r..:.:.:.~:.:,:.~;:~;.:; ~:::::::::I~Z~::~ ::;: ~~",.'.!.'-'/