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Home My WebLink About937128 PARTIAL RELEASE Recitals 000471. 1. Reference is made to that certain Deed of Trust, Mortgage, Line of Credit Mortgage, Assignment, Security Agreement, Fixture Filing and Financing Statement dated April 16, 2003, from S1. Mary Land & Exploration Company, et al ("Mortgagor") to Jay Chemosky, as Trustee, and First American Title Company of Utah (for Utah properties only) and Wachovia Bank, National Association, as Administrative Agent, a counterpart of which is recorded, among other places, in the office of the County Clerk of Lincoln County, Wyoming under File No. 889463, Book 518, Page 747 of the Official Public Records of Real Property of Lincoln County, Wyoming (the "Mortgage). 2. S1. Mary Land & Exploration Company entered into a Purchase and Sale Agreement with Abraxas Operating, LLC dated December 11, 2007 (the "PSA"). By operation of the PSA, Buyer agreed to purchase the Assets from Seller and Seller agreed to sell the Assets to Buyer (as such terms are defined in the PSA). The Assets include all of Seller's right, title and interest in certain properties located in Lincoln County, Wyoming as more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes (the "Conveyed Interests"); and, as a result of PSA, Mortgagor hereby requests that Administrative Agent execute this Partial Release. NOW THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Administrative Agent has RELEASED and DISCHARGED, and by these presents does hereby RELEASE and DISCHARGE the Conveyed Interests, and all "Collateral" and "proceeds of Collateral" (as such terms are defined in the Mortgage) attributable to the Conveyed Interest, from the liens and security interests created by the Mortgage. The Administrative Agent hereby further terminates the assignment of "production" and "Proceeds of Production" made in favor of the Administrative Agent under Article III of the Mortgage insofar and only insofar as said assignment relates to the Conveyed Interests. IT IS EXPRESSL Y UNDERSTOOD AND AGREED TRA T THIS IS A PARTIAL RELEASE RELATING SOLELY TO THE CONVEYED INTEREST (AND ANY COLLATERAL OR PROCEEDS OF COLLATERAL ATTRIBUTABLE THERETO). THIS PARTIAL RELEASE SHALL IN NO WAY RELEASE, AFFECT OR IMPAIR THE ADMINISTRATIVE AGENT'S RIGHTS, TITLES, INTEREST, SECURITY INTERESTS AND LIENS AGAINST ANY OTHER INTEREST OR PROPERTY DESCRIBED IN AND/OR COVERED BY THE MORTGAGE. BY ITS ACCEPTANCE OF THIS PARTIAL RELEASE, AND SUBJECT TO THE TERMS HEREOF, MORTGAGOR HEREBY RATIFIES AND CONFIRMS THE MORTGAGE AND THE OTHER "LOAN DOCUMENTS" REFERRED TO THEREIN IN ALL RESPECTS, OTHER THAN WITH RESPECT TO THOSE PROPERTIES, RIGHTS RECEIVED 2/25/2008 at 9:01 AM RECEIVING # 937128 BOOK: 687 PAGE: 471 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY / úO\)472 AND INTERESTS RELEASED HEREBY (HEJIN COLLECTIVELY CALLED THE "RELEASED PROPERTIES"), AND FURTHER CONFIRMS AND ADMITS THAT IT REMAINS OBLIGATED AS PROVIDED THEREIN. MORTGAGOR ADDITIONALLY CONFIRMS AND ADMITS THAT ITS PROPERTIES, RIGHTS AND INTEREST COVERED BY THE MORTGAGE, EXCEPT FOR THE RELEASED PROPERTIES, REMAIN SUBJECT TO THE LIENS AND SECURITY INTERESTS PROVIDED THEREIN. Reference is hereby made to the Mortgage and recordation thereof for all purposes in connection herewith. Executed this -3 Ð--Ik- day of January, 2008. By: Name: Title: m A AJA(Ç.OJ ~ 'b I E£c'foL THE STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on this 3 () 1.!::. day of "SA""' Ll~.e..~ ,2008 by 0~~ f<\. ŒH<rJ2lùo.sVj_, a' . of Wachovia Bank, Natioñ'al Association, a national banking association, on behalf of suc ational banking association. M 4.w1Ç/~ »/ f?éc 412.. [SEAL] ~;B~'S~S This instrument was prepared by and upon recording should be returned to: S1. Mary Land & Exploration Company 1776 Lincoln S1. Suite 700 Denver, CO 80203 Attn: Ms. Dana McGoveran 000473 ( EXHIBIT "A" LEASE SCHEDULE Attached to and made a part of Partial Release LEASE NO. LESSOR/LESSEE 602271 USA WYW 44095 M E GELLERT 602272 USA WYW 0318355 M E GELLERT 602273 USA WYW 0320817 W D TOLAN ROW605492 OLD HIGHWAY 30 ROAD BP AMERICA PRODUCTION COMPANY, KERR-MCGEE OIL & GAS ONSHORE LP, ANADARKO E&P COMPANY LP, CABOT OIL AND GAS CORPORATION, EOG RESOURCES ENCANA OIL & GAS (USA) INC, QUESTAR EXPLORATION & PRODUCTION COMPANY ROW605492 OLD HIGHWAY 30 ROAD continued BP AMERICA PRODUCTION COMPANY, et al ROW605492 OLD HIGHWAY 30 ROAD continued BP AMERICA PRODUCTION COMPANY, et al LINCOLN CO., WY 00ù474 BOOK LEASE PAGE DATE ENTRY LAND DESCRIPTION 8/1/1965 T22N R112W, 6TH PM SEC 11:NE/4SW/4, S/2SW/4, W/2S, E/4 SE/4SE/4 SURFACE TO THE STRAT EQUIV OF 11,950' 8/1/1965 106 PR T22N R112W, 6TH PM 181 SEe 14: N/2, NE/4SW/4, NW/4SE/4 449078 SURFACE TO THE STRAT EQUIV OF 11,950' 12/1/1965 T22N R112W, 6TH PM SEC 15: E/2NE/4 6/1/2006 NOT ROAD MAINTENANCE AGMT: OLD HWY 30 REC ROAD (MOXA FIELD) T20N R112, 6TH PM SEC 5: ALL SEC 6: E/2 (FOLLOWS AND BORDERS ST HWY 30) SEC 8: N/2, NE/4SW/4, SW/4SE/4 (FOLLOWS AND BORDERS ST HWY 30) SEe 10: SW/4 SEC 15: W/2 SEC 17: NE/4NE/4 SEC 27: W/2 SEC 34: NW/4 T19N R111W, 6TH PM SEe 6: ALL T19N R112W, 6TH PM SEC 1: ALL SEC 2: ALL SEC 3: NE/4 SEC 11: ALL SEC 12: ALL SEC 13: NE/4, N/2NW/4, SE/4NW/4, NE/4SW/4, N/2SE/4, SE/4SE/4 SEe 14: NE/4NE/4 (BORDERS ST HWY 30) T20N R111W, 6TH PM SEe 16: ALL SEC 17: ALL SEC 18: ALL SEC 19: ALL SEC 20: ALL SEC 21: ALL SEe 28: ALL SEe 29: ALL SEe 30: ALL SEe 31: ALL SEC 32: ALL SEC 33: ALL T20N R112, 6TH PM SEC 10: SE/4 SEe 13: ALL SEC 14: ALL SEC 15: E/2 SEe 16: ALL SEC 22: E/2 SEC 23: ALL Page 1 of 2 ABRAXAS OPERATING, LLC EXHIBIT "A" LEASE SCHEDULE Attached to and made a part of Partial Release LEASE NO. LESSOR/LESSEE LEASE DATE LINCOLN CO., WY Page 2 of2 BOOK PAGE ENTRY LAND DESCRIPTION SEe 24: ALL SEe 25: ALL SEC 26: ALL SEC 27: E/2 SEC 34: E/2 SEC 35: ALL SEe 36: ALL T21N R112W, 6TH PM SEe 35: ALL 00\)475 ABRAXAS OPERATING, LLC EXHIBIT "A" WELL SCHEDULE Attached to and made a part of Partial Release û00476 WELL # WELL NAME STATE COUNTY 62353 COW CREEK 10-34ED WY LINCOLN 64358 COW CREEK 19-28 WY LINCOLN 61705 EMIGRANT HOLLOW 1-27 WY LINCOLN 61964 EMIGRANT HOLLOW 31-21 WY LINCOLN 62352 EMIGRANT HOLLOW 36-21 ED WY LINCOLN 64381 COW CREEK 26-26 WY LINCOLN 62314 COW CREEK 6-28 WY LINCOLN 62218 COW CREEK 8-26 WY LINCOLN 61336 COW HOLLOW 10 WY LINCOLN 61365 COW HOLLOW 101 WY LINCOLN 61383 COW HOLLOW 102 WY LINCOLN 61363 COW HOLLOW 103 WY LINCOLN 61384 COW HOLLOW 104 WY LINCOLN 61364 COW HOLLOW 105 WY LINCOLN 61373 COW HOLLOW 11 WY LINCOLN 61376 COW HOLLOW 15 WY LINCOLN 61378 COW HOLLOW 16 WY LINCOLN 61385 COW HOLLOW 201-22E WY LINCOLN 61386 COW HOLLOW 202-22E WY LINCOLN 61387 COW HOLLOW 203-22E WY LINCOLN 61966 COW HOLLOW 206-26E WY LINCOLN 62360 COW HOLLOW 212-23 WY LINCOLN 62307 COW HOLLOW 213-10 WY LINCOLN 62476 COW HOLLOW 214-30 WY LINCOLN 62952 COW HOLLOW 216-23 WY LINCOLN 62948 COW HOLLOW 217-27 WY LINCOLN 62949 COW HOLLOW 218-15 WY LINCOLN 63056 COW HOLLOW 219-31 WY LINCOLN 63067 COW HOLLOW 220-35 WY LINCOLN 63068 COW HOLLOW 221-25 WY LINCOLN 61927 COW HOLLOW 223-10 WY LINCOLN 61356 COW HOLLOW 25 WY LINCOLN 63144 COW HOLLOW 255-27 WY LINCOLN 63145 COW HOLLOW 256-27 WY LINCOLN 63369 COW HOLLOW 257-27 WY LINCOLN 63496 COW HOLLOW 262-34 WY LINCOLN 63497 COW HOLLOW 266-10 WY LINCOLN 63498 COW HOLLOW 267-10 WY LINCOLN 63146 COW HOLLOW 268-35 WY LINCOLN 63360 COW HOLLOW 269-31 WY LINCOLN 63499 COW HOLLOW 270-36 WY LINCOLN 63500 COW HOLLOW 274-26 WY LINCOLN 62311 COW HOLLOW 30-24 WY LINCOLN 61358 COW HOLLOW 35 WY LINCOLN 61357 COW HOLLOW 36 WY LINCOLN 61359 COW HOLLOW 37 WY LINCOLN 61366 COW HOLLOW 38 WY LINCOLN 61185 COW HOLLOW 40-24 WY LINCOLN 61367 COW HOLLOW 42 WY LINCOLN 61368 COW HOLLOW 44 WY LINCOLN 61369 COW HOLLOW 45 WY LINCOLN 61370 COW HOLLOW 46 WY LINCOLN 61371 COW HOLLOW 53 WY LINCOLN 61329 COW HOLLOW 54 WY LINCOLN 61326 COW HOLLOW 55 WY LINCOLN ABRAXAS OPERATING, LLC LINCOLN COUNTY, WY Page 1 of 2 LINCOLN COUNTY, WY EXHIBIT "A" WELL SCHEDULE Attached to and made a part of Partial Release WELL # WELL NAME STATE COUNTY 61377 COW HOLLOW 57 WY LINCOLN 000477 61372 COW HOLLOW 58 WY LINCOLN 61379 COW HOLLOW 60 WY LINCOLN 61380 COW HOLLOW 61 WY LINCOLN 61381 COW HOLLOW 65 WY LINCOLN 61374 COW HOLLOW 68 WY LINCOLN 61382 COW HOLLOW 69 WY LINCOLN 61353 COW HOLLOW 70 WY LINCOLN 61354 COW HOLLOW 71 WY LINCOLN 61345 COW HOLLOW 72 WY LINCOLN 61348 COW HOLLOW 76 WY LINCOLN 61331 COW HOLLOW 79 WY LINCOLN 61332 COW HOLLOW 81 WY LINCOLN 61346 COW HOLLOW 83 WY LINCOLN 61347 COW HOLLOW 86 WY LINCOLN 61349 COW HOLLOW 90 WY LINCOLN 64856 COW HOLLOW 90-24 WY LINCOLN 61350 COW HOLLOW 92 WY LINCOLN 61351 COW HOLLOW 93 WY LINCOLN 61355 COW HOLLOW 96 WY LINCOLN .61352 COW HOLLOW 97 (PUD) WY LINCOLN 61360 COW HOLLOW 98 WY LINCOLN 62263 COW HOLLOW UNIT 208-22 WY LINCOLN 62264 COW HOLLOW UNIT 209-14 WY LINCOLN 62265 COW HOLLOW UNIT 210-35 WY LINCOLN 63492 COW HOLLOW UNIT 224-34 WY LINCOLN 63493 COW HOLLOW UNIT BORDER 258-34E WY LINCOLN 63908 EMIGRANT HOLLOW BORDER 37-23E WY LINCOLN 63368 WHISKEY HOLLOW BORDER 1-35E WY LINCOLN Page 2 of 2 ABRAXAS OPERATING, LLC