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Home My WebLink About949288PARTIAL RELEASE OF LIEN 00225 This Partial Release of Lien (this "Partial Release") is executed as of the ? rr day of May, 2009, by Bank of America, N.A., a national banking association, in its capacity as Administrative Agent and as the sole bank under the Credit Agreement (as herein defined) ("Administrative Agent"). WITNESSETH: WHEREAS, Administrative Agent, under that certain Credit Agreement dated as of May 9, 2008, by and among Black Diamond Minerals, LLC ("Borrower"), Administrative Agent and the financial institutions parties thereto, as Banks (as amended the "Credit Agreement"), is the beneficiary and holder of that certain Mortgage described on Annex I attached hereto and made a part hereof (the "Mortgage"); and WHEREAS, Borrower has requested that Administrative Agent release the liens and security interests created by the Mortgage, and any other liens and security interests held by Administrative Agent, insofar and only insofar as such liens and security interests cover the property described on Exhibit A attached hereto (the "Release Property"); and NOW, THEREFORE, in consideration of the payment of $1.00 and other good and valuable consideration, the receipt of which is hereby acknowledged: 1. Administrative Agent hereby releases and forever discharges the Release Property in and from all liens and security interests created by the Mortgage and in and from any other liens and security interests held by Administrative Agent, INSOFAR AND ONLY INSOFAR as such liens and security interests cover the Release Property. 2. This Partial Release is a partial release only and shall in no way affect the lien and security interests of the Mortgage or the assignment of production therein contained insofar as such lien, security interest and assignment relates to any property or interest other than the Release Property, nor shall this Partial Release affect the obligations of Borrower to pay the indebtedness secured by the Mortgage according to its tenor and effect. IN WITNESS WHEREOF, Administrative Agent, acting by and through its duly authorized officer has executed this Partial Release as of the date hereof. Ct]C4W"0SAM RtIB~ . OF MAC My Cow*sW E*" jJ UM 11. um it 201 1553751v1 BAN 177 / 13010 BANK OF AMERICA, N.A., as Administrative Agent By: Stephen , H f Managing Di ector RECEIVED 9/4/2009 at 11:58 AM RECEIVING # 949288 BOOK: 731 PAGE: 225 JEANNE WAGNER I IN(C)I N (:C)I INTY C:I FRK KFMMFRFR WY } `+i At v~l2 2 STATE OF MASSACHUSETTS COUNTY OF SUFFOLK The foregoing instrument was acknowledged before me this / day of May, 2009, by Stephen J. Hoffman, Managing Director of Bank of America, N.A., a national banking association, on behalf of said association. 'SEAL' ~ SEAL My commission expires: MY c4ftft" Em" 2-0 The address of Administrative Agent is Attention: Stephen J. Hoffman Notary Public,ate of Massachusetts 100 Federal Street Mail Stop MA DE 10009H Boston, Massachusetts 02110 'n+ of .Iona ~ 2("S This instrument prepared by: Vinson & Elkins L.L.P. 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201 Attention: Susan D. Hamilton 1553751v1 BAN177 /13010 ANNEX I WYOMING LINCOLN COUNTY, WYOMING r`- 0 22' 1. Mortgage Deed of Trust Security Agreement Financing Statement and Assignment of Production dated as of May 9, 2008, executed by Borrower, as Mortgagor, in favor of Agent, as Mortgagee, filed on June 2, 2008, as File No. 939426, Book 696, Page 1, in Lincoln County, Wyoming. SUBLETTE COUNTY, WYOMING 2. Mortgage Deed of Trust Security Agreement Financing Statement and Assignment of Production dated as of May 9, 2008, executed by Borrower, as Mortgagor, in favor of Agent, as Mortgagee, filed on June 3, 2008, as File No. 336071, Oil & Gas Book 137, Page 739, in Sublette County, Wyoming. SWEETWATER COUNTY, WYOMING Mortgage Deed of Trust Security Agreement Financing Statement and Assignment of Production dated as of May 9, 2008, executed by Borrower, as Mortgagor, in favor of Agent, as Mortgagee, filed on June 13, 2008, 2008, as File No. 1535705, Book 1122, Page 0641, in Sweetwater County, Wyoming. UINTA COUNTY, WYOMING 4. Mortgage Deed of Trust Security Agreement Financing Statement and Assignment of Production dated as of May 9, 2008, executed by Borrower, as Mortgagor, in favor of Agent, as Mortgagee, filed on June 2, 2008, as File No. 143225, in Book 914, Page 852, in Uinta County, Wyoming. 1553751v1 BAN177 / 13010 Exhibit A Legal Descri tp ion (to be attached) 0 0~112 2 1553751v1 BAN177 / 13010 EXHIBIT "A" f)C%,j 29 Attached to and made a part of Assignment and Bill of Sale dated May 19, 2009, Black Diamond Minerals, LLC to Lodestone Operating, Inc. PART A: FEDERAL LEASES 1. Bird Canyon Federal #10-27 WELL NAME AND LOCATION: Bird Canyon Federal #10-27 Township 26 North, Range 111 West, 6th P.M. Section 27: NEA Sweetwater County, Wyoming ASSOCIATED LEASES AND LANDS: Lessor: United States Lease WYW-37670 Lease Date: January 1, 1973 Lessee: Sam V. Morse Description: Township 27 North, Range 111 West, 6th P.M. Section 27: N/2 Sweetwater County, Wyoming RELATED CONTRACTS: Contract: Farmout Agreement Date: December 20, 1982 Parties: Energetics, Inc. and Southland Royalty Company Lands Covered: Township 27 North, Range 111 West, 6th P.M. Section 27: W/2NE/4, NW/4 and other lands not included in this assignment Contract: Farmout Agreement Date: November 18, 1982 Parties: Energetics, Inc. and Natural Gas Corporation of California, et al. Lands Covered: Township 27 North, Range 111 West, 6th P.M. Section 27: N/2 and other lands not included in this assignment Contract: Farmout Agreement Date: November 15, 1982 Parties: Energetics, Inc. and Marvin Wolf Lands Covered: Township 27 North Range 111 West, 6th P.M. Section 27: N/2 and other lands not included in this assignment 1553751v1 BAN 177/ 13010 -6230 II. Blue Forest 20-6 and Blue Forest 33-12 WELL NAME AND LOCATION: Blue Forest 20-6 Township 24 North, Range 110 West, 6th P.M. Section 6: C NEA Sweetwater County, Wyoming Blue Forest 33-12 Township 24 North, Range 111 West, 6th P.M. Section 12: NW/4SE/4 Sweetwater County, Wyoming ASSOCIATED LEASES AND LANDS: Lease # WYW-3332 dated effective as of January 1, 1967, insofar and only insofar as said Lease covers the following described lands: Township 24 North, Range 110 West, 6th P.M. Section 6: Lot 1 (37.55), Lot 2 (38.48), S/2NE/4 Sweetwater County, Wyoming Township 24, Range 111 West, 6th P.M. Section 12: SE/4 Sweetwater County, Wyoming III. Buckhorn Canyon #10-3, #30-3 and #40-3 WELL NAME AND LOCATION: Buckhorn Canyon #10-3 Township 25 North, Range 111 West, 6th P.M. Section 3: SW/4NW/4 Sweetwater County, Wyoming Buckhorn Canyon #30-3 Township 25 North, Range 111 West, 6th P.M. Section 3: NW/4SW/4 Sweetwater County, Wyoming Buckhorn Canyon #40-3 Township 25 North, Range 111 West, 6th P.M. Section 3: SE/4SE/4 Sweetwater County, Wyoming 15537510 BAN177/13010 ASSOCIATED LEASES AND LANDS: Lessor: USA-WYW-112550 ;b ,f- 23 Original Lessee: Terra Resources, Inc. Date of Lease: August 1, 1988 Description: Township 25 North, Range 111 West, 6th P.M. Section 3: Lots 8 and 9 (Dependent Resurvey)(formerly described as Lot 4, SWANW/4) Sweetwater County, Wyoming Lessor: USA-WYW-111297 Original Lessee: Terra Resources, Inc. Date of Lease: June 1, 1988 Description: Township 25 North, Range 111 West, 6th P.M. Section 3: Lots 7, 10 and 15-18, inclusive (Dependent Resurvey)(formerly described as Lot 3, SE/4NW/4, SW/4) Sweetwater County, Wyoming Lessor: USA-WYW-104980 Original Lessee: Terra Resources, Inc. Date of Lease: August 1, 1987 Description: Township 25 North, Range 111 West, 6th P.M. Section 3: Lots 13, 14, 19, 20 (Dependent Resurvey)(formerly described as SE/4) Sweetwater County, Wyoming IV. Esposito Federal 40-20 WELL NAME AND LOCATION: Esposito Federal 40-20 Township 28 North, Range 111 West, 6th P.M. Section 20: SW4SE/4 Sublette County, Wyoming ASSOCIATED LEASES AND LANDS: Lease # VVYW77883 INSOFAR ANDE ONLY INSOFAR as said Lease covers the following described lands: Township 28 North Range 111 West 6th P.M. Section 20: E/2 Section 29: NEA, SE/4 Section 32: NEA, SEA Sublette County, Wyoming RELATED CONTRACTS Contract: Operating Agreement 1553751vl BAN177/13010 '~y ~ ~.~1 ~ 3 Pas Date: April 23, 1982 Parties: Energetics, Inc. et al. Lands Covered: Township 28 North, Range 111 West, 6th P.M. Section 20: E/2 Section 29: E/2 Section 32: E/2 Sublette County, Wyoming V. Lincoln Road 30-9 WELL NAME AND LOCATION: Lincoln Road 30-9 Township 24 North, Range 111 West, 6th P.M. Section 9: C SE/4 Sweetwater County, Wyoming ASSOCIATED LEASES AND LANDS: Lessor: United States Lease WYW117035 Lease Date: July 3, 1976 Lessee: Norita M. Wiegand Description: Township 24 North, Range 111 West, 6th P.M. Section 9: S/2 Sweetwater County, Wyoming VI. Lonetree 12-30 WELL NAME AND LOCATION: Lonetree 12-30 Township 13 North, Range 113 West, 6th P.M. Section 30: SWANW/4 Uinta County, Wyoming ASSOCIATED LEASES AND LANDS: Lessor: United States Lease WYW 126839 Lease date: March 1, 1982 Lessee: Dennis L. Melby Description: Township 13 North, Range 113 West, 6th P.M. Section 30: Lots 2 and 3, S/2NE/4, SEANW/4, E/2SW/4, N/2SE/4, SWASEA Uinta County, Wyoming 1553751v1 BAN 177 / 13010 Lessor: United States Lease WYW-83345 Lease date: March 1, 1982 Lessee: Dennis L. Melby Description: Township 13 North, Range 113 West, 6th P.M. Section 30: Lotl, N/2NE/4, NE/4NW/4 Uinta County, Wyoming Lessor: Preston Ross Johnson, IND/TSTC Lessee: Cabot Oil & Gas Corporation Lease date: September 24, 1996 Recorded: September 24, 1996, Book 673, Page 211 Description: Township 13 North, Range 113 West, 6th P.M. Section 30: Lot 4 Uinta County, Wyoming VII. Raptor #10-18 WELL NAME AND LOCATION: Raptor #10-18 Township 24 North, Range 111 West, 6th P.M. Section 18: SE/4NW/4 Lincoln County, Wyoming ASSOCIATED LEASES AND LANDS: Lessor: United States Lease WYW 61042 Lease date: February 1, 1978 Lessee: Clair L. Johnson Description: Township 24 North Range 111 West, 6th P.M. Section 18: Lots 5 and 6, E/2NW/4 Lincoln County, Wyoming RELATED CONTRACTS: Working Interest Pooling Agreement, Raptor Area, effective November 1, 1984, as amended, by and between Keller-Rubow Petroleum, Inc., Thermal Exploration, Inc. (now Black Diamond Minerals, LLC as assignee of Cabot Oil & Gas Corporation), et al., as recorded in Book 801, at Page 1739, Sweetwater County, Wyoming, and Book 275PR, at Page 72, Lincoln County, Wyoming. 1553751v1 BAN177/13010 23 Raptor Unit and Unit Operating Agreement No. WYW 049P56-85U879, dated effective May 31, 1984, Sweetwater County, Wyoming. VIII. Raptor #40-18 WELL NAME AND LOCATION: Raptor #40-18 Township 24 North, Range 111 West, 6th P.M. Section 18: C SW/4 Lincoln County, Wyoming ASSOCIATED LEASES AND LANDS: Lessor: United States Lease WYW 61042 Lease date: February 1, 1978 Lessee: Clair L. Johnson Description: Township 24 North, Range 111 West, 6th P.M. Section 18: Lot 7 (19.26), 8 (19.16), E/2SW/4 Lincoln County, Wyoming IX. Raptor Federal (a.k.a. Lincoln Road) #10-7 WELL NAME AND LOCATION: Raptor Federal (a.k.a. Lincoln Road) #10-7 Township 24 North, Range 111 West, 6th P.M. Section 7: SE/4NW/4 Lincoln County, Wyoming ASSOCIATED LEASES AND LANDS: Lessor: United States Lease WYW47397 Lease date: November 1, 1974 Lessee: Eva Hecht Description: Township 24 North, Range 111 West, 6th P.M. Section 7: Lots 5 and 6, E/2NW/4 Lincoln County, Wyoming X. Reservoir Unit 10-1 WELL NAME AND LOCATION: Reservoir Unit 10-1 Township 24 North, Range 112 West, 6th P.M. 1553751vt BAN177/13010 Section 1: SEANW/4 Lincoln County, Wyoming ASSOCIATED LEASES AND LANDS: Lessor: United States Lease WYW85245 Lease date: September 1, 1983 Lessee: Bergo Associates Description: Township 24 North, Range 112 West, 6th P.M. Section 1: Lots 3 and 4, SEANWA Lincoln County, Wyoming RELATED CONTRACTS: Working interest Pooling Agreement, Raptor Area, effective November 1, 1984, as amended, by and between Keller-Rubow Petroleum Inc., Thermal Exploration, Inc. (now Black Diamond Minerals, LLC, as assignee of Cabot Oil & Gas Corporation), et al., as recorded in Book 801, at Page 1739, Sweetwater County, Wyoming, and Book 275PR, at Page 72, Lincoln County, Wyoming. Farmout Letter Agreement dated effective December 9, 1992, as amended by and between ANR Production Company and Washington Energy Exploration, Inc. (now Black Diamond Minerals, LLC, as assignee of Cabot Oil & Gas Corporation). Reservoir Unit (dated effective December 28, 1992 and terminated May 26, 1995) and Reservoir Unit Operating Agreement No. WYW 126097X, Lincoln County, Wyoming. Farmout Agreement, Joint Operating Agreement, dated effective January 29, 1983, as amended by and between Amoco Production Company and Exploration, Inc. (now Black Diamond Minerals, LLC, as assignee of Cabot Oil & Gas Corporation). Acreage Trade Agreement, by and between Amoco Production Corporation and Cabot Oil & Gas Production Corporation (now Black Diamond Minerals, LLC, as assignee of Cabot Oil & Gas Corporation, as successor in interest to Cabot Oil & Gas Production Corporation). XI. State 1-16 WELL NAME AND LOCATION: State 1-16 Township 18 North Range 111 West, 6`'' P.M. Section 16: SWNW Sweetwater County, Wyoming 1553751vl BAN 177 / 13010 ij 236 ASSOCIATED LEASES AND LANDS: State of Wyoming Lease #99-771 dated effective as of December 2, 1999, insofar and only insofar as said Lease covers the Frontier formation on the following described lands: Township 18 North, Range 111 West, 6`h P.M. Section 16: All Sweetwater County, Wyoming XII. Chapel Canyon #30-18 WELL NAME AND LOCATION: Chapel Canyon #30-18 Township 28 North, Range 111 West, 6`h P.M. Section 18: NEASW/4 Sublette County, Wyoming ASSOCIATED LEASES AND LANDS: Lessor: Rock Springs National Bank, Successor Trustee for the Fear Family Trust Lessee: Crown Lease Date: February 12, 1999 Recorded: Book 110 O & G, at Page 563, as Reception No. 272292 Description: Township 28 North, Range 111 West, 6th P.M. Section 18: Lot 3 (19.62), 4 (20.28), NE/4SW/4 (33.00), SE/4SW/4 (26.00) (Land in the E/2SW/4 is the acreage reserved by the Fear family below the High Line Canal as it was in 1931.) Containing 98.90 acres. Sublette County, Wyoming Lessor: Lillian Steadman Gilbert, Jennifer Rose Gilbert and Alicia Ann Gilbert Lessee: Crown Lease Date: August 19, 1999 Recorded: Book 112 O & G, at Page 219, as Reception No. 275027 Description: Township 28 North, Range 111 West, 6`h P.M. Section 18: NE/4SW/4 (7.00), SE/4SW/4 (14.00). Land in the E/2SW4 reserved by the Gilbert (Reardon) family above the line of the High Line Canal as it was in 1931. Lessor: Patricia Ramage Steadman and husband, Harry J. Steadman Lessee: Belco Petroleum Corporation Lease Date: Not known Recorded: Book 51, at Page 568 Description: Township 28 North, Range 111 West, 6`h P.M. Section 18: E/2SW/4 LESS those lands lying east or above the line of survey of the High Line Canal Sublette County, Wyoming 1553751vi BAN177/13010 Lessor: Lessee: Lease Date: Recorded: Description: 1553751v1 BAN177/13010 1St National Bank of Kemmerer, Trustee for the Fear Family Trust Thomas F. 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