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HomeMy WebLinkAbout9514926010918502 alliance Title Esr.rovt P.O. Box 1367 Kemmerer Wv 83901 This Document Prepared By and After Recording Return to: Daniel W. Baker, Esq. Chapman and Cutler LLP 111 West Monroe Street Chicago, Illinois 60603 2727703 01 03.doc 1550193 RECEIVED 1/11/2010 at 11:29 AM RECEIVING 951492 BOOK: 739 PAGE: 585 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE ONLY RELEASE OF MORTGAGE 000585 FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE FILED WITH THE RECORDER OR REGISTRAR OF TITLES IN WHOSE OFFICE THE MORTGAGE OR DEED OF TRUST WAS FILED. KNOW ALL MEN BY THESE PRESENTS, that BANK OF MONTREAL, a Canadian chartered bank with its principal place of business at 100 King Street West, 19th Floor, Toronto, Ontario, Canada M5X 1 Al ("BMO"), acting as agent for the Secured Creditors identified and defined in the Mortgage as hereinafter defined (BMO acting as such agent being hereinafter referred to as "Mortgagee"), pursuant to that certain Mortgage and Security Agreement with Assignment of Rents dated as of March 15, 2002 of SunOpta Ingredients Inc., a Delaware corporation, and recorded in the Recorder's Office of Lincoln County, Wyoming on April 8, 2002 as Document No. 880158, Book 486, Page 840, as supplemented by that certain First Supplement to Mortgage and Security Agreement with Assignment of Rents dated as of November 25, 2002 and recorded 586 in the Recorder's Office of Lincoln County, Wyoming on January 8, 2003 as Document No. 886757, Book 509, Page 116, as supplemented by that certain Second Supplement to Mortgage and Security Agreement with Assignment of Rents dated as of February 21, 2003 and recorded in the Recorder's Office of Lincoln County, Wyoming, on March 10, 2003 as Document No. 888294, Book 514PR, Page 549, as supplemented by that certain Third Supplement to Mortgage and Security Agreement with Assignment of Rents dated as of May 16, 2003 and recorded in the Recorder's Office of Lincoln County, Wyoming, on June 23, 2003 as Document No. 891034, Book 524, Page 866, as supplemented by that certain Fourth Supplement to Mortgage and Security Agreement with Assignment of Rents dated as of July 7, 2004 and recorded in the Recorder's Office of Lincoln County, Wyoming, on July 19, 2004 as Document No. 901162, Book 562, Page 325, as supplemented by that certain Fifth Supplement to Mortgage and Security Agreement with Assignment of Rents dated as of July 20, 2005, and recorded in the Recorder's Office of Lincoln County, Wyoming, on August 15, 2005 as Document No. 910922, Book 594, Page 401, as supplemented by that certain Sixth Supplement to Mortgage and Security Agreement with Assignment of Rents dated as of December 9, 2005, and recorded in the Recorder's Office of Lincoln County, Wyoming, on December 20, 2005 as Document No. 914586, Book 607, Page 880, and as supplemented by that Seventh Supplement to Mortgage and Security Agreement with Assignment of Rents dated as of September 13, 2006, and recorded in the Recorder's Office of Lincoln County, Wyoming, on September 28, 2006 as Document No. 922872, Book 635, Page 226, and as amended and restated by that certain Amended and Restated Mortgage and Security Agreement with Assignment of Rents dated as of October 30, 2009, and recorded in the Recorder's Office of Lincoln County, Wyoming, on November 4, 2009 as Document No. 950379, Book 735, Page 195 (collectively, the "Mortgage"), which Mortgage encumbers the real estate located in Lincoln County, Wyoming, described on Schedule I attached hereto and made a part hereof, for and in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby release the Mortgage and the aforesaid real estate from the lien thereof. IN WITNESS WHEREOF, Mortgagee has caused these presents to be signed by its authorized officer this qth day of December, 2009. BANK OF MONTREAL, as Agent -2- COUNTRY OF CANADA PROVINCE OF ONTARIO The foregoing instrument was acknowledged before me this day of December, 2009 by IOmtJ p, tiAC, nq di'i`e('f'a✓ of Bank of Montreal, a Canadian chartered bank, on behalf of said bank. Notary Publi This Instrument Was Drafted By: Daniel W. Baker, Esq. Chapman and Cutler LLP 111 West Monroe Street Chicago, Illinois 60603 SS. Tax Statements for the Real Property Described in this Instrument Should Be Sent to: 199 West 2nd Avenue Afton, Wyoming 83110 CPO 5187 6e_ f/v4r1 (E OR PRINT NAME) 199 West 2nd Avenue, Afton, Wyoming SCHEDULE I (to Release of Mortgage) DESCRIPTION OF PROPERTY O0588 Part of Section 25, T32N R119W of the 6th P.M., Lincoln County, Wyoming being more particularly described as follows: COMMENCING at a point which is 1475 feet West and 200 feet North of the E 1/4 corner of said Section 25, and running thence North 90 degrees West, 483.35 feet; thence North 0 degrees West, 250 feet; thence North 90 degrees East, 483.35 feet; thence South 0 degrees East, 250 feet to the POINT OF BEGINNING. Record Owner: SunOpta Ingredients Inc. (formerly known as Northern Food and Dairy, Inc.)