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HomeMy WebLinkAbout959578RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: Orion Lincoln County Wind Farm LLC c/o BP Alternative Energy North America Inc. 700 Louisiana, 33 Floor Houston Texas 77002 -2823 Attention: Mr. D. E. Broadfoot Date: February 25, 2010 (Space Above for Recorder's Use) RELEASE OF WIND ENERGY LEASE AGREEMENT [signature page follows] RECEIVED 6/8/2011 at 12:44 PM RECEIVING 959578 BOOK: 767 PAGE: 740 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000940 Lease: That certain Wind Energy Lease Agreementt, entered into by and between Shirley Hebdon "Lessor and Orion Lincoln County Wind Farm LLC, a Delaware limited liability company, "Lessee dated effective as of March 16, 2004 (the "Lease a memorandum of which was recorded on June 29, 2009 at Book 726, Page 334, and on November 16, 2009, at Book 735, Page 799 of the official real property records of Lincoln County, Wyoming. Pursuant to the Lease, Lessor granted to Lessee the exclusive right to use the Premises for the purpose of constructing, installing, operating and maintaining wind energy conversion turbines, wind resource and weather measurement equipment, supporting structures, foundations and pads, footings, electrical transformers, fixtures, and storage equipment, electric distribution and transmission lines, access roads, interconnection facilities and related facilities and equipment on the Premises to the extent set forth in the Lease. Premises: That certain 701.6 acres of real property situated in Lincoln County, Wyoming, as more particularly described in Exhibit A attached hereto and incorporated herein. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged: The Lease is hereby terminated as of the date first set forth above pursuant to Section 15.1 of the Lease, and as of such date, the Lease is of no further force and effect. Lessor and Lessee are hereby released of all further obligations, covenants and agreements accruing under the Lease with respect to the Premises after such date. Notwithstanding the foregoing, in no event shall Lessor or Lessee be released from (i) any of its obligations, covenants or agreements relating to the Premises which accrue under the Lease prior to such date or (ii) any other provisions of the Lease which by their terms survive the termination or expiration of the Lease. THE STATE OF TEXAS COUNTY OF HARRIS Witness my hand and official seal. 1:P �s a MAUREEN G. BURG Notary Public, State of Texas a My Commission Expires q November 04, 2012 LESSEE: Orion Lincoln County Wind Farm LLC D. E. Broadfoot, Atto -y -in -Fact 000941 BY: Orion Energy L.L.C., its sole member On June 3, 2011, D.E. Broadfoot, as Attorney -in -Fact for Orion Energy L.L.C., a California limited liability company, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, personally appeared before me and acknowledged to me that he executed the same in his respective authorized capacity, on behalf of said entity. Notary Public in and for the State of Tex EXHIBIT "A" Legal Description of Property 000742 That certain real property consisting of approximately 701.6 acres situated in Lincoln County, Wyoming, to wit: rhe S V of the SW 'A, the S of the S3 Vs, the N 4oftheSF the NE Vt the S VottheNW 1/2. of the NW 1/2, the NE '4 of the NW 1/2, the SE 1/2 of the NW 1/2, mid the SW 1 /4 of the NW V of Section 5, Township 19 North, Range 117 West; and the S !.4 of Section 31, Township 20 North., Range 117 West 6" Principle Meridian, In the event of inaccuracies in the foregoing legal description, Lessee shall modify this Exhibit "A" to correct the inaccuracies.