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HomeMy WebLinkAbout959579RECORDING 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 Lease: That certain Wind Energy Lease Agreement, entered into by and between Rick 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 340, and on November 16, 2009, at Book 735, Page 805 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 380 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 (H) any other provisions of the Lease which by their terms survive the termination or expiration of the Lease. [signature page follows] RECEIVED 6/8/2011 at 1 2:46 M RECEIVING 959579 BOOK: 767 PAGE: 743 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY THE STATE OF TEXAS COUNTY OF HARRIS 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. Witness my hand and official seal. AN MAUREtN C. BURG Notary Public, State of Texas My Commission Expires November 04, 2012 iP „i LESSEE: Orion Lincoln County Wind Farm LLC BY: Orion Energy L.L.C., its sole member D. E. Broadfoot, Attorn y -in-Fact Notary Public in and for the State of Texas 000744 Exhibit A Description of the Property 000745 That certain real property consisting of approximately 380 acres situated in Lincoln County, Wyoming, to wit: The N 7 a of the NW 1 of the MIT 1 A and the N 'A of the SW 'VI of Section 5, Township ip 19 North, Rage 117 West, and the S of the N' the NE A of the NB 'A and the NW of the NW 4 of Section 31, Township 29 North, Range 117 West, 6th ?rincip .e Meridian,