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HomeMy WebLinkAbout974434THIS INSTRUMENT WAS PREPARED BY AND WHEN RECORDED SHOULD BE RETURNED TO: David G. Stolfa 3300 South Columbine Circle Englewood, Colorado 80113 RECITALS RECEIVED 12/9/2013 at 1:14 PM RECEIVING# 974434 BOOK: 825 PAGE: 37 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Ot 37 AMENDMENT AND RATIFICATION OF MORTGAGE, DEED OF TRUST, ASSIGNMENT OF PRODUCTION, SECURITY AGREEMENT AND FINANCING STATEMENT THIS AMENDMENT AND RATIFICATION OF MORTGAGE, DEED OF TRUST, ASSIGNMENT OF PRODUCTION, SECURITY AGREEMENT AND FINANCING STATEMENT (this "Instrument dated as of October 23, 2013, is among ENERGY PROPERTIES 2006 -I, LLC, a Colorado limited liability company "Mortgagor with an address at 1610 Wynkoop Street, Suite 200, Denver, Colorado 80202, BOKF, NA, a national banking association, dba BANK OF OKLAHOMA (the "Bank f /k /a BANK OF OKLAHOMA, NATIONAL ASSOCIATION, with an address at 1625 Broadway, Suite 1100, Denver, Colorado 80202, and THOMAS M. FONCANNON, as Trustee "Trustee with an address at 1625 Broadway, Suite 1100, Denver, Colorado 80202. A. Mortgagor executed and delivered to the Bank and Trustee a Mortgage, Deed of Trust, Assignment of Production, Security Agreement and Financing Statement dated as of February 1, 2008 (the "Mortgage the terms and provisions of which and the description of the real and personal property covered by which are hereby incorporated herein by this reference. The Mortgage was filed and recorded as described in Schedule I attached hereto and made a part hereof. B. For indexing purposes as to any county located in the State of Wyoming, the land descriptions contained in the Mortgage, recorded as set forth in Recital A above, are hereby incorporated herein by reference. Any counterpart hereof to be 0038 recorded in any other county that requires a description of the affected lands to be included shall have attached thereto as Exhibit A a description of any and all lands located in that county that are covered by the Mortgage prior to the execution and delivery of this Instrument. C. Bank of Oklahoma, National Association has changed its name to BOKF, NA dba Bank of Oklahoma. D. Capitalized terms used herein but not defined herein shall have the same meanings as set forth in the Mortgage. E. The parties desire that the Mortgage be amended as more fully described below. AMENDMENT IN CONSIDERATION of the sum of ten dollars ($10.00) in hand paid to Mortgagor and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree that the Mortgage shall be, and is hereby, amended as follows: 1. All references in the Mortgage to "Bank of Oklahoma, National Association" shall be amended to be references to "BOKF, NA dba Bank of Oklahoma 2. For all purposes of the Mortgage, including without limitation for the purpose of giving notices required or permitted pursuant to the terms of the Mortgage, the address of the Bank set forth in the first paragraph of this Instrument shall be substituted for the address of the Bank originally set forth in the Mortgage. 3. The following shall be substituted for the paragraph numbered 1 on page 2 of the Mortgage: 1. The Bank and Mortgagor have entered into a Credit Agreement dated as of October 23, 2013 (herein, as the same may hereafter be amended or modified and in effect from time to time, called the "Loan Agreement pursuant to which the Bank has agreed to make available to Mortgagor a hedging guidance line of credit in the principal amount of $1,000,000, which amount may hereafter be increased to an amount of up to $10,000,000, if the Bank so agrees. To evidence its obligations to the Bank in connection with the above described hedging guidance line of credit under the Loan Agreement, Mortgagor has executed and delivered to the Bank a Promissory Note dated -2 Mortgage, "December Mortgage, "December 4. In line "December 3 31, 2014 5. In lines "December 3 31, 2016 October 23, 2013, payable to the order of the Bank, in the face amount of $10,000,000 (the "Loan Note the Loan Note being payable to the order of the Bank on or before October 23, 2017, and bearing interest at the applicable rate, which rate is based upon the fluctuating prime rate of BOK Financial Corporation (4.0 percent per annum as of October 23, 2013). Ot#39 5 of Section 1.01.e on page 4 of the 1, 2020" shall be substituted for 5 and 6 of Section 1.01.e on page 4 of the 1, 2022" shall be substituted for GRANT Mortgagor hereby, grants, bargains, sells, assigns, transfers, pledges, mortgages and conveys to Trustee and the Bank, and grants to the Bank a security interest in, any and all Mortgaged Property, all upon the terms set forth in the Mortgage, as amended hereby, WITH POWER OF SALE pursuant to the Mortgage, as amended hereby, and applicable law; TO HAVE AND TO HOLD such Mortgaged Property (as defined in the Mortgage, as amended hereby) to Trustee and the Bank and their respective successors and assigns forever, subject to all of the terms, conditions, covenants and agreements set forth in the Mortgage, as amended hereby, for the security and benefit of the Bank. MISCELLANEOUS This Instrument shall bind and inure to the benefit of the respective successors and assigns of Mortgagor, the Bank and Trustee, including without limitation any and all other banks, lending institutions and parties that may participate in the obligations comprising the Indebtedness (as defined in the Mortgage, as amended hereby) or any of them. Mortgagor hereby ratifies, confirms and adopts the Mortgage, as amended hereby. EXECUTED as of the date first above written. ENERGY PROPERTIES 2006 -I, LLC By: Wilbanks Reserve Corporation, its Manager -3- By: mes O. Wilbanks, President STATE OF COLORADO CITY AND COUNTY OF DENVER ©u40 BOKF, NA dba BANK OF OKLAHOMA, f /k /a BANK OF OKLAHOMA, NATIONAL ASSOCIATION By: /$7 s Thomas M. Foncannon, Senior Vice President THOMAS M. FONCANNON, TRUSTEE ss. (Montana) This instrument was acknowledged before me on October ;3j 2013, by James O. Wilbanks, as President of Wilbanks Reserve Corporation, a Colorado corporation, as the Manager of ENERGY PROPERTIES 2006 -I, LLC, a Colorado limited liability company, on behalf of said limited liability company. Given under my hand and official seal. (Colorado, Nebraska, North Dakota, Wyoming) The foregoing instrument was acknowledged before me this 7,1 day of October, 2013, by James O. Wilbanks, as President of Wilbanks Reserve Corporation, a Colorado corporation, as the Manager of ENERGY PROPERTIES 2006 -I, LLC, a Colorado limited liability company, on behalf of said limited liability company. Witness my hand and official seal. (SEAL) ANN E. KING Notary Public State of Colorado My Commission Expires August 04:2016 41A— Notary Rub'lic Residing at: norll\.P)3 Colorado My commission expires: NIu')k, 4 2011 -4- STATE OF COLORADO CITY AND COUNTY OF DENVER (Montana) ss. ©041 This instrument was acknowledged before me on December 6, 2013, by Thomas M. Foncannon, as Senior Vice President of BOKF, NA, a national banking association, dba BANK OF OKLAHOMA, f /k /a BANK OF OKLAHOMA, NATIONAL ASSOCIATION, on behalf of said national banking association, and by THOMAS M. FONCANNON, as Trustee. Given under my hand and official seal. (Colorado, Nebraska, North Dakota, Wyoming) The foregoing instrument was acknowledged before me this 6th day of December, 2013, by Thomas M. Foncannon, as Senior Vice President of BOKF, NA, a national banking association, dba BANK OF OKLAHOMA, f /k /a BANK OF OKLAHOMA, NATIONAL ASSOCIATION, on behalf of said national banking association, and by THOMAS M. FONCANNON, as Trustee. Witness my hand and official seal. JENNIFER FERNANDEZ Notary ID :0084033513 STATE OF COLORADO My Commission Expires 09/25/2016 A- 0A Jennifer na ez, Nary blic Residing a T nton, Col rado My commission expires: September 25, 2016 -5- State Colorado Colorado Colorado Montana Montana Montana Nebraska Nebraska North Dakota North Dakota North Dakota North Dakota Wyoming Wyoming Wyoming Wyoming SCHEDULE I The Mortgage was filed and recorded as follows: county_ Baca Rio Blanco Washington Blaine Richland Roosevelt Hitchcock Red Willow Billings Divide Golden Valley McKenzie Campbell Laramie Lincoln Uinta Filing Date 02/06/08 02/05/08 02/05/08 02/05/08 02/05/08 02/05/08 02/06/08 02/05/08 02/05/08 02/06/08 02/05/08 02/05/08 02/05/08 02/05/08 02/05/08 02/05/08 0u42 Recording Data Book Page #409081 *291360 1007 8 69 Mrtg. 977 210 Mort. 227 #376072 89 Mtgs. 103 Inst. *2008-00168 Doc. #128816 262 153 Doc. #94574 Doc. #375547 2334 Photos 306 2043 1581 685 893 907 752 T. 19 N., R. 113 W. Section 26: NW /4; Section 34: A11. EXHIBIT A LINCOLN COUNTY, WYOMING 0u43