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HomeMy WebLinkAbout975677Prepared by: Julie H. Cooper Vinson Elkins L.L.P. 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201 KNOW ALL MEN BY THESE PRESENTS: 1928205v.1 BAN 177/13010 975677 3/24/2014 10:35 AM LINCOLN COUNTY FEES: $18.00 PAGE 1 OF 3 BOOK: 829 PAGE: 428 MTG, RELEASE OF JEANNE WAGNER LINCOLN COUNTY CLERK 11111111111111111111111111111 II 11 I IIIIIII Iilll I III IIIIIIII 11111 IIIIIII RELEASE OF MORTGAGE [SIGNATURE PAGE FOLLOWS] WHEREAS, Bank of America, N.A., a national banking association (hereinafter referred to as the "Mortgagee as Administrative Agent under and as defined in that certain Credit Agreement (as amended the "Credit Agreement dated as of May 9, 2008, by and among Black Diamond Minerals, LLC, a Delaware limited liability company (the "Mortgagor the Mortgagee and the financial institutions a party thereto, as Banks (the "Banks is the present holder of the mortgages, deed of trusts, security agreements, financing statements and assignments of production described on Exhibit A attached hereto and made a part hereof for all purposes (as amended, the "Mortgages which Mortgages secure, among other things, the revolving loans made by the Banks under and pursuant to the Credit Agreement; and WHEREAS, the Mortgages encumber all of the Mortgagor's right, title and interest in and to certain real and personal property more particularly described therein; and WHEREAS, the Mortgagor has requested that the Mortgagee release the Mortgages and all liens, security interests and other rights created thereby; and WHEREAS, pursuant to the terms of the Mortgages and the documents evidencing the indebtedness secured by the Mortgages, the Mortgagee has full authority to release the Mortgages without necessity of joinder of the Trustee (as applicable) under the Mortgages or any other party. NOW, THEREFORE, for sufficient consideration received, the Mortgagee hereby forever releases, discharges, terminates and quitclaims the Mortgages and all liens, security interests, assignments and other rights evidenced by such Mortgages. EXECUTED as of this 1 day of June, 2013. COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK My Commission Expires: LK it L)/ BANK OF A as Administr By: [SIGNATURE PAGE TO RELEASE OF MORTGAGES] RIC tive Ag Jeffrey R. hkamp Managi g rector N.A., nt for the Banks Personally appeared before me, the undersigned authority in and for the said county and state, on this 14 day of June, 2013, within my jurisdiction, the within named Jeffrey H. Rathkamp, who acknowledged that he is a Managing Director of Bank of America, N.A., a national banking association, and that for and on behalf of said national banking association as its act and deed, he executed the above and foregoing instrument, after first having been duly authorized by said national banking association to do so. GIVEN under my hand this 7 day of June, 2013. //14(c.Aw Itt Agia. NOTARY PUBLIC CHRISTINE M. DI MARZIO Notary Pubic. Commonweann of Maswchusetls My Commission F.xylres July 18, 2019 EXHIBIT A Mort h a e Deed of Trust Securit A reement Financin Statement and Assi nment of Production dated as of May 9, 2008, executed by Black Diamond Minerals, LLC, as Mortgagor, in favor of Bank of America, N.A., as Administrative Agent, as Mortgagee, recorded as follows: In each case as amended by that certain Amendment to and Ratification of Mortgage, Deed of Trust, Security Agreement, Financing Statement and Assignment of Production dated as of July 27, 2011, executed by Black Diamond Minerals, LLC, as Mortgagor, in favor of Bank of America, N.A., as Administrative Agent, as Mortgagee, recorded as follows: Jurisdiction Lincoln County, Wyoming Niobrara County, Wyoming Sublette County, Wyoming Sweetwater County, Wyoming Recording Data Date Recorded File No. 965781, Book 790, Page 257 Document No. 413137, Book 459, Page 571 File No. 361796, Book 148, Page 8 File No. 1620470, Bk 1196, Page 2224 July 27, 2012 July 27, 2012 July 27, 2012 August 7, 2012 1928205v.1 BAN 177 /13010 A -1 Jurisdiction Recording Data Date Recorded Lincoln County, Wyoming File No. 939426, Book 696, Pagel June 2, 2008 Niobrara County, Wyoming File No. 399795, in Book 437, Page 692 and File No. 402589, in Book 441, Page 1 June 5, 2008 and re- recorded on April 16, 2009 Sublette County, Wyoming File No. 336071, O &G Book 137, Page 739 June 3, 2008 Sweetwater County, Wyoming File No. 1535705, Book 1122, Page 0641 June 13, 2008 EXHIBIT A Mort h a e Deed of Trust Securit A reement Financin Statement and Assi nment of Production dated as of May 9, 2008, executed by Black Diamond Minerals, LLC, as Mortgagor, in favor of Bank of America, N.A., as Administrative Agent, as Mortgagee, recorded as follows: In each case as amended by that certain Amendment to and Ratification of Mortgage, Deed of Trust, Security Agreement, Financing Statement and Assignment of Production dated as of July 27, 2011, executed by Black Diamond Minerals, LLC, as Mortgagor, in favor of Bank of America, N.A., as Administrative Agent, as Mortgagee, recorded as follows: Jurisdiction Lincoln County, Wyoming Niobrara County, Wyoming Sublette County, Wyoming Sweetwater County, Wyoming Recording Data Date Recorded File No. 965781, Book 790, Page 257 Document No. 413137, Book 459, Page 571 File No. 361796, Book 148, Page 8 File No. 1620470, Bk 1196, Page 2224 July 27, 2012 July 27, 2012 July 27, 2012 August 7, 2012 1928205v.1 BAN 177 /13010 A -1