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HomeMy WebLinkAbout887299 to MORTGAGE, SECURITY AGREEMENT and ASSIGNMENT RECF_IVED LINuOLN CO JNTY CLERK BOOK WHEREAS, on the 30th day of March, 1999, DOUBLE EAGLE PETROLEUM CO., formerly known as Double Eagle Petroleum and Mining Company, a Maryland Corporation (hereinafter referred to as "Borrower"), entered into a Mortgage, Security Agreement and Assignment (hereinafter referred to as "Mortgage"), with AMEmCAN ENERGY FINANCE, the predecessor in interest to AMEmCAN NATIONAL BANK (hereinafter collectively referred to as "Bank"), which was recorded with the County Clerks where the original lands were located; and WHEREAS, the Mortgage secured a Five Hundred Thousand Dollar ($500,000.00) Line of Credit; and WHEREAS, the Borrower and Bank in a First Addendum to Mortgage, Security Agreement and Assignment date January 4, 2000 expanded the Line of Credit with a new Promissory Note from American National Bank having a maximum amount of Three Million Dollars ($3,000,000.00) or Borrowing Base as established in the Loan Commitment Agreement dated December 2, 1999, whichever is the lessor amount; and WHEREAS, the Borrower and Bank in a Second Addendum to Mortgage, Security Agreement and Assignment dated August 15,2001 established the amount of the Line of Credit at Three Million Dollars ($3,000,000.00) and included additional lands in Fremont, Sublette and Carbon Counties, Wyoming as security for the Line of Credit and assign the secured interest from American Energy Finance to American National Bank; and WHEREAS, the Borrower and Bank in a Third Addendum to Mortgage, Security Agreement and Assignment dated October 10, 2002 increased the amount of the Line of Credit to a maximum amount of Four Million Two Hundred Fifty Thousand Dollars ($4,250,000.00); and WHEREAS, the Borrower and Bank desire to increase the amount of the Line of Credit to a maximum amount of Five Million Two Hundred and Fifty .Thousand Dollars ($5,250,000.00). NOW, THEREFORE, in consideration of the increase of Borrower's Line of Credit, the Borrower and Bank agree as follows: 1. The amount of the Line of Credit in the Mortgage available to Borrower from Bank through a Promissory Note of even date herewith at a Wall Street Journal Prime interest rate shall be amended and increased to a maximum amount of Five Million Two Hundred Fifty Thousand Dollars ($5,250,000.00) and said increased amount of the Line of Credit shall be secured by the interests granted in the Mortgage and Addendums covering the lands described on Exhibit "A". 2. The remainder of the terms and conditions in the original Mortgage shall remain in full force and effect. AGREED t° and accepted the ~"~ ~day of 2o~ ~ ~'- o~ ~x/ , 2003. DOUBLE EAGLE PETROLEUM Co., formerly known as Double Eagle Petroleum and Mining Company By: STI'P}IEN H. HOLLIS, Chief Executive /~ERICAN~NAL BANK D.XLLEN J~FS, ~e President STATE OF WYOMING' ) )ss COUNTY OF NATRONA ) The foregoing instrument was acknowledged before me this o~7 ~d-~day of .~?~.~, ,2003, 'by DOUBLE EAGLE PETROLEUM CO., formerly known as Double Eagle P~et~01~um and Mining Company, by and through its Chief Executive Officer, STEPItEN H. HOLLI$, referred to as the "Borrower" herein, as its free act and deed. Notary- l:;u-blic ' -' ' My Commission expires: My Commission expires: STATE OF WYOMING ) )ss COUNTY OF NATRONA ) The foregoing instrument was acknowledged before me this -~'ff day of a,Z~_ ~, ,2003, by AMEmCA~ NATIONAL BANK, a Wyoming banking corporation, by nd'through Dallen Juelfs, its Vice President, referred to as the "Bank" herein. Notary Public -2- LONG BUTTE UNIT EXHIBIT A MORTGAGE~ SECURITY AGREEMEN% AND ASSIGNMENT Township 38 North, Section 2: Section 3: Section 4: Section 5: Section 6: Section 7: Section 8: Section 9: Section 10: Section 11: · Township 38 North, Section 1: Township 39 North, Section 28: Section 29: Section 30: Section 31 Section 32: Section 33: Township 39 North, Section 25: Section 35: Section 36: Range 91 West, 6~ P.M. All All All All All Lots 1, 2, 5, 6, NE4, E2NW4, NE4SE4 N2, N2S2 N2NW4, SW4NW4, Nw4sW4 NE4NW4, N2NE4, SE4NE4 N2, NE4SW4, N2SE4, SE4SE4 Range 92 West, 6th P.M. Lots 1-11, SW4NE4, SE4NW4, NW4SE4 Range 91 West, 6th P.M. All All Lots 3-8,' E2, E2SW4, SE4NW4 All All All Range 92 West, 6 S2SE4, NE4SE4, SE4SW4 E2SE4, SE4NE4 All Fremont County, Wyoming WALTMAN 21-19 FRENCHIE DRAW Township 36 North, Range 87 West, 6t~ P.M. Section 24: SE4SE4 Section 25: NE4NE4 And any rights accruing from the drill-site spaced unit for the Waltman 21-19 Well. Natrona County, Wyoming Graham Unit #2 Township 37 North, Range 89 West, 6th P.M. Section3: Lots 1-4, S½N½ Natrona County, Wyoming -3- GOVERNMENT BRIDGE WOLF DRAW UNIT JAMES CREEK Township 31 North, Range 82 West, 6th P.M. Section 19, 20, 21, 26 TownshiP 31 North, Range 83 West, 6th P.M. Section 24 Natrona County, Wyoming Township 52 North, Range 68 West, 6th P.M. Section 18: Lots 3, 4, E½SW¼, SE¼ Section 19: Lot 1 T_ownship 52 North, Range 69 West, 6th P.M. Section 13: Lot 16 Section 24: Lot 1 Crook County, Wyoming 227 ROCK ISLAND UNIT Credo Federal #1-6 Township 14 North, Range 103 West, 6th P.M. Section 6: NE¼ Britz Township 15 North, Section 31' Federal # 1 Range 103 West, 6*h P.M. SE¼ Sweetwater County, Wyoming BARREL SPRINGS #4-H Township 19 North, Range 97 West, 6th P.M. Section 4 Sweetwater County, Wyoming MARIANNE FIELD #1-36 Township 16 North, Range 94West, 6th P.M. Section 36 Sweetwater County, Wyoming Anderson 12-1 Township 20 North, Range 103 West, 6th P.M. Section 12: SE¼ Madex 13-1 Township 20 North, Range 103 West, 6th P.M. Section 13: SW¼ -4- WHISKEY BUTTES UNIT WINDMILL (MUDDY) Madex 18-1 Township 20 North, Range 102 West, 6th P.M. Section 18:SW¼ Madex 24-2 Township 20 North, Range 103 West, 6th P.M. ' Section. 24:NW¼ Steve Federal 14-1 Township 20 North, Range 103 West, 6th P.M. Section 14:SE¼ Sweetwater County, Wyoming Township 21 North, Range 111 West, 6th P.M. Section 6:SI/2SW¼ Township 21 North, Range 112 West, 6th P.M. Section 18: E½SW¼, SE¼NE¼ Lincoln County, Wyoming MADDEN UNIT MESA UNIT Raybourn #11-5 Township 50 North, Range 69 West, 6th P.M. Section 5: NW¼NW¼ Campbell County, Wyoming Township 39 North, Range 90 West, 6th P.M. Section 23: SE¼NE¼, E½SW¼, SE¼ Section 24: SW¼NW¼, NW¼SW¼ Section 26: NW¼NE¼, E½NW¼ Fremont County, Wyoming Township 32 North, Range 109 West, 6~h P.M~ Section 5: SW¼SW¼ Section Section Section Section Section Section 6: S½SE¼, SE¼SW¼ 7: NE¼, E½NW¼, N½SE¼ 8: W½NW¼, NW¼SW¼ 9: S½SW¼, SW¼SE¼ 16: W½, NE¼, N½SE¼, SW¼SE¼ 17 SE¼NE¼, NE¼SE¼ Sublette County, Wyoming COW CREEK UNIT Township 16 North, Range 91 West, 6t~ P.M. Section 6: Lot 27, SE¼SW¼ Section 7: Lot 5, 6, 7, 8, E½NW¼, NE¼SW¼ Section 18: Lot 5 -5- Township 16 North, Range 92 West, 6th P.M. Section 1: Section 11: Section 12: Section 13: Section 14: SE¼SE¼ E½SE~A sV2, NEt& E½NW~A, SW¼NW¼ N½, N½SW¼, SE¼SW¼, NW~ASE¼ NE¼NE¼ Carbon County, Wyoming The interest in the Long Butte Unit described on Page 4 of this Exhibit A shall include any and all rights accruing pursuant to ownership in the Long Butte Unit. The interest in the Rock Island Unit described on Page 5 of this Exhibit A shall include any and all rights accruing pursuant to ownership in the Rock Island Unit. The interest in the Wolf Draw Unit described on Page 5 of this Exhibit A shall include any and all rights accruing pursuant to ownership in the Wolf Draw Unit. The interest in the Whiskey Butte Unit described on Page 6 of this Exhibit A shall include any and all rights accruing pursuant to ownershiP in the Whiskey Butte Unit. o The interest in the Madden Unit described on Page 6 of this Exhibit A shall include any and all rights accruing pursuant to ownership in the Madden Unit. o The interest in the Mesa Unit described on Page 6 of this Exhibit A shall include any and all rights accruing pursuant to ownership in the Mesa Unit. The interest in the Cow Creek Unit described on Page 6 and 7 of this Exhibit A shall include any and all rights accruing pursuant to ownership in the Cow Creek Unit. o The interests included in the wells and fields described on this Exhibit A in the Waltman 21- 19, James Creek and Marianne leases shall include any and all rights accruing pursuant to ownership in these leases. This Exhibit A has been provided by Double Eagle Petroleum Co., formerly known as Double Eagle Petroleum and Mining Company with the intent of providing collateral for the attached mortgage. American National Bank has relied on the accuracy and completeness of the legal descriptions provided above. If the entire interest owned by Double Eagle Petroleum Co., formerly known as Double Eagle Petroleum and Mining Company in any of the wells, fields and units included in this Exhibit A is found to be in error, it is the intent of the parties hereto to include all interests owned by Double Eagle Petroleum Co., formerly known as Double Eagle Petroleum and Mining Company as a part of the collateral. -6-