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HomeMy WebLinkAbout877971 ' COMPASS BANK ("~") is the present legal and equitable owner and certain indebtedness owing by CHOCTAW II OIL & GAS, LTD. ( Choctaw ) as emderfce~t that certain promissory note (the "Compass Note") dated as of March 31, 2000 in the original principal amount of $50,000,000 executed by Choctaw payable to the order of Compass. The proceeds of such indebtedness were used, in part, to refinance certain indebtedness previously owing by Choctaw to The Chase Manhattan Bank ("Chase") (successor in interest to Texas Commerce Bank National Association and Chase Bank of Texas, National Association) as evidenced by that certain promissory note (the "Chase Note") dated as of March 1, 1996 in the original principal amount of $12,000,000 executed by Choctaw payable to thee order of Chase and, in connection therewith, Chase assigned to Compass all of its rights, titles and interests in and to the Chase Note, together with all of its rights, titles and interests in and to any and all liens and security interests securing the Chase Note. Choctaw has now teridered to Compass payment in full of the Compass Note and has requested a -full release of all liens and .security interests securing payment of the Compass Note, whether executed directly in favor of Compass .or originally executed in ..favor of Chase and thereafter assigned by Chase to Compass. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Compass does hereby RELEASE and DISCHARGE each and every lien and security interest securing payment of the Compass Note, whether executed directly in favor of Compass or originally executed in favor of Chase and thereafter assigned by Chase to Compass, including without limitation the liens and security interests filed in the jurisdictions described on .Exhibit A hereto covering and upon, among other properties, the properties described on Exhibit B hereto. EXECUTED this ~ay of November, 2001. COMPASS BANK Name' Dorothy gt[rchand Title: Senior Vice President *4. HOIJSTON:014020/00135:683897vl LINCOLN COUN'fY, WYOMING JP MORGAN CHASE BANK (successor in interest to The Chase Manhattan Bank) hereby joins in this Release for, the purpose of releasing any interests that, under applicable filings with respect to any liens or security interests which were granted as security for the Chase Note, it may be shown as having in and to such liens and security interests and for the purpose of acknowledging that it has heretofore assigned to Compass all of its rights, titles and interests in and to all such liens and security interests. JP MORGAN CHASE BANK (successor in interest to The Chase M~l.a, ttan Bank) By: . . Name: :.: Title: ~,r,,- HOUSTON:014020/00135:683897v I THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on November__.,19th 2001, by DORUDtY E. MARCHAND, SENIOR V.P. of Compass Bank, an Alabama state chartered banking institution, on behalf of said banking institution../'" ELaN ~/~'~K~ ~ Notary Public in and for the State of Texas NOTARY pUBLIC [ Printed Name: ~,TAN WATKINS ,State of Texa.~ ~, My commission expires: ', 6/15/2004 Corem Exp 06-15-2004][ HOUSTON:014020/00B5:683897v I TITE STATE OF TEXAS § COUNTY OF HARRIS § ,,~ Thisr, --instrument was acknowledged before me on November ~(-'), 2001, by fl.6.~r'~,_ , k/go '~.?)4~ of JP MORGAN CHASE BANK, a New York banking corporation, on behalf of said banking corporation. 4 I~'*~/~'/ NOTARY PUBLIC; ~ Notary Public in and for the State of Texas ~ ~_,k/k,,lJ~$ STATE OFTEXAS r Printed Name: I ~- Myg0mm. Exp. 7-12-~2005__~ My commission expires:', 4 HOUSTON:014020/00135:683897vl Mo rtgage, Assignment of Produ trion, S ecu rity Agreement and Fina ncing S tat ement dated I)ecember 30, 1992, between Choctaw II Oil & Gas, Ltd. and Texas Commerce Bank National Association Colorado: MoftTat County Mortgage: Book 662, Page 9'15 Financing Statement: Book 662, Page 957 Washington County Mortgage: Boo'k 921, Page 748 Financing Statement: Book 92.t, Page 789 Montana: Fallon County Mortgage: Book 56, Page 284 Financing Statement: N'o. 62709 Richlanct County Mortgage: Book B 139, Page 806 Financing Statement: No. 2'1 l 13 Roosevelt County Mortgage: Book 5,18, Page 554 Financing Statement: No. 15128 North l)akota Billings County Mortgage: Book: 76, Page 345 Financing Statement: No. 93-0003033'~0 Bowman County Mortgage: Document No. 134383 Financing Statement: No. 93-000304083 Dunu County Mortgage: Book '112, Pa~e 336 ~qnancing Statement: No. 93-000303774 McKenzie C0unl:y Mortgage: Document No. 3 15629 Financing Statement: No. 93 ~000304051 Williams County Mortgage: Document :No. 54785 l Financing S ta:tement: N0.93.-000303763 W.~°m~ Book 1223, Page '18 Campbell County Mortgage: Financing Sta:tement: Book 1223, ]?age 87 Carbon County 'Mortgage: Book 892, Page 52 Financing Statement: Book 892, Page 105 Converse County Mortgage: Book 1029, Page 584 Financing Statement: Book 1029, Page 629 Lincoln County Mo~q. gage: Book 322PR, Page 522 Financing Statement: Book 322PR, Page 671 Nat~ ona County Mortgage: Document No. 518435 Financing Statement: 'Document No. 519166 Sweetwater County i,ior'tgage: Book 834, Page 366 Financing Statement: Book 834, Page 417 Uinta County Mortgage: Book 608, Page 560 Financin.g Stalement: Book. 609, Page 207 Mortgage, Assignment ol"['rochmtion,' Security Agreement and Fhmncing Stalcment dated March 1, 1996, between Choctaw II Oil & Gas, Lid. and Texas Commerce Bank National Association. Colorado: Mcffat County Mortgage: Book 1996L, Page 1731 ~ Financing Statement: Book 1996U, Page 205 Washington County Morlgage: Book 939, Page 69'] Financing Statement: Book 939, Page 755 ~[ontalia: 5Fa]Ion County Mortgage: Book 6 ], Page 373 Financing Statement: Book 431, Page 61 Richland Cotmty Mortgage: Book B 149, Page 466 Financing Statement: No,'21533 Roosevelt County Mortgage: Book B 572, Page 127 Financing Statement: No. 15414 North iDakota: Billings County Mortgage: Volmne 83, Page 54.7 Financing Statement: No. 97-000705281 Bowman County Mortgage: Document No. 1.44642 Financing Statement: No. 97-000705334 Bm-ke County Mortgage: Book: 169, Page 17 Financing Statement: None Divide County Mortgage: Book 210M,Page 59 Fi.nancing Statement: None Dunn County Mortgage: Book 120, Page 559 Financing Statement: No. 96-000596111 No. 9%000704980 M-¢Kenzie County Mortgage: 5Document 'Nc). 324 83 8 Financing Statement: Document: No, 324 83 8 Williams County Mortgage: Document No.' 564446 Financing Statement: No. 96-000596194 fO~!: ' ~, ~?"~' EXHIBIT "A" Mortgage, Assignment of Prodtlction, Security Agreement and Financing Statement dated March 1; 1996, between Cboe:taw Ii1 Oil & Gas, Ltd. and Texas Commerce [lank National Association. Campbell Count:y Mortgage: Book 138 l, Page 1.04 · Financfing Statement: I/U198 112, Book 516, Page 96 ~ And Book 1381, Page 57 Carbon County Mortgage: Book 929, Page 119 Financing Statement: Book 929, Page 120 Converse County Mortgage: Book 1094, Page 254 Financing Statement: //818071 Lincoln Cotmty Mortgage: Book 382, ]?age 769 Financing Statement: None Natrona Cotmty Morlgage: Instrument No. 578309 Financing Statement: Instrument No. 578310 Swee~twaler County Mortgage: Book 874, Page 1299 Financing Statement: U22,1057' Uint:a Cotmty Mortgage: Book 66~I, Page 147 Financing Statement: Book 684, Page 218 EXHIBIT "A" Modification Agreement dated March 1., 1999, between Choctaw II ()il & Gas, Ltd. and Chase Bank of Texas, National Association. Colorado: ,Moffat County Book 1999L, Page 1418 Washington County' Book 956, Page 442 Weld County Document No. 2689320 Monl'ana: Fallon County Book 144, Page 147 Richland Couaty Book B-i 59, Page 903 ll. ooseve!!. Cotmty Book. 595, ]?age 434 North Dakota: Billings County Book 87, Page 247 B own'mn County Documenl No. 152332 Burke County Book 169, Page 17 Divide County -' Book 210--M, Page 59 Dtmn C~ounty Document: 'No. 3001536 McK. enzie County Document No. 334850 Williams County Document No. 585958 Campbell County Book 1536, Page 614 Carbon County Book 969, Page 205 Converse County Book. ] 145, Page 168 Laramie County Book: 1516, iPage 1529 Lincoln Co'unty Book 428, Page 371 Natrona County Instrument No. 632540 Niobrara County Book 398, Page 450 Sublette County Book 111, Page 1 Sweetwater County Book 914, Page 59,'1 Uinta County Book 714, Page 183 Weston County Book 239, Page 276 Mortgage, Assignment of Productioa., Security Agreement and Financing Statemenl ctaled March 31~ 2000, between Choctaw ili Oil & Gas, I_,~d. and Compass Bank. Colorado: Washington County Mortgage: Book 962, page 17,1, Document No. 820013 Financing Statement: Book 962, Page 173, Document No. 8200112 Montana: Richland County Mortgage: Book 'BI 64, Page 1 Financing Statement: No. 501456 R oosevek County Mortgage: Book 598, Page 360 Financing Statement: No. 15676 Sheridan County Mortgage: Film 596, Exp. 319 Financing Statement: Fihn 596, Exp.' 358 North Dakota: McK. enzie County Mortgage: Document No. 336835 Financing Statement: Document No. 33683d Williams Cotmty Mortgage: Document No. 590682 Financing Statement: Document No. 59068'1 Wymnii[,~. Carbon County M'ortgage: Book 986, Page 48, Document 'No. 889201 , Financing Statement: Book 986, ])age 47, Document No. 889200