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Home My WebLink About875050>J't~r R~co~ding, Return to: Blackburn a Stoll, L.C. 77 West 200 South, Suite Salt Lake City, UT 84101-1609 RELEASE AND SATISFACTION OF LIENS RELEASE AND SATISFACTION OF LIENS, dated as ofthe,,,;~.,-day of 2001, made by the UNITED STATES OF AMERICA (the "Governmeni"), acting t]u~6ugh the Administrator of the Rural Utilities Service (the "Administration"), and the RURAL TELEPHONE BANK, a corporation existing under the laws of the United States of America (the "Bank"), acting through the Governor of the Bank (the "Governor"), to All West Communications, In~. (the "Company"). WHEREAS, to evidence loans made to the Company by the Government and the Bank, pursuant to the Rural Electrification Act of 1936, as amended (the "Act"), the Company, or its predecessors, Kamas-Woodland Telephone Company, Utah-Wyoming Telephoiie Company or Cokeville Telephone Company, ha's executed and delivered certain mortgage notes, all payable to the order of the Government and the Bank, of which certain mortgage notes (the "Outstanding Notes") more specifically identified in Appendix A attached hereto; and WHEREAS, the Company, or its predecessors, Kamas-Woodland Telephone Company, Utah-Wyoming Telephone Company, Utah-Wyoming Telecom or Cokeville Telephone Company, to secure the Outstanding notes, has executed and delivered to the Government and the Bank certain security instrument(s) (the i"Security Instruments") more specifically identified in Appendix B attached hereto; and WHEREAS, the Security Instruments have been recorded as real' estate mortgages or filed as financing statements in certain public offices of the State of Wyoming, including, but not limited to, those more specifically set forth in Appendix C attached hereto; and WtlEREAS, the Secm'ity Instruments have created liens upon, or othmwvise affected, all and singular the real and personal property described in the Security instruments as being mortgaged thereby and all and singular the real and personal property of the Company fhlling within the classes of property embraced in the description of the "Mortgaged Property" set forth in the Security Instruments, including, without limitation, certain types of parcels of real estate (the "Mortgaged Real Property") more specifically described in ,Appendix D attached hereto; and WHEREAS, the Company has prepaid to the Government and the Bank, all outstanding indebtedness evidenced by the Outstanding Notes, including, but not limited to, principal, accrued interests and prepayment premiums, and the Government and the Bank have accepted satisfaction of the outstanding indebtedness evidenced by the Outstanding Notes; and WHEREAS, the Company has requested that the Government and the Bank release and discharge of record any and all rights, title, liens and interests of the Government and the Bank in the Security Instruments. NOW, T}-~REFO~, the Government and the Bank do hereby RELEASE ~ D ISCH~GE OF RECORD any and all rights, title, liens and interests oFthe Government and the Bank in the Security Instruments and directs that the satisfaction thereof be entered of record.. ' The e~bct of this Release shall be that any and all rights, title, liens, and interests of the Government and the Bank securing the payment of the Outstanding Notes, whether recorded or filed or not, are hereby released, and it is the intention of the Government and the Bank that all sucll rights, title, liens and interests of the Government and the Bank be discharged of record. This Release is made by the Government and the Bank and accepted by the Company without covenant or warranty, express or implied, at law or in equity, and without recourse to the Government and the Bank, in any event or in any contingency. 1N WIT~SS WHEREOF, the Government and the Bank have caused ,ttfis instrument to be duly executed in their behal[ as holders of the Outstanding Notes, all as of the day and year first above written. UNITED STATES OF AME~CA, and R[~AL TELEPHONE BA~, respectively, by : ~ as ' :' ~. ' and as Governor of the Rural Telephone Bank Executed by the United States of America and the Em'al Telephone Bank as Mortgagee, in the presence of: 2 DISTRICT OF COLUMBIA ) ss On thi . day of ,2001, before me appeared I~hl B. CH,~NDLE~ to me personally known, who, b;~ ~e ~uly sworn, did say that he is the Administrato--~;i't-h~ Rural Utilities Service, and that said instrument was signed in behal£ of the United States of America by authority of law duly given and, that the seal affixed to said instrument is te corporate seal of the Rural Telephone Bank and that said instrument was signed and sealed on behalf of said corporation by authority of its board of directors, and said acknowledged said instrument to be the free act and deed of said United States of America and the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto setj~y hand and official sea~. Notary Public (Notarial Seal) My commission expires: SHE/IA M. VALLOT APPENO~X ^ ~ , .,. ,... MORTGAGE NOTES ]?he folllowing Mortgage Notes, payable to the order of the Government: Note Designation Date of Note Face Amount Executed_B_B_x TP-1 (UT 507-A#2) 05-01-63 $345,000 Kamas-Woodland Telephone TP-1 (Wyo 513-B5) 03-31-73 $245,700 Cokeville Telephone Co. TP-1 (UT 510-A5) 05-09-73 $607,950 Utah-Wyoming Telephone TP-I(Wyo 513-C5) 07-i3-74 $157,500 Cokeville Telephone Co. TP-I(UT 510-B5) 03-19-75 $324,450 Utah-Wyoming Telephone TP-I(UT 507-B7) 03-10-83 $389,550 Kamas-Woodland Telephone TP1/TA1 (Ut 507-B4) 03-10-83 $4,888,000 Kamas-Woodland Telephone TP1/TA1 (UT 512-A5) 06-16-86 $3,168,900 Utah-Wyoming Telecom 4 APPENDIX B 02,5 SECURITY INSTRUMENTS 1. Mortgage executed by Cokeville Telephone Company, as Mortgagor in favor of United States of America, acting through Rural Electrification Administration, as Mortgagee, in the amount of $40,000.00, dated February 4, 1957 2. Mortgage and Security Agreement executed by Utah-Wyoming Telephone, as Mortgagor in favor of United States of America, acting through Administrator of the Rural ',Electrification Administration and Rural Telephone Bank, as Mortgagee, in the amounts of $416,00000, $70,000.00, $932,000.00, and $403,000.00, plus interest, dated February 26, 1985. 3. REA Project Designation, Restated Mortgage, Security Agreement and Financing Statement executed by All West Communications, Inc., as Mortgagor, in favor of United States of America, acting through Administrator of the Rural Electrification Administration, and Rural Telephone Bank, as Mor, tgagee. 4. UCCc1 FINANCING STATEMENT Wyoming Secretary of State Secured Party: United States of America, Rural Electrification Administration and Rural Telephone Bank Debtor: Utah'-Wyoming Telecom Date: March 3, 1986 5. UCC -1 FINANCING STATEMENT UCC Wyoming Secretary of State Secured Party: United States of America, Rural Electrification Administration and Rural Telephone Bank Date: 2-16-93 08 ?50,5O :' APPENDIX C 0 RECORDATION DATA FOR SECURITY INSTR-UMENTS 1. Mortgage executed by Cokeville Telephone Company, as Mortgagor in favor of United States of America, acting through Rural Electrification Administration, as Mortgagee, in the amount of $40,000.00, dated February 4, 1957, recorded March 5, 1957, Book 21 P.R., Page 176: Supplemental Mortgage to the United States of America, acting through Rural Electrification Administration, dated March 31, 1973, Book 105 P.R, Page 88 office of the Lincoln Count~ Recorder, Wyoming. 2. Mortgage and Security Agreement executed by Utah-Wyoming Telephone, as Mortgagor in favor of United States of AmeriCa, acting through Administrator of the Rural Electrification Administration and Rural Telephone Bank, as Mortgagee, in the amounts of $416,000.00, $70,000.00, $932,000.00, and $403,000.00, plus interest, dated February 26, 1985, recorded February 28, 1985, Book 236 P.R., Page 118. Amendment to Mortgage rae..corded December 19, 1986, Book 245 P.R, Page 706 office of the Lincoln Country Recorder, Wyoming. 3. REA Project Designationl Restated Mortgage, Security Agreement and Financing Statement executed by All West Communications, Inc., as Mortgagor,' in favor of United States of America, acting through Administrator of the Rural Electrification Administration, and Rural Telephone Bank, as Mortg~a,..g_ee, recorded February 11, 1993, Book 324 P.R., Page 299 office of the Lincoln Country Recorder, Wyoming. 4. UCC-I FINANCING STATEMENT Wyoming Secretary of State Secured Party: United States of America, Rural Electrification Administration and Rural Telephone Bank Debtor: Utah-Wyoming Telecom ID No.: 00083731A00 Old ID No.: 08373 Date Filed: March 3, 1986 5. UCC -1 FINANCING STATEMENT UCC Wyoming Secretary of State Secured Party: United States of America, Rural Electrification Administration and Rural Telephone Bank File ID No: 93047163C06 Filing Date: 2-16-93. APPENDIX D MORTGAGED REAL PROPERTY The following described tract of land in Lincoln County, Wyoming: The Westerly One Hundred Thirty Feet (130') of the Lot Numbered Two (2), Block I of the Stoner-Kinney First Addition to the Town of Cokevitle, Lincoln County, Wyoming. 7