EXHIBIT 4.40
ACKNOWLEDGEMENT
Xxxxxx X. Xxxxxx ("Xxxxxx") and Auramet Trading, LLC, a Delaware limited
liability company ("Auramet"), executed that Agreement for Credit Risk
Participation, dated October 17, 2005 (the "Agreement"). Capitalized terms not
defined herein shall have the meanings given to them in the Agreement.
Xxxxxx hereby acknowledges that, upon receipt of $_________, the Agreement shall
terminate. Xxxxxx also consents to the filing of a Deed of Release and
Reconveyance by Auramet, releasing the security interest evidenced by the Deed
of Trust, upon receipt of the funds referenced in the preceding sentence.
Date: November __, 2005 Xxxxxx:
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Xxxxxx. X. Xxxxxx
