0001294606-12-000013 Sample Contracts

Borrower Agreement
Credit Line Agreement • January 13th, 2012 • Daybreak Oil & Gas Inc • Crude petroleum & natural gas • Utah

A THE BORROWER HAS RECEIVED AND READ A COPY OF THIS BORROWER AGREEMENT, THE ATTACHED CREDIT LINE ACCOUNT APPLICATION AND AGREEMENT (INCLUDING THE CREDIT LINE AGREEMENT FOLLOWING THIS BORROWER AGREEMENT) AND THE LOAN DISCLOSURE STATEMENT EXPLAINING THE RISK FACTORS THAT THE BORROWER SHOULD CONSIDER BEFORE OBTAINING A LOAN SECURED BY THE BORROWER’S SECURITIES ACCOUNT. THE BORROWER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS BORROWER AGREEMENT, AND ALSO AGREES TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THE CREDIT LINE ACCOUNT APPLICATION AND AGREEMENT (INCLUDING THE CREDIT LINE AGREEMENT FOLLOWING THIS BORROWER AGREEMENT) (WHICH TERMS AND CONDITIONS OF EACH ARE INCORPORATED BY REFERENCE) AND ANY AND ALL OTHER DOCUMENTS AND AGREEMENTS ENTERED INTO BY THE BORROWER IN CONNECTION WITH THIS BORROWER AGREEMENT OR THE CREDIT LINE AGREEMENT. CAPITALIZED TERMS USED IN THIS BORROWER AGREEMENT HAVE THE MEANINGS SET FORTH IN THE CREDIT LINE AGREEMENT.

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FORBEARANCE AGREEMENT II
Forbearance Agreement • January 13th, 2012 • Daybreak Oil & Gas Inc • Crude petroleum & natural gas

WHEREAS, Daybreak and Well Works are parties to that certain Forbearance Agreement dated as of October 24, 2011 which contained a “Termination Date” of 11:59 p.m. Houston, Texas time on November 10, 2011; and

FORBEARANCE AGREEMENT
Forbearance Agreement • January 13th, 2012 • Daybreak Oil & Gas Inc • Crude petroleum & natural gas • Utah

This FORBEARANCE AGREEMENT (this “Agreement”), dated as of October 24, 2011, is by and among DAYBREAK OIL AND GAS, INC., a Washington corporation (“Daybreak”) and WELL WORKS, LLC, a Utah limited liability company (“Well Works”).

LOAN EXTENSION AGREEMENT
Loan Extension Agreement • January 13th, 2012 • Daybreak Oil & Gas Inc • Crude petroleum & natural gas

WHEREAS, Daybreak Oil and Gas, Inc.(“Daybreak”) entered into that certain Secured Convertible Promissory Note dated September 17, 2010 with Well Works, LLC (“Well Works”) (“Promissory Note”); and

FORBEARANCE AGREEMENT
Forbearance Agreement • January 13th, 2012 • Daybreak Oil & Gas Inc • Crude petroleum & natural gas • Utah

This FORBEARANCE AGREEMENT (this “Agreement”), dated as of November 11, 2011, is by and among DAYBREAK OIL AND GAS, INC., a Washington corporation (“Daybreak”) and WELL WORKS, LLC, a Utah limited liability company (“Well Works”).

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