DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT AND FINANCING STATEMENT (NorthCut – File In Converse County, Wyoming)Deed of Trust, Assignment of Rents and Leases, Security Agreement and Financing Statement • July 8th, 2008 • Interline Resources Corp • Crude petroleum & natural gas • Wyoming
THIS DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT AND FINANCING STATEMENT (this “Deed of Trust”) is made this _____ day of ______________________, 2007, by NorthCut Refining, LLC, a Wyoming limited liability company, whose address for notice is 160 West Canyon Crest, Alpine, Utah, 84004 (“Grantor”), and Private Capital Group, a Utah corporation, serving as agent for Participants, whose address for notice is 486 West 50th North, American Fork, Utah, 84003, as grantee, beneficiary, assignee and secured party (together with its successors and assigns) (“Lender” or “Grantee”).
GUARANTY AGREEMENT (Interline)Guaranty Agreement • July 8th, 2008 • Interline Resources Corp • Crude petroleum & natural gas
This Guaranty Agreement (this “Guaranty”) is made as of the ____ day of September, 2007, by Interline Resources Corporation, a Utah corporation, (“Guarantor”), in favor of Private Capital Group, Inc., a Utah corporation, as servicing agent for loan Participants (together with its successors and assigns “Lender”).
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • July 8th, 2008 • Interline Resources Corp • Crude petroleum & natural gas • Wyoming
This Agreement, which is dated as of ____________________, 2007, is executed by NorthCut Refining, LLC, a Wyoming limited liability company (“Borrower”) and Interline Resources Corporation, a Utah corporation (whether one or more, the “Guarantor”; the Borrower and the Guarantor being hereafter sometimes referred to individually as an “Obligor” and collectively as the “Obligors”) as a condition to, and to induce Private Capital Group, Inc., a Utah corporation as serving agent for the Participants in the Loan existing or hereafter participating (“Lender”) to make, a loan (the “Loan”) to Borrower evidenced or to be evidenced by a Note dated September ___, 2007 made by Borrower payable to the order of Lender in the principal face amount of $11,500,000, which Loan is secured or to be secured by a Deed of Trust, Assignment of Rents and Leases, Security Agreement and Financing Statement (the “Deed of Trust”) dated September ___, 2007, encumbering certain real and personal property as therein
LOAN AGREEMENTConstruction Loan Agreement • July 8th, 2008 • Interline Resources Corp • Crude petroleum & natural gas • Utah
Draw Request. A “Draw Request” means a properly completed and executed written application by Borrower to Lender in the form of Exhibit “F-1” (or in another form approved by Lender) setting forth the amount of Loan proceeds desired, together with such schedules, affidavits, releases, waivers, statements, invoices, bills, and other documents, certificates and information required by Lender. At least five (5) business days before the requested date of each advance, Borrower shall deliver a Draw Request to Lender. Borrower shall be entitled to an advance only in an amount approved by Lender in accordance with the terms of this Agreement and the Loan Documents. Lender shall not be required to make advances more frequently than twice each calendar month. Lender shall, only upon the satisfaction of all applicable conditions of this Agreement and the Loan Documents, make the requested advance to Borrower on a business day within five (5) business days after such satisfaction. Each Draw Reques
FIRST AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT AND FINANCING STATEMENT (Interline – file in Niobrara County, Wyoming)Deed of Trust, Assignment of Rents and Leases, Security Agreement and Financing Statement • July 8th, 2008 • Interline Resources Corp • Crude petroleum & natural gas
THIS FIRST AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT AND FINANCING STATEMENT (“Amendment”) is made and entered into as of the 29th day of April 2008, by and between INTERLINE RESOURCES CORPORATION, a Utah corporation, whose address for notice is 160 West Canyon Crest, Alpine, Utah 84004 (“Grantor”) and PRIVATE CAPITAL GROUP, INC., a Utah corporation, serving as agent for Participants, whose address for notice is 486 West 50th North, American Fork, Utah 84003, as “Grantee,” beneficiary, assignee and secured party (together with successors and assigns “Lender” or “Grantee”), for the purpose of amending in part the Deed of Trust, Assignment of Rents and Leases, Security Agreement and Financing Statement (the “Original Deed of Trust”) dated as of September 7, 2007 by and between Grantor and Lender for the purpose of securing a loan from Lender to NORTHCUT REFINING LLC, a Wyoming, limited liability company (“Borrower”). The Deed of Trust was recorded wit
