COLLATERAL ASSIGNMENT OF ESCROW AGREEMENT AND ESCROW FUNDSCollateral Assignment of Escrow Agreement and Escrow Funds • October 16th, 2008 • America West Resources, Inc. • Bituminous coal & lignite mining
COLLATERAL: All of Debtor=s right, title, interest, claim and demand (but not Debtor=s duties or obligations) in and to the following described contracts and all payments (direct or indirect, whether in cash or otherwise), distributions, and rights to payment of every kind under and by virtue of (i) that certain Escrow and Account Control Agreement dated as of October 9, 2008, by and among the Debtor; and Wells Fargo Bank, National Association (as Escrow Agent), as now or hereafter amended or modified (the “Escrow Agreement”), and (ii) all accounts and general intangibles consisting of, relating to or otherwise arising out of the Escrow Agreement and Debtor’s right, title, interest, or claim (but not Debtor’s duties or obligations) in and to the Escrow Property (as defined therein) and all payments, distributions, and rights to payment of every kind, under and by virtue of the Escrow Agreement.
