Common use of Acceptance by Agent Clause in Contracts

Acceptance by Agent. In accordance with the provisions of Louisiana Civil Code article 3289, Agent has accepted the benefits of the Mortgage without the necessity of execution by Agent. Houston 3941837v.4 THUS DONE AND PASSED this 14th day of April, 2009, to be effective, however, as of April 14, 2009 (the “Effective Date”), in my presence and in the presence of the undersigned competent witnesses who hereunto sign their names with Mortgagor and me, Notary, after reading of the whole. WITNESSES: ST. ▇▇▇▇ ▇▇▇▇ & EXPLORATION COMPANY Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ /s/ SERGIL VMOYRADOV Senior Vice President and General Counsel Name: Sergil Vmoyradov NOTARY PUBLIC The address and tax identification number of the Company is: 1776 Lincoln Street, Suite 1100 ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (▇▇▇▇▇▇ ▇▇▇▇▇▇) Taxpayer I.D. No. 41-05 18430 The address of Agent is: ▇▇▇▇ ▇. ▇▇ ▇▇▇▇▇▇ Blvd., Charlotte, North Carolina 28262 The address of Trustee is: ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 2255 Houston, Texas 77002 Signature Page to Deed of Trust, Mortgage, Line of Credit Mortgage Assignment, Security Agreement, Fixture Filing and Financing Statement STATE OF TEXAS § § COUNTY OF ▇▇▇▇▇▇ § BE IT REMEMBERED THAT I, the undersigned authority, a notary public duly qualified, commissioned, sworn and acting in and for the county and state aforesaid, and being authorized in such county and state to take acknowledgments, hereby certify that, on this __ day of April, 2009, THERE personally appeared before me: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Senior Vice President and General Counsel of St. ▇▇▇▇ ▇▇▇▇ & Exploration Company, a Delaware corporation, known to me to be such officer, such corporation being a party to the foregoing instrument. COLORADO, LOUISIANA, MONTANA, NEVADA, NEW MEXICO, NORTH DAKOTA, OKLAHOMA, SOUTH DAKOTA, TEXAS, UTAH and WYOMING The foregoing instrument was acknowledged before me on this day, by such person, the above designated officer of the corporation specified following such person’s name, on behalf of said corporation. On this date before me, the undersigned authority, personally came and appeared such person, to me personally known and known by me to be the person whose genuine sign ature is affixed to the foregoing document as the above designated officer of the corporation specified following such and person’s name, who signed said document before me, and who acknowledged, in my presence, that he signed the above and foregoing document as his own free act and deed on behalf of such corporation by authority of its board of directors and as the free act and deed of such corporation and for the uses and purposes therein set forth and apparent. This instrument was acknowledged before me on this day, by such person, the above designated officer of the corporation specified following such person’s name, on behalf of said corporation.

Acceptance by Agent. In accordance with the provisions of -------------------- Louisiana Civil Code article 3289, Agent has accepted the benefits of the Mortgage without the necessity of execution by Agent. Houston 3941837v.4 THUS DONE AND PASSED this 14th 16th day of April, 20092003, to be effective, however, as of April 1416th, 2009 (the “Effective Date”)2003, in my presence and in the presence of the undersigned competent witnesses who hereunto sign their names with Mortgagor and me, Notary, after reading of the whole. WITNESSES: ST. ▇▇▇▇ ▇▇▇▇ MARY LAND & EXPLORATION COMPANY Name: ▇▇▇▇▇ ▇▇/s/ BRANDY A. BROOKS C▇▇▇▇▇▇ ---------------------------- ▇▇▇▇: ▇▇andy A. Brooks By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ PHARO --------------------------------- Milam Randolph Pharo /s/ KAREN M. POLLY ▇▇▇▇ ▇▇▇▇▇▇▇▇t - ▇▇nd & ▇▇▇▇▇ ---------------------------- Name: Karen M. Polly /s/ JAMES C. ROBERTSO▇ ----------------------------------------- NOTARY PUBLIC The address and tax identification number of Parent are: 1776 Lincoln Street, Suite 1100 Denver, Colorado 80203 (Denver Coun▇▇) ▇▇▇▇▇▇▇▇ ▇.▇. ▇▇. ▇▇-▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇nt is: 201 South College Street 8th Floor NC 0680 Charlotte, NC 28288 The ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ /s/ SERGIL VMOYRADOV Senior Vice President and General Counsel Name: Sergil Vmoyradov NOTARY PUBLIC The address and tax identification number of the Company is: 1776 Lincoln Street, Suite 1100 ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (▇▇▇▇▇▇ ▇▇▇▇▇▇) Taxpayer I.D. No. 41-05 18430 The address of Agent is: ▇▇▇▇ ▇. ▇▇ ▇▇▇▇▇▇ Blvd., Charlotte, North Carolina 28262 The address of Trustee is: ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇osky 1▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 2255 Houston, Texas 77002 Signature Page to Deed ▇▇▇ ▇▇▇▇▇ ▇▇▇r▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ of TrustUtah 3300 East 400 South Salt Lake City, MortgageUtah 84111 This instrument pre▇▇▇▇▇ ▇▇: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ▇.▇.P. 1001 Fannin, Line of Credit Mortgage AssignmentSuite 2300 Hous▇▇▇, Security Agreement, Fixture Filing and Financing Statement STATE OF TEXAS § § COUNTY ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ OF ▇▇▇▇▇▇ § ADO ▇▇. ss. COUNTY OF DENVER ss. BE IT REMEMBERED THAT I, the undersigned authority, a notary public duly qualified, commissioned, sworn and acting in and for the county and state aforesaid, and being authorized in such county and state to take acknowledgments, hereby certify that, on this __ 16th day of April, 20092003, THERE personally appeared before me: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇Milam Randolph Pharo, Senior the Vice President and General Counsel - Land & Legal of St. ▇▇▇Mar▇ ▇▇▇▇ & Exploration ▇▇▇▇o▇▇▇▇▇n Company, a Delaware corporation, known to me to be ▇▇ ▇▇ ▇▇ such officer, such corporation being a party to the foregoing instrument. COLORADO, LOUISIANA, MONTANA, NEVADA, NEW MEXICO, NORTH DAKOTA, OKLAHOMA, SOUTH DAKOTA, TEXAS, UTAH and WYOMING The foregoing instrument was acknowledged before me on this MEXICO, NORTH day, by such person, the above designated officer of the DAKOTA corporation specified following such person’s 's name, on OKLAHOMA, TEXAS, behalf of said corporation. UTAH, WYOMING and LOUISIANA On this date before me, the undersigned authority, personally came and appeared such person, to me personally known and known by me to be the person whose genuine sign ature signature is affixed to the foregoing document as the above designated officer of the corporation specified following such and person’s 's name, who signed said document before meme in the presence of the two witnesses, whose names are thereto subscribed as such, being competent witnesses, and who acknowledged, in my presencepresence and in the presence of said witnesses, that he signed the above and foregoing document as his own free act and deed on behalf of such corporation by authority of its board of directors and as the free act and deed of such corporation and for the uses and purposes therein set forth and apparent. This instrument was acknowledged before me on this day, by such person, the above designated officer of the corporation specified following such person’s name, on behalf of said corporation.