Common use of Grant and Mortgage Clause in Contracts

Grant and Mortgage. Mortgagor, in order to secure the payment and performance of the secured obligations hereinafter referred to and the performance of the obligations, covenants, agreements, warranties and undertakings of Mortgagor hereinafter described, does hereby GRANT, BARGAIN, SELL, ALIEN, CONVEY, TRANSFER, MORTGAGE, ASSIGN, WARRANT, PLEDGE, HYPOTHECATE and CONFIRM to Mortgagee, its successors and assigns, the following described rights, titles, interests, properties and estates of Mortgagor (sometimes hereinafter collectively referred to as the “Mortgaged Properties”): all of Mortgagor’s right, title, interest and estate in, to and under the oil, gas or other mineral leases described in Exhibit A attached hereto and made a part hereof (the “Leases”); insofar as and only insofar as such Leases cover and pertain to the Target Formation, including such rights in and under the Leases as may be necessary to drill to, complete in and produce and market crude oil, natural gas and natural gas liquids (collectively, “Hydrocarbons”) from the Target Formation; but specifically excluding, however, all of Mortgagor’s rights, title, and interests in and to (i) any oil, gas, water supply, saltwater disposal or other well of any nature whatsoever now or hereafter located on the Subject Lands (including, but not limited to, those which are producing from, injecting into, or otherwise being operated with regard to the Target Formation) at the time of or prior to a foreclosure sale of the Mortgaged Properties, including, without limitation any Development Xxxxx (each a “Well” and collectively, the “Xxxxx”) together with such corresponding rights (and only such rights) in and to the Leases pertaining to each such Well as are reasonably necessary for Mortgagor to own and operate such Well and to produce, store, treat, condition, process, compress, dehydrate, gather, transport or market Hydrocarbons produced from such Well, and dispose of saltwater or other substances produced therefrom (collectively, the “Wellbore Leasehold Rights”); and (ii) all personal property, fixtures and equipment in or on or acquired or used in connection with the ownership or operation of the Xxxxx or the production, storage, treating, conditioning, processing, compressing, dehydrating, gathering, transporting or marketing of Hydrocarbons produced from the Xxxxx, or the disposal of saltwater or other substances, produced therefrom. TO HAVE AND TO HOLD the Mortgaged Properties unto Mortgagee, and Mortgagee’s successor and assigns, upon the terms, provisions and conditions herein set forth.

Grant and Mortgage. Black Ridge Oil & Gas, Inc., a Delaware corporation (herein called “Mortgagor”), for and in consideration of the sum of Twenty Million and 00/100 Dollars ($20,000,000.00) to Mortgagor in hand paid and for other good and valuable consideration received, and in order to secure the payment and performance of the secured obligations hereinafter indebtedness herein referred to and the performance of the obligations, covenants, agreements, warranties and undertakings of Mortgagor hereinafter herein described, does hereby GRANT, BARGAIN, SELL, ALIEN, CONVEY, TRANSFERASSIGN, MORTGAGE, ASSIGN, WARRANT, PLEDGE, HYPOTHECATE and CONFIRM TRANSFER AND CONVEY to Dxxxxxxxx Funding LLC (“Mortgagee, its successors and assigns”), the following described properties, rights, titles, interests, properties and estates of Mortgagor interests (sometimes hereinafter collectively referred to as the “Mortgaged Properties”): all of Mortgagor’s right), title, interest SAVE and estate in, to and under EXCEPT the Excluded Properties (as herein defined) located on any Mortgaged Properties: The oil, gas or other mineral leases leases, properties, mineral servitudes and mineral rights that are described in Exhibit A attached hereto and made a part hereof (hereof; Without limitation of the “Leases”); insofar as and only insofar as such Leases cover and pertain to the Target Formation, including such rights in and under the Leases as may be necessary to drill to, complete in and produce and market crude oil, natural gas and natural gas liquids (collectively, “Hydrocarbons”) from the Target Formation; but specifically excluding, howeverforegoing, all other right, title and interest of Mortgagor’s rights, title, and interests Mortgagor of whatever kind or character (whether now owned or hereafter acquired by agreement or operation of law or otherwise) in and to (i) the leases or other agreements described in Exhibit A hereto, together with all renewals, extensions, substitutions, ratifications, supplements and replacements thereto, (ii) any other leases or agreements which cover or pertain to the lands described or referred to in Exhibit A, even if such leases or other agreements are not described or are incorrectly or insufficiently described on Exhibit A, together with all renewals, extensions, substitutions, ratifications, supplements and replacements thereto, and (iii) the lands described or referred to in Exhibit A (or described or referred to in any of the instruments described or referred to in Exhibit A), in each case without regard to any limitations as to specific lands or depths that may be set forth in Exhibit A hereto or in any of the leases or other agreements described in Exhibit A hereto; All of Mortgagor’s rights, titles and interests (whether now owned or hereafter acquired by agreement or operation of law or otherwise) in, to or under all presently existing and hereafter created oil, gas or mineral unitization, pooling or communitization agreements, declarations or orders, and in and to the properties, rights and interests covered and the units created thereby (including units formed under orders, rules, regulations or other official acts of any federal, state or other authority having jurisdiction), which cover, affect or otherwise relate to the properties, rights and interests described in clauses A or B above; All of Mortgagor’s rights, titles and interests (whether now owned or hereafter acquired by agreement or operation of law or otherwise) in, to or under all presently existing and hereafter created operating agreements, equipment leases, production sales contracts, purchase, exchange and processing contracts and agreements, transportation agreements, utility agreement, gathering agreements, gas balancing agreements, farm-out or farm-in agreements, salt water disposal agreements, area of mutual interest agreements, licenses, permits, and other contracts, agreements or regulatory approvals which cover, affect, or otherwise relate to the properties, rights and interests described in clauses A, B or C above or to the operation of such properties, rights and interests or to the production, exchange, treating, handling, storage, processing, transporting sale, purchase, or marketing of oil, gas, water supplyother hydrocarbons, saltwater disposal or other well minerals produced from (or allocated to) such properties, rights and interests (including those contracts listed in Exhibit A hereto), as same may be amended or supplemented from time to time; All of any nature whatsoever Mortgagor’s rights, titles and interests (whether now owned or hereafter acquired by agreement or operation of law or otherwise) in, to and under all improvements, facilities, infrastructure, equipment, fixtures, and other real, immovable, personal or immovable property (including all platforms, wxxxx, pumping units, wellhead equipment, tanks, pipelines, flow lines, gathering lines, compressors, dehydration units, separators, meters, buildings, injection facilities, salt water disposal facilities, and power, telephone and telegraph lines), and all fee interests, easements, servitudes, rights-of-way, surface leases, licenses, permits and other surface rights, which are now or hereafter located on the Subject Lands (including, but not limited to, those which are producing from, injecting intoused, or otherwise being operated with regard to the Target Formation) at the time of or prior to a foreclosure sale of the Mortgaged Propertiesheld for use, including, without limitation any Development Xxxxx (each a “Well” and collectively, the “Xxxxx”) together with such corresponding rights (and only such rights) in and to the Leases pertaining to each such Well as are reasonably necessary for Mortgagor to own and operate such Well and to produce, store, treat, condition, process, compress, dehydrate, gather, transport or market Hydrocarbons produced from such Well, and dispose of saltwater or other substances produced therefrom (collectively, the “Wellbore Leasehold Rights”); and (ii) all personal property, fixtures and equipment in or on or acquired or used in connection with the ownership properties, rights and interests described in clauses A, B, C or D above, or in connection with the operation of such properties, rights and interests, or in connection with the Xxxxx or the production, storage, treating, conditioninghandling, storing, processing, compressing, dehydrating, gathering, transporting or marketing of Hydrocarbons oil, gas, other hydrocarbons, or other minerals produced from (or allocated to) such properties, rights and interests; and All of Mortgagor’s rights, estates, powers and privileges appurtenant to any of the Xxxxxforegoing. Notwithstanding any provision in this Mortgage to the contrary, in no event is (a) any Building (as defined in the applicable Flood Insurance Regulation) or Manufactured (Mobile) Home (as defined in the applicable Flood Insurance Regulation), which is located within an area having special flood hazards and in which flood insurance is available under the National Flood Insurance Act of 1968, or (b) any interest held by Mortgagor in and to the disposal surface of saltwater the lands underlying said Building or other substancesManufactured (Mobile) Home, produced therefrominsofar and only insofar as such lands lie directly below said Building or Manufactured (Mobile) Home (such Buildings, Manufactured (Mobile) Homes and lands are collectively referred to herein as, the “Excluded Properties”), included in the definition of “Mortgaged Properties”, and no Excluded Properties are encumbered by this Mortgage. As used herein, “Flood Insurance Regulations” shall mean (i) the National Flood Insurance Act of 1968 as now in effect, (ii) the Flood Disaster Protection Act of 1973 as now in effect, (iii) the National Flood Insurance Reform Act of 1994 (amending 42 USC 4001, et seq.), as now in effect, and (iv) the Flood Insurance Reform Act of 2004 as now in effect. Any fractions or percentages specified on attached Exhibit A in referring to the Mortgagor’s interests are solely for purposes of the warranties made by the Mortgagor pursuant to ARTICLE II hereof and shall in no manner limit the quantum of interest affected by this Section 1.1 with respect to any Mortgaged Property. TO HAVE AND TO HOLD the Mortgaged Properties unto Mortgagee, and Mortgagee’s successor its successors and assigns, upon the terms, provisions and conditions herein set forth. Mortgagor will warrant and defend title to the Property (as herein defined) against the claims and demands of all Persons claiming or to claim the same or any part thereof, free and clear of all liens, security interests, and encumbrances except for “Permitted Interests” (as defined in the Credit Agreement referred to below, and herein so called).

Grant and Mortgage. Black Ridge Oil & Gas, Inc., a Delaware corporation (herein called “Mortgagor”), for and in consideration of the sum of Ten Million and 00/100 Dollars ($10,000,000.00) to Mortgagor in hand paid and for other good and valuable consideration received, and in order to secure the payment and performance of the secured obligations hereinafter indebtedness herein referred to and the performance of the obligations, covenants, agreements, warranties and undertakings of Mortgagor hereinafter herein described, does hereby GRANT, BARGAIN, SELL, ALIEN, CONVEY, TRANSFERASSIGN, MORTGAGE, ASSIGN, WARRANT, PLEDGE, HYPOTHECATE and CONFIRM TRANSFER AND CONVEY to Xxxxxxxxx Funding LLC (“Mortgagee, its successors and assigns”), the following described properties, rights, titles, interests, properties and estates of Mortgagor interests (sometimes hereinafter collectively referred to as the “Mortgaged Properties”): all of Mortgagor’s right), title, interest SAVE and estate in, to and under EXCEPT the Excluded Properties (as herein defined) located on any Mortgaged Properties: The oil, gas or other mineral leases leases, properties, mineral servitudes and mineral rights that are described in Exhibit A attached hereto and made a part hereof (hereof; Without limitation of the “Leases”); insofar as and only insofar as such Leases cover and pertain to the Target Formation, including such rights in and under the Leases as may be necessary to drill to, complete in and produce and market crude oil, natural gas and natural gas liquids (collectively, “Hydrocarbons”) from the Target Formation; but specifically excluding, howeverforegoing, all other right, title and interest of Mortgagor’s rights, title, and interests Mortgagor of whatever kind or character (whether now owned or hereafter acquired by agreement or operation of law or otherwise) in and to (i) the leases or other agreements described in Exhibit A hereto, together with all renewals, extensions, substitutions, ratifications, supplements and replacements thereto, (ii) any other leases or agreements which cover or pertain to the lands described or referred to in Exhibit A, even if such leases or other agreements are not described or are incorrectly or insufficiently described on Exhibit A, together with all renewals, extensions, substitutions, ratifications, supplements and replacements thereto, and (iii) the lands described or referred to in Exhibit A (or described or referred to in any of the instruments described or referred to in Exhibit A), in each case without regard to any limitations as to specific lands or depths that may be set forth in Exhibit A hereto or in any of the leases or other agreements described in Exhibit A hereto; All of Mortgagor’s rights, titles and interests (whether now owned or hereafter acquired by agreement or operation of law or otherwise) in, to or under all presently existing and hereafter created oil, gas or mineral unitization, pooling or communitization agreements, declarations or orders, and in and to the properties, rights and interests covered and the units created thereby (including units formed under orders, rules, regulations or other official acts of any federal, state or other authority having jurisdiction), which cover, affect or otherwise relate to the properties, rights and interests described in clauses A or B above; All of Mortgagor’s rights, titles and interests (whether now owned or hereafter acquired by agreement or operation of law or otherwise) in, to or under all presently existing and hereafter created operating agreements, equipment leases, production sales contracts, purchase, exchange and processing contracts and agreements, transportation agreements, utility agreement, gathering agreements, gas balancing agreements, farm-out or farm-in agreements, salt water disposal agreements, area of mutual interest agreements, licenses, permits, and other contracts, agreements or regulatory approvals which cover, affect, or otherwise relate to the properties, rights and interests described in clauses A, B or C above or to the operation of such properties, rights and interests or to the production, exchange, treating, handling, storage, processing, transporting sale, purchase, or marketing of oil, gas, water supplyother hydrocarbons, saltwater disposal or other well minerals produced from (or allocated to) such properties, rights and interests (including those contracts listed in Exhibit A hereto), as same may be amended or supplemented from time to time; All of any nature whatsoever Mortgagor’s rights, titles and interests (whether now owned or hereafter acquired by agreement or operation of law or otherwise) in, to and under all improvements, facilities, infrastructure, equipment, fixtures, and other real, immovable, personal or immovable property (including all platforms, xxxxx, pumping units, wellhead equipment, tanks, pipelines, flow lines, gathering lines, compressors, dehydration units, separators, meters, buildings, injection facilities, salt water disposal facilities, and power, telephone and telegraph lines), and all fee interests, easements, servitudes, rights-of-way, surface leases, licenses, permits and other surface rights, which are now or hereafter located on the Subject Lands (including, but not limited to, those which are producing from, injecting intoused, or otherwise being operated with regard to the Target Formation) at the time of or prior to a foreclosure sale of the Mortgaged Propertiesheld for use, including, without limitation any Development Xxxxx (each a “Well” and collectively, the “Xxxxx”) together with such corresponding rights (and only such rights) in and to the Leases pertaining to each such Well as are reasonably necessary for Mortgagor to own and operate such Well and to produce, store, treat, condition, process, compress, dehydrate, gather, transport or market Hydrocarbons produced from such Well, and dispose of saltwater or other substances produced therefrom (collectively, the “Wellbore Leasehold Rights”); and (ii) all personal property, fixtures and equipment in or on or acquired or used in connection with the ownership properties, rights and interests described in clauses A, B, C or D above, or in connection with the operation of such properties, rights and interests, or in connection with the Xxxxx or the production, storage, treating, conditioninghandling, storing, processing, compressing, dehydrating, gathering, transporting or marketing of Hydrocarbons oil, gas, other hydrocarbons, or other minerals produced from (or allocated to) such properties, rights and interests; and All of Mortgagor’s rights, estates, powers and privileges appurtenant to any of the Xxxxxforegoing. Notwithstanding any provision in this Mortgage to the contrary, in no event is (a) any Building (as defined in the applicable Flood Insurance Regulation) or Manufactured (Mobile) Home (as defined in the applicable Flood Insurance Regulation), which is located within an area having special flood hazards and in which flood insurance is available under the National Flood Insurance Act of 1968, or (b) any interest held by Mortgagor in and to the disposal surface of saltwater the lands underlying said Building or other substancesManufactured (Mobile) Home, produced therefrominsofar and only insofar as such lands lie directly below said Building or Manufactured (Mobile) Home (such Buildings, Manufactured (Mobile) Homes and lands are collectively referred to herein as, the “Excluded Properties”), included in the definition of “Mortgaged Properties”, and no Excluded Properties are encumbered by this Mortgage. As used herein, “Flood Insurance Regulations” shall mean (i) the National Flood Insurance Act of 1968 as now in effect, (ii) the Flood Disaster Protection Act of 1973 as now in effect, (iii) the National Flood Insurance Reform Act of 1994 (amending 42 USC 4001, et seq.), as now in effect, and (iv) the Flood Insurance Reform Act of 2004 as now in effect. Any fractions or percentages specified on attached Exhibit A in referring to the Mortgagor’s interests are solely for purposes of the warranties made by the Mortgagor pursuant to ARTICLE II hereof and shall in no manner limit the quantum of interest affected by this Section 1.1 with respect to any Mortgaged Property. TO HAVE AND TO HOLD the Mortgaged Properties unto Mortgagee, and Mortgagee’s successor its successors and assigns, upon the terms, provisions and conditions herein set forth. Mortgagor will warrant and defend title to the Property (as herein defined) against the claims and demands of all Persons claiming or to claim the same or any part thereof, free and clear of all liens, security interests, and encumbrances except for “Permitted Interests” (as defined in the Credit Agreement referred to below, and herein so called).

Grant and Mortgage. Mortgagor, in order to secure the payment and performance of the secured obligations hereinafter referred to and the performance of the obligations, covenants, agreements, warranties and undertakings of Mortgagor hereinafter described, does hereby GRANT, BARGAIN, SELL, ALIEN, CONVEY, TRANSFER, MORTGAGE, ASSIGN, WARRANT, PLEDGE, HYPOTHECATE and CONFIRM to Mortgagee, its successors and assigns, the following described rights, titles, interests, properties and estates of Mortgagor (sometimes hereinafter collectively referred to as the “Mortgaged Properties”): all of Mortgagor’s right, title, interest and estate in, to and under the oil, gas or other mineral leases described in Exhibit A attached hereto and made a part hereof (the “Leases”); insofar as and only insofar as such Leases cover and pertain limited, however, to the Target Formation, including such rights in and under the Leases as may be necessary to drill to, complete in and produce and market crude oil, natural gas and natural gas liquids (collectively, “Hydrocarbons”) Hydrocarbons from the Target Formation; but specifically excluding, however, all of Mortgagor’s rights, title, and interests in and to (i) any oil, gas, water supply, saltwater disposal or other well of any nature whatsoever now or hereafter located on the Subject Lands (including, but not limited to, those which are producing from, injecting into, or otherwise being operated with regard to the Target Formation) at the time of or prior to a foreclosure sale of the Mortgaged PropertiesLands, including, without limitation any Development Xxxxx (each a “Well” and collectively, the “Xxxxx”) together with such corresponding rights (and only such rights) in and to the Leases pertaining to each such Well as are reasonably necessary for Mortgagor to own and operate such Well and to produce, store, treat, condition, process, compress, dehydrate, gather, transport or market Hydrocarbons produced from such Well, and dispose of saltwater or other substances produced therefrom (collectively, the “Wellbore Leasehold Rights”); and (ii) all personal property, fixtures and equipment in or on or acquired or used in connection with the ownership or operation of the Xxxxx or the production, storage, treating, conditioning, processing, compressing, dehydrating, gathering, transporting or marketing of Hydrocarbons produced from the Xxxxx, or the disposal of saltwater or other substances, produced therefrom. TO HAVE AND TO HOLD the Mortgaged Properties unto Mortgagee, and Mortgagee’s successor and assigns, for the benefit of Mortgagee, upon the terms, provisions and conditions herein set forth.

Grant and Mortgage. Mortgagor, in order to secure the payment and performance of the secured obligations hereinafter referred to and the performance of the obligations, covenants, agreements, warranties and undertakings of Mortgagor hereinafter described, does hereby GRANT, BARGAIN, SELL, ALIEN, CONVEY, TRANSFER, MORTGAGE, ASSIGN, WARRANT, PLEDGE, HYPOTHECATE and CONFIRM to Mortgagee, its successors and assigns, the following described rights, titles, interests, properties and estates of Mortgagor (sometimes hereinafter collectively referred to as the “Mortgaged Properties”): all of Mortgagor’s right, title, interest and estate in, to and under the oil, gas or other mineral leases described in Exhibit A attached hereto and made a part hereof (the “Leases”); insofar as and only insofar as such Leases cover and pertain to the Target Formation, including to such rights in and under the Leases as may be necessary to drill to, complete in and produce and market crude oil, natural gas and natural gas liquids (collectively, “Hydrocarbons”) from the Target Formation; but specifically excluding, however, all of Mortgagor’s rights, title, and interests in and to (i) any oil, gas, water supply, saltwater disposal or other well of any nature whatsoever now or hereafter located on the Subject Lands (including, but not limited to, those which are producing from, injecting into, or otherwise being operated with regard to the Target Formation) at the time of or prior to a foreclosure sale of the Mortgaged Properties, including, without limitation any Development Xxxxx (each a “Well” and collectively, the “Xxxxx”) together with such corresponding rights (and only such rights) in and to the Leases pertaining to each such Well as are reasonably necessary for Mortgagor to own and operate such Well and to produce, store, treat, condition, process, compress, dehydrate, gather, transport or market Hydrocarbons produced from such Well, and dispose of saltwater or other substances produced therefrom (collectively, the “Wellbore Leasehold Rights”); and (ii) all personal property, fixtures and equipment in or on or acquired or used in connection with the ownership or operation of the Xxxxx or the production, storage, treating, conditioning, processing, compressing, dehydrating, gathering, transporting or marketing of Hydrocarbons produced from the Xxxxx, or the disposal of saltwater or other substances, produced therefrom. TO HAVE AND TO HOLD the Mortgaged Properties unto Mortgagee, and Mortgagee’s successor and assigns, upon the terms, provisions and conditions herein set forth.