RECORDING REQUESTING BY.
AND AFTER RECORDING.
RETURN TO:
SilverWind Power Corporation,
An Arizona Company
33789 N. Barbara Drive
Queen Creek, Arizona 85242
_____________________________________________________________________________________
SEQUENTIALLY SERIALIZED 10002.2.2 (Space above this line for Recorders’s use only)
SHORT FORM WIND ENERGY LEASE EASEMENT AGREEMENT OF TERMS
This SHORT FORM OF WIND ENERGY LEASE EASEMENT AGREEMENT OF TERMS (this “Lease Short Form”) is made effective as of September_____ , 2009, by and between the (“LESSOR”), whose United States of America mailing address is Holbrook, Arizona 86025, and SilverWind Power Corporation, an Arizona Company the (“LESSEE”), whose United States of America mailing address is 33789 N. Barbara Drive Queen Creek, Arizona 85242, in light of the following facts and circumstances:
Lessor and Lessee entered into that certain (“Wind Energy Lease Easement Agreement of Terms“), of even date herewith (the “Lease Agreement”), pursuant to which Lessor has leased to Lessee the real property of Lessor ( “Property”) located in Navajo County, Arizona, USA as more particularly described on “EXHIBIT A” FOR THE RECORD attached hereto and which Lease Agreement and said “EXHIBIT A” are hereby incorporated herein as if fully set forth in this Lease Short Form. Lessor and Lessee have executed and acknowledged this Lease Short Form for the purpose of providing constructive notice of the Lease Agreement Capitalized Terms not otherwise defined in this Lease Short Form shall have the meanings provided in the Lease Agreement. In the event of any conflict or inconsistency between the provisions of this Lease Short Form and the provisions of the Lease Agreement, the provisions of the Lease Agreement shall control. Nothing in this Lease Short Form shall be deemed to amend, modify, change, alter, amplify, limit, interpret or supersede any provision of the Lease Agreement or otherwise limit or expand the rights and obligations of the parties under the Lease Agreement and the Lease Agreement shall control over this Lease Short Form in all events.
NOW THEREFORE, LESSOR AND LESSEE HEREBY AGREE AS FOLLOWS:
1. Lease of Property; Easements: Lessor leases the Property to Lessee on the terms, covenants and conditions stated in Lease Agreement. The lease created by the Lease Agreement is solely and exclusively for “Wind Energy Purposes”, as defined in the Lease Agreement and Lessee shall have the exclusive right to use the Subject Property for wind energy purposes, together with certain related access and easement rights and other rights related to the Subject Property as more fully described in the Lease Agreement. Reference is hereby made to the Lease Agreement for a complete description of the respective rights and obligations of the parties regarding the Property and the covenants, conditions, restrictions and easements affecting the Subject Property, pursuant to the Lease Agreement.
SHORT FORM WIND ENERGY LEASE EASEMENT AGREEMENT OF TERMS
SilverWind Power Corp Lease, Page 1 of 4 {“SILVER”}
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2. Term: The term of the rights granted in the Lease Short Form begins on the Effective Date of the Lease Agreement and runs for an initial period of TEN YEARS (10) years plus applicable extensions of or termination as provided in Section 5 and Section 13 of the Lease Agreement.
3. Ownership: Lessor shall have no ownership or other interest in any Windpower Facilities installed on the Subject Property.
4. No Interference: Among other things, the Lease Agreement provides that Lessor activities and any grant of rights Lessor makes to any person or entity, whether located on the Property or elsewhere, shall not currently or in the future, impede or interfere with: the siting, permitting, construction, installation, maintenance, operation, replacement, or removal of WindPower Facilities, whether located on the Subject Property or elsewhere; the flow of wind, wind speed or wind direction over the Subject Property: access over the Subject Property to WindPower Facilities, whether located on the Subject Property or elsewhere, any Development Activities or the understanding of any other activities of Lessee permitted under the Lease Agreement. In no event during the term of the Lease Agreement shall Lessor construct, build or locate or allow others to construct, build or locate any wind energy conversion system, wind turbines or similar project on the Subject Property.
5. Successors and Assigns: The Lease Agreement and any easement or rights granted Lessee therein shall burden the Subject Property and shall run with the land. The Lease Agreement shall inure to the benefit of and be binding upon Lessor and Lessee and, to the extent provided in any assignment transfer under the Lease Agreement, any Assignee or Tenant and their respective heirs, transferees, successors and assigns and all persons claiming under them.
6. Multiple Counterparts: The Lease Short Form may be executed by different parties on separate counterparts, each of which, when so executed and delivered, shall be the original, but all such counterparts shall constitute one and the same instrument.
7. Governing Law. This Lease Short Form and the lease Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, United States of America.
IN WITNESS WHEREOR, Lessor and Lessee have caused this Lease Short Form to be executed for sole purposes of recordation by the Register of Deeds for Navajo County, Arizona United States of America and delivered by their duly authorized representative of Corporate Officer as of the date first written above.
“LESSEE” “LESSOR”
SilverWind Power Corporation,
An Arizona Company
By:_____________________________ By:___________________________
Chief Executive Officer & President Lessor
Printed Name: David Jason Silver Printed Name:
Date: 09/8/2009 Date: __________
SHORT FORM WIND ENERGY LEASE EASEMENT AGREEMENT OF TERMS
SilverWind Power Corp Lease, Page 2 of 4 {“SILVER”}
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ACKNOWLEDGEMENT
STATE OF ARIZONA )
) ss.
COUNTY of NAVAJO )
On the Day of ___, September, 2009 before me, _______________, an Notary Public for the State of Arizona, Navajo County personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument SHORT FORM WIND ENERGY LEASE EASEMENT AGREEMENT OF TERMS, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal. My Commission expires:____________________
____________________________ (Official Arizona Notary Seal)
Signature of Notary Public
____________________________
Print Full Name of Notary Public
_________________________________________________________________________________
ACKNOWLEDGEMENT
STATE OF ARIZONA )
) ss.
COUNTY of PINAL )
The Foregoing instrument was acknowledged before me this 8 day of September, 2009 by
David Jason Silver, Chief Executive Officer & President of SilverWind Power Corporation, An Arizona Company, on behalf of the Corporation.
WITNESS my hand and official seal. My Commission expires:____________________
____________________________ (Official Arizona Notary Seal)
Signature of Notary Public
____________________________
Print Full Name of Notary Public
SHORT FORM WIND ENERGY LEASE EASEMENT AGREEMENT OF TERMS
SilverWind Power Corp Lease, Page 3 of 4 {“SILVER”}
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SilverWind Power Corporation, An Arizona Company
EXHIBIT A
FOR THE OFFICIAL RECORD
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY IN NAVAJO COUNTY, ARIZONA USA
That Certain Real property located in Navajo County, Arizona comprised of about 960.00 acres of land more or less.
PARCEL 1.
SilverWind Power Corporation, An Arizona Company
SHORT FORM WIND ENERGY LEASE EASEMENT AGREEMENT OF TERMS
SilverWind Power Corp Lease, Page 4 of 4 {“SILVER”}
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