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LYNN
ROSE
(
5
o
4
)
5
P
6
a
^fl
14
34
May 17,2017 ^
_
VIA
US
MAIL
United
States
Department
of
the Interior
Bureau of Ocean Energy Management
Attn:
Adjudication
Dept.
1201
Elmwood
Park
Blvd.
New
Orleans,
LA
70123-2394
MAY
2
3
2017
y
ADJUDICATION
SECTION
Re:
ING
Bank
NV/Thunder
Hawk
Facility
Financing
Dear Sir:
Enclosed for
filing
with
your
office
please
find
copies of
following
documents:
1.
Release/Cancellation of that certain Louisiana Mortgage and Collateral
Assignment of
Leases
and
Rents
by
SBM
Thunder Hawk S.A in favor of
ING
Bank
N.V.,
dated July 22, 2009, pertaining to Federal
Lease
Nos.
OCS-G 27306 and OCS-G 21778
(Please
file
this document under
Category 2 -
release
of
mortgages and liens);
2.
Release/Cancellation of that certain Louisiana Leasehold Mortgage and
Collateral
Assignment of
Leases
and
Rents
by SBM
Gulf
Production
LLC
in favor of SBM Thunder Hawk S.A., dated July 22, 2009,
pertaining
to Federal
Lease
Nos. OCS-G 27306 and OCS-G 21778
(Please
file
this document under Category 2 -
release
of mortgages and
liens);
3. Termination of that certain Memorandum of
Lease
(Louisiana) by and
between
SBM
Thunder Hawk S.A. and SBM
Gulf
Production LLC,
dated July 22, 2009, pertaining to Federal
Lease
Nos. OCS-G 27306 and
OCS-G 21778
(Please
file
this document under Category 8-
miscellaneous);
4.
Release/Cancellation of that certain Alabama Mortgage, Collateral
Assignment of
Leases
and Rents, Assignment of Mortgage, Security
Agreement and Fixture
Filing
by SBM Thunder Hawk, S.A. in favor of
ING
Bank,
N.V.
dated July 22, 2009, pertaining to Federal
Lease
Nos.
OCS-G 27306 and OCS-G 21778
(Please
file
this document under
Category 2 -
release
of mortgages and liens);
_
COUNSELORS
AT
LAW_
C£Ql?M830|r(>)fc5
Canal
Street,
Suite 2000 j New Orleans, Louisiana 70130-6534 | 504-566-1311 | 504-568-9130 Fax | phelpsdunbar.com
United
States
Department
of the
Interior
Bureau of Ocean Energy Management
May
17, 2017
Page
2
elease/Cancellation of that certain Alabama Leasehold Mortgage,
Assignment of
Leases
and Rents, Security Agreement and Fixture
Filing
by
SBM
Gulf
Production,LLC in favor of SBM Thunder Hawk, S.A.
dated July 22, 2009, pertaining to Federal
Lease
Nos. OCS-G 27306 and
OCS-G21778
(Please
file
this document under Category 2 -
release
of
mortgages and liens);
6. Termination of that certain Memorandum of
Lease
(Alabama) by and
between SBM Thunder Hawk S.A. and SBM
Gulf
Production, LLC
dated July 22, 2009, pertaining to Federal
Lease
Nos. OCS-G 27306 and
OCS-G 21778
(Please
file
this document under Category 8-
miscellaneous);
7. Release/Cancellation of that certain Mississippi Deed of Trust, Security
Agreement, Assignment of
Leases
and Rents, and Fixture
Filing
and
Collateral
Assignment of Leasehold Deed of Trust, Security Agreement,
Assignment of
Leases
and
Rents
and Fixture
Filing
by SBM Thunder
Hawk,
S.A. in favor of
ING
Bank,
N.V.
dated July 27, 2009, pertaining
to
Federal
Lease
Nos. OCS-G 27306 and OCS-G 21778
(Please
file
this
document under Category 8- miscellaneous);
8. Termination of that certain Memorandum of
Lease
(Mississippi) by and
between
SBM
Thunder Hawk S.A. and SBM
Gulf
Production LLC,
dated July 27, 2009, pertaining to Federal
Lease
Nos. OCS-G 27306 and
OCS-G 21778
(Please
file
this document under Category 8-
Miscellaneous); and
9. Release/Cancellation
of
that certain Mississippi Leasehold Deed of
Trust,
Security Agreement, Assignment of
Leases
and Rents, and Fixture
Filing
by
SBM
Gulf
Production LLC in favor of SBM Thunder Hawk S.A.,
dated July 27, 2009, pertaining to Federal
Lease
Nos. OCS-G27306 and
OCS-G 21778
(Please
file
this document under Category 8-
miscellaneous).
PD.214g3010.1
United
States
Department
of
the
Interior
Bureau
of
Ocean Energy Management
May
17,2017
Page
3
I
have
provided
our receipts
for
each document in the
total
amount of
$522.00
(or $58.00
per document
filing)
evidencing payment of your
filing
fees. I have enclosed an extra copy of
each document for you to date stamp and retum to me. If you have any questions you may
contact me at
(504)
566-1311,
ext. 1434.
Very^uly
yours,
A-
Lynn
Rose
Paralegal
Enclosures
PD21483010
COUNTRY
OF
ENGLAND
MAY 2 3 2017
ADJUDICATION
SECTION
CITY
OF
LONDON
RELEASE
OF
LEASEHOLD
MORTGAGE
KNOW
ALL MEN BY
THESE
PRESENTS that the undersigned,
SBM
THUNDER
HAWK
S.A.,
("SBM
Thunder
Hawk"
1
)
a company incorporated
under
the laws
of
Switzerland and having a
mailing
address
of
5
Route de
Fribourg,
CH 1723,
Marly
1,
Switzerland, is the record
mortgagee
of
that certain mortgage described as
follows:
Alabama Leasehold Mortgage, Assignment of
Leases
and
Rents,
Security Agreement and
Fixture
Filing
(the "Mortgage"
-
) dated
July
22,2009,
effective
July
27,2009, granted
by SBM
Gulf
Production,
LLC,
a Delaware
limited
liability
company (the "Mortgagor"'), having a
mailing
address
of 1255 Enclave Parkway, Suite 600, Houston,
Texas
77077, which was
recorded on July 24, 2009 in the
records
of the Bureau of
Ocean
Energy Management,
Regulation, and Enforcement
(formerly
the
United
States
Minerals Management Service),
Gulf
of Mexico OCS Region, Adjudication
Unit
(MS 5421), wherein the Mortgagor
acknowledged an
indebtedness
to SBM Thunder Hawk and granted a mortgage
lien,
collateral
assignment
and continuing security interest in and to certain property (the
"Mortgaged Property"") to SBM Thunder Hawk. The Mortgaged Property is more
fully
described on
Exhibit
A
attached
hereto.
SBM
Thunder Hawk
does
hereby
declare
that the mortgage
lien,
collateral
assignment
and
continuing
security interest in and to the Mortgaged Property
secured
by the Mortgage
is.
hereby
released
and discharged in
foil.
The Bureau of
Ocean
Energy Management, Regulation, and
Enforcement
(formerly
the United
States
Minerals Management Service),
Gulf
of
Mexico
OCS
Region,
Adjudication
Unit
(MS 5421)is hereby instructed to record this instrument and to cancel,
release
and
discharge
the Mortgage in
accordance
with
Alabama and United'States law.
SBM
Thunder
Hawk
declares
that it is the
mortgagee
of
record
under
the Mortgage and has
all
necessary
authority
to
enter
into
this
Release
pursuant
to
Alabama and other applicable
law.
SBM
Thunder Hawk hereby
grants
a
full
and complete
release
of the Mortgage.
SBM
Thunder Hawk hereby authorizes and directs the Bureau of Ocean Energy
Management, Regulation,
and
Enforcement (formerly the United
States
Minerals
Management
Service),
Gulf
of Mexico
OCS
Region, Adjudication Unit (MS 5421) to cancel and erase the
inscription of said Mortgage from the aforesaid records.
[remainder
of
page intentionally left blank]
PD.l
9696293.1
Release
of AL
Leasehold Mortgage
-
Federal
MMS
IN WITNESS WHEREOF,
SBM
Thunder Hawk has caused this instrument
to be
executed
and delivered as
of
this
2 I
day
of
fdhv&ff, mrt.z&H-
/^>\
WITNESSES:
Print
name:
GAiTUV &C#Si7H
Print
name:
ITOW-N PZltcx
SBM
THUNDER
HAWK
S.A>
By:
:
Name:
M£y>/^
Pfc P-
&t
AN>
f
V
Title:
Agent and
Attorney-in-Fact
COUNTRY
OF
ENGLAND
CITY
OF
LONDON
I,
the
undersigned, Notary Public, hereby
certify
that
Hlfr/MEft-•ftAtf'^
as
Agent
and
Attorney-in-Fact
of
SBM
THUNDER
HAWK
S.A.,
is
signed
to
the
foregoing
instrument,
and who
is known-to me, acknowledged'before me on this day that, being
informed
ofthe contents of
said
instrument,
he/she,
with
full
authority, executed
the same
voluntarily
for
and as the act
of said
company.
Given
under
my
hand this
the
day
of
/ FCVi
Notary
Public
My
commission expires:
/n
^r^^TVL
No!ar>'
Public
London,
England
(Robsrt
S.
Kerssi)
Release of AL Leasehold
Mortgage
-
Federal MMS
3.
7.
9.
APOSTILLE
(Convention de La Haye du 5 octobre 1961)
1.
Country:
Pays
/
Pais:
United Kingdom of Great Britain and Northern Ireland
This
public document
Le present acte public
/
El presente documento publico
2.
Has been
signed
by
a 6t6 sign6 par
ha sido firmado por
Robert Scott Kerss
Acting
in
the capacity of
agissant en quality de
quien actua en calidad de
Notary Public
4.
Bears
the
seal
/ stamp of
est revetu du sceau
/
timbre de
y esta revestido del sello
/
timbre de
The Said Notary Public
Certified
Atteste
/
Certificado
5. at
AI
en
London
6.
the
le
/
el
dia
22 February 2017
by
par / por
Her Majesty's Principal Secretary of State
for Foreign and Commonwealth Affairs
8. Number
sous no
/
bajo el numero
APO-208570
Seal
/ stamp
Sceau
/
timbre
Sello
/
timbre
10. Signature
Signature
Firma
R. Bath
s
This Apostille is not to be used in tfie UK and only confirms the authenticity of
ttle
signature, seal or stamp on ttie attached
UK public document It does not confirm the authenticity of
the
underlying document Apostilles attached to documents that
have been photocopied and certified in the UK confirm the signature of
the
UK official who conducted the certification only.
It does not authenticate either the signature on the original document or the contents of
the
original document in any way.
If
this
document is to be used in a country not parly to the Hague Convention of the 5th of October
1961.
it
should be presented to the consular section of
the
mission
representing
that country
To verify this apostille go to www.verlfyapostllle.servlce.gov.uk
Private
&
Confidential
I
t
Dated 15 J)ec^m)9zr
2016
SBM Thunder Hawk S.A.
in favour of
ELEANOR MARTIN
ALEXANDER BLANEY
OLIVIA COX
and
TOM CAPEL
POWER OF ATTORNEY
NORTON
ROSE
FULBRIGHT
KNOW ALL MEN BY THESE PRESENTS that BY THIS POWER OF ATTORNEY SBM Thunder Hawk
S.A. (the "Borrower") a company duly incorporated in and governed by the laws of Switzerland with
registered address 5 Route de Fribourg, CH 1723 Marly, Switzerland does hereby make constitute
and appoint each of Eleanor Martin, Alexander Blaney, Olivia Cox and Tom Capel each of Norton
Rose Fulbright LLP, 3 More London Riverside, London, SE1 2AQ, England (each an "Attorney" and
together the "Attorneys") jointly and each of them, acting individually and severally, to be its true and
lawful attorneys-in-fact for it, in its name and on its behalf to do all or any of the following acts, matters
and things, namely:
1 To agree (in his, her or their absolute and unfettered discretion) the form, terms and conditions of,
and thereafter to
sign
as a deed and deliver or otherwise execute on behalf of the Borrower, any
documents
whatsoever in connection
with
the
discharge
of the existing
security
granted in
connection
with
the loan facility of
$320
million which was advanced by the ING
Bank
N.V. to the
Borrower
for the purpose of financing the
semi-submersible
unit named Thunder Hawk (the
"Unit")
and related
security
arrangements, including (but
without
prejudice to the generality of the
foregoing) any or all of the following documents (the "Principal Documents"):
(a)
Termination of Lease and Memorandum of Lease (Plaquemines Parish, LA);
(b)
Uniform Cancellation Affidavit (Plaquemines Parish, LA);
(c)
Release of Leasehold Mortgage (Plaquemines Parish, LA);
(d)
Termination of Lease and Memorandum of Lease (St Bernard, LA);.
(e)
Uniform Cancellation Affidavit (St. Bernard, LA);
(f)
Release of Leasehold Mortgage (St. Bernard, LA);
(g)
Termination of Lease and Memorandum of Lease (St. Tammany, LA);
(h)
Act of Correction (St. Tammany, LA);
(i)
Request to Cancel (Str Tammany, LA);
(j)
Release by Obligee of Record of Mortgage or Privilege (St. Tammany, LA);
(k)
Termination and Cancellation (Memorandum of Lease - Mississippi);
(I)
Termination and'Cancellation (Leasehold Deed of Trust - Mississippi);
(m)
Termination of Lease and Memorandum of Lease (Alabama); and
(n)
Release of Leasehold Mortgage (Alabama).
2 To do all other acts and things as the Attorneys or any of them , acing individually, may (in his, her
or their absolute and unfettered discretion) deem necessary or advisable:
(a)
for the purpose of giving effect to all or any of the transactions contemplated in the Principal
Documents including (but without prejudice to the generality of the foregoing) to agree the form,
terms and conditions of, and make,
sign,
execute, deliver and do, all such deeds, instruments,
agreements, applications, oaths, affidavits, declarations, confirmations, notices or
acknowledgements thereof, letters, certificates, protocols, mandates, instructions and any other
documents whatsoever (whether of a like nature or not) (including any notarial acts) which the
Attorneys or any of them (in his, her or their absolute and unfettered discretion) may deem
necessary or advisable for such purpose (the "Ancillary Documents") and to confer any power
of attorney contained in any of the said documents; and/or
(b)
in connection with the execution, delivery and registration of, and/or the performance by the
Borrower of any of its obligations under the Principal Documents and the Ancillary Documents,
r
and in each case, the execution, delivery, doing and/or registration by the Attorneys or any of
them of the Principal Documents or any of the Ancillary Documents and the conferment of any
such power of attorney shall be conclusive evidence of his, her or their authority to do so.
3 The Attorneys have no right of substitution.
The Borrower hereby gives and grants to the Attorneys and each of them, acting individually, full
power of authority in the premises hereby ratifying, allowing and confirming, and agreeing to ratify,
allow and confirm, whatsoever shall lawfully be done in the premises by virtue hereof and undertakes
from time to time and at all times to indemnify the Attorneys and each of them against all reasonable
costs,
claims, expenses and liabilities howsoever incurred by the Attorneys or any of them as a result
of anything done by the Attorneys in the exercise, in good faith, of any of the powers conferred, or
purported to be conferred, on all or any of them by this Power of Attorney.
For the purpose of clarification, each of the Attorneys, acting individually, may undertake any of the
actions and exercise any ofthe powers granted herein.
This Power of Attorney shall be conclusive and binding upon the Borrower and no person or
corporation having dealings with the Attorneys or any-of them under this Power of Attorney shall be
under any obligation to make any enquiries as to whether or not this Power of Attorney has been
revoked and all acts hereunder shallbe valid and binding on the Borrower unless at the time ofthe act
express notice of its revocation has been received by such person or corporation. This Power of
Attorney shall be governed and construed in accordance with the laws of England and is valid until
and including 28 February 2017.
IN WITNESS whereof the foregoing Power of Attorney has been duly executed and delivered this the
..!.^ day of.Qft«rt«tf2016.
EXECUTED
and
DELIVERED
for and on behalf of
SBM
Thunder Hawk S.A.
by
)'
)
)
) D.H.M. Wood, director
I confirm that the signature on this document corresponds with
the signature on the passport of Douglas Hugh Marshall
Wood,
bom in Glasgow/United Kingdom, on 19 April 1971.
am not, however, making any statement about th^authortg^
Douglas Hugh Marshall Wood to represent SBM Tburgiefer:
Hawk S.A.
Signed in Amsterdam on 26 January 2017
by Professor Martin van Olffen, civil law notary in Amsterdam.