Form 16-12

Partial Release of Lien

[Water Rights Off-Site Production]

Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver’s license number.

Date:

Holder of Note and Lien:

Holder’s Mailing Address:

Owner of Groundwater Rights:

Owner’s Mailing Address:

Note

Date:

Original principal amount:

Borrower:

Lender:

Note and Lien Are Described in the Following Documents: [include recording information]

Real Property: [describe real property from which groundwater rights will be obtained]

Groundwater Rights: Seller’s perpetual right to withdraw up to [number] acre-feet per year of [name] Aquifer permitted [irrigation/industrial/[and/or] municipal] groundwater (the “Groundwater”) relating to the Real Property. The Groundwater Rights include all of the real and personal property rights, appurtenances, hereditaments, licenses, and contracts, if any, related to or pertaining to the Groundwater, including Permit[s] No[s]. [num­ber[s]] [include if recorded: , recorded in Volume [number], Page [number], of the Offi­cial Public Records of [county] County, Texas] (the “Permit”), as amended or modified, as applicable, insofar as it pertains to the Groundwater Rights, including, but not limited to—

1.all of the real and personal property rights, appurtenances, authorities, licenses, consents, and contracts, if any, relating to or pertaining to the Groundwater, which will also include all common-law property rights in and to the Ground­water as well as those rights or interests that now or in the future may be useful or necessary to withdraw or otherwise beneficially use the Groundwater Rights (the “Appurtenant Rights”);

2.all permit rights (including the right in and to the Permit that relates to the Groundwater Rights) allowing for possession, withdrawal, or use of the Groundwater (the “Permit Rights”); and

3.all other rights to withdraw and beneficially use the Groundwater, Appurtenant Rights, Permit, or Permit Rights, together with all modifications, amendments, renewals, extensions, or successor or substitute permits relating to any of the above-described items.

Property to Be Released from Lien: the Groundwater Rights.

For value received, Holder of Note and Lien releases only the Groundwater Rights from Lien and from all liens held by Holder of Note and Lien, without regard to how they were created or evidenced.

When the context requires, singular nouns and pronouns include the plural.

   
[Name of lienholder]

By:
      
[Name of representative]
      
[Title]