The URL can be used to link to this page

Home My WebLink About910401 RECEIVED 7/29/2005 at 10:58 AM RECEIVING# 910401 BOOK: 592 PAGE: 589 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, VVY ASSIGNMENT AND CONVEYANCE x, THIS ASSIGNMENT AND CONVEYANCE (the "Assignment"), dated effective k~,u ~ , 2005 at 7:01 a.m., Casper, Wyoming Time (the "Effective Time"), is from O~E__~. MILES, JR. and MADELYN L. MILES ("Assignors") whose address is 13571 China Berry Way, Ft. Myers, FL 33908, to OWEN P. MILES, JR. and MADELYN L. MILES, Trustees, under the MILES FAMILY WYOMING MINERAL TRUST, dated July 11, 2005 and any amendme~reto, whose address is 13571 China Berry Way, Ft. Myers, FL 33908, ("Assignees"). I. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignors hereby transfer, grant, bargain, sell, convey and assign to Assignees all of their right, title, claims, interests and estates in and to the following interests (hereinafter referred to as the "Interests"), to wit: (a) All the interests in oil, gas and other minerals, wherever situated, presently owned by Assignors, which interests include, without limitation, interests in and to or derived under the oil, gas and mineral leases, other mineral leases and options to lease; all overriding royalty interests; all mineral interests; all production payment interests; all fee interests; all oil, gas and mineral servitudes; all oil, gas and mineral royalty interests; and all interests, of whatever nature, in the lands described in Exhibit "A" hereto (the foregoing interests shall hereinafter be referred as the "Property" or "Properties"), and which interests include, without limitation, all oil, gas and other minerals in, on, produced (after the Effective Time) from or otherwise attributable to each Property, and all rights, easements, uses, profits a prendre, privileges, benefits and powers conferred upon the owner of each Property with respect to the use and occupation of the surface of, and the subsurface depths under, the land covered by such Property which may be necessary, convenient or incidental to the possession and enjoyment of the Property, except as specifically limited and excepted hereinbelow it being the intent of Assignors to convey to Assignees all of Assignors' interest in the Property whether or not correctly described in Exhibit "A"; (b) All of Assignors' right, title, interest, obligations, duties and estate in and to or derived under all properties and agreements, contracts and other fights incident to the Properties or lands pooled or unitized therewith, including oil, gas and product sales, purchase, transportation, exchange and processing contracts, casinghead gas contracts, division orders, operating agreements, balancing agreements, joint venture agreements, secondary and tertiary recovery unit agreements, farmout and farm-in agreements, commingling agreements, and all other contracts, agreements and instruments (including, without limitation, the benefits, obligations and liabilities of penalty provisions thereof and future interests, reversionary fights and deferred interests) and orders in any way relating thereto, which relate to any of the Properties, or to the production of oil, gas and other minerals from or attributable to the Properties, but only insofar as such contracts, agreements and instruments relate to either the Properties or to oil, gas and related products purchased or otherwise obtained by third parties; the recitations in specific descriptions that certain interests are subject to a specifically described agreement or interest shall not operate to 00590 subject any such interest to any such agreement or instrument except to the extent that such agreement or instrument is valid and presently subsisting with respect to such interest; (c) All of Assignors' right, title, interest and estate in and to or derived from the oil, gas, or mineral unitization, pooling and communitization agreements, declarations and orders relating to the Properties and the units created thereby (including, without limitation, all units formed under orders, regulations, rules or other official acts of any federal, state or other governmental agency having jurisdiction), which relate to any of the Properties, or to the production of oil, gas or other hydrocarbons from or attributable to the Properties; All of.Assignors' right, title and interest on all oil, gas and other minerals, wheresoever situated, presently owned by Assignors, or hereinafter acquired, but not described on Exhibit "A", it being 'Assignors' intent to convey all mineral interests owned by Assignors. TO HAVE AND TO HOLD the Interests unto Assignees, their successors and assigns, forever. Assignors hereby warrant title to the Interests by, through and under them but no others. In the event there is a conflict between the terms and provisions of this Assigmnent and the provisions of any statutory, judicial or regulatory orders, rules or regulations, or the p::ovisions of any agreements or other matters set out above, then except as set out herein, the terms of any such valid rules, regulations, orders, agreements or other such matters shall prevail, to the extent they are valid, enforceable and applicable to the properties. Assignors also hereby grant, assign and transfer to Assignees, their successors and assigns, to the extent so transferable, (a) the benefit of and the right to enforce the covenants, obligations and warranties, if any, which Assignors are entitled to enforce with respect to the Interests against Assignors' predecessors in title to the Interest and (b) full substitution and subrogation of all rights accruing under the statutes of limitations or prescriptions under the laws of the state of Wyoming. The parties agree to take all such further actions and to execute, acknowledge and deliver all such further documents that are necessary or useful in carrying out the purposes of this Assignment. So long as authorized by applicable law to do so, Assignors agrees to execute, acknowledge and deliver to Assignees all such other additional instruments, notices, division orders, transfer orders and other documents and to do all such other and further acts and things as may be necessary to more fully and effectively grant, convey and assign to Assignees the Interests conveyed hereby or intended so to be. Assignors, or Assignors and Assignees, have executed, or will execute, certain separate Assignments of individual oil, gas and mineral leases, or interests therein, which are included in the Interests for filing with and approval by the United States of America, State of Wyoming and other governmental entities and agencies. Said separate Assignments are, or will be, on forms prescribed or suggested by said governmental entities or agencies; evidence the conveyance and assignment of the applicable Interests -2- herein made and do not constitute any additional conveyance or assignment of the oil, gas, and mineral leases, lands or interests therein or herein described or any rights therein; are not intended to modify, and shall not modify, any of the terms, covenants and warranties herein set forth and are not intended to create and shall not create any additional covenants and warranties of or by Assignors to Assignees; and shall be deemed to contain all of the terms and provisions hereof, as fully and to all intents and purposes as though the same were set forth at length in said separate assignment. Said separate Assignments and this Assignment shall, when taken together, be deemed to constitute the one conveyance and assigmnent by Assignors of the applicable portion of the Interests, as hereinabove set forth. This assignment, insofar as it pertains to those of the Interests as to which said separate Assignments have been, or will be, executed for filing with and approval by the United States of America, State of Wyoming, or any other governmental entity or agency, are made and accepted subject to the approval of appropriate governmental entities and agencies as to the terms of such approval, if and to the extent required by law. Assignors may be the owners of, and intend to assign to Assignees, certain interests in oil, gas and mineral leases falling under the jurisdiction of the United States of America, State of Wyoming, or other governmental entities and agencies and for which no separate form of Assignment is prescribed or suggested. To the extent that a single Assignment document is permitted by law to transfer rights to such interests, the parties intend that this 'Assignment constitute such Assignment document. This Assignment shall bind and inure to the benefit of Assignors and Assignees and their respective successors and assigns. EXECUTED this J~,~'"~'~ay of c'---~-~~, 2005, to be effective for all as of the Effective Time. (,~ purposes ASSIGNORS: OWEN P. MILES, JR. MADELYI~L. MILES ACIxqNOWLEDGMENT STATE OF FLORIDA ) ) SS. COUNTY OF &~--~--- ) The foregoing ASSIGNMEN~r~,, oCfONV~_~was acknowledged before me by Owen P. Miles, Jr. on this ~ day ,2005. Witness my hand and official seab Notary Public My commission expires: ~ ~My comm. expires June 3, 2008 [~ No. DD 314750 -3- 00592 STATE OF FLORIDA ) )ss. COUNTY OF /~-~ ~- ) The foregoing ASSIGNMENT AND CONVEYANCE was acknowledged before me by Madelyn L. Miles on this o3~:,'r~/day of ~'~---~ ,2005. Witness mY hand and °ffic~e~~ ~ Notary Pubhc My commission expires: otary Public, State of Florida comm. expires June 3, 2008 .,"Jo. DB 314750 -4- AFTER RECORDING PLEASE RETURN TO: HARRY B, DURHAM, III .... OHIO OIL OFFICE BUILDING ].59 NORTH WOLOOTT, SUITE 200 CASPER, WYOMING 82601 '00595 EXHIBIT "A" Lincoln County Property Shute Creek Unit Fed. Lse. W SEC 30, 31~ T 26 N R 112 W Paid by: Merit ~Energy Co. 13727 Noel Rd., Ste. 500 Dallas., TX' 7~2~.0 Owner No'. 61861 Madelyn Miles Paid by: Westport 0il& Gas CO. 1670 Broadwey, Ste. 2~00 Denver, CO 80202 0~¢~er No. 81039 Madelyn Miles. Well -#So-31