HomeMy WebLinkAbout914161
RECEIVED 12/5/2005 at 12:07 PM
RECEIVING # 914161
BOOK: 606 PAGE: 648
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
'.... n /;> II 8
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PRODUCERS 88-PAlD UP
Rev. 5-GO, NU.-2 - 8pt.-Amended
OIL AND GAS LEASE
ACiIŒEi'dENT, Made and entered into the ----.!.?~__ day of _t!-"'I'~~l1ber
,20~, by and between Frank A. Mau, a married n!~\Jl ùealigg
in his sole anù separate property
\Vhose post oftìce address is 29165 Preakness, Borne, TX 78006
, heréinafter called Lessor (II hether UJIl; or n"H e) and
Zcnergy, Inc., whose post office address is 1202 East 33rd Street Tulsa, OK 74105, hereinafter called Lessee:
WITNESSETH, That the Lessor, for and in consideration of Ten and I1Inre ($10..0.0+1 DOLl.ARS cash ill hand paid, the recdpt of which is hereby
acknowledged, and the covenants and ,¡greements hereinafter contained, has granted, demised, leased and let, and by these pr"sents does grant, demise, lease alld let
exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for th': pllfpose of mining, exploring by geophysical amI other methods, and
operating for and producing therefrom oil and all gas of whatsoever nalUre or kind, with rights of way and easements for laying pipe lines, and erection of structures
ther.:un 10 produce, save and take care of said products, all that certain tract of land siluated in the County uf Lincoln, Stale of Wyoming, described as follows, to-
wit:
Township 20 North, Range 115 West, 6th P. M.
Section 6: Lots 1(31.12),2(31.11),3(31.10),4(32,85),
5(42.04),6(41.95), EI/2SWI/4, NW 1/4 SEI/4
Township 21 North, Range 115 \Vest, 6th P. M.
Section 34: SE I/.¡ SW 1/4, and that part of the SE III lying South of the
centerline of [he Oregon Short Line Railroad Company
1.-'
and containing 468.51 acres, more or less.
I. It is agreelÍllïãtlfils lease shall remain in force for a term of five (5) years from Ihis date am! as long thereafter as oil or gas of whatsoèvtr nature or kinû is
productll fmm said leased prenlises or on acreage puoled therewith, or drilling uper'llions ar" cOIHilllled as Ilcreinarter provided. If, at the expiratiun of Ihe primary
term of this lease, oil or gas is not being produced on the leased premises or 011 acreage pooleû therewith hUI Lessee is Ihen engaged in drillillg or re--working
operations thereon, then this lease shall continue in force so long as operations are beillg continuously pmseculed Oil Ihe leased premises or on acreage pooled
therewith; and operations shall be considered to be colllinuously pruseculed if Ilot more Ih<ln Ilim:ly (90) days shall elapse bttweell the CDlllpleti¡\n or ahamJ¡,llIlIellt or
one well and the beginning of operations for the dnlling of a subsequent well. If ¡Ifter discovery of oil or gas on said land or on acreage puoled thert\l'lIh, the
pmductionthereof should cease rmm any cause after the primary tam, this lease shall nOI terminate if Lessee corumences addilioual drilling or re-working uperatiuns
within ninety (90) days from date of cessation of productiun ur from date of COlllplelion of dry hole:. If oil or gas shall be discuvered and produced as a result of such
opera lions al or after the expiration of the primary term or IJlis lease, this lease shall cOl1linue in rnrce sn J¡jng as oil or gas is pruduced frolJl Ihe leased pren1Ìses or on
acreage pouled therewith.
2. 'I his is a PAID-UP LEASE. In consideration of the down cash payment, Lessor agrees that Lessee shall not be obligated, except as otherwise pruvided herein,
to conunenœ or continue any operations during the primary term. Lessee lJlay at any time or times during or aner Ihe primary ieI'm surreoder this lease as 10 all or
any portion of said land and as to any strata or stratum by ddivering to Lessor or uy fllillg for record a release or releases, ami be relieved or all obligation tbereaner
accruing as to the acreage surrendered.
3. In consideration of the premises the said Lessee covenants and agrees:
Isl. To deliver to the credit of Lessor, free of cost, in the pipe line to which Lessee may connect Iwlls on said laod, the equal one-eighth (liS) part or all oil
produc"d and saved from the leased (Jr"mises.
2nd. To pay Lessor one-eighth (lI8) of the gross proceeds each year, payable quarterly, ror the gas from each well where gas unly is found, while the salJle is
being used off the premises, anel if us.:d in the mannfacture of gasoline a royalty of oue-eighth (lI8), payable lJlunthly at the prevailiug IIlarktt rale I'jr gas.
3rd. To pay Lessor I,) ' gas produced from any oil well alld used off the premises or in the manufacture of gasoline or any olher product a royalty of one-
eighth (liS) of th" prlK'eeds, at the moulh uf the well, payable IlIulIthly at the prevailing markd rale.
4. Where gas from a well capable of producing gas is nut suld nr us"d, Lessee may pay e,r t"nder as royally to th" royalty U'-I'nel.s One Lh,llar per year per net
royalty acre retained her"under, sueh payment or tender to be mad" on ur bel' Ole the anniversary date of this kas" next ensuing afler the expiralion of 90 days frum
tile ¡Jat" such well is shut in and thereafter un or udLHe the anniv"rsary date of this kase during the period such well is shut in. Lesse,,'s failure to payor lender, or
properly payor tender. any such sum shall render Lessee liabl" for tbe amount due but it sball not operate to terminate this lease.
5. If said Lessor uwns a less interest in the above d"scribed land than the entire and undivided fee simple estale tbercill, then the royalties (including any shut-in
gas royally) herein provided for shall be paid the Lessor only in the proporlion which Lessor's interest bears to Ihe whole and undivided fe".
6. Lessee shall have [he right to use, free of cost, gas, oil and water produced on said land for Lessee's operation thereulI, except water from the wdls of Lessor.
7. Whell r"quested by Lessor, Lessee shall bury Lessee's pipe line belt)\\' plow depth.
8. No wdl shall be drilled nearer than 200 feet to the house or barn now on said premises without the written cunsent of lessor.
9. Less(;(; shall/Jay for damages caused by Lessee's opnations to growing crops on said land.
iO. Lessee shal have the right at any time to remove all machin"ry and flxtur,', placed on said pr"mises, including [he righllO draw and remuv" casing.
II. The rights of Lessor and Lessee hereund"r may be assigned in whole or in parI. No chang" in uwnership of Lessor's inler"st (by assignment or olherwise)
shall be binding on Lessee until Lessee has been fUflljshed with notice, cnnsisting of cerlili"d copies of all r(;conltd instrunlenLs or documents and other inl'Hïnation
necessary tu establish a complete ehain of recurcl titl" from I.essor, and Iben only wilh respt:u lu pay men IS Ihereafter made. No olher kind of IH)[iee, wh"lher actual
or conslructive, shall be uinding on Lessce. Nu present or future division uf LessiJr's oWllership as 10 differt:nt pOrliiJns or parcels of said land shall operale to
enlarge the "I,ligalions or diminish the rights of Lessee, and all Lessee's operations IlIay be conducted withuut regard to any such division. If all or allY part iJf this
lease is assign"d, no Itasehold owner shall be liable fnr any act or omission of any other "'asehold own"r.
12. Lessee, at ils option, is hereby given the right and power at any time and from time to time as a recurring right, .:ither before or al't"r prmluctilHl, as to all or
any part of the land described herein and as to anyone or more of the formations hereunder, tiJ pool or unitize the kasebiJld estale and the mineral eSlale covered by
this lease with oth"r land, lease Dr leases in the immediate vicinity for Ihe production of iJil and gas, or s"paralely for the prl,ductiun or either, wh"n in Lessee's
judgment it is necessary or advisable to do so, and irrespective of whether authority sirnilar to this exists with respect to such olher land, lease or leases. Likewise,
units previously fLHmed to include formations not producmg oil or gas, may be reformed to exclude such non-producing formalions. The ¡;'Iming m ref')fI!ling of any
unit shall be accomplished by Lessee executing and liling of record a declaration of such unitizalion or refurmaliun, which ¡kc"'ratiun sk'¡l describe Ihe unit. Any
unit may include land upon whiLh a well h'ls th"retofore been complded or upun which up"rations fur drilling have Iherttol,)[" been c,) nmenced. ProduClilJll, drilling
or reworking operations or a well shul in for want of a market anywhere on a unit which incllJllts all or a pan of this Itas" shall ht: Ireated as if it were pI\lductiun,
drilling or reworking operations or a well shut in for walll of a market under this Itase. In Iku of the royalties elsewhere h"rein specifkd, including .shul-in gas
royallies, Lessor .shall receive on production from the unit so pooled royallies unly on the pmtion ofsucll production allocat"d to this lease; such alk,calÌ\l11 shall be
that proportion 01. the Ullll pro.ductlon that the total number of surface acres covered by tillS kase and IIIcluded III .the unll bears to Ihe total number 01 surface acres In
such umt. In additIOn IO the toregolllg, Lessee shall have Ih" fight to unlllze, pool or COll1bllle all or allY part 01 Ihe above descflhed lands as to one or 11101 c 01 the
formations thereunder with oth(;[ lands in the same general area by entering into a cooperalive or unit plan of developmenl or "pdalion approved by any
governmental authority and, from time to time, with like approval, to mlJdify, change or terminate any such plan or agr"ement and, in such event, th" terms,
cunditions and provisions of Ihis lease shaH be deemed modltl<:d 10 conform to the lefl115 , condilions, and prul'isions of sucÌl appruved ['"operative or unil plan of
devdopm"nt or operation and, particularly, all drilling and development requirements of this ledse, express or illlplied, shall ue satislÏed by C<ilnpli;ul.:C wilh Ihe
drilling and devdopment r"quirements of such plan or agr"ement, anti this lease shall not terminal': or expire during the lire of such pleUI ur agrecment. In the eveilt
that said ahove described lands or any part Iher"of, shall hereafter be operated unda any such cooperative or unit plan of clevelupnll.:nt or operation whereby Ih"
produclionlherefrom is allncated 10 difkrent portiuns of the land covered by said plan, then theJ1roduclion allocaled to any particular tract of land shall, ¡"r the
purpOse 01 computmg the royalties to be paid hereunder to Lessor, be regarded as havlllg been pro uced frolll Ihe particular tract of land 10 which It IS allocato:d and
not 10 any other tract of land; and the royalty payments to be mad" hereunder to Lessor shall be based UpOIl pnxluction only as so allocated. Lessor shall IÙrmalty
express Lessor's consent to any cooperative or unit plan of development Dr operaliun adopted by Lessee and approved by any goverl1lllental ag.:ncy by execulillg th.:
same UpOIl request of Lessee.
13. All express or implied covenants of this lease shall be subject to all Federa! and State Laws, Executive Orders, Rules or Regulations, and this leas" sball not
b" terminated, ¡nwhole or in part, nor Lessee held liable in damages, for failure to comply Iherewith, if compliance is pr"venl"d by, or if such failure is the r"sult ufo
any such Law, Order, Rule or Regulation.
14. Lessor h"reby warrants and agrees to defend the title tu the lands herein described, and agrees that Ihe Lessee shall have Ihe right at any lime to redeeul for
Lessor, by payment, any mortgages, taxes or otber liens nn Ihe above descriued lands, in the event of default of payment by Lessor and he subrogated 10 Ihe righls of
¡he hlJlder thereof, and the undersigned Lessms, I,)r themselves and their heirs, succeSSlJfS and assigns, herel,)' surrender and release alt right of dower and
homestead in the premises described herein, insofar as said right of dower and homestead may in any way affect the purposes for wbich this lease is made, a., recited
herein. Lessor agrees to "xecute such further assurances as ma)' be requisite flJr the full amI complete enjoyment of the rights herein granted.
15. Should any ~ne or mor,~ of the ,parties herein;lbove named as Lessor fail to l'xecute this lease, it shall nevertheless be l,inding upun all such parties who du
execute n as Lessor. fhe word Lessor, as used In tillS leas", shall mean any une or mlJfe lJf alt 01 the parties who execute this least: as Lessor. Allth" pmvlslons 01
this lease shall be binding on the heirs, SUCC(;SSDfS and assigns of Lessor and Lessee.
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IN WITNESS WHEREOF, The said first party has signed and sca]eclthese pröcl1ts the clay and year
first above wri!.ten. Signed, sealed and c1eliverc:d in presence of:
i~ø[ ¿ kj -
..- ~-'. .,ç;':-fj -,·j---FW_r'l~V]. ~J..-\ / -c /' r.J ,)t...,(~<:....--~.
f gnature of W· I . SS ( Signature of First Party
CJ7.JstJJ(J rr~llU 1"\. AJ.fX/L,(/f)IJ!:_____Ec\!l¿~i~,~___
Print name of Witness Print name of First Party
Signature of Witness
Signature of First Party
Print name of \Vitness Print name of Fi!'.st Party
State of /¡j e U a..J C.Á.......---}
Coul1tyof Cia V'/G ß./'
~~~earel' C·f- ! c~ ftV before me,
persona]]y known to me (or proved to me on the basis of satisfactory evidence) I() he the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executedlhe
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon þeha]f of which the person(s) acted, executed the instrument.
wrDs~.~. 1.1and ~1l1c1 .-f(-a.···. âTSè~/t
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Signature of Notary
Stale of
County of
On
appeared
personaJly known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknow]edgedto me that he/she/they execuledlhe
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on tilt instrument the
person(s), or the entity upon behalf of which the persun(s) acted, executed the instrument.
WITNESS my h:md and official seal.
~ . i.' Ail.
Affiant Known
Type of ID __
Produced ID
D.C. ELLlOn
Notury fublic Slulc of Nevada
No 98-0120-'
oppl. IÓXP. Jon. 8, 2006
(Sea])
before me,
Signature of Notary
Affiant _Known_Produced TD
Type of lD
(Seal)
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Signature uf PrepareI'
Print Name of PrepareI'
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Addrc:-,s of Preparer
P¡¡ge 2
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16. AnYlhin~,to lhe contrary herein no[wi[hstanJin~, if Lessor owns a greater i/ller"st in the lands described than is pnrported 10 be kased hereby or IIt,:rëafter
acquIres any addltlOnallllteres( or IIlle In the lallds descnbëd, lhelllhlS lease shall COVèr such greater or addHlonal afrër~acqlllred Interest or 11I1e, alld Lessor agrees to
giv.: L.:ssee wrillen notice of any such acquisition as soon as th.: same is made, in which event the royalties payable to Lessl)r shall be inuL'ased prnportionatdy.
IN WITNESS WHEREOF, this illstfllmellt is executed as of the date ¡irst above wrillen.
-'7
_¿.)/l- (,../'v ,.L /3_ In ~_~
Frank A. Mau, a married man dealing in his sole anel
separate property
STATEOF~~
COUNTY OF ~tJ~
)
) ss.
)
IND£V1DUAL ACKNOWLEDGf\1ENT
BEFORE ME, the undersigned, a Notary Public. in and for said County and State. on this a/I tt6.lay of náJ2!]::,{HV1A)
2005, personally appeared Frank A. Mau, a married man dealing in his sole and separate property
to me
known to be the identical person described in and who executed the within amI foregoing instrument of writing and acknowledged
to me that he
duly executed the same as his
free and voluntary act and deed for the uses and purposes tht:rein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written.
My Commission Expires:
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NOlary Public ._. . g. .
Address: //5 W· ¿(ÿycth~UJfUU / -f
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>'(~(~';f,,) NOTAI\VPU?;iC STATE OrT~XAS ~
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._ $" >'~~:2"'".., /1.tj~~:;t.j,::·.;'r. ~¡~:: ::..;1,:1:-;;8., ,L
STATE OF
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) ss.
INDlVIDlJAL ACKNOW LEDGf\lENT
COUNTY OF
BEFORE tvfE, the undersigned, a Notary Public, in and for said County amI State, on this _ day of _~___. 2005,
personally appeared
, to me known to be the identical person described in and who executed
the within and foregoing instrument of writing and acknowledged to me that,
voluntary act and deed for the uses and purposes. therein set forth.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my notarial seal thl.: day and year last above written.
duly executed the same as
free and
My Commission Expires:
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Notary Public
Address :
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STATE OF
COUNTY OF
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ACKNOWLEDGl\IENT (For use by Corporation)
On this __ day of
, 2005. hefore me persona]]y appeared
, to me personally known, who, being by me duly sworn, did say that he is
~~__~____ and that the foregoing instrllment was signed in
the President of
~--
behalf of said corporation by authurity of its ¡;JoardQf Directors, and said
instrument 10 be the free act and deed of said corporation.
_.~~
_ acknowledged said
When
Antclupe Lane! Services, II ,C, P. O.
, K¡llib,ill, Nt:hraska m 145,
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TOP LEASE ADDENDUM TO OIL AND GAS LEASE
Attached to and made a part of that certain Oil and Gas Lease dated November 15,2005, by and between Frank A. ¡\[au,
a married man dealing in his sole and separate property, as Lessor (whether one or more), and Zenergy, Jnc., as Lessee
(whether one or more), covering the following described lands located in Lincoln County, Wyoming, to-wit:
Township 20 North, Range 115 West, 6th P. M.
Section 6: Lots 1(31.12),2(31. I 1),3(31.10),4(32.85),
5(42.04),6(41.95), EI/2SW\4, NWI/¡SE\4
Township 21 North, Range 1 IS West, 6th P1>.1:
StLtion 34: SE \4 SW \4, and that part of the SE \~ lying Suulh
of the centerline of the Oregon Short Line
Railroad Company
Lessee's right, title and interest under this Lease (hereinafter referred to as "Top Lease") shall vest immediately; however,
rights of entry and possession shall be subordinate and subject to an Oil and Gas Lease dated March 12, 2006, and recorded
in Book "t68, Page 091 of the Oil and Gas Records of Lincoln County, Wyoming (hereinafter ealh:d "Base Lease"), the
primary term of which expires March 12, 2006. Lessor herein covenants and agrees not to extend, renew, amL'nd or modify
the Base Lease at any lime on or before its expiration or termination.
Notwithstanding anything to the contrary herein, the primary term of this Top Lease shall cummence un the c;¡rlier of the
following events:
a) The recording in Lincoln County, Wyoming, of a full n:lèase or partial release of the Base Lease as to all or any
part of the acreage covered therein; or
b) The expiration or termination of the Base Lease as to all or any part of the acreage covered therein; or
c) If the primary term of the Base Lease is extended as a result of drilling or reworking operations being prosecuted
uncleI' the terms therein, then the effective date of this Top Lease shall be the date of expiration of the primary
term of the Base Lease as extended by drilling or reworking operations.
Otherwise, the said Top Lease shall terminate and be of no fUrlher effect.
Should the Base Lease, as cited ahove, be extended beyond March 12, 2006, as a result of production being obtained, as
defined therein, or by drilling or reworking operations being prosecuted under lhe terms therein, and if the Base Lease shall
still be in effect as of November IS, 2009, a time which is not more than four years rrom the date of this Top Lease, then
this Top Lease shall terminate and be of no effect.
The provisions or the Top Lease and this Addendum sha1l be binding on the partit.'s herda, their heirs, Sllccessors, legal
representatives and assigns.
Signed tì)f Identification
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Frank A. t\1au, a married man dealing in his sole
and separate jJro)Jeny