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HomeMy WebLinkAbout914188 PRODUCERS 88-PAID UP Rcv. 5-60, No.2 (CBC) RECEIVED 12/5/2005 at 2:55 PM RECEIVING # 914188 OIL AND GAS LEASE BOOK: 606 PAGE: 73' JEANNE WAGNER LINCOLN COUNTY CLERf<, KEMMERER, VVY This Oil find Gas Lease ("Lease") is made this 21 sf day of--'.-\pril, 2005, by and het ween Suzanne Elizaheth Champlin, a sin1!le women, whose address is 10300 W. 62'"1 Place, Apt. 201, Af\'ada, CO 8000-1 ("Lessor", whether one or more) and I.aramide Exploration, II.C, a Colorado limited liabilitl' company ,whose address is 21390 East Progress Place, Centennial, CO 80012 ,("Lessee"). \\'ITNESSETII, For and Considl'ration of TEN DOLL\RS, the covenants and agre(;ments contained herein, and oth('r good and valllahle consideration the reedpt and suftieiency of which 'Ire herehy ad,"ow ledged, Lessor docs hen'hy grant, demise, kase and Id exdusivcJy OlltO said Ll'Ssee, \I ith the exclusi\'l' rights fur the purposes of mining, exploring by geophysical and other mtthods and operating for aud producing therdJ"Um uil and all gas of whatsoner nature nr kind (inl'luding coalhed gas), and la)'ing pipelines, telephone and telegraph lines, huilding tanks, plants, power stations, roadways alld structnres thereon to pmduce, save and take care of said IJfodnl'ls (including de\l atering of coalhed gas lI'ells), and the e,\l'IlIsive surface 01' snhsllrface rights and privileges rdated in any manner to any and all sllch operations, and an) and all other rights and privileges neCl'ssary, incidenl to, 01' conl'enient for the open¡tion alone or conjointly with neighboring land for such pnrposes, all that ce 'tain tract 01' tracts of land situakd in Lincoln COllnty, \\'vomil~, desl-rihed to wit: TOWNSHIP 19 NORTH, RANCE 118 WEST, 6'h P.I\I. Section 28: N/2S/2 )0 · (i l t and containing 160.00 acres, more or less (including any inll'rests therein which Less(Jr may hereinarter acquire I,y .'n·ersion, preseription or othenlÍse)(the "Pn-mises"). In audition tll the ahove deseriheu land, this lease and the term "Premises" alsneovcrs acen·tions and any small strips III' pareels of land nilII' or hereafter owned by Lessor II hieh arc contignons or adja('ent to the ahove-mentioned land, and in eonsideralÎon of the aforementionl·d ('ash bonus, L.essor agrees to eXl',nte at Ll'ssre's request any adtlitional or suppl('mental instruments for a more eomplele or a('euratl' description of th(' lantl so covered. For the purpose of determining the amount of any rentals and shut-in royalties hereunder, the uumher of gross aeres ahon specilied shall be deemed ,orrert, whether actually more or less. 1. It is agreed that tltis Lease shall remain in full force for a term of Five (5) years from tlte effe('tivc date Itereof ("Primary Term") ¡¡nd as long thereafter as oil or gas of whatsoever nature or killd is produced from the Premises or on arreage pooled or unitized therewith, or operations are continued as hereinafter provided. If, at the l'xpiration of the Primary Term, uil or gas is not heing produeed from the Pre,nises or on al'J"eage pooled or nnitized therewith hut Lessee is then engaged in drilling, reworking or dewatering operations thereon, th"n this Lease shall eUlltinul' in force so long as such operations are being continnonsly prosecnted. Operations shall be considered to he continuously prosl'l'utetl if not more than ninety (t¡{)) days shall elapse hetween the completion or abandonment of one well anti the heginning of operations for the drilling of a subsl'lluent well. If after disconry of oil 01' gas on the Premises or on acreage pooled or nnitized therewith, the prodlll·tion thereof should ccase from any calise after the printary term, this Lease shall nut terminate if Lessee commences additional drilling, reworking or dewatering operations within ninety (t¡{) days fronl date of n'sS:ltion III' production or from date of completion of a dry hole. If oil or gas shall he discovered and produ('ed as a resnlt of such operations at or after the e.\piration of the Primary Term, this Lease shall eonlÎnue iu force so long as oil or gas is produn'd from the Premises or on acreage pooled or unitized therewith. 2. This is a PAID-UP LEASE. In consideration of the payment made herewith, l.,'ssor agrees that Lessee shall not h(' ohligated, except as otherwise provided he.'ein, tu commence or continue auy operations dnring the primary term, Lessee may at any time 01' times during or after the Priu(;lr) TenH surrender this Lease as to all or any portion of the Premises anti as to any strata or stratum, hy delivering to l.essor or hy jjJing for reeonl a 'elease or releases, ¡¡nd be relieved of all obligations thereafter accruing as to the al'J"eage surrendered. 3. Lessee cOl'Cnants ¡¡ntl agrees to pay royalty to Lessor as follows: (a) On oil, to deliver to the eredit of Lessol·, free of eo,1 in the pipeline tu which Lessel' IWI) conned \I ells on the Premises, the 'qllal OJll'- eighth (1/8Jh) part of all oil produced and saved from the P.'emises. (b) On gas of whatsoever natu.'e or kind, ineluding coalbed gas and other gases, Ii'tuid hydro(·adJOns and their respective constituent elements, casinghead gas or other gaseons substances, prodlJl"ed from the Premises ("Gas") Ll'ssee shall pay, as royalty, oJll'-eighth (1/8''') of the net proceeds realized by Lessee from the sale at the well. (c) On product produced fmm the Premises Lessee shall pay, as royalty, one-eighth (118''') of the lIet proeecds realized by l.(;sse:' frollllhe S~dé a~ the weB. -1-« 4. Where Cas from a well capable of pmducing Cas (or fmm a well in II hich dl'lIatering operations have comm('nn'd), is not sold or nsed after the expiration of the Primary Term, Lessee shall payor tender as royalty to Lesso.· at the address set forth above One Dollar (i)l.U{) per year per n('( ¡¡¡illcral acre, such paymellt or tender to be made on or before the anniversary date of this Lease next ensuiug after the expiratioll of nillety (90) days froln th,' date snch well is shnt in or dewatering operations arc commenced and thereafter on or before th,' anniversary date of this Lease dnring the period such \I ell is shut in or dewatering operations are heing condlleted. 5. If Lessor owns a lesser interest iu the Premises than the entire and undivided fee simple estate tlI('rein, theu the royalties (inelndiug any shot-in gas royalty) herein provided for shall he paid Lessor only in the proportion which Lessor's intercst bears to the whole and undivided fee. 6. Lessee shall han the right to nse, frec of cost, Gas, nil and water prodnCl'd on the Prcmises for Lessee's operations IlIerenn, eXCl'pt \later from the wells of Lessor. 7. When requested by Lessor, Lessee shall hury Lessee's pipl'line helow plol\' depth. 8. No well shall he drilled nearer than 200 feci to the house or baru uow on the Premiscs "ithout written conseut of Lessor. 9. Lessee shall pay fo.· damages caused hy Lessee's 0IH'rations to growing crops ou tbe Premises. 10. Lessee shall have the rigllt at any time to fCmovc all machinery and fixtures (including casing) Lessee has plac('d on the Premises. 11. The rights of the Lessor aud Lessee hereunder m¡¡y be assigned in whole or part. No change in oWllership of Lessor's illtercst (h) as.sigumellt 0.' otherwise) shall he hinding on Lessee until Lessee has been furuished with notice, consisting of certified copies of all recorded instru'JIl:nts or dOl'uments and other iuform¡¡tion uecessary to estahlish a complete chain of record title from Lessor, and then only with resped to paY"ll'nts tllerearter made. No othl'r kind of notice, whether actual or constru('(ive, shall be binding on Lessee. No preseut or future division of Lessor's owuersllip as to diff('rent portions or parcels of the Premises shall operate to ('nlarge the obligations or diminish the rights of Lessee, and all Lessee's operations may be cnnducted without regard to any such division. If all or any p,¡rt of this Lease is assigned, no leasehold owner shall be liahle for any act or omission 0 I' allY otller (¡-asehold owner. 12. Lessee, at its option, is hereby given the right and power at auy time and from time to time as a recurring right, either before or after production, as to all or any part of the Premises and as to anyone or more of the formations thereunder, to pool or unitize the leasehold estate and the miueral estate covered by this Lease with other land, lease or leases in the inllllediate vicinity for the produ('(ion of oil aud gas, or separately for the produdion of either, when in Lessee's judgment it is lH'cessary nr advisable to do so, and irrespedive of II hl'ther aothority similar to this exists with I'l'sped 10 such other land, lease or leases, Likewise units previously formed to include formations not producing oil or gas, may he reformed to cxclnde such uon-produC'Íng form¡¡tions. The forming or reforming of uny nnit shall be accomplished by Lessee executing and filing of record a declaration of snch unitization or refonllation, which del'laration shall deserihe the nnit. Any unit may inclnde land upon which a "ell has tlleretofore been compil-Il'd or upon which operations for drilling have the.'etofore been conllneneed. Production, drilling, reworking or dewatering operations or a \I ,,11 shut in for wanl of a nlarket anywhere on a unit which inclndes all or a part of this Lease shall he treated as if it 1\'C,'e prodnetion, drilling, reworking or dewateJ'Ìng operat;"", "r a well shut in rOJ- want of a JlIad.:l't U!H1Cf this L~a:;(·. II~ li~,; of ¡L~ i-ûyaHi-:~; dscwÏlcrc Ju..Tciu specified, iJltludillg shut-in gas royalties, Lessor shall rCI.:t:ívc ruyalties on production from such ullit outy on the portion of such production "lIoc"ted to this Le;¡sc; such alloc,ilion shall be III"t I)¡'oportiun of the uuit produl'lion thaI thc total number of surfal'e acres cOl'ered by this Lease and induded iu the Unit bears to the totalnumher of surfal'e acres in sueh Unit. In addition to the foregoing, Lessee shall hal'c the right to nnitize, pool, or cOlnhine all or any part or the Premises as to one or more of the fonnatious Ihereunder \lith olher lands in the same general area hy entering into a cooperative 01' unit plan of development or operation approved by any gOll'romental alItbority and, frolll time to time, with like approval, to modify, change or terminate any such pbw or agreement and, in such nent, the tenlls, conditions and provisions of this Lease shall be deemed modified to conform to the terms, conditions, und provisions of such appron-d cooperatil'e or unit plan of development O ' operation and, paJ"ticularly, ull drilling and development requirements of this Lease, express or implied, shall be satistied hy l'olllpliauce with the drilling and development requirements of such plan or agrecment, and this Lease shall not terminate or expire during the life of such plun or agl'l'ement. In the ('Ient that the Premises or uny part thereof, shall hereafter be operated under any sueh "ooperative or nnit plan "I' devclopment or operation wherehy the production therefrom is allocated to different portions of the land covcred by said piau, then the produl'tioll allocated to any particular tract of land shall, for the purpose of computing the royalties to he paid herennder to Lessor, be regal'ded ¡¡S having been produced from the particular trad of land to which it is allocated and not to any other truct of land; and royulty payments to be made herennder to Lessor shall be b"sed upon productioll only as so allocated. Ll'ssor shall formally ,'x press Lessor's conseut to any cooperatil'e or nnit plan nf development or operution adopted hy Lessee and approl'ed hy au)' governmental ageucy hy executing the sume upon reqnest of Lessee. 13. All express or implied covenants of this Lease shalllH' subject to all Federalllnd State Laws, Execntive Orders, nules or Regullltions, a iii I this Lease shall not be tenninated, in whole or in part, no,' Lessee held liahle in damages, for failure to ('onlply therewith if l'"ulpli:!lIee is prevented hy, or if such failure is th(' result of, any sueh Lal\', Orde.·, Rnle or Regulation. An) delay or interruption caused by storm, !lood, act of Cod "r other cvent of forl'" (ajl'ure shall not be eonnted ugains! Lessee. If, dne to the above causes or any ,,!Use whatsoever heyond the control of Lessee, Lessee is pre\ ('IJil'd frolll condnding PRODUCERS 88·PA1D UP Re,. S-60, No.2 (CßG) .t. , .', ·1\ £ ~q , .:......J....~-J(J ,-. !,ì) nu' /:' "- i) . ~\.... operations hereunder, such time shall nut he counted ag¡¡inst Lessee, and this Lease shall be extended for a periud of time equal to tIle IÌlile Lessee \l'as so pre,ented, anything in this LeaSl' to the contrary not\l'ithstanding. 14. Lessor hereby agrees that Lessee shall ha,e the right at any lime to redeem fOI' Less(,,', by paymeut, any mortgages, taxes ur ulher liens Oil the Premises, in the e\'Cnt of default of payment b)' Lessor, and he submgated tu the rights of the Iwlder thereof, and the undersigned Lessors, for themsel\'l's and their heÌl's, successors and assigus, hereby surrcnder and rdease all right of dO\l'er and homesll'ad in the Premises, iusufar as said right of d()\\'('r and homestead ma)' in an)' \l'a)' affect the purposes for whkh this Lease is made, as recited hercin. IS. Should anyone or more of the parties nanled as Lessor hereiu fail to exeeulc this Lcase, it shall nel'erlhde" hc h¡uding ul,,)n all such parlies who do execute it as Lessor. The word "Lessor", as nsed iu this Lt'asc, shall mt'au anyone or lIIore or all of the parti,'s \l'ho C.\cl·ole Ihis Le,!se as L,·"ur. All the pmvisions of this Lease shall be binding on the heirs, successors and assigns of Lessor alld Lessee. IN WITNESS WH EREOF, this instrument is executed as of th,' date tìrst ,¡ho,e wrillen. Signature ~~'---::' . --~_' ....Jo.-~ - . -...J ...... ...~~--..l'--J Suzanne ElinllJeth CIì!tJnplin -,. \-~\::\ . . \\ ' L ~ "---_~j<:.j.- ~_~,-'--" .\Chi\()WLEDG~IENT ¡::& STATE OF ' ) I) -- ... ----------:--- §. INDl\' )U.\L COUNTY OF' i IÜ e. C·l. 1<.5 (For use iu all SI¡¡lcs) On this ~jj¿. +-Lday of /J2 ~~__._____ 2005, beforc me, Ihe uudersiglled NUI"I)' Public iu and lor s"id counly and slale, personally "ppeared Suzanne Flil.dwt.h Cham )lÎn. a ~in(lll' \\onu-n. kno\u} 10 me to b,~ th¡;: peb()I!(-,) \~ho~e Ildl11C(S) 15 'sub:::.cnb.:d In th..-: Il)r<,;g~)U1g IIL~tlllll1\:llt dlld ackIlO\;.l~g\;d th,11 the s.w}.: \\,1:) 1..:\.I.:Lukd .III,! ddl\ç¡çd a> Iholl Iree "".I 10111111,11) a,'1 for tho plllposes ¡l1erell1 sel lonl1 111 II 11110" II heleoll l1"roul1lo set my 11,111.1 and OfflCl,d se,¡1 .IS 01 Ilk d"k~I:lbO\" Sidled h'?'(~~~/ ( _ -- ~-._._---- NOlary Pllblic It)r Slate of rl-- r..-1y Commission Expires SEAL r7.. :""r.. . "'. ..... '''w,~;. ;::;~~"[.;·~'.·~.~A"'. R;- ~ l·~~é. N()b~V ¡~,:b!¡c· StaiB Qf Fk¡rlda ~ n , --- M,. c.ornm exolres AU[J. 30. 2005 L_~~J ."'~.,~~~~_ Rdicling At