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Home My WebLink About914189 PRODUCERS 88,PA1D UP Re\'. 5-60, No, 2 (CBG) RECEIVED 12/5/2005 at 3:00 PM RECEIVING # 9'14189 OIL AND GAS I.JEASE 8001(: 606 PAGE 733 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY This Oil and Gas Lease ("Lease") is made this 21't day of-'.\pril, 2005, by and bet\\'N'n Cynthia Lynne 'Vhitford, dealing in her sole and Separate property, \\hose address is 828 Spring Brook Drin" Bedford, TX 76021 ("Lessor", whether one or lIIore) and Laramide Exploration, LLC, a Colorado limited liability company, whose address is 21390 East Progress Place, Centennial, CO 80012 ,("Lessee"). WITNESSETH, For and Consideration of TEN DOLLARS, the co\'enants and agreements contaÎlt('d herdn, and other good and \'alllalde consideration the receipt and sut'licienc)' of which are hnehy acknowledged, Lessor does herehy grant, demise, lease and let e\clusinl)' unto said Lessee, with the e\l'Iusi\'e .-ights for the purposes of mining, exploring hy geophysical and other methods and operating for and producing therl'frtJm oil and all gas of whatsoe\'er nature or kind (including coalbed gas), and laying pip('lines, telephone and telegraph lines, building tanks, plants, power stations, roadways and structures tbereon to produce, sa\'e and take care of said products (including de" 'He.-ing of l'oalbed gas wells), and the exclusi\'e surface or subsnrface rights and pri\'ileges related in any manner to any and all sul'h operations, and an)' and all otber .-ights and pri\'ileges ne('('ssar)', Îllddent to, or cOllleuien! for Ihe operation alone or conjointl)' with neighbo.-ing land for sllch purposes, all that cel·tain tract or tracts of laud situated in Lincoln County, \\'\'ollliu~ described to wit: TOWNSHIP 19 NORTH_ RANGE 118 WEST ti'" Po!\!. Section 28: N/2S/2 <, 1 L( and cOlllaining ltiO.OO acres, more or less (inclnding an)' interests therein which Lessor may hereinafter acqnire by reversion, presc.-iplion or otherwise)(the "Premises"). In addition to the aboH describcd land, this Icasc and the' tcrm "Premises" also cO\('rs accrctions and an)' small strips or parcels of land now or hereafter owned hy Lessor which are contigllolls 01' adjacent to the abo\'e'nlentioned land, and in cunsideration of the afore¡('lIti(¡lIed ea,h bUIIIIS, I.e,sor agrecs 10 nccllte Ht Lcss('c's n'!ucst all)' additiollHI or supplrmclltal instrumcllts for H mllre complete or Hccurate desrript;oll "f thc IHnd so rOlen'd_ For Ihc purpose of dctermilling the anlOnnt of all)' rentals and shut,ill royalties hereonder, the number of gross acres al,ove s"ecilied shall be decllled correl't, II' h..ther actuall)' more or less. I. It is agreed that this Lease shall remain in full forre for a term of Fi\'e (5) )'('ars from thc effert;le date hcrrof ("Pdmar)' Tcrm") and as long there¡¡ftel" as oil or gas ofwhatsoC\er naturc or kind is produced from the Premises or on acreage pooled or unitized therewith, or (¡peratiolls arc continued as herCÎnafter pro\'ided. If, Ht the expiration of tbe ('rimHry Term, oil or g¡IS is not being pl'Oduced frolll the Premises or on acreage pooled or unitized therewith but Lessee is then engaged in drilling, rewurking or dewatering operations thereon, tben this Lease ,hall"ontinue in force so long as such openltiuns are being contilluously prosecuted. Operations sball be considered to be ("ontinuously prosecnted if uot lIIore than nincty (90) da)'s shall elapse between the completion or abandoument of one well and the beginning of operations for the drilling of a subsequcnt well. If after discovery of oil or gas on the Premises or on aCI'eage pooled or unitized therewith, the production thereof should cease from any eaus(' after the prima,'y (('rm, this Lease shall not teJïuiuate if Lessee commences additional drilling, reworking or dewatering opel'ations within ninety (90) days from dale uf cessation of productiuu or from date of completion of a dry hole. If oil or gas shall be disconred and produced as a result of such operations at or aner the espiratiou of thc Primary Term, this Lease shall continue in force so long as oil or gas is produced from the Premises or on arreage pooled or unitizcd then'witb. 2. This is a PAID-LIP LEASE. In consideration of the pa)'mcnt made hcrellith, L("ssor ag"ees that Lessee sll:lll uot be obligatcd, e\("ept as otherwise pro\'ided herein, to commence or continue any operations duriug the primary term. Lessee may at any time or times durillg u.- afte.- the Primary Term su.-render tbis Lease as to all 01" 'In)' pOI-tion of the P.-emises and as to any st.-ata or st.-atum, by deli, "ring to 1.cssor or by liling for r("cord a release or releases, Hnd be .-elieved of all obligations thereafter accruiug as to the aCI'eage surreude.-ed. 3. Lessee co\'enants aud ¡¡grees to pay royalty to Lessor as follows: (a) On oil, to deliver to the credit of Lessor, free of cost in the pipeline to which Lessee ma)' connee( wells on the ('remis('s, the eqllal one- eighth (J/8"') part of all oil produced and saved from tl(> Premises. (b) On gas of whatsoever natllre or kind, including ("oalbed gas and other gases, li,¡nid hydrocarbons and their rcspecti\'e constituent el('n]('nts, c.¡singhead gas or othcr gHS('OnS sllbstances, produccd fl"om the Premises ("Cas") 1.esscc shall pay, as rtJ)'alt)', one-eighth (lIg"') of the net proceeds realized by I èSSCl~ frollJ the "de at th,' well. (c) On product produced from the Premises Lessee shall pay, as royalt)', olle-eighth (118''') of the net proceeds realized by Lessee from the sale al the well. 4. Where Gas from a well capable of pruducing Cas (or from a well in "hich dewntering operatious have commenced), is not sold or used after the expiration of the Primar)' TeJïIl, Lessee shall payor tellder as royalty to Lessor at thc ¡¡ddress set forth aho\'e One Dollar ($1.00) per year pel' net mill('l'al acre, such payment or tender to be made on or befol'e the annivcrsary ,Lite of this Lease lIest ensuillg after the expiration of uinety (90) days from the d¡¡te such well is shnt ill or dewatering operations are commenced and thereafter on or beforc the anlli\'e.-sary date of this Lease during tbe period such wcll is shut ill 01' dewatL'ring operntions arc being conducted. 5. If Lessur owns a lesser illterest in the Premises than tbe elltire and undivided fee silllple estate th('rein, then the royalties (illduding an)' shut-ill gas ro)'alty) heI"Cin provided for shall he paid Lessor 0111)' in the proportion which Lessor's interest hcars to the whole and nndi,id('(! fec. 6. Lessee shall bave the right to usc, frcc of cost, Gas, oil and lIater produced on the Premises for I.('ss(:("'s 0pCJ'ations thcreon, c\cept \latcr from the wells of Lessor. 7. When requested by Lessor, Lessee shall bur)' Lessee's pipeliuc hrlow plow (kpth. 8. No well shall be drilkd nearer than 200 feet to the house or barunow on the Premises without written ('onsent of Lessor. 9. Lessee shall pay for damages caused by Less('e's operations to growing crops on thc Premises. 10. Lessee shall ha\'e the right at auy time to n'mOI'e all machinCJ'Y ¡¡nd thtures (including casing) Lessee has placet! on the Premises. 11. The rights of the Lessor and L('ssee hereunder may be assign('t! in whole or part. No change iu olloership of Lcssor's iuterest (by assignment or otherwise) sball be binding on Lessee nntil Lessee has beeo furnished \I ith notice, consisting of ('('rtincd ('opies of all reeon!ed instnllllents or t!o('umenls ¡¡nd other information necessary to establish a complete chain of record title from Lessur, and th('u ouly with respect to paynwnts thereafter made. No other kind of notice, whether actual or constru('til'e, shall be binding on L('ssee. i'~o prescnt or fnturc di\'ision of (,('ssor's o\lnersldp as to different portions or parcels of the Premises shall operate to cnlarge the ohligations or diminish the rights of 1.essce, and all Les"'e's operatious lIIay hc eondueted withont regard to any snch divisiou. If all or any part of this Lease is assigoed, no leasebold owner shall be liable for any act or omissiou of any other "'asehold owner. 12. Lessee, at its option, is hereby ginn the rigl,t and powcr at auy time and from time to time as a recurriug right, tither befure or after production, as to all or any part of the Premises and as to anyone or more of the fonnatious thereunder, to pool or uuitize the leasclwld ('state aut! the mincral estate covered by this Lease with other land, lease or leases in the immediate \'icinit)' for the prodnction of oil ant! gas, or separately for tbe produ('ion or either, when in Lessec's judgment it is necessary or adl'isable to do so, and irrespecti\'e of whcther authority similar to this exists with respect to sneh other land, lease or leases. Likewise units previously formcd to include formations not producing oil or gas, may be reformed to C\dnde sUl'h non-pr¡,du,-ing formations. The fonuing or reforming of any unit shall be accomplished by Lessee executing and tiling of record a dedaration of slleb uJliti,atiou or reformation, which dedaration shall describe the unit. Any nnit may include land upon whicb a well has theretofore be('n ('omplded or UPOII whicb opCl'ations for drilling ha\'c theretofore been commenee,!. Prodnction, drilling, rcworking or dewataing operatiolls or a well shut in fur want of a markd anywhere on a unit whkh inclndes all or a part of this Lease shall be treated as if it we're prodlldioll, drilling, reworking or dewatering op('rations or a well shut in for want of a market under this Lease. In lieu of tbe royafties elsewhere herein specined, induding shnt-in gas royalties, Lessor shall r('cei\'e royaltics on production fronl such unit only 011 the portio II of such productioll allocated to this Lease; SUdi aHoeatioll shall be that proportiulI of I¡.: unit production that the total nunlber of surface acres co\'ered by this Lease and ioduded iJl the Llnit bears to the totalllumber of surface aeres in such Unit. lu additioll to the foregoing, Lessee sball ha\'e the right to unitize, pool, or combine all or any part of the Premises as to one or more of the formatious tbereuud(-r with other lands in tbe same general area hy entering into a coopel'ati\'e or unit plan of denlopment or operation approved by any governmental autlwrit) and, from time to time, with like approval, to modify, change or terminate an)' snch plan or agreement and, in snch eveut, the terms, couditions and proYÏsions of this Lease shall be deemed modined to eonform to Ihe terms, conditions, and proYÏsions of such appro\'('d cooperati\'e or unit plan of de\'elopment or operation and, particularly, all drilliug ant! de\'elopmeut reqniremeuts of this Lease, express or impliet!, shall he satislied b)' eompliance \I ith the drillillg ant! de\'elopment nquiremeuts of snch plan or agreement, and this Lease shall not terminate or expire during the life of sueh plan or agreement. In ti,e e\'ent that the Premises or any part thereof, shall hereafter be operated under any sucb cooperatÎl'e or unit piau of develoJJJllellt ur operation \I h(·ft·b)' the prodne!ion therefrom is allocated to difrerent portions of the land co\'ered by said plan, then the production allo('ated to ~II')' partieular trad of land shall, for the purpose of computing the royalties to be paid hcreuuder to Lessor, be reganlcd as hal'ing b('en prodnced from the particular tract of land to w¡,ich it is allocated aud not to an.l olhel' tract of land; aud royalty paymeuts to he made hereunder to Lessor shall be based upon production only as so allocated. Lessor shall formally cxpress Lessor's consent to any cooperati\'c or unit plan of de\'elopment or operHtiou adopted by Lessee and appro\'('d hy any gOlcrnnll'ntal agency by execnting the same upon request of Lessee. 13. All express or implied co\'enants of this Lease shall be subject to all Fe,lt-ral and State Laws, Exec'util'e Orders, HuI('s or Regulations, alld this Lease shall not be terminated, in whole or in part, nor Lessee held liable in damages, for failun' to compl)' thercwith if eompliance is pre\'ented b), or if sll('h failure is the nsult uf, an)' such Law, Order, Rule ur negulation. An)' delay or illtcrruption eaused b)' stur"" lIuod, ad ufGo,1 or olhn ('\'ent of force majenre shall not be counted against Lessee. If, due to the ahove ('aoses or any cause whatsoever beyond tbe eOlltrol of Lessee, Less('e is prneJltet! 1'1'0111 ('oudUdiug \q PRODUCERS R8-PAID UP ReI'. 5-60, No.2 (CBG) . . \~;...j ,,~....;: - ~) .tr"~k I J ",' "'-C."'-J -",~·k-,~'-J''4. ! I{ '.' '1, I' II ',j ,) I ,~I '1 operations hCl"eunder, such time shall not be counted against Lessee, and this Le¡¡se shall be e\!ended for a period of time eqnal to the lime Lessee was so prcHnted, anything in this Lease to the eontrar)' notwithstanding. (.t. Lessor hereb)' agrees that Lessee shall hal'e the right at an)' time to redeem for Lessor, by pa)'ment, any mortgages, ta\es or other liens on the Premises, in the event of default of p¡l)'ment b)' Lessor, and be suhrogated to the rights of the holder thereof, and the undersigned Lessors, for thelllsdl'es and theil' heirs, successors and assigns, hel'eb)' surrender and release all right of dUller and homestead in the Premises, insofar as said right of dOlleI' and homestead ma)' in an)' way affect the purposes for whkh this Lease is made, as recited herein. 15. Should an)' one or lIIore of the parties nallled as Lessor herein fail to e\ecute this Lease, it shall nevertheless he bindillg upon all such parties who do e\eeu,,, it as Lessor. The word '"Lessol''', as used in this Lease, shall mean au)' one or 1lI(lre or all of the parties who ('\ecute this Lease as Lessor. All the provisions of this Lease shall be binding on the heirs, successors and assigns of Lessor alld Lessee. IN WITNESS WIIEHEOF, this instrument is executed as of tb(' date lirst above written. Sign¡¡tnl'e ~~' . ~ -----~- :\-~--------- ., .~ ~-~ , ~',"'i:"s~ .:::5S \ . ~) Cynthia Lynne Whit'ònP ACKNO\I'l.EnC~IENT '-V.,j I{\ STA TE OF --.--l CL)'-\-:? ) ··-n\.,i/ Ii? 1\1\ I-r ) COUNTY OF_LL::S:!':', '-J\ \j ._) §. I."I)II'II)[I.\L (Fllr USl' in all SlatèS) 011 Ihis _1-c:t.____d,,) ul' _.f1i) ~jL_____,_ ]005, bdì.,re me, the undersigned NOI"r)' Public in '"Id lor s"id L'UUIII)' and SI"le, pel,,,n,,lI) "PPl'<,,-ed Cl'lIlbia I \ nne Whitl'lIrd. dcalill" ill hcr s(¡f,' .lIul SC),II..te Ilrllpe. 1\, known 10 Ille 10 be Ihe pelSun( IsÂ)se n,lIne(si ,,>ulhellbed I" Ibe tOlegoing 111>IIUIll"lI, "",\ ",hlO\\ lodged 11I"llhe ,~ cxeculed ,111<' ddi\eled", Ihell fiee ,md VoIUIII",) oIct fOllhe 1"lIposes tllerem set Iì.)ilb I" \\III1Ci¿ll'Ieot I ¡)cLlI~~?/Ill) h,md ""~ otlìel,,1 S~'¡> orlb, d.d, Ilcl' 111,,11,,\ C >I"led /:~jf1{¡/C1tli7f[lfl- . -' ,----- / -é N" ,II)' rule 1'", SloIk lIt -U :)( It,.-> _ _ __ !-I) -3 10. 8ft L1il/2i¡;;iFjia /~; ¡- Rc.-siding AI ~J COmmIS,¡OIl Expires ¡) 2L! '7 / () 9 -nl /],)/1 ,'--; / ,~ IL1/=)L7 SEAL ANGIE SANDERS NOTARY PUBLIC STATE OF TEXAS My Canim. Exp. 02-17-09