HomeMy WebLinkAbout914746
RECEIVED 12/27/2005 at 11:55AM
RECEIVING"# 914746
BOOK 608 PAGE: 239
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
C
r~n')')~
'. " \. ~ .:..., '...J1
PRODUCERS 88-PAID UP
Rev, 5-GO, No,-2 - 8pl-Amended
OIL AND GAS LEASE
AGREE1v!ENT, Mad" and enkred into [he
2nd
day of D"cembcr
, 20 JJ~~, by amI between_~l1iam Ronalº-ºavisQI~ª-I.J.C! K'Ii!D~ell AJ1!~
Da.\'ison, h~!sbam! and wife
\Vhose post oftïee address is Box 60?, Kemmerer, WY 83 JCJ I
, hcreÍI¡;¡f"¡tr cailed Lessor (whether one OJ more) and
Zenergy, Inc., whose post oftìce address is One Warren Place, 6100 S, Yale Ave" Suite 1700, Tulsa, OK 74136, hereinaf[c:r calkd Lessee:
WITNESSETH, Tha[ the Lessor, for and in consideration of Ten 'Illd Blore ($10.00+) DOLLARS cash in hand paid, the receipt of which is hcreby
aekoowledged, and the covenants and agrèemeIHs hereinafter contained:haš granted-:¡rtnlised, leased and let, and by these preSètlts does gram, demise, lease and let
exclusively umo the said Lessee, O]e land hereinafter described, with the exclusil'e right for the purpose of mjning, èxploring by geophysical and other methods. and
operaling for and producing therefrom oil and all gas of whatsoever nalure or kind, wilh nghts of way and easemellls tÖr laying pipe lines, and erection of SlrLlc[ures
thereon to produce, save and take care of said products, all that certain tract of land situated in Ihe Coumy of Lincoln, St:lte of \Vyonllng, described as tollows. to-\\'Il:
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(4195), EI/2SW '/4 , NWI/4SE14
Townsbiº--lLNorth, Range 115 West, 6th P. 1\1,
Sec[Íon 34: SE 1)¡ SW y" and that part of the SE 111 lying South of the
centerline of the Oregon Short Line Raitroacl Company
See Attached Addendum
and containing 468,51 acres, more or less,
I It is agré¿:ô that this lease shall remain in force for a term of five (5) years from the dale established in tile Addendum attached haelo and as long thereafter as
oil or gas of whatsoeva nature or kind is produced from said leased premjses or un acreage pooled [herewith, or drilling operations are continued as hereinaftel
provided, If, al the expiration of the primary lerm of this lease, oil or gas is not being pruduced on the leased premises or on acreage pooled thtrewith but Lessee is
Ihen engaged in drilling or re-working operations thereon, then this lease shall continue in force so long as operations are being continuously pmsecutèd on [he leased
I'rèmises or on acreage pooled therewith; and operations shall be considered to be cuntlnuously proseculed if not more than ninety (90) days shall elapse between the
completion or abandunment of one well and the beginning of operafions for the drilling of a subsec¡uentwell. If after (jj,;eovery of oil or gas on said land or on acreage
pooled [herewith, the production thereof should cease from any cause after O,e primary term, this lease shall not terminate if Lessee connnenCèS addi[ional drilling or
rè-working operaliuns witlJin ninety (90) days from date of cessation of production or from date of completion of dry hole, If oil or gas shall bè disèO\ued and
produCèd as a result of such operations at or after tl]e expiration of the prinlary term of this leas..:, this lease shall cOJ1linue in force so long as oil or gas is produced
from the leased premises or on acreage pooled therewith,
2, This is a PAID-UP LEASE, In consideration of the down cash payment, Lessor agrees that Lesset shall not be obligated, except as [][herwise provided hère:in,
tl) cummence or continue any operations during the primary term, Lessee may at any tillle or times during or after the primary term surrender this lease as [0 all or any
portion of said land and as to any strata or stratum by delivering to Lessor or by filing for rècord a release or releases, and be relieved of all obliga[ion [hereafter
accruing as to the acr..:age surrendered.
3, In consideration of tht premises the said Lessee covenants and agrees:
1.1[, To deliver to the credit of Lessor, free of cost, in [he pipe linè to which Lessee n",)' connect wells un said land, the equal one-eigl1lh (118) part of.all oil
produced and ~;ìVtd from the lèased prenU$ês.
2nd, To pay Lessor one-eighth (liS) of the gross proceeds each year, payabk quarterly, fur the gas from each \I'ell where: gas only is found, wliile [he same is
being used uff [he premises, and if used in the manufacture of gasoline a royalty of one-eighth (118), payable nll1ntllly at Ihe prevailing market rate l'or gas,
3rd, To pay Lessor for gas produced from any oil well ane! used off the premises or in the manufacture of gasuline or ;my utlier product a royalty of one-eighth
(1/8) of the proceeds, at the mouth of the well, payable mU/JIbly at the prevailing markc:t rate,
4, Where gas from a well capable of producing gas is not sold or used, Lessee may pay ur tender as royalty to the royalty owners One Dullar per year per net
royalty acre rèlained hereunder, such payment lIr tender to be mae!e on or befure the: anniversary date of this lease next ensuing after the expiration of 90 days from the
date such well is shut in and therèafter on or before the anniversary date of this lease during the period such well is shut in, Lessee's failure to payor tender, or
properly [lay or lènda, any such sum shall render Lessee liable for the amount due but it shall nut lIperate to terminale this lease,
5, If said Lessor owns a less interest in thè above describe:d land than the entire and undivided fee simple estate therein, then the royalties (including any shut-in
gas royalty) herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bears to [he whole and undivided fee,
6, Lessee shall have the right to use, free lIf cost, gas, oil and watèf produced on said land for Lessèe's uperation thereon, except water from [hè wells of Le:ssor,
7, When requested by Lessor. Lessee shall bury Lessee's pipe line below plow depth,
8, No well sliall be drilled nearer than 200 feet to the house or barn now on said premises without the written consent uf Lessor,
9, Lessee shall pay for damages caused by Lessee's operations 10 growing crops on said land,
10, Lessee shall have the: right at any time to remove all machinery and nxtures placed on said premises, including [he right to draw and remove casing,
11, The rights of Lessor and Le:ssee hereunder may be assignee! in whole or in part, No change in ownersbip of Lessur's interest (by assignment or otherwise)
shall be binding on Lessee until Lessee has been furnished witll notice, consisting of certified cllpies of all recurded inslruments or documents and other inti/rmation
necessary to establish a complete chain of record title from Lessor, and tllell only with respect to payments thereafter made, No lither kind of nOlice, whèlher aClllal Dr
conslrucnve, sball be binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate 10 enlarge the
obligations or diminish the rights of Lessee, and all Lessee's operations may be conducted without regard to any such division, It' all or an)' part of this lease is
assignèd, no leasehold owner shall be liable for any act or omission of any other kaseblJld owner.
]2, Lessee, at ils option. is herèby given the right and power at any time and from fime to time as a recurring right. either before or after production, as to all or
an)' part of the land described herein and as to anyone or more llf thè formations hereuncler, tu pool or unitize Ihe leaselwld eSlate and the mineral eSlale covered by
[IllS lease with other lanel, lease or leases in the immediate vicinity for the plUduction of oil and gas, or separately for tht production of either, when in Lessee's
judgmeflt il IS ne:cessary or advisable to du so, and irrespective of whelher authori[y similar to this exists with respect to such mher land, lease or leases Likewist,
units previously formed to include formations nOI producing oil or gas, may be reformed to exclude such non--producing formations, Thè funning or rtforming of any
unll sball bt accomplished by Lessee executing and fIling of record a declaration of such unitization or refurmation, wliich declaration shall describe the unit, Any unit
may include land upon which a well has theretofore bten completed or upon whid, operations for drilling have therelOfore been commenced, Production, drillmg or
reworking operalions or a well shut in for want of a markel anywhere un a unit which includts all or a part of this lease shall be treated as if it were production,
drilling or reworking operations or a well shut in for want of a market under this lease, In lieu of the royaliies elsewhere herein spècified, induding shut-in gas
royalties, Lessor shall receive on production from the unit so pooled royalties only on the portiun of such production allocated to this lease; such allocation shall be
thai proportion of the uni[ production that the total number of surface acres covered by this kase and ineludc:d in [he unit bears to the tütalnumber of surface acres in
such unit, In addition to the foregoing, Lessee shall have the right to unitize, puol or comhine all or any part of [he above described lands as to on..: or more of the
formations thereundèr with other lands in the same general area by entering into a cooperative or unit plan of developmen[ or oper:Jtion approved hy any governmental
authority and, from finl" to time, wiel] like approval, to modify, change or terminale any such plan or agreement and, in such event, the terms, conditiuns and
pruvis¡ons of this lease shaH be deellled rn()dified to conform to the (enn~:: conditions, ,H!d provi';io!1S of such ::ppru'.'ed cOOP~~,-H!Vt or unil plan of de\'e-!opmem ur
operation and, particularly, all drilling and devel0pI)ltnt requirtmtnts l1f Ihis lease, express or implied, shall be: satisfied by èompliance with the' drilling and
development requirements of such plan or agreeme:nt, and this lease shall not ttrminate or expire during elle life of such plan or agreemelll, In the ..:vent that said above
described lands or any part [hereof, shall hereatkr be operated under any snch cooperative or unit plan of ckvelupmenr Or operation whereby the produc[lOn therefrom
is :illocated to different portions of the land covered by said plan, then the production allocated 10 any partièulat IraCl of land shall, tíJr the purpose of cornputing the
royal lies to be paid htreunder to Lessor, he règarded as having been produced from the particular tracl uf land 10 which J( is allocaltd and not to any other tract of
land; and the royal[)' payments to be made h<.:reunder to Lessor shall be based upon production only as so allocated, Lessor shall formally express Lessor's consent to
any cooperative or unit plan of development Or operation adopted by Lessee and approved by any governmeJllal agency by executing the same upon request of Lessee,
13, All express or implied covenants of this lease shall be subject to all Pèdelal and State Laws, Executive Ord..:rs, Rules Or Regulations, and this lease shall not
he te:rJlnllated, in whole or in part, nor Lessee held liable in damagès, for failurt 10 comply therewilll, if compliance is prevented by, or if such failure is [he result of,
any such Law. Order. Rule or Regulation,
14, Lessor here:hy warrants and agrees to defend the titk to the lands herein described, and agrees thai the Lessee shall have the right at any time tu rede:em for
Le:ssor, by payment, any murtgages, taxes or other liens on the abuve described lands, in the event of default of payment by Lessor and be subrogated to the righls of
tht holder thereof, and the undersigned Lessors, for themselves and their heirs, successors and assigns, hen.:by surrender and release all right of dllwer and homestead
in [he: premises déscrihed herein, insofar as said right of dower and homestead may in any way affect the purposes for which tliis lease is made, as recited herein,
Lessor agrees 10 execute such further assurances as may be requisite for the full and complete enjoyment of tbe rights Ilertin granted,
("
o
(" I~ (' '7 Jj ()
'" :\! '; ¡, L:t;
. 'r:'" ..
15 Should anyone or more of the parties hereinabove nal11ed as Lessor fail to execute this lease, it shall nevertheless be hinding upon all such parties who do
execute it as Lessor, The word "Lessor," as used in this lease, shall mean anyone or mme or all ot the partIes who execute tillS lease as Lessor, All the provIsIons 01
this lease shall be binding on the heirs, successors and assigns of Lessor ami Lessee, ,
16, Anything to the contrary herein notwithstanding, if Lessor o\\'ns a greater interest in the lands described than is purported to be leased hereby or hereafter
acquires any additional interest or title in the lands described, then this ]ease shall cover such greater or additional arter-acquired interest or title, and Lessor agrees to
give Lessee written notice of any such acquisition as soon a~; the same is made, in which event the royalties payable to Lessor shall be I\1creased proportionately,
IN WITNESS WHEREOF, this instrument is executed as of the date tirst abDve written,
j j~f~O ~-
_ <CI J~J}1j(/,~~ c¿~
Kathleen Ann D;wison
("' -
&\ l\7/,7IY-------
'I 1>7
,J -//'F/
~/I)/ , J 1/' _" /I( /'., /:'~'
U ¡L[LJCt-;/j/J' /'/.2(2~./>;?
William Ronald Davison <
c'
I ¿/"" "--
. . /),,"-
j'j(e/ld>~'"--
STATE OF JI) \/0111 t n (I
COUNTY OF L \ (\CD \ 1\
)
) ss.
)
INDIVIDUAL ACKNO\VLEDGl\fENT
....
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this IJ \ I, day of LJ c' CO)] be ( ,2005,
personally appeared William Ronald Davison and KathJeen Ann Davison, husband and wife
to me known
to be the identical persons described in and who executed the within and foregoing instrument of writing and acknowledged to me
that theL_ duly executed the same as
their free and 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 the day and year last above written,
,rtO;:.:,...-,;G....t-.....~..;.-~.~~-:;;;~=.~. M..;..- ,~".~..'f.~_~-;.~=-...=;
Ì\ly Gi;0111\iÇ@M~h f¡ì[~~fh¿ir,,~Kf¡AJ)¥ f)IJÐ[J(~ '
COUNTY OF (tiì'A.~f-'~' STAT E OF
'I ~HI~r¡:11,,/
llriCOl.ll '/h-..'rø' WYOMING
t. ,,, ~,1Y,C:?,MM,ISS!~N ~,~~~~E~2:p,~~")I::CL)~, ,
....~:.> ..",¡)..o~-,-.¡::;.·".~.....~..»f,O;O;¡¡'-(ë_",""'<+:~,,,,~0''' ¿~v..'.f'~';;~'l;:,,"....~;:;'
('"ì' /J
~O\JfI'~ \<;ê) ì~(J/..J
Notary Public
Address: 1«(""ììê(Cr, WI S' 3 1(; 1
STATE OF
)
) ss.
INDIVIDUAL ACKNOWLEDGMENT
COUNTY OF
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this _ day of __
,2005,
personally appeared
" to me known to be the identical person described in and who execLlted the
within and foregoing instrument of writing and acknowledged to me that ___ duty executed the sanle as
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 the day and year last above written,
free and
My Commission Expires:
Notary Public
Address
------~_..._-
._-_._---~--,..
When recorded return to Antelope Land Services, LLC, P. O. Box 577, Kimball, Nebraska 69145,
· '.......:: ,"" {--'-
",~' ~' ,,~'<tJ
r--, t-i (ì ,.-"', /1 "1
'"I U i:' LJ: .1.
TOP LEASE ADDENDUM TO OIL AND GAS LEASE
Attached to and made a part of that certain Oil and Gas Lease dated December 2, 2005, by and between William Ronald
Davison :md Kathlecn Ann Davison, husband and ",ife, as Lessor (whether one or more), and Zenergy, Inc" as Lessee
(whether one or more), covering the following e!eseribedlands located in Lincoln County, Wyoming, to-wit:
Township 20 North, Range 115 West, 6th p, tvt
Section 6 Lots 1(31.12), 2(31.11), 3(31.10), 4(32,85),
5(42,04),6(41.95), EI/2SW\4, NW~~SE\4
Town~!Ìp2J North, Range 115 West, 6th p, !vL
Section 34: SE \4 SW \4, ane! that part of the SE \4 lying South of
the centertine of the Oregon Short Line Railroad Company
Lessee's right, title and interest under this Lease (hereinafter referred to as "Top Lease") sha1l vest immediately; however,
rights of entry and possession shall be subordinate and subject [0 an Oil and Gas Lease dated February 21, 200 l, and
recorded in Book 468, Page 089 of the Oil and Gas Records of Lincoln County, Wyoming (hereinafter called "Base
Lease"), the primary term of which expires February 21,2006. Lessor herein covenants and agrees not to extend, renew,
amend or rnodify the Base Lease at any time on or before its expiration or termination.
Notwithstanding anything to the contrary herein, the primary term of this Top Lease shall commence on the earlier of the
f01l0wing events:
a) The recording in Lincoln County, Wyoming, of a full release or partial release of the Base Lease as to all or any
part of the acreage covered therein; or
h) 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 elate 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 further etleet.
Should the Base Lease, as cited above, be extended beyond February 21, 2006, as a result of production being obtained, as
defined therein, or by drilling or reworking operations being prosecuted under the terms therein, and if the Base Lease shall
still be in effect as of December 2, 2009, a time which is not more than four years from the date of this Top Lease, then
this Top Lease shall terminate and be of no effect.
The provisions of the Top Lease and this Addendum shall be binding on the parties hereto, their heirs, successors, legal
representatives and assigns,
Signed for Identification
//'.;:?/¡/ /7
_--ilLí!Ll'[ II¿/\" / t}))L'
Kathleen Ann Davison
r-I
/ ;"
Il ",.> '
.. L- ie:, z'~> _ ~._,
JJr')
;1/ / ' /,/. lJ ,_ _ " /~ //.-\//". ¿
, I, / / ¿c. (C h.J, /" ¿<!(¡)/("J ,\~ lCé/ (::J ¿
/... v ~ 17" ,
William Ronald Davison