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Home My WebLink About917144 . .., '"".". ·"":.=·"~':!ó"I'''''.!>¡·'·"'--·::J·=t·~(;"!~~'!-:;~·-''.-ir~~~·:'.<: ':~r;;_':' -'.·i'. .'J.'.'. ':,"". . ,.._~;;.:.....",....;~". . , "_,oJ .- ,.,... v) {ì/ \ ñ 7 c/ L I j >""'1 I " ")') J ,} ') . ···.·.···.·.!.·.·.·I·;·.·.·,'-·,·. ..". ·,;.··"__.,I'I(,eo;.··.·¡...·'-'I'J,r~!ô:.·'.'.1"-·,.'; "..".;¡;'. .;,-.,. ........-. ,.,.,."...~.";~.~.,:'t'!.!.j','...;....." .....,'....... RECEIVED 3/31/2006 at 10:51 AM RECEIVING # 917144 BOOK: 615 PAGE: 710 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY OMNIBUS CONVEYANCE, ASSIGNtviEÑT ANDi)IS-C-LAIMER C00710 This Omnibus Conveyance, Assignment and Disclaimer (this "Conveyance") is from Mary - Nan Spear (the "Grantor"), widow of Howell Roberts Spear (the "Decedent"), to the residual beneficiaries of the Estate of Howell Roberts Spear (the "Estate") namely, Shane R. Spear, Nelson Spear and Rex Spear (the beneficiaries collectively being referred to herein as the "Grantees"), and is pursuant to a Settlement Agreement executed by and between the Grantor and the Estate dated as of September 1, 2005 (the "Agreement"). This Conveyance shall be effective as of the date of the Decedent's death, April 26, 2003 (the "Effective Date"). RECITALS WHEREAS, under the terms of the Agreement, the Grantor released, waived, assigned and conveyed, any actual or potential interest, including, without limitation, any testamentary interest or right, elective interest or right or community property interest or right,. that she may have had as of the Effective Date or anytime thereafter in certain assets described in the Agreement (collectively, the "Released Assets"); WHEREAS, as a result of the Grantor's release, waiver and conveyance of the Released Assets, the Grantor released, waived, assigned and conveyed any actual or potential interest that she may have had in and to the Mineral Properties (as hereinafter defined) located in Lincoln County, Wyoming that were in the name of Decedent as of the Effective Date, which are described on Schedule A attached hereto ("Schedule A"), and in and to any and all Mineral Properties located in Lincoln County, Wyoming that are discovered after the execution of this Conveyance, if any, in the individual name of the Decedent, irrespective of whether such Properties are described on Schedule A; and WHEREAS, the Grantor intends, by the execution and delivery of this Conveyance, to transfer, assign and convey to the Grantees any actual or potential interest or interests hereafter acquired by Grantor from the Estate, 'including, without limitation, any testamentary interest or right, elective interest or right or community property interest or right, that she may have had on the Effective Date, may now have or may hereafter acquire, by operation of law or otherwise, in and to the Mineral Properties located in Lincoln County, Wyoming that were in the name of Decedent as of the Effective Date, which are described on Schedule A, and in and to any and all Mineral Properties located in Lincoln County, Wyoming, and elsewhere in the State of Wyoming that are discovered after the execution of this Conveyance, if any, in the individual name of the Decedent, irrespective of whether such properties are described on Schedule A. DEFINITIONS As used herein, "Mineral Properties" shall include all property and rights therein, whether real or personal, of whatever nature or kind, in or to minerals in, on or under the lands which are the subject of this Conveyance, and, without limiting the generality of the foregoing, shall include full mineral estates, fractional mineral estates, working interests, royalty rights, overriding royalty rights, production payment rights, net profit interests and other interests or rights in mineral production or the proceeds from mineral production, executive rights, rights to bonuses and rentals, and any other rights incidental to the mineral estate. As used herein, "minerals" or "mineral" shall include but not be limited to oil, gas, casinghead gas, other hydroLincolns (whether liquid or gaseous), Lincoln dioxide gas, coal, uranium, and sulfur and shall include all substances which are now, or may in the future become, intrinsically valuable, that is, valuable in themselves aside from their location within the earth, and which are now or may be in the future enjoyed through extraction from the earth. ij:I:;:~i:i:i:j:.:I:.:.: ~illtl1iliti;~~~ä~ 'd. }m~i¡~~r; .'.-.........................,.a;a...,......',. ....._.,.......'..."._~.......,.,,~....___".....'.,...,.... ,.' . . . ~"".....~"'...~ ....',.... ....,......,...-....... """-+...~....--".-..,.........-..-.... ,,~,..,. ..... .. .-+..,'-..-....... "". ................-.."'. -.t. , .' CONVEYANCE AND DISCLAIMER r'() i..u0711 0917144 NOW, THEREFORE, in consideration of the foregoing recitals, and the terms and conditions of this Conveyance, all of which are incorporated herein, and other good and valuable consideration including, but not limited to, the consideration set forth in the Agreement, the receipt, adequacy and sufficiency of which are hereby acknowledged and confirmed, the Grantor does hereby disclaim, waive, grant, bargain, sell, transfer, set over, assign, and convey (collectively "Transfer") unto the Grantees the following: (a) All of the Grantor's actual or potential interest, including, without limitation, any testamentary interest or right, elective interest or right or community property interest or right, that she may have had on the Effective Date, may now have or may hereafter acquire, by operation of law or otherwise, in and to the Mineral Properties located in Lincoln County, Wyoming that were in the name of the Decedent as of the Effective Date, which are described on Schedule A; and (b) All of the Grantor's actual or potential interest, including, without limitation, any testamentary interest or right, elective interest or right or community property interest or right, that she may have had on the Effective Date, may now have or may hereafter acquire, by operation of law or otherwise, in and to any and all Mineral Properties located in Lincoln County, Wyoming, and elsewhere in the State of Wyoming that are discovered after the execution of this Conveyance, if any, in the individual name of the Decedent, irrespective of whether such Properties are described on Schedule A. Specifically, the foregoing Transfer shall include all of the Grantor's right, title and interest in the oil, gas and mineral leases and leaseholds, the overriding interests and other interests specifically described in Schedule A, as well as all of the Grantor's right, title and interest in, to, under, or derived from (i) all of the presently existing and valid unitization, communitization and pooling agreements, (ii) all of the presently existing and valid oil, casinghead gas and gas sales and purchase agreements, and (iii) all of the contracts, agreements and instruments, insofar and only to the extent that said unitization, communitization and pooling agreements, said oil, casinghead gas, gas sales and purchase agreements and said other contracts, agreements and instruments pertain to the interests described on Schedule A or any interests discovered in the individual name of the Decedent after the execution of this Conveyance. In addition, the foregoing Transfer shall include all of the Grantor's right, title and interest in, to or under all surface leases, rights-of-way, easements, permits, licenses and servitudes pertaining to or appurtenant to the development and operation of the interests described on Schedule A or any interests discovered in the individual name of the Decedent after the execution of this Conveyance. All of the above described properties, interests and rights are hereinafter collectively called the "Subject Interests." The term "Subject Interests" shall also include (i) the above described properties, interests and rights as the same may be enlarged or diminished by the provisions of any contract, agreement or other instrument, or by the removal of any charges or encumbrances to which any of said properties, interests or rights are subject, (ii) any and all renewals or extensions of any of said properties, interests or rights, (iii) all contracts and agreements supplemental to or amendatory of or in substitution for the contracts and agreements described above insofar as the same relate to any Subject Interests, (iv) all rights, titles and interests accruing or attributable to any Subject Interests by virtue of it being included in any unit, and (v) any and all of the Grantor's right, title, and interest in any personal property and equipment used or associated therewith. wy-oCAD,Uncoln 2 ,. .. ".'.'_. ..~". '="--'_"'~'.".'"".~""","r,.;;=,.........",~.....",,_.............,........,.....~,.. _. ....". .". ,-......".. "'.....,.-.. .." ._." ~..,_._ ......~'--',..."....,................._.., .. -···,'"·.....~~............·"wt"....t-·..··.,~...',...'"'...~_..." "'._" '·i-,~·.....,...,.,..F"......G:,.,..·,.t._.·~......1-:..:....... . .. 0317144 C00712 Notwithstanding any other provision of this Conveyance, this Conveyance shall not apply to any interest or asset in the name of Mary Nan Spear, whether individually or jointly, including jointly with the Decedent. TO HAVE AND TO HOLD the Subject Interests unto Grantees, their successors and assigns forever. This Conveyance is made without any warranties, express or implied, but with full substitution and subrogation of the Grantees in and to all covenants and warranties by others heretofore given or made in respect of the interests assigned herein or any part thereof. The Grantor shall have no responsibility or liability for the time or manner of distribution of the Subject Interests among the Grantees. This Conveyance is executed by Donald R. McPheron, Grantor's Attorney-in-Fact under the terms of that certain Durable Power of Attorney with Respect to Settlement Agreement dated December ~, 2005, and recorded in the public records of Harrison County, Mississippi, (the "Durable Power of Attorney") with a certified copy being attached hereto as Exhibit 1. EXECUTED on the 2:5 day of December, 2005, but effective as of the Effective Date. GRANTOR ~~~, ~~~ AI1=" MARY NAN SPEAR, a single woman, by her Attorney-in-Fact, Donald R. McPheron ACKNOWLEDGMENT STATE OF ~) ~ '^^ t. ~ . ) SSe COUNTY OF~) Subscribed and Acknowledged before me by\~ary Nan Spear, a single woman, by her Attorney-in-Fact, Donald R. McPheron this ~ day of December, 2005. Çjii~~ My Commission Expires ~<6 Return to: Cody Balzer Balzer Law Firm, P.C. 1770 Monarch Circle Loveland, CO 80538 ~~~lli~:¡¡¡~i} '""~_..,.,-.--...,....,....-:,;..~...,.._.""."..,.,.,,.....,.'.........,....... - ~- . ';;r-,..!" . ' .. ~'- ,............,..' . i~~:~::i:::if.~!¡:¡i: ~': '~':':I~:!:'~:.~':; ~ ,.. .....~.....,......., , SCHEDULE A LINCOLN COUNTY, WYOMING Town/RGE Section Description 20N/112W 4 Anderson 4-3 22N/113W Lincoln, WY 13 Blackjack 10-13 13 Blackjack Federal 20-13 Interest .000016750Rt .0050000 ORt .00366650 ORI 1 of 1 ......., .~,.-,..".""-' '.' -.- ,.....'...'....:.,....,..~-.,." ;".' ~~" '.' 091?144 ReflTvpe . . .-..'....."".........p,... .,...... '.' ·..·.·,·..··"o·,···~,...·::-,·.~...-.-.. (. 0°713 ~'" ",I Net Mineral Acreaae Undetermined Undetermined Undetermined ·-............"":.'0;. . . ..,"',~ . , .... .'...;.;.;.:.:-.....0;.;.,.. ..', .,,>I!'......''ô. .¡,~. ,'"',"..' ,.... 'c"~- ·_'f:.',-_ ·c-;"'>. . -,,:,.,.,.·.·¡,~~,~t·,';';" Prepared by and retum to: Chrjs~opher W. Boyett, Esq. Holland & Knight LLP 701 Blickell A venue, Suite 3000 Miami, Florida 33131 305-374-8500 0917144 e C00714 DURABLEPO~ROFATTORNEY WITH RESPECT TO SETTLEMENT AGREEMENT SCANNED I, MARY NAN SPEAR, hereby appoint and empower my son, DONALD R. MCPHERON, as my true and lawful attorney-in-fact, to act for me and in my name and on my behalf to take any and all actions as may be necessary or advisable with respect to the execution and implementation of that certain Settlement Agreement dated as of September I, 2005 by and between myself and Shane R. Spear, as personal representative of the Estate of Howell Roberts Spear, deceased (the "Settlement Agreement"). Specifically, my attorney-in-fact may make, execute and acknowledge any and all documents and/or instruments of any nature which may be necessary or advisable to effectuate or implement the Settlement Agreement, including but not limited to, assignments, division orders, conveyances, and assignments of mineral interests. In addition, my attorney-in-fact is vested with the powers listed in Exhibit A attached hereto. Any third party to whom this power of attorney is presented may rely upon an affidavit by my attorney-in-fact stating, to the best of my attorney-in-fact's knowledge and belief, that this power of attorney has not been revoked, that I am then living, and that no proceedings have been initiated to detennine my incapacity. No third party relying on this power of attorney and that affidavit will be liable for any losses, damages, or claims caused by compliance with the action requested by my attorney-in-fact, unless that third party has actual knowledge of my death or the revocation of this power of attorney. This power of attorney shall not be affected by my subsequent disability or incapacity, or lapse of time. If any part of this power of attorney is declared invalid or unenforceable, that decision will not affect the validity of the remaining parts. My attorney-in-fact does not have an affinnative duty to act under this power of attorney and shall not be liable for any claim or demand arising out of his acts or omissions, except for willful misconduct or gross negligence. In witness whe~eof, I have executed this durable pow~r of attorney on December 21 , ,~ ~ ,¿þ~- ~;r~~n spear<~7~~ (principal) 2005. City, County, and State of Residence Gulfuort. Harrison County. Mississippi I B I~~OF.~ a l () 1 st Judicial District 14f.~ï.' 'b' ~ ff~" I~ / Instrument 2006 369 D ,-J1 t' ~ Filed/Recorded 1 13 2006 2 P ~ ~ Total Fees 212.00 """"""I '. 3 Pag., A.ro'd.d /.Jill U~~ ~li~~;:!l~ .' ;;~;::;~!fËWi~:;tt¿!ß EXHIBIT m~., 'o;:::~ ~::!:; n;-::'":.-t.t_'o-~' ·:'-:·'·.·":··'~·''''·~.~''_''·_:lHI~i~~U''lW''''""'-''''''~'~~~áNì~'(...''t'':N.v,.;~n." ;"""·~"',"'~·.c..-~,::~"::·-£~"··_,,,·,· i <:>:;'~;:!.7"',":;"::ffl;I:~'.JIi.I"'.¡'IJ":._'.'."".' ,!", ~L. ..,....i'~,~, . ·"'i'\~"'<'"~~",=.>I!I:¡¡,..a....."._'1Z'>t¡;.~,¡,,,,-:;,.......~..~.. ¡ ,- '''''''·',~.''.:JI~4'.I<~fl·'''''''':-_'''''''' ,..-,...... ~r..",:.~""'~ó~o;<.o."r,.¡-' . 0917144 ~ C00715 The principal is personally known to me and I believe the principal to be of sound mind. I am eighteen (18) years of age or older. I am not related to the principal by blood or marriage, or related to the attorney-in-fact by blood or marriage. The principal has declared and acknowledged to me that this instrument is her power of attorney granting to the named attorney- in-fact the power and authority specified herein, and that she has willingly made and executed it as her free and voluntary act for the purposes herein expressed. Two witnesses as to Mary Nan Spear and Signed in the presence of: t?J1kJf~I!t/j0 ~, /h-ëde/V Print Name: V;R.!t1l/ ~ ;ß ./-1-& /d¿;/u .~ ~ ,~-t 2:: /h..-.?-L ~ _.". . Print Name: (61U'c£-,r £: /k0?J.!K. STATE OF MISSISSIPPI ) ) SSe COUNTY OF HARRISON ) Before me, the undersigned authority, on this .;2/ day of December, 2005, personally appeared Mary Nan Spear (principal), 71·1/L¢ / tJVt.~ ~ .bf.ø..R~1. (witness), and 1 t/1.rud F· )cI-~ (witness), whose names are subscribed to the foregoing instrument in their respective capacities, and all of said persons being by me duly sworn and known to me, the principal declared and acknowledged to me and to the said witnesses in my presence that the instrument is her power of attorney, and that the principal, being informed of its contents, has willingly and voluntarily made and executed it as the fÌee act and deed of the principal for the purposes therein expressed, and the witnesses declared to me that they were each eighteen (18) years of age or over, and that neither of them is related to the principal by blood or marriage, or related to the attorney-in-fact by blood or marriage. 4I2!Jt1ðJL Jun. No1ary Public CERTIFIED TRUE COpy JOHN McADAMS CLERK CHANCERY COURT ~Ã: My Commission Expires: 2 ',U:I¡'Õ'¡,=, , , ·"·.Y·:~:i:'.~·:··· , . : ' :/ .'~. ~., .'. " .' .... - - ,. , ,·n;".'!¡,·!~..; :.<;....,'¿...¡..... . J 0917144 C00716 EXHIBIT A The following is hereby incorporated into the foregoing Durable Power of Attorney with Respect to Settlement Agreement naming DONALD R. MCPHERON as true and lawful attorney-in-fact for MARY NAN SPEAR. 1. Additional Powers: My attorney-in-fact hereby is vested with all powers required by the laws of any jurisdiction to release, transfer, grant, assign, renounce, di.sclaim, waive and convey, as the particular "Interest" may require, any actual or potential Interest that I may now have or may hereafter acquire (by operation of law or otherwise) in all "Pr~perty." As used in this paragraph "Interest" includes, but is not limited to, any testamentary interest or right, elective interest or right or community property interest or right in Property, whether such Interest is characterized as real, personal or a combination thereof. As used in this paragraph, "Property" includes, but is not limited to, Mineral Properties as defined in paragraph 2, whether such Property is characterized as real, personal or a combination thereof. 2. Definition of Mineral Properties: As used herein, "Mineral Properties" shall include all property and rights therein, whether real or personal, of whatever nature or kind, in or to minerals in, on or under the lands which are the subject of any release, waiver, or conveyance, and without limiting the generality of the foregoing, include full mineral estates, fract~onal mineral estates, working interests, royalty rights, overriding royalty rights, production payment rights, net profit interests and other interests or rights in mineral production or the proceeds :&om mineral production, executive rights, rights to bonuses and rentals, and any other rights incidental to the mineral estate. As used herein, "minerals" or "mineral" shall include but not be limited to oil, gas, casinghead gas, other hydrocarbons (whether liquid or gaseous), carbon dioxide gas, and sulfur and shall include all substances which are now, or may in the future become, intrinsically valuable, that is, valuable in themselves aside rrom their location within the earth, and which are now or may be in the future enjoyed through eXtraction rrom the earth. # 3464671_vl