HomeMy WebLinkAbout917632
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000423
RECEIVED 4/20/2006 at 2:40 PM
RECEIVING # 917632
BOOK: 617 PAGE: 423
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
PRODUCERS 88-PAID UP
Rev. 5-60. No.-2- 8pt.-Amended
OIL AND GAS LEASE
AGREEMENT, Made 1U1d entered into the 21 It day of March , 20~, by 1U1d between Barbara M. Wagner, a single 1)erson,
individually and as an heir to the Estate of Matilda Bertagnolli, deceased
Whose post office address is 316 Polk St., Rock SprinRs, WY 82901-4404
, hereinafter called Lessor (whether one or more) 1U1d
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Zenergy Inc., whose post office address is One Warren Place, 6100S. Yale Ave'.: Suite 1700 Tulsa, OK 74136, hereinafter called Lessee:
WITNESSE11I, That the Lessor, for 1U1d in consideration of Ten and -more ($10.00+) DOLLARS cash in hand paid, the receipt of which is hereby
acknowledged, and the covenants 1U1d agreements hereinafter contained,has granted, demised, leased 1U1d let, 1U1d by these presents does grant, demise, lease 1U1d let
exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of mining, exploring by geophysical and other methods, and
operating for 1U1d producing therefrom oil and all gas of whatsoever nature or kind, with rights of way 1U1d easements for laying pipe lines, 1U1d erection of structures
:thereon to produce, save and take care of said products, all that certain tract of land situated in the County of Lincoln, State of Wyoming, described as follows, to-
wit:
Township 21 North, Range 115 West, 6th P. M.
Section 36: All (also described as Section 36: Lots 37,44 æ1d 46), less æ1d
except the railroad right of way
1U1d containing 627.64 acres, more or less.
1. It is agreed that this lease shall remain in force for a term of five (5) years from this date and as long thereafter as oil or gas of whatsoever nature or kind is
produced from said leased premises or on acreage pooled therewith, or drilling operations are continued as hereinafter provided. If, at the expiration of the primary
term of this lease, oil or gas is not being prnduced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working
operations thereon, then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled
therewith; and operations shall be considered to be continuously prosecuted if not more than ninety (90) days shall elapse between the completion or abandonment of
one well1U1d the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith, the
production thereof should cease from any cause after the primary term, this lease shall not terminate if Lessee commences additional drilling or re-working operations
within ninety (90) days from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and produced as a result of such
operations at or after the expiration of the primary term of this lease, this lease shall continue in force so long as oil or gas is produced from the leased premises or on
acreage pooled tl¡erewith. _._ _, _ _ .
2. This is a PAID-UP LEASE..ln consideration of the down cash payment, Lessor agrees that Lessee shall not be obli~ated, except as otherwise provided herein,
to commence oncontinue any operations during the primary term. Lessee may at any time or times during or after the prunary term surrender this lease as to all or
any portion of sáid land and -as to any strata or stratum by'delivering to Lessor or by filing for record a release or releases, 1U1d be relieved of all obligation thereafter
accruing as to th¢ acreage surrendered. " -'
3. In considération of the premises the said Lessee covenants and agrees:
1st. To dçliver to· tWHreditofI.essor,. free of cost. in the pipe line to which Lessee may connect wells on said land, the equal one-eighth (118) part of all oil
produced and·saved'--from1he-¡-eased'prenuses. _.-.- .
2nd. To pay Lessor one-eighth (118) of the ~~~~,fa~oceeds each year, payable quarterl)', for the gas from each we)) where gas only is found, while the same is
being used off the premises, 1U1d if used in the ture of gasoline a royalty of one-eighth (118), payable monthly at the prevailing market rate for gas.
3rd. To pal Lessor for gas produced from any oil well and used off the pre~.es or in the manufacture of gasoline or any other product a royalty of one-
eighth (118) 0 the proceeds, at the mouth of the well, payable monthly at the prevailing market rate.
4. Where gas from a we)) capable of producing gas is not sold or used, Lessee may payor tender as royalty to the royalty owners One Dollar per year per net
royalty acre retained hereunder, such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of 90 days from
the date such we)) is shut in and thereafter 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 payor tender, any such sum shall render Lessee liable for the amount due but it ShallllOt operate to terminate this lease.
S. If said Lessor owns a less interest in the above described 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 whichLessor's interest hears to the whole and undivided fee.
6. Lessee shall have the right to use, free of cost, gas, oil and water produced on said land for Lessee's operation thereon, except water from the wells of Lessor.
7. When requested by Lessor, Lessee shall bury Lessee's pipe line below plow depth.
8. No we)) shall be drilled nearer than 200 feet to the house or barn now on said premises without the written consent of Lessor.
9. Lessee shall pay for damaBes caused by Lessee's operations to growing crops on said land.
10. Lessee shall have the right at any time to remove all machinerr 1U1d fixtures placed on said premises, inclnding the right to draw1U1d remove casing.
11. 'The rights of Lessor and Lessee hereunder may be assigned ill whole or in part. No change in ownership of Lessor's interest (by assignment or otherwise)
shall be binding on Lessee until Lessee has been furnished with lIotice, consisting of certified copies of all recorded instruments or documents and other information
llCcessary to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual
or constructive. shall be bindin¡¡ on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to
enlarge the obligations or diminish the rights of Lessee, 1U1d all Lessee'.s operations may be conducted without regard to any such division. If all or any part of this
lease is assigned, no leasehold owner shall be liable for any act or omissIOn of any other leasehold owner.
12. Lessee, at its option, is hereby given the right 1U1d power at any time and from time to time as a recurring right, either before or after production, as to all or
any part of the land described herein and as to anr one or more of the formations hereunder, to pool or unitize the leasehold estate and the mineral estate covered by
this lease with other land, lease or leases in the IIDmediate vicinity for the production of oil and gas, or separately for the production of either, when in Lessee's
judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise,
units previously formed to include formations notproducmg oil or gas, may be reformed to exclude such non-producing formations. The forming or reforming of any
unit shall be accomplished by Lessee executing 1U1d filing of record a declaration of such unitization or reformation, which declaration shall describe the unit. Any
unit may include land upon which a we)) has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production, drilling
or reworking operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall be treated as if it were production,
drillin$ or reworking operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified, including shut-in gas
royalties, Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease; such allocation shall be
that proportion of the unit production that the total number of surface acres covered by this lease 1U1d included in the unit bears to the total number of surface acres in
such umt. In addition to the foregoing, Lessee .shall have the right to unitize, pool or combine all or any part of the above described lands as to one or more of the
formations thereunder with other lands in the same ~eneral area by entering into a cooperative or unit plan of development or operation approved by any
gove~ntal autho~io/ and, fr~m time to time,. with like approval, to modify, change or te~te any such .J~lan or agreement 1U1d, in such. event, ~eterms,
condiuons 1U1d provISIOns of this lease shall be deemed modified to conform to the terms, COnditiOns, 1U1d provISIOns of such approved cooperative or umt plan of
development or operation and, particularly, all drilling 1U1d development requirements of this lease, express or implied, shall be satisfied by compliance with the
drilling and development requirements of such plan or agreement, and this lease ShallllOt terminate or expire durin ! the life of such plan or agreement. In the event
that said above descri~ed lands or an~ .part thereof, .shall hereafter be operated l!Drler any such cooperatiye or umt plan of devel~pment or operation whereby the
production therefrom IS allocated to different pomons of the land covered by said plan, then the producuon allocated to any particular tract of land shall, for the
purpose of computing the royalties to be paid hereunder to Lessor, be regarded as having been produced from the particular tract of land to which it is allocated and
not to any other tract of land; 1U1d the royalty payments to be made hereunder 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 governmental agency by executing the
same upon request of Lessee.
13. All express or implied covenants of this lease shall be subject to all Federal1U1d State Laws, Executive Orders, Rules or Regulations.1U1d this lease shall not
be terminated, in whole or in part, nor Lessee held liable in damages. for failure to comply :therewith, if compliance is prevented by, or if such failure is the result of,
any such Law, Order, Rule or Regulation.
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0917632
OOC424
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14. Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any time to redeem for
Lessor, by payment. any mortgages, taxes or other liens on the above described lands, in the event of default of payment by Lessor and be subrogated to the rights of
the holder thereof, and the undersigned Lessors, for themselves and their heirs, successors and assigns, hereby surrender and release all right of dower and
homestead in the premises described herein, insofar as said right of dower and homestead may in any way affect the puq>oses for which this lease is made, as recited
herein. Lessor agrees to execute such further assurances as may be requisite for the full and complete enjoyment of the nghts herein granted.
15. Should anyone or more of the parties hereinabove named as Lessor fai) to execute this lease, 11 shall nevertheless be binding upon all such parties who do
execute it as Lessor. The word "Lessor, as used in this lease, shall mean anyone or more or all of the parties who execute this lease as· Lessor. All the provisions of
this lease shall be binding on the heirs, successors and assi~ns of Lessor and Lessee.
16. Any thinS to the contrary herein notwithstandin~, If Lessor owns 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 descnbed, then this lease shall cover such greater or additional after-acquired interest or title, and Lessor agrees to
give Lessee written notice of any s!lc.!I acquisitio~ as soon as the same is ¡pade, in whic,h event the ro)'altiespa}'aql"e~~,Lessor.shall be.inEIeasedproportionately.
IN WITNESS WHEREOF-;'thls lfiSttumentlrexecutt:d.·as-oflh-e-date tìm above WrTtten. .
¿) Ø(1fl1 tL 1J¡. 9lt1rfþ
Barbara M. Wagner, a single person, individually and as an
heir to the Estate of Matilda Bertagnolli, deceased
STATE OF (AAlor'v(¡n c;
I .' . a
COUNTY OF ~JJ.R.Q Jukttev'
)
.) ss.
)
it-
INDIVIDUAL ACKNOWLEDGMENT
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this L/f--h day of f)pn j
2006, personally appeared Barbara M. Wagner, a single person, individually and as an heir to the Estate of Matilda Bertagnolli,
deceased 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 she duly executed the same as her free and voluntary act and deed
for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I ha:-e hereunto set my hand and affixect. ~y no..!.aria~.s~ea~~e d!l.Y and yea:- !~st abo'{~_~~~~t~n..:...
My Commission Expires: ¡r;)O-Oq
MAGGIE SMITH - NOTARY PUBLIC
COUNTY ÖF _ STATE OF
SWEETWATER~} _ 8-M8ir
~aff~'dwuÀA-
Notary Public
Address :$ Ç fõoJ+¡íJ/ Zlvd t.'fXJt.Spr1·]rS, /Vi
. f{'J}l0J
STATE OF
)
) ss.
INDIVIDUAL ACKNOWLEDGMÈNT
COUNTY OF
)
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this _ day of ,2006,
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 duly executed the same as 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.
-,-¥--- _.- -~. .
My Commission Expires:
Notary Public
Address :
When record