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HomeMy WebLinkAbout920499 000185 RECEIVED 7/24/2006 at 11 :05 AM RECEIVING # 920499 BOOK: 627 PAGE: 185 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY PRODUCERS 88-PAID UP Rev. 5-60, NO.-2 - 8pt.-Amended OIL AND GAS LEASE AGREEMENT, Made and entered into the 11'h day of July ,20~, by and between Judith A. Carter, individually and as heir to the Estate of Gwendolyn Williams, deceased, and John H. Carter, her husband Whose post office address is 6528 W Avenida Del Rey, Glendale, AZ 85310 . . ' ' hereinafter Ca!l.ed Lessor (whether ?ne or more) and .... ". ~. ~ ... ..' ¡"._.. ;0; Zenergy, . më;, \vlÍõse post ~ffice addres~' i~ One Warren Plac~, 6100 S. y,ë;.~~~:', Suite 1700 Tulsa, OK 74136, hereinafter called Lessee: WITNESSETH, That the Lessor. for ar.d in consideration of TeD and"~òrc' ($10,OO+) DOLLARS cash in ha..."1d paid, the receipt of which is hereby acknowledged, and the covenants and agreements hereinafter contained, has granted, demised, leased and let, and by these presents does grant, demise, lease and 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 and 'producing' therefromuiland all ga:!rof"whatsoeýerTfatùreorkiil~l;wittnights of wäÿ-aïïd 'è1fsemt:fftS-fõrlaýmg pipe lines, änd ei'eè"tiöÍlöf'Sìructures 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 and 46), less and except the railroad right of way , and containing 627.64. acres, more or less.'. ," , I, 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 producedl!O,m said leased pre~ses or <?n a, creage pooled the, rewith, or d~illing operations are continued as .,hereinafter pro.vided. If, at the ~xpir~ti.onof the prim~ry term of thIS lease, 011 or gas IS not bemg produced on the leased prerruses or on acreage pooled therewIth but Lessee, IS then engaged m dnllIng 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 well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said'land or 'on'àcreage þooledtherewith, 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 productlon 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 therewith. ,.,.. . - .' . . 2. This is a PAID-UP LEASE. In consideration of the down cash payment, Lessor agrees that Lessee shall not be oblie;ated, except as otherwise provided herein, to commence or continue any operations during the primary term. Lessee may at any time or times during or after the pnmary terÍIl surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases, and be relieved of all obligation thereafter accruing as to the acreage surrendered. 3. In consideration of the premises the said Lessee covenants and agrees: 1st. To deliver to the credit of Lessor, free of cost, in the pipe line to which Lessee may connect wells on said land, the equal one-eighth (1/8) part of all oil produced and saved from the leased premises. 2nd. To pay Lessor one-eighth (1/8) of the gross proceeds each year, payable quarterly, for the gas from each well where gas only is found, while the same is being used off the premises, and if used in the manufacture of gasoline a royalty of one-eighth (1/8), payable monthly at the prevailing market rate for gas. 3rd. To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one- eighth (118) of the proceeds, at the mouth of the well, payable monthly at the prevailing market rate. 4. Where gas from a well 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 well 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 shall not operate to terminate this lease. 5. 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 which Lessor's interest bears 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 well 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 damages caused by Lessee's operations to growing crops on said land. . 10. Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing. II. The rights of Lessor and Lessee hereunder may be assigned in 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 notice, consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title from Lessor, and then only with respect 10 payments thereafter made. No other kind of notice, whether actual or constructive, shall be bindine; 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 dimirnsh the rights of Lessee, and 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 and 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 anyone o'r more of the formations hereunder, to pool or unitize the leaseholdeslate and the mineral estate covered by this lease with other land, lease or leases in the immediate vicinity for the production of oil and gas, or separately for the production of either,' when in Lessee's ju~gmenl !t is necessary or. advisable to ~o so, and irrespecti~e of whether authority similar t9 this 'exists with resp~ctto ·such. other land, ,le~se or 'lèases. Likewise, un!ts prevIOusly forß1~dto mclude form, aUon~ not produ,cmg oil or gas, may be !eformed to ex~~ud~ such non-prod~cmg f~rmauons. ~he formmg or reforming of any ull!t shall.be accomplIshed by ~essee executwg and f1lmg of record a declarauon o! such un~uzatlOn or. r~formauon, ,WhICh declarauon shall, describe the unit. Any unit may mclude land upon whIch a well has theretofore been completed or upon whIch operatlons for dnllIng have theretofore been.·commenced: Production, drilling or. rc:working oper~tions or a. well shut in for wa!lt of a market anywhere on a uni~ which inclu~es all or a part !Jf this lease shall ~e treat~d as if it w~re production, dnllIn.g or reworkmg oper~tlOns or a we~l shut m for w~t of a market u~der thiS lease. In I~eu of the royalues, elsewhere herem specified, includmg shut-in gas royalues, Lessor shall receIve on productIOn from the urnt so pooled royalues only on the portlon of such productlon allocated to this lease; such allocation shall be that proportion o~ ~e unit productl~n that the total number of s~rface acr~s. covered by this I~ase and included in the unit bears to the total number of surface acres in such urnt. In additIon to the foregomg, Lessee shall have the nght to umuze, pool or combme all or any part of the above described lands as to one or more of the formations thereund~r with other I~nds in .the saI?e ~eneral area by enter.ing into a cooperat,ive or unit plan of development or operation approved by any gove~~ental autho~l~y and, fr~m Ume to Ume, With like approval, to modIfy, change or ter~.nate any such .I~lan or agreement and, in such event, the terms, conditIOns and provlsl<?ns of thiS le~se shall be de~1I,1ed modIfied to conform t<;> the terms, c<;>nd, lUons and provls,lons. of such approved cooperalive or unit plan of development or operauon and, parucularly, all dnllIng and development reqUIrements of thIS lease, express or ImplIed, shall be satisfied by compliance with the dritlin& and develop~ent requirements of such plan or agreement, and this lease shall not terminate or eXI?ire durin~ the life of such plan or agreement. In the event that sal~ above descn~ed lands or anX part thereo.f, shall hereafter be operated ~nder any such cooperauve or umt plan of development or operation whereby the productlon th~rt;fr.Qm IS, allocat~ to,differe.nt portIOns ,ufthe land, covered by saldlll!1n, then theproducuon allocated to any particular tract of land sl!all, for the purpose of computmg the royaltles to be paId hereunder to Lessor, be regarded as havmg been produced from the particular tract of land to which it is allocated and not to any other tract of land; and 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 ex!?ress or imp!ied covenants of this lea~e sh~l be subject to all. Federal and State La~s, ~xecutivc: Ord~rs, Rules or Regulations, and this lease shall not be terrrunated, m whole or m part, nor. Lessee held liable m 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 Regulauon. ~~, "~ ;i::*~:::i::t::¡;¡:!, ..j.;! mmTI:~;m':; ;;; n;; /~~? 09Z04'§§ i:' '¡', j:::' 0001.86 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 hoider 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 dow~r. and homestead may in any w~y affect the purposes for ~hich 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 herelD granted. 15. Should anyone or more of the parties hereinabove named as Lessor fail to execute this lease, It 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. Anythin¡¡ .to th~ contrary ~ere~n notwithstandin~, If Lessor <?wns a greater interest in the lands de~~ribed than is p'!rported to be I~ased hereby or hereafter acquires any addlt1onal.lDterest or title lD th~ .I~ds descnbed, then this. lease sh~1l co~er such greater or ~ddltlonal after-acqUired lDter~st or title, and Lt:ssor agrees to give Le$$~~~rit!en !lºo.ç~ of any such acqUIsition ¡IS SPQn a.I: the nme ISIP-ade, m whlc~ event the roy!!ltles payable to Lessor sh::1I be mcrem;ed proportlonately. IN WITNESS WHEREOF, this instrument is executed as of the date first above written. J::;C~ ~ arter, individually a d as heir to the Estate of lyn Williams, deceased STATE OF JìIZI ?ÓAJA- ) . If J /) . /7/1- ) ss. INDIVIDUAL ACKNOWLEDGMENT COUNTY OF 1'1./ln..! t0rl ) . CQ If . . BEFORE ME, the undecsigned, a Nntary Pnblic, in and fnr said Cnunty and State, nn thi~ day n/.. }) ¡ ~ ' 2006, personally appeared Judith A. Carter, individually and as heir to the Estate of Gwendolyn Williams, deceased, a ohn H. Carter, her husband to me known to be the idenlical persons described in and who executed the within and foregoing instrument of writing and acknowledged to me that they duly executed the same as their free and voluntary act and deed for the uses and purposesthuein_setforth._ .. 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 : STATE OF COUNTY OF ) INDnnDUALACKNOWLEDGMENT 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 recorded return to Antelope Land Services, LLC, P. O. Box 577, Kimball, Nebraska 69145.