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Home My WebLink About920922 (~m~;;~¡m~ili~~ 7¡~~r:fo~~: .:',: ::;;t~:~~;~:~~~: 't 000'767 ~ PARTIAL ASSIGNMENT OF OIL AND GAS LEASES (Overthrust Mineral Deep Rights) THIS PARTIAL ASSIGNMENT OF OIL AND GAS LEASES dated as of the 16th day of May, 2006 (the" ¡\s5ignment"), is among the following: NERD GAS COMPANY LLC, a Wyoming limited liability corporation, 1701 East "E" Street, Casper, Wyoming, USA 82602 ("hereinafter referred to as "Assignor") and FORTUNA (US) L.P., a Delaware 1inúted partnerslúp registered to carry on business in Wyoming as Fortuna US Limited Partnership, :MOO, 888 3rd Street S.W. Calgary, Alberta, Canada T2P SC5 (hereinafter referred to as "Assignee"). FOR AND IN CONSIDERATION of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by Assignor, Assignor hereby assigns, grants, bargains, sells and transfers unto Assignee an undivided 80% interest in and to the following: 1) the working interest in and to the oil and gas leases described in Schedule" A" (the "Leases"), as to the Deep Rights as set forth on Schedule "B", and RESERVING UNTO Assignor an overriding royalty equal to the difference between the sum of all existing lessor royalties, overriding royalties and similar burdens existing as of the date hereof, and tWenty percent (20%), it being the intent to deliver to Assignee an eighty percent (80%) net revenue interest in the Leases, proportionately reduced to the working interest assigned hereunder; 2) all personal property and fixtures located on or about the lands and used in connection with the operation of the Leases; and 3) all rights and obligations existing under all contracts and agreements that benefit or burden the Leases including, but not limited to, the agreements set forth in Schedule "C" attached hereto. This Assignment is made and accepted expressly subject to the following: 1) By acceptance herein, Assignee assumes its proportionate share of all obligations and burdens arising under the Leases. 2) That certain Purchase and Sale Agreement among the Parties dated May 16, 2006 (the "PSA"), copies of which are on file with Assignor and Assignee. It is agreed that the provisions of the PSA shall not merge with this instrument upon execution and delivery hereof. Unless defined in thiS Assignment, all capitalized terms contained herein shall have the meaning assigned to them in the PSA. 3) After Oosing,Assignor and Assignee shall execute, acknowledge, and deliver, or cause to be executed, acknowledged and delivered, such instruments and take such other actions as may be necessary or advisable to carry out their obligations under this Assignment and under any document or other instrument delivered pursuant hereto. 4) This Assignment may be executed in counterpart, and each counterpart hereof shall be deemed to be an original instrument, but all such counterparts shall constitute but one assignmenl RECEIVED 8/3/2006 at 2:34 PM RECEIVING # 920922 BOOK: 628 PAGE: 767 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ~~ - ---- --- ----- -- - - ----- _m_, _.'_". #4125740 v2 10£6 Il.. ·0920922 000'(68 TO HAVE AND TO HOLD the same unto the said Assignee, its'successors and assigns forever. The provisions hereof shall be covenants running with the Lands and shall be binding upon and insure to the benefit of the Parties hereto, their respective successors and assigns. IN WITNESS THEREOF, Assignor and Assignee have caused tlús Assignment to be executed and deli~ered as of the date first referenced above. ASSIGNOR ASSIGNEE NERD GAS COMPANY LLC. FORTUNA (US) LP. by its General Partner FOSI GPINC. B~~a~ By: ~Q~. Scott Sobie . Manager Land NA Ops ---- ~ CA5..+1 c::.._ \~ ~. ~\"¿o(' 4:w\.:;.~ Ë'Iplo.r,,"_fu.~ By: í:~::::jI::~::f:::::~:~ !:(;;i:~:~~;;~::~~ Execution page to a Partial Assignment of Oil and Gas Leases dated the 16th day of May, 2006 between Nerd Gas Company LLC and Fortuna (US) L.P. #4125740 v2 20£6 r,f¡¡¡¡jm~~¡¡!ji;¡im!: :~*::::~::::¡~H::~ '::::::;:;:~;:;G;:;:¡: (t;m¡:~¡~~f.¡¡¡¡¡m -. -- -- -----'_._---~.__._-_._-,----- ...,". '-_._._--~-_..... ~"-'-'''. ...-~-'~.---~._~~..~..___~, _u'_..~.' ... .._..~.-...._- ~ .... - ...~. ._........... COO'i69 0920922 ACKNOWLEDGMENTS STATE OF WYOMING ) SS: COUNTY OF NA TRONA ) J The foregoing instrument was acknowledged before me this 23 day of )41/1 , 2006, by Neil A. McMurry as the Manager of Nerd Gas Company LLC, a Wyoming limited liability company. Witness my hand and official seal. ~. \\-~ " . 2.. ~ . oï Public My Commission Expires: NOTARY PUBLIC . EDIE M. HARDY : STATE: OF" WYOMIN G "'COUNTY OF" NATRONA Ml ommlulon Et,P,lr.c,LS~R~· 2~~007 &-'-.lr "'-'- - ~'\d~ iÐl"~¡::¡ T, 1:I1r"1 ------------------------------------------ PROVINCE OF ALBERTA) SS: DOMINION OF CANADA ) The foregoing instrument was acknowledged before me this 18th day of May, 2006, by Scott Sobie as Senior Manager, Land, and by George Castles as Senior Manager, Exploration, both ofFUSI GP Inc., a Delaware limited liability company, as general partner of Fortuna (US) L.P., a Delaware limited partnership. Witness my hand and official seal. .' \,... ~~, ". - -,., My Commission Expires: at the pleasure ofRer Majesty Queen Elizabeth II #4125740 v2 30E5 0320922 #4125740 v2 ~:;:~:~::: ;:h~;;:::'~~~~ 1.1'\1 .~,'~ i..! > "'. .~~'¡ . ¡ ,~ It~'~.~J,~'1i! If~ ~.r ~,~~ ,]1 Schedule "A" Attached to and made part of a Partial Assignment of Oil and Gas Leases dated May 16,2006 between Nerd Gas Company LLCand Fortuna (US) L.P. LEASES ~;;¡~::;:::::~(¡::::~ ;',·.·.·.;··t'.líl~~¡ \:~~;örili~~H~¡1J 00077.0 40£6 o < m ;u -I I ;u C C/) -I r Z () o r Z () o c z ~ ~ ....., j;3 o o Q) 1J » G) m tl~¡¡lf:. ·~~;:~t 0920922 ¡ r-"-'---><- c: I CI> f >- ~ ~ i I i i I I ¡ i I l-..,...___..c____.___.._ _..,. ; ! -..1 i N ?' 1 ~ L__.._.___ i ¡;:J 00 ! ?' v. i 00 ~ f..--. v. ___ j ~ ~ ~ ~ ""Ir." CI> ë;;-...., I ~~~!=l~ ~~~~ ! ~:.:;~ ~ ~;:?~~ ¡ t'"'b~b.[- t'"' ~.[- i ~cr~~t; ~~~~ I v.~:J::cóo~ Y'Y'Y'?- - ....00 .00 .-..1 " ~ £j£j;g~ ¡ ~~~ ~ .. 8 ~ ~~ '" - '0 o .¡:.. ~ 1! I I i i I I I ¡ I ¡ I I I f-·------.: '--'-""'" i ~ i _ I ~ i ~ L..___.__.. i I ;:::; , ;::: I ~ 0 L.______ ~. __,.,_.,__~ ¡ ; i ; I I I j 1··""··..--·'- I , I I j , l_____ t'"' 5' ("¡ o 5" '"' 0 0 77 1 ~ ¡; .... :r .. Q. ::; DO = Q. Õ' ... ê. = (1<1 'C DO Q. ;¡ ~ 0 CI> .. ... g Q. DO ~ '1:Iì:J DO tì '" 3:c: '< .... '" t'"' !^ -ì:J > N.. > 0" 0::> -. :: ",(1<1 = a .. :::. 0 ... g '" = Q. C') '" .. t"' .. DO .. .. .. · ' o.S2092~ 000772 Schedule "B" Attached to and made part of a Partial Assignment of Oil and Gas Leases dated May 16,2006 between Nerd Gas Company LLC and Fortuna (US) L.P. DEEP RIGHTS the oil and gas working interest and operating rights below the lowest formation bearing coal encountered in the Wells, with the term "formation bearing coal" defined by Lamerson's 1982 "Overthrust Stratigraphic Column" and defined as the lowest formation bearing coal in the Adaville Fm., the Almy Fm., the Frontier Fm., and the Bear River Fm., encountered in the hanging wall of the Absaroka Thrust Plate, as defined by Lamerson's "Plate 5" cross section dated 1983, with the clear and distinct designations of "Footwall" as all formations below the Absaroka Thrust and "Hanging Wall" as all formations above the Absaroka Thrust. #4125740 v2 50f6 ¡:~;:~jmm~~~~jf:¡ 0920922 Schedule "C" Attached to and made part of a Partial Assignment of Oil and Gas Leases dated May 16,2006 between Nerd Gas Company LLC and Fortuna (US) L.P. CONTRACTS , #4125740 v2 .'"1 n P"'1, 7 3 ',} l..' . 60£6 · ... ..........'......, 0920322 Schedule "C" C00774 Attached to and forming part of a Partial Assignment of Oil and Gas Leases between Nerd Gas Company LLC., (as Assignor) and Fortuna (US) LP(as Assignee) nla Surface Owners Agreement March 3, 2000 Skull Valley Company Ltd. and Billy Jim Palone, d/b/a Palone Petroleum Certain parcels of real property situated in Summit, Morgan and Rich Counties, Utah as more specifically described in the said Surface Owners nla Surface Owners Agreement June 21,2000 Property Reserve, Inc. !j;¡¡¡¡¡¡:m~~i¡: !~i¡ ~t~l Nerd Overthrust Suñace Schedule'xLS tIm¡!~;;m~lmmi~