Loading...
HomeMy WebLinkAbout921240 :~i~~;1¡~~mm~mYI \A PRODUCERS 88-PAID UP Rev, 5-60, No.-2 - 8pt.-Amended RECEIVED 8/14/2006 at 11 :22 AM RECEIVING # 921240 BOOK: 630 PAGE: 86 JEANNE WAGNER q,,~~~~<:>~~ ~<:>YNT'r'~L,~RK, KEMMERER. WY 000086 '! " OIL AND GAS LEASE AGREEMENT, Made and entered into the 20th day of July . 20 ...QL.., by and between Deanna Zamora, a single person, individually and as heir to the Estate of Virginia Leanne Davison Eckenrode, deceased Whose post office address is 313 West Devenshire Ave., #3, Hemet, CA 92543 , hereinafter called Lessor (whether one or more) and Zenergy, Inc., whose post office address is One Warren Place, 6100 S. Yale Ave., Suite 1700 Tulsa, OK 74136, hereinafter called Lessee: WITNESSETH, That the Lessor, for and in consideration of Ten and more ($10.00+) DOLLARS cash in hand paid, the receipt of which is hereby acknowledged, and the covenants and agreeme~ts hereinaft~r con~ined, has gra.nted~ demised, leased and let,. a.nd by thes~ presents does want, demise, lease and let exclusively unto the said Lessee, the lan~ heremafter descnbed, with the exclus!ve ng~t f~r the purpose of mmmg, explorm~ by ~eop~yslcaland oth~r methods, and operating for and producing therefrom oil and all gas of whatsoever nature or kmd, With rights of way and easements for laymg pipe lines, and ereCllon of structures thereon 10 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 34: W/2 SW/4 and that part of the NE/4 SW/4 lying south of the Union Pacific Railroad right-of-way and containing 95.00, 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 produced from said I~ased prel!1Îses or <?n acreage pooled therewith, or d~ilIing operations are continued aS,hereinafter pro.vided, If, at the ~xpirati.on of the prim~ry term of this lease, 011 or g~s IS not bemg pr~uc~d on the leased prenuses ,or on acre~ge pool~d therewith but Lessee IS then engaged, m drilling or re-workmg operations thereon, then thiS lease shall contmue m force so long as operallons are bemg contmuously prosecuted on. the leased prenuses 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 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 therewith, 2. This is a PAID-UP LEASE. In consideration of the down cash payment, Lessor agrees that Lessee shall not be obligated, 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 primary term 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 (118), 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 10 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 to payments thereafter made, No other kind of notice, whether actual or constructive, shall be binding 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 dimimsh 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 ~e land described herein and a~ to anr one C!r mo~e, of the formations h~reunder" to pool or unitize the leasehold estate a~d the mineral estate covered by thiS lease with other land, lease or leases m the Immediate vlclwty for the production of 011 and gas, or separately for the production of either, when in Lessee's ju~gment !t is necessary or, advisable to ~o so, and irrespecti~e of whether authority similar to this exists with resp~ct to such, other land, le~se or leases, Likewise, un!ts prevIOusly form~d to mclude formallo~ not produ,cmg ot! or gas, may be ~eformed 10 ex~~ud~ such non-prod~cmg f~rmatlons. ~he fornung or reforming of any un!t shall, be accomplished by ~ssee executing and filmg of record a declaration of such un~lIzatlon or, r~formallon, which declarallon shall describe the unit. Any umt may l!lclude lan~ upon which a wel,l has theretofore been completed or upon ..yhlch. op~ratlons for drilling have ~eretofore been commenced. ~roduction, drilling or, r~workmg oper~lIons or a, well shut m for wa~t of a market anywhere on a um~ which mclu~es all or a part ,of thiS lease shall ~e treated as if 11 were production, dnllmg or reworkmg oper~tlons or a we!1 shut m for w~nt of a market u~der this lease. In l~eu of the royalties. elsewhere herem specified, including shut-in gas royalties, Lessor shall receive on production from the nOlt so pooled royalties only on the porllon 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 and included in the unit bears to the total number of surface acres in such unit, 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 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~l!mental autho~l~y and, fr!>m tune to tune, Wltll 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~e shall be de~":led modified to conform t~ the terms, c~ndl!lons, and provls,lOns, of such approv~d cooperative or unit plan of development or operallon and, particularly, all dnllmg and development reqUirements of thIS lease, express or Implied, shall be satIsfied by compliance with the drillin¡¡ 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 said above described lands or any part thereof, shall hereafter be operated under any sucb cooperatIve or nOlt plan of development or operation whereby the production therefrC!m is allocate? to differe,nt portions of the land covered by said pl~n, then the production allocated to any particular tract of land shall, for the purpose of computmg the royalties 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 eXJ?Tess or imp!ied covenants of this lea~e sh~1I be subject to all, Federal and State La",:,s, ~xecutiv~ Ord~rs, Rules or Regulations, and this lease shall not be ternunated, 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 Regulation. . \. ..¡. ~~.... .. ,': .. ¡ " " .,:c, 000087 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 pUf{>oses 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 herem 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! succes~ors an~ assi¡;¡ns of Lessor and Lessee:. " 16. Anythin~ to the contrary herem notwlthstandm~, If Lessor owns a greater mterest m the lands descnbed 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 such acquisition as soon as the same is made, in which event the royalties payable to Lessor shall be increased proportionately. ."' \VrrNESSWH~OF. ~Jw-,,".mo"~,,",," u of~d.~ f."~" "1:5:2- 2-~ ~. > Deanna Zamora, a single person, individually and as heir to the Estate of Virginia Leanne Davison Eckenrode, deceased STATE OF lbl\fofLNli~ COUNTY OF ~VL?(ù?IO€ ) ) ss. ) INDIVIDUAL ACKNOWLEDGMENT BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this ~'day ofG"' UL ( , 2006, personally appeared Deanna Zamora, a single person, individually and as heir to the Estate of Virginia Leanne Davison Eckenrode, 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 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 Conunission Expires: /7 .. / . .. . ... ... Notary P6h~ [) Address: )5'?l &0 -r-~O~ IJV£ .fte Me: C1:) 91.. duly executed the same as her free and voluntary act STATE OF ) ) ss. INDnnDUALACKNOWLEDGMENT 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 hapd and affixed my notarial seal the day and year last above written. My Commission Expires: Notary Public Address: