HomeMy WebLinkAbout876052 Lii'.~C('!I..I'4 C;O. Uf.~TY .,.LERt,
STATE OF WYOMING ., ) 8 7 6 0 5 2 0[ -,"r, .,.
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CO~TYO~ BINCO~N :~ ) -'~- ........... ., , ..........
MEMO~NDUM OF PARTICIPATION AG~RMENT
AND Nf:~TICR O~ RQUITABLR ~GHTS
On the 31st day of Augug;~:, 2001, but effective for all pu~oses as of July 25, 2001, a
Pa~ieipation Agreement (me "Paf~icipation Agreement") was entered into by and among CDX
Prope~y Holdings, L.L.~., a T~xas. limited liability company ("CPH'), CD Exploration
Company, In~., an Oklahoma co~oratmn ("CDE"), CDX Gas, L.L.C., a Texas limited liability
company, ("CGL'), CDX Arko~i, L.L.C., a Texas limited liability company ("CAL"), CDX
Ro~kies, L.L.C., a Texas limited~liability company ("C~"), and Da~ Energy Co~oration, a
Michigan co~oration ("Da~').)Under the Pa~icipation Agreement and for pu~oses of this
Memorandum, CPH, CDE, CGL~ CAL, and C~ are refe~ed to, jointly and severally, as
"CDX." The terms of the Pa~icipbtion Agreement grant to Da~ the option (i) to p~ticipate, on a
well-by-well basis, in oil, gas and coalbed methane wells drilled on or under the lands and leases
o~ed or acquired by CDX in this county (collectively, the "Prope~y"), and (ii) upon Dart's
pa~icipation in any such well, t0 receive from CDX (or the CDX entity holding title to the
Prope~y) an undivided percentage of CDX's interest in the Prope~y insofar, and 0nly insofar, as
the lands and leases relate to'~he well in which Dan participated.
The pu~ose of this Memorandm is to give record notice to all potential purchasers of
CDX's interest in the Prope~y (w.aether in whole or in pa~), that CDX's interest in the Prope~y
is encumbered by DaWs rights under the Pa~icipation Agreement and, upon DaWs pa~ieipation,
to receive an assigment from CDX covering a specified percentage of CDX's interest in the
Prope~y insole, and in only insof?tr, as the lands and leases which comprise the Prope~y pe~ain
to the well in which Da~ panicipa~ed:
"CDE"
CD EXPLORATION, ~NC.
By: ~ ~J
Name: ' ' %M.p. nt~. Rial"
Title: Vice'~gr~ident
,)
"CGL,"" "
CAL, "CRL" AND "CPH"
CDX GAS, L.L.C.
CDX ARKOMA, L.L.C.
CDX ROCKIES, L.L.C.
CDX PROPERTY HOLDINGS, L.L.C.
By:
Title: ~naging Director
'; . DART ENERGY CORPORATION
Glen Kinder, President
STATE OF OKLAHOMA )
COUNTY OF TULSA )
Before me, the undersigned, a Notary Public, in and for this State, on this 31st day of
August~ 2001, personally 'appeared Monty H~ Rial to me known to be identical person who
subscribed the name of the maker tlhereof to the foregoing instrument on behalf of CD Exploration,
Inc. in his capacity as Vice President; and on behalf of CDX. Gas, L.L.C., CDX Arkoma, L.L.C.,
'CDX Rockies, L.L.C., and CDX Property Holdings, L.L.C. in his capacity as Managing Director;
and acknowledged to me that he executed the same as his free and voluntary act and deed and as the
free and voluntary act and deed of each such corporation or companies, for the uses and. purposes
therein set forth.
[~a.-~--~q~~d seal of office the day and year last'above written.
',~ ~ary Public Oklahoma ~ //~ -
l-ur~a County
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STATE OF OKLAHOMA ) ,
) SS.
COUNTY OF TULSA )
Before me, the undersigned, a Notary Public, in and for this State, on this 31st day of
August, 2001, p~rsonally appeared Glen Kinder, to me known to be identical person who subscribed
the name of the maker thereof to the foregoing instrument as its President and acknowledged to me
that he executed the same as his free and voluntary act and deed and as the free and voluntary act
and deed of such corporation, for the uses and purposes therein se:. forth.
~,.-~.~,~:~.~i~.~.~q3i~&~d sisal of office the day and year last above written.
~ ~ NotaryPublicOklahoma ~ (... ,~~ M/~~
~.~.~ OFFICIAL SEAL I :
~ ~[]~l'.,~..,~J] SUSAN K. WOODSON ~
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