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Home My WebLink About925236 000006 ASSIGNMENT OF OVERRIDING ROYALTY INTEREST This Overriding Royalty Assignment, made this ~ day of October, 2006, by and between Hunter Energy LLC, SOOO South Chester Street, Suite 375, Centennial, CO SOl12, hereinafter called Assignor; and David R. Smith, P.O. Box 270S94, Littleton, Colorado S0127, hereinafter called Assignee. Assignor, named above, owns a working interest in Oil, Gas and Mineral Leases (the "Leases") covering lands located in Lincoln County, Wyoming (the "Lands"). The Leases and Lands are described on Exhibit "A" to this Assignment. For adequate consideration, Assignor transfers, assigns and conveys to Assignee an overriding royalty interest in all of the oil, gas, and other minerals produced, saved, and marketed from all ofthe Lands and Leases equal to 0.50% of S/Sths, (the "Override"). The Override Assigned to Assignee is subject to the following provisions: 1. The terms and provisions of the Leases, any amendments, corrections, additions, or modifications of the Leases made prior to or after the execution of this Assignment. Assignee agrees that future amendments, corrections, additions, or modifications of the Leases may be made without the consent or joinder of Assignee. 2. All applicable laws, rules, regulations, and orders of appropriate governmental authorities and agencies having jurisdiction over the Lands and Leases. 3. The Override is assigned free and clear of all cost and expense of exploration, drilling, development and operation, but except for and subject to its proportionate share of actual third party costs incurred for gathering, transportation and marketing, and its proportionate share of severance, ad valorem and other similar taxes. No payments to the Override will be made or shall accrue on any oil, gas and casinghead gas or other hydrocarbon substances or minerals used for operating, developing, or producing purposes on the Lands under the Leases, or in treating the products produced to make them marketable, or which are unavoidably lost. No payments shall be made to the Override on gas and casinghead gas used for recycling or repressuring operations that benefit the Leases. 4. All payments to the Override shall be made or delivered to Assignee in the same manner provided in the Leases for the payment of royalty to the lessors. 5. If a Lease or Leases cover less than the entire mineral estate in the Lands, Assignor's working interest represents less than 100% of the leasehold estate in a part or all ofthe Lands, or, if for any reason title should fail as to all or part of the leasehold estate owned by Assignor, the Override assigned to Assignee shall be reduced proportionately as to the affected Lease and Lands. 6. In the event the Leases are renewed, or the primary term of the Leases extended by the action of Assignor or Assignor's successors, assigns, and/or legal representatives, then the Override shall remain a burden against the Leases as so extended, or against the renewed Leases. The terms and provisions of this Assignment shall inure to the benefit of Assignor and Assignee and to their heirs, legal representatives, successors, and/or assigns. This Assignment is executed and effective as of the date of acknowledgment of Assignor's signature below. RECEIVED 12/12/2006 at 9:55 AM RECEIVING # 925236 BOOK: 643 PAGE: 6 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 09Z5236 CCOOO~ì' IN WITNESS WHEREOF, Assignor has executed and delivered this overriding royalty assignment to Assignee, the day and year first above written. HUNTER ENERGY LLC By~-L?G:~c- Alan C. O'Hare, President ACKNOWLEDGMENT STATE OF COLORADO } } ss. COUNTY OF ARAPAHOE } The foregoing instrument was acknowledged before me this ~+ctay of October, 2006, by Alan C. O'Hare, President of Hunter Energy LLC, a Delaware limited liability company. WITNESS my hand and official seal. {-/~~ My Commission Expires: 0925236 C) "0 "0 "0 OOOOOB z Q) Q) Q) "0 "0 "0 ë L. L. L. 8 0 0 0:: () () 0 Q) Q) Q) 0:: a::: a::: .!:: 0 - - õ ..... w 0 0 'Ë 0:: Z Z Z C/) a:: "C "S; ro UJ CI C/J "C ~~ I: ~ ro C/JN C/J () ~ UJ. UJ ....J Z ....J C> C/J~ ~ >- ÑZ Z N C/JUJ Z e> ::2: ~ NNNC/J N a> 0 N C/J C/J Z . UJ I: UJ . . .UJ W ~::2: NNNZ UJ L- Z N ::2:ZZZN ::2:Z . a.. 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