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Home My WebLink About874548 - - 874548 - HECEIVEO LlNCOL.N COUNTY CLERK Of JUt, 3 {;J) (0: 28 " ASSIGNMENT AND BILL OF SALE JE 11,'\1",,- '1!'\ ('~IE'R .,. _. i'~~ ~,.'~~:: ",);( /"\'J'~'... ' KEMMr;,Rt.R. WYOMING '-t(... ~~ r- n r" BOOK~~':~PR p AGH~.!~~_~~__ KNOW ALL MEN BY THESE PRESENTS: THAT for and in consideration ofTen Dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned FMC CORPORATION ("FMC'), whose address is P.O. Box 872, Green River, Wyoming 82935, dÇ>es hereby ASSIGN, TRANSFER, SE:r OVER and CONVEY unto EOG RESOURCES, INC. ("EOG"), a Delaware corporation whose address is 600 Seventeenth Street, Suite 11 OON, Denver, Colorado 80202, subject to the terms and provisions set forth herein, all ofFMC's right, title and interest in and to the oil and gas leases (the "Leases") specifically described in Schedule 1 attached hereto and made a part hereof for all purposes, insofar and only insofar as said Leases apply to the lands and depths [,pecified in said Schedule 1, as well as all ofFMC's right, title and interest in and to all property and rights incident thereto, including, without limitation, all materials, equipment, personal property and fixtures located thereon or used solely in connection therewith (the "Equipment'), and all agreements, leases, permits, rights-of-way, easements, licenses, options and orders in any way relating thereto. All of the foregoing properties, rights and interests are collectively referred to herein as the "Subject Interests". The Subject Interests expressly exclude, however, the gas gathering system owned by FMC to the extent that such gathering system is located on lands other than those specified in Schedule 1. 1. THIS ASSIGNMENT AND BILL OF SALE IS MADE BY FMC AND ACCEPTED BY EOG WITHOUT REPRESENTATIONS, COVENANTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS AND WARRANTIES RELATING TO TITLE OR THE QUANTUM OF INTEREST CONVEYED. EOG HAS MADE ITS OWN INDEPENDENT EXAMINATION AND IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF FMC. WITHOUT LIMITING THE GENERALITY.OF THE FOREGOING, THIS ASSIGNMENT AND BILL OF SALE IS EXECUTED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION AS TO THE MERCHANTABILITY OF ANY OF THE WELLS OR EQUIPMENT OR THEIR FITNESS FOR ANY PURPOSE. IT IS UNDERSTOOD AND AGREED THAT EOG HAS INSPECTED THE PROPERTY AND PREMISES AND HAS SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURF ACE AND SUB SURF ACE, AND THAT EOG IS ACCEPTING ALL OF THE SUBJECT INTERESTS IN THEIR "AS IS, WHERE IS" CONDITION. IN ADDITION, FMC MAKES NO WARRANTY OR REPRESENT A TION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION OR MATERIALS HERETOFORE OR HEREAFTER FURNISHED EOG IN CONNECTION WITH THE SUBJECT INTERESTS, OR AS TO THE QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE SUBJECT INTERESTS OR THE ABILITY OF THE INTERESTS TO PRODUCE HYDROCARBONS. ANY AND ALL SUCH DATA, INFORMATION AND OTHER MATERIALS FURNISHED BY FMC HAS BEEN PROVIDED EOG AS A CONVENIENCE AND ANY RELIANCE ON OR USE OF THE SAME IS AT EOG'S SOLE RISK. - - - o !:f';1.1: ~~ .(~8 r') '. J (~b 2. FMC will execute and deliver all such other and additional instruments, notices, releases, acquittances and other documents, and will do all such other acts and things, as may be necessary more fully to assure to EOG or its successors or assigns all of the respective rights and interests herein and hereby granted or intended to be granted. 3. By its acceptance of this Assignment ànd Bill of Sale, EOG shall comply with and does hereby assume and agree to perform all express and implied covenants, obligations and reservations contained in the Leases, and the interests assigned herein are subject to and shall bear all existing burdens on the Leases. 4. This Assignment and Bill of Sale is subject to the terms and provisions of that certain Transfer Agreement dated March 23,2001, by and between FMC and EOG. 5. The provisions hereof shall be covenants running with the lands and shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. EXECUTED this.a1- day of March, 2001, to be effective as of7:00 a.m. on March 29, 2001. FMC CORPORATION BY:~. mr 1 es Pearce, Resident Manager EOG RES0Y:RCfS, INC. ,':/ if ~,// / j " l ... I //j // / ._,...... By: // / ¡/ ',r----'---'''' \ \'I ~ J. }\v,fÎchael ~chween, ,,'t) A~ent and Attorney-in-Fact ,/ / ¡ 2 ~ ". OH74~)L,\8 STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER) r- r) 'j J (... The foregoing instrument was acknowledged before me this~ day of March, 2001, by J. Michael Schween as Agent and Attorney-in-Fact ofEOG Resources, Inc., a Delaware corporation. Witness my hand and official seal. My Commission Expires: t "2/2-1/ ð{ STATE OF WYOMING ) ) ss. ) COUNTY OF SWEETWATER ,¡. ~{u'~~:~!~~~~~_·····'- ····_~·:~N:~~~:~i;i~;·f.1 i Sweetwater Wyoming ~~ ;\ My Commission Expires: "\ \ tV1 \ 03,;p - lCû1'J'151f151)15'1"j''ö 0 0 0 C 0 C 0 c 0 Q I) ö 0 0 0 Q jQì; The foregoing instrument was acknowledged before me this -ªl day of March, 2001, by James Pearce as Resident Manager ofFMC Corporation, a corporation. Witness my hand and official seal. My Commission Expires: \ læ-\03 - 0Uron -\'í.~ Notary Public 3 - - - - -: . , () r3 ~'~3 t~ ~ j¡ ila r: r.. 0 J,~ u SCHEDULE 1 LEASES, LANDS AND DEPTH RESTRICTIONS DESCRIPTION DEPTH RESTRICTION LESSOR SERIAL NO. DATE USA EV-024521-A 11-1-48 Township 23 North, Range 112 West Section 22: SE/4 SE/4 Lincoln County. Wyoming From the surface down to and including a depth of 10,902' USA EV-024521-B 11-1-48 Township 23 North, Range 112 West Section 22: SW/4, N/2 SE/4, SW/4 SE/4 Lincoln County, Wyoming From the surface down to and including a depth of 10,902' I I USA EV-024521-B 11-1-48 ~. .'. Township 23 North, Range 112 West Section 22: N/2 Lincoln County, Wyoming From the surface down to and including a depth of 10,850' The foregoing leases are subject to certain unrecorded instruments, including, without limitation, a Gas Development Agreement dated September 1, 1973, between Petroleum Corporation and FMC Corporation. WELLS WELL NAME LOCATION Emigrant Springs #6-22 Township 23 North, Range 112 West Section 22: C NW/4 Lincoln County, Wyoming Emigrant Springs #7-22 (now plugged and abandoned) Township 23 North, Range 112 West Section 22: NW/4 SE/4 Lincoln County, Wyoming 4