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HomeMy WebLinkAbout933194 MINERAL DEED STATE OF WYOMING COUNTY OF LINCOLN ) ) ss. ) 000479 This Mineral Deed is from C. S. O'Connell, as Personal Representative of The Estate of Richard K. O'Connell, also known as R. K. O'Connell, ("Grantor") to the following in the proportions set out beside each name: O'Connell Partners, L.P. a Delaware limited partnership 60.5043% Black Stone Natural Resources II, L.P. a Delaware limited partnership 24.1485% Black Stone Natural Resources II-B, L.P. a Delaware limited partnership, 15.3472% (collectively "Grantee"), whose address is 1001 Fannin, Suite 2020, Houston, Texas 77002. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant, sell, and convey unto Grantee, all of Grantor's right, title and interest, if any, in and to the following: 1. The oil, gas and associated liquid and gaseous hydrocarbons, including, without limitation, coalbed methane gas, all coal, lignite, gold, silver, uranium, limestone, sand, rock, caliche, water and any other substance or mineral (collectively, "Minerals") in and under the lands described on Exhibit "A" attached hereto and made a part hereof ("Mineral Lands"), and all other interest, if any, owned by Grantor, in, to and under the Mineral Lands. For purposes of this Agreement, the term "coalbed methane gas" shall mean all gas which can be produced from a coal seam or the rock or other strata in communication with a coal seam. The term "Mineral Lands" shall also include for purposes of this Agreement all of the Minerals and mineral fee interests of every kind and nature owned by Grantor, whether or not specifically or correctly described in Exhibit "A", it being the intent hereby to sell and convey to Grantee all of Grantor's right, title and interest in and to all Minerals and mineral fee interests of every kind and nature owned by Grantor as of the Effective Date whether or not specifically or correctly described on such Exhibit "A"; 2. all Minerals produced from or attributable to the Properties (as hereinafter defined) after the Effective Date; 3. all geological, seismic and other technical data in Grantor's possession relating to the Properties, to the extent not subject to third party consents or restrictions on transfer; RECEIVED 9/17/2007 at 3:28 PM RECEIVING # 933194 BOOK: 672 . PAGE: 479 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY 1 0004¡:O 4. all files, muniments of title, reports, logs, core samples, maps, interpretive data and engineering data and information that directly relate to the Properties; 5. all files, records and data relating to the Properties maintained by Grantor, but excluding (i) Grantor's company files and tax-related records to the extent not relevant to the Properties, and (ii) records and data to the extent transfer thereof is prohibited by unaffiliated third party contractual transfer; 6. all contracts relating to the interests conveyed herein ("Contracts"); 7. all executive rights and other rights whatsoever related to the Properties, including, without limitation, (i) the exclusive right to grant leases covering the Mineral Lands and (ii) the right to execute any and all instruments relating to all existing oil and gas leases that Grantee in its sole discretion deems necessary or advisable, including, without limitarion, all amendments, extensions, pooling agreements, unitization agreements or other agreements of any nature whatsoever relating to such leases; 8. all real or immovable property and rights incident to the Properties (as hereinafter defined), including (i) all rights with respect to the use and occupation of the surface of and the subsurface depths under the Properties; and (ii) all rights with respect to any pooled, communitized or unitized acreage by virtue of any Property being a part thereof, including all production from such pool or unit allocated to any such Property; 9. the rights of ingress and egress and use of the surface of the Properties to the extent reasonably necessary to permit Grantee to explore, drill, develop, produce, treat, store, remove, transport and own all of the Properties; and 10. all rights in, to and under the Contracts, including, without limitation, all claims of Grantor against third parties relating to the Properties, whether choate or inchoate, known or unknown, contingent or noncontingent; , (all of the properties described in Sections 1-10 above being hereinafter collectively referred to as the "Properties"). To have and to hold the Properties unto Grantee, its successors and assigns, forever; and Grantor agrees to warrant and forever defend all and singular the title to the Properties unto Grantee against every person whomsoever lawfully claiming the same, or any part thereof, by, through and under Grantor, but not otherwise; and with full substitution and subrogation of Grantee, and all persons or entities claiming by, through and under Grantee, in and to all covenants, warranties and indemnities given or made by Grantor's predecessors in title and with full subrogation of all rights accruing under applicable statutes of limitation or prescription and all rights of action of warranty against all former owners of the interests herein conveyed. This Mineral Deed shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns and shall constitute covenants running with the land. 2 0'0048:1 Dated and effective as of7:00 a.m., Mountain Time, August 20,2007 ("Effective Date"). GRANTOR: THE ESTATE OF RICHARD K. O'CONNELL By: Q)SlD ~ C. S. O'Connell, Personal Representative GRANTEE: O'CONNELL PARTNERS, L.P. By: BSAP II GP, L.L.C., its General Partner By: ~h~ aUÞ~~ Ii A. Vanderhider Executive Vice President & Chief Financial Officer BLACK STONE NATURAL RESOURCES n, L.P. By: BSAP II GP, L.L.C., its General Partner By: ~/ isl/ LÆ.-t~ ~ I e A. Vanderhider Executive Vice President & Chief Financial Officer BLACK STONE NATURAL RESOURCES n-B, L.P. By: BSAP II GP, L.L.C., its General Partner By: igt~ a r h_d--t£. ~ H Ii A. Vanderhider - E utlve VIce PresIdent & ChIefFmanciaI Officer [Signature Page--Mmeral Deed] 000482 ACKNOWLEDGMENTS STATE OF WYOMING § § COUNTYOFNATRONA § This instrument was acknowledged before me this \~ day of August, 2007 by C. S. O'Connell, as Personal Representative of The Estate of Richard K. O'Connell, on behalf of said Estate. ",""R~PÙIIJC . C'~,~ r·~" \.~ COUNTY OF St Cherri R. Ne an, Notary ~c NATRONA W:O~I~ My Commission Expires: May 29, 2008 My Commission Expires May 29, 2008 STATE OF COLORADO § § COUNTY OF ARAPAHOE § This instrument was acknowledged before me this 20ih day of August, 2007 by Hallie A. Vanderhider, Executive Vice President & Chief Financial Officer, of BSAP II GP, LL.C., General Partner of O'Connell Partners, L.P., Black Stone Natural Resources II, L.P. and Black Stone Natural Resources II-B, L.P., all Delaware limited partnerships, on behalf of said partnerships. ~~. 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