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Home My WebLink About943901 RECEIVED 12/212008 at 8:34 AM RECEIVING # 943901 BOOK: 710 PAGE: 133 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY fr/ WELLBORE ASSIGNMENT COû:t.33 THIS WELLBORE ASS'IGNMENT (the "Assignment"), dated effective 12:01 a.m. local time , March 15, 2006 (the "Effective Time"), is from BP America Production Company, a Delaware corporation, whose mailing address is P.O, Box 3092, Houston, Texas 77253-3092 ("Assignor") to EOG Resources, Inc., a Delaware corporation, whose address is 600 Seventeenth Street, Suite 11 OON, Denver, Colorado 80202 ("Assignee"). ' For good and valuable consideration, the receipt and sufficiency of which ar~ hereby acknowledged, Assignor hereby sells, assigns, transfers, grants, bargains, and conveys to Assignee the real and personal property interests described below, located in Lincoln County, Wyoming (the "Well bore Interests"): ! : I I 1. Seventy percent (70%) of Assignor's right, title and interest in and to th¢ wellbore for the Fabian Ditch 531-09E Well, located in the NESW of Section 9, T19N, R112W, 6th P.M.: Lincoln County, Wyoming, at a surface location 2,496 feet from the South line, and 2,467 feet from the ~est line of said Section 9, and all associated equipment and personal property (the "Wellbore"), tog¡ether with such interest of the Assignor derived from the oil and gas lease described on Exhibit A herèo (the "Lease"), insofar and only insofar as the lease covers the land? described on Exhibit A (the "L~ndS") under the Operating Agreement for the Bruff Field dated January 10,1979, as amended, by andibetween Amoco Production Company, as operator, and Anadarko E&P Company and Wexpro, as non-operators, from the surface of the earth to 100 feet below the base of the Frontier formation, defined as the base of the coarsening upward sequence as depicted by well log gamma ray curve occurring at a measured depth of 11,807 measured depth feet in the BP America Production Company CHAMPLIN 1 $6 I #2 (API No. 4904120840), located in Section 13, T18N, R113W, Uinta County, Wyoming (the "Assig~ed Depths"), as is necessary to vest in Assignee ownership of 70% of Assignor's right, title and interest in the Well bore and the production therefrom, limited to the Assigned Depths, including specifically the interest that is attributable to Assignor in the We II bore as may be derived from the Operating Agreement for the Bruff Field dated January 10, 1979, as amended, 2. Rights in and to all existing and effective unitization, pooling and communitization agreements, and other contracts, agreements and instruments to the extent only that they relate to or affect the Wellbore Interests. 3. Concurrent rights of ingress and egress to the Lands, and in and to surface use agreements, rights-of-way, easements, surface leases and other surface rights held by Assignor in connection with ownership or ()peration of the Leases af1d"l.ands. TO HAVE AND TO HOLD the Wellbore Interests unto Assignee and its successors and assigns forever. This Assignment is made and accepted expressly subject to the following terms and conditions: A. THIS ASSIGNMENT IS MADE WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY EXCEPT THAT ASSIGNOR WARRANTS THAT TITLE TO THE WELLBORE INTERESTS IS FREE AND CLEAR OF ANY LIENS AND ENCUMBRANCES CREATED BY, THROUGH OR UNDER ASSIGNOR WITH THE EXCEPTION OF ROYALTY, OVERRIDING ROYALTY AND OTHER BURDENS ON PRODUCTION OF RECORD ON JULY 31, 2003. B. This Assignment is subject to the terms and provisions of the BP-EOG Moxa Arch Farmout Agreement dated July 31, 2003, between Assignor and Assignee (the "Farmout Agreement"). If there is a contlict between the terms of this Assignment and the Farmout Agreement, the terms of the Farmout Agreement shall control and not be deemed to have merged into the terms of this Assignment. COU:t.34 C. This Assignment is subject to the terms, provisions and covenants of the Leases, all Lease burdens of record on July 31, 2003, all existing and effective pooling, communitization and unitization agreements and all other contracts, agreements and instruments related to the Well bore Interests to the extent the same are of record on July 31, 2003 or identified in the Farmout Agreement. D. Assignee agrees to perform all obligations, express or implied, of Assignor under the Leases insofar as such obligations are applicable to the Wellbore Interests. E. To the extent permitted by law, Assignee shall be subrogated to Assignor's rights, to the extent of the Wellbore Interests, in and to representations, warranties and covenants given with respect to the Leases. Assignor grants and transfers to Assignee, its successors and assigns, to the extent so transferable and permitted by law, the benefit of and the right to enforce the covenants, representations and warranties, if any, which Assignor is entitled to enforce with respect to the Leases, but only to the extent not enforced by Assignor. F. The references herein to liens, encumbrances, burdens, defects and other matters shall not be deemed to ratify or create any rights in third parties or merge with, modify or limit the rights of Assignor or Assignee as between themselves, as set forth in the Farmout Agreement. G. Unless provided otherwise, all recording references in Exhibit A hereto are to the official real property records of the county in which the Lands are located. H. Separate governmental forms of assignment of the Wellbore Interests may be executed on officially approved forms by Assignor to Assignee, in sufficient counterparts to satisfy applicable statutory and regulatory requirements. Those assignments shall be deemed to contain all of the exceptions, reservations, warranties, rights, titles, power and privileges set forth herein as fully as though they were set forth in each such assignment. The interests conveyed by such separate assignments are the same, and not in addition to, the Wellbore Interests conveyed herein. I. This Assignment binds and inures to the benefit of Assignor and Assignee and their respective successors and assigns. J. This Assignment may be executed in counterparts, each of which shall be deemed to be an original instrument, but all of which together shall constitute but one instrument. EXECUTED on the dates contained in the acknowledgments of this Assignment, to be effective for all purposes as of the Effective Time. UCTION COMPANY Stacey J. Garvin Atlorne in Fact CI~M 2 Acknowledaements STATE OF TEXAS ) ) ss. ) 0001.35 COUNTY OF HARRIS The foregoing instrument was acknowledged before me this 8 ~ day of A~ ' 200-1... by Stacey J. Garvin, as Attorney in Fact for BP America Production Company, a Delaware corporation. Witness my hand and official seal. My commission expires: L/ ~/ 9 - 2..o/ò lfL~~ ~:~!~~.~] I"";:""¡"'~~' 1'",,911''' CHARLES T. DAVIS, JR. MY COMMISSION EXPIRES April 19,2010 I dJ 77fJ--f- Charles 7: Davis, Jr. STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER) The foregoing instrument was acknowledged before me this :22hd day of 0 c. +0 ,he.r , 200L by J. Michael Schween, as Agent and Attorney in Fact of EOG Resources, Inc., a Delaware corporation. Witness my hand and official seal. My commission expires: 0 I / f 0 / '20 f Ö :7 e V7?~<u . ¡ 3 00û:136 EXHIBIT "A" ATTACHED TO AND MADE A PART OF THAT CERTAIN WELLBORE ASSIGNMENT BY AND BETWEEN BP AMERICA PRODUCTION COMPANY, AS ASSIGNOR AND EOG RESOURCES, INC., AS ASSIGNEE "LANDS" Frontier Formation Drilling and Spacing Unit approved by the Wyoming Oil & Gas Conservation Commission under Order 160-2006: T. 19N., R. 112W.. 6th P.M. Sec. 9: ALL Bruff Frontier Participating Area" B", effective March 1, 1977, under serial number WYW 109442C: T.19N.. R. 112W.. 6th P.M. Sec. 9: SESW, SE "LEASE" BP Lease Number: Lessor: Lessee: Recording: Lease Date: County: State: Legal Description: 600148 Champlin Petroleum Company Amoco Production Company Book 102PR, Page 405 July 27, 1972 Lincoln Wyoming T19N-R112W Section 9: W2, SE 5