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RECEIVED 3/20/2009 at 9:30 AM
RECEIVING # 946030
BOOK: 718 PAGE: 162
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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ASSIGNMENT AND CONVEYANCE
THIS ASSIGNMENT AND CONVEYANCE (the "Assignment"), dated effective
March / ÚJ , 2009, at 7:01 a.m., Casper, Wyoming Time (the "Effective Time"), is from
Hilltop National Bank, as Trustee of the Revocable Trust of Elizabeth M. Holmes dated January
4, 2000, ("Assignor") whose address is P. O. Box 2680, Casper, WY 82602 to: Dana Marie
Howie [undivided ~ of grantor's intérest] and Stacy Elizabeth Hoffine [undivided ~ of grantor's
interest] .
I.
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor hereby
transfers, grants, bargains, sells, conveys and assigns to the Assignee all of the Assignor's right,
title, claims, interests and estates in and to the following interests (hereinafter referred to as the
"Interests"), save and except those rights, claims, title, interests and estates specifically excepted,
reserved or excluded in Paragraph II hereinbelow:
...,J
(a)
All the interests in oil, gas and other minerals, wherever situated, presently
owned by Assignor, which interests include, without limitation, interests
in and to or derived under the oil, gas and, mineral leases, other mineral
leases and options to lease; all overriding royalty interests; all mineral
interests; all production payment interests; all fee interests; all oil, gas and
mineral servitudes; all oil, gas and mineral royalty interests; and all
interests, of whatever nature, in the lands described in Exhibit "A" hereto
(the foregoing interests shall hereinafter be referred as the "Property" or
"Properties"), and which interests include, without limitation, all oil, gas
and other minerals in, on, produced (after the Effective Time) from or
otherwise attributable to each Property, and all rights, easements, uses,
profits a prendre, privileges, benefits and powers conferred upon the
owner of each Property with respect to the use and occupation of the
surface of, and the subsurface depths under, the land covered by such
Property which may be necessary, convenient or incidental to the
possession and enjoyment of the Property, except as specifically limited
and excepted hereinbelow it being the intent of Assignor to convey to
Assignee all of Assignor's interest in the Property whether or not correctly
described in Exhibit "A". However, any real property found to belong to
the Assignor after the date of this Assignment and Conveyance shall not
be subject to this Assignment and Conveyance.
(b) All of Assignor's right, title, interest, obligations, duties and estate in and
to or derived under all properties and agreements, contracts and other
rights incident to the Properties or lands pooled or unitized therewith,
including oil, gas and product sales, purchase, transportation, exchange
and processing contracts, casinghead gas contracts, division orders,
operating agreements, balancing agreements, joint venture agreements,
secondary and tertiary recovery unit agreements, farmout and farm-in
agreements, commingling agreements, and all other contracts, agreements
and instruments (including, without limitation, the benefits, obligations
and liabilities of penalty provisions thereof and future interests,
reversionary rights and deferred interests) and orders in any way relating
thereto, which relate to any of the Properties, or to the production of oil,
gas and other minerals from or attributable to the Properties, but only
insofar as such contracts, agreements and instruments relate to either the
Properties or to oil, gas and related products purchased or otherwise
obtained by third parties; the recitations in specific descriptions that
certain interests are subject to a specifically described agreement or
interest shall not operate to subject any such interest to any such agreement
00&1.63
or instrument except to the extent that such agreement or instrument is
valid and presently subsisting with respect to such interest;
(c) All of Assignor's right, title, interest and estate in and to or derived from
the oil, gas, or mineral unitization, pooling and communitization
agreements, declarations and orders relating to the Properties and the units
created thereby (including, without limitation, all units formed under
orders, regulations, rules or other official acts of any federal, state or other
governmental agency having jurisdiction), which relate to any of the
Properties, or to the production of oil, gas or other hydrocarbons from or
attributable to the Properties;
d) All of Assignor's right, title and interest on all oil, gas and other minerals,
wheresoever situated, presently owned by Assignor, or hereinafter
acquired, but not described on Exhibit "A", it being Assignor's intent to
convey all mineral interests owned by Assignor.
TO HAVE AND TO HOLD the Interests unto Assignee, its successors and
assigns, forever.
II.
The Interests are assigned, subject to any and all liens, claims, encumbrances,
royalty burdens, overriding royalty burdens, production payment burdens, pooling designations,
unit agreements, communitization agreements, farmout agreements, operating agreements,
contribution agreements, regulatory orders, instruments, agreements and any other matters
affecting the Interests, including, without limitation, the liens, claims, encumbrances,
instruments, agreements and other matters described in subsections I(a), (b) and (c) above, to the
extent the same are subsisting, enforceable and affect the Interests. In the event there is a conflict
between the terms and provisions of this Assignment and the provisions of any statutory, judicial
or regulatory orders, rules or regulations, or the provisions of any agreements or other matters set
out above, then except as set out herein, the terms of any such valid rules, regulations, orders,
agreements or other such matters shall prevail, to the extent they are valid, enforceable and
applicable to the properties.
III.
Assignor also hereby grants, assigns and transfers to Assignee, his successors and
assigns, to the extent so transferrable, (a) the benefit of and the right to enforce the covenants,
obligations and warranties, if any, which Assignor is entitled to enforce with respect to the
Interests against Assignor's predecessors in title to the Interest and (b) full substitution and
subrogation of all rights accruing under the statutes of limitations or prescriptions under the laws
of the state of Wyoming.
IV.
The parties agree to execute, acknowledge and deliver all such further documents
that are necessary or useful in carrying out the purposes of this Assignment, including, without
limitation, notices, division orders, transfer orders and other documents and to do all such other
and further acts and things as may be necessary to more fully and effectively grant, convey and
assign to Assignee the Interests conveyed hereby or intended so to be.
I
This Assignment shall bind and inure to the benefit of Assignor and Assignee and
his respective successors and assigns.
EXECUTED on /))l^'e L: h J (p. óJOO7 ' to be effective for all purposes as
of the Effective Time.
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ASSIGNOR: Hilltop National Bank, as Trustee of
the Revocable Trust of Elizabeth M. Holmes dated
January 4, 2000
Hilltop National Bank
By: £hØL C~f
~ .
Title: ,J{ (h~¿ (d/»¿db»f
ACKNOWLEDGMENT
STATE OF WYOMING )
) SS.
COUNTY OF NA TRONA )
! '
me by ;
Trustee of the Revocabl
day of~~ 2009.
Witness my hand and official seal.
The oregoing ASSIGNMENT AND CONVEYANCE was acknowledged before
on behalf of Hilltop National Bank, as
Trust of Elizabeth M. Holmes dated January 4, 2000, on this f (04....
;;.!öI ~Á.-~.a--..ÿ:-
NOTARY PUBLIC
CASSANDRA SHOGREN
STATE 0.. WYOMING j,
COUNTY elF r."".-íROMA
-_ . . _ - "'e OS 2011
Co ~g~~.P~_." .
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EXHIBIT "A"
From the lands described as The Hogsback Well Lincoln County, Wyoming:
State: Wyoming (49) Coutny: Lincoln
Town: 0026 N Range 0113 W Mer: Sect: 0008
Subthrust Frontier Formation
W/2