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HomeMy WebLinkAbout951219Return Recorded Copy to: Fortuna (US) L.P. c/o Talisman Energy, Inc. Suite 2000, 888 3 Street S.W. Calgary, Alberta T2P 5C5 #8834162 vl RECEIVED 12/21/2009 at 2:27 PM RECEIVING 951219 BOOK: 738 PAGE: 700 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ASSIGNMENT OF OIL AND GAS LEASES THIS ASSIGNMENT made this 10 day of December, 2009 is entered into by: FORTUNA (US) L.P., a Delaware limited partnership, qualified to conduct business in the State of Wyoming, Suite 2000, 888 3 Street S.W., Calgary, Alberta, Canada T2P 5C5, "Assignor -and- ANSCHUTZ EXPLORATION COMPANY, a corporation, qualified to conduct business in the State of Wyoming, Suite 2400, 555 17 Street, Denver, Colorado 80202, "Assignee (collectively called the "Parties" or, individually, a "Party 000700 FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, and subject to the reservations, conditions and covenants provided for herein, Assignor hereby sells, transfers, assigns and conveys unto Assignee 20% of Assignor's right, title, interest and estate in and to the oil and gas leases described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Leases together with Assignor's proportionate right, title and interest in and to all easements, rights -of- way, permits, licenses, surface leases and other surface rights owned or held in connection with the Leases, insofar and only insofar as the Leases pertain to the lands described in Exhibit "A" (the "Lands The interests herein conveyed by Assignor to Assignee in the Leases (the "Assigned Interests are made subject to the following terms and conditions: 1. This Assignment is made without warranty of title, express or implied, except by, through or under Assignor. Assignor hereby assigns to Assignee, with full right of subrogation, to the extent so transferable, the benefit of and the right to enforce the covenants and warranties, if any, which Assignor is entitled to enforce with respect to the Leases, whether recorded or unrecorded. 2. Assignee hereby accepts the Assigned Interests and assumes and agrees to pay, perform and discharge all duties, obligations, liabilities, costs, expenses and claims arising from or accruing with respect to the ownership and operation of the Assigned Interests. 3. Assignor and Assignee have entered into the following agreement (hereafter referred to as "Agreement (a) Drilling and Option Agreement, Bear Canyon Prospect, Wyoming, dated March 27, 2007. 1 of 3 000701 4. This Assignment has been made pursuant to the above referenced Agreement and the terms and conditions of the Agreement and any subsequent amendments thereto, are hereby incorporated into this Assignment by reference. 5. If any term or condition of this Assignment conflicts with or is in variance with a term or condition of the Agreement, then such term or condition in the Agreement shall prevail, and this Assignment shall be deemed amended to the extent necessary to give effect to such term or condition in the Agreement. 6. Each of the interests herein assigned is subject to its proportionate part of all valid and subsisting overriding royalty interests and other non expense bearing burdens of record. 7. Assignee agrees to indemnify and hold Assignor harmless from all claims, liability, loss, damage, consequential damages or expense resulting from Assignee's performance of the Leases, Assignee's occupation of any part of the Lands covered by the Leases, or the exploration for, or extraction of, any oil, gas, or other hydrocarbon substances, under the Leases. 8. This Assignment shall be governed by the laws of the State of Wyoming. Each party irrevocably waives its right to a jury trial with respect to the matters contained herein. 9. In the event of litigation relating to this Assignment, the non prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom. 10. This Assignment shall be binding upon and shall inure to the benefit of Assignor and Assignee, their respective successors and assigns, and the covenants, terms, exceptions, reservations and conditions hereof shall be covenants running with the lands and with each transfer or assignment of the Leases. 11. Separate assignments of the Leases may be executed on officially approved forms by Assignor to Assignee to satisfy applicable statutory or regulatory requirements. The interests conveyed by such separate assignments are the same, and not in addition to, the interests conveyed herein. 12. This Assignment is dated as first written above, but shall be effective as of the date in which Assignor acquired an interest in the respective Lands and Leases. 2 ASSIGNOR: Fortuna (US) L.P. by its general partner FUSI GP Inc. B Adam Wolfenden, Attorney -in -Fact for FUSI GP Inc., general partner of Fortuna (US) L.P. PROVINCE OF ALBERTA ss: DOMINION OF CANADA 1 1l O The foregoing instrument was acknowledged before me this day of Vke,2009, by Adam Wolfenden, as Attorney -in -Fact for FUSI GP Inc., a Delaware corporation, as general partner of Fortuna (US) L.P., a Delaware limited partnership. The above identified individuals acknowledged to me that they were authorized to execute the foregoing instrument on behalf of said company. r Witness my hand and official seal. My Commission Expires: at the pleasure of Her Majesty Queen Elizabeth II 3 006"°`' ©2 DE AEOk. K EY BARiRISTER- &'SOLICITOR 4'O3 Exhibit "A" to Assignment of Oil and Gas Leases, dated December 10, 2009. IA 9690£061# U State of Wyoming (117882) Eff. Feb 07, 2007 Exp. Feb 06, 2012 Primary 120.00 Acres Robert E. Sutton, ind /heir to the Estates of L. Morris Sutton and Dorothy H. Sutton and sole heir to the Estate of Glen Emerson Sutton; and Shirley A. Sutton, his wife. (121147) Eff. Apr 12, 2007 Exp. Apr 11, 2010 Primary Undivided 4.0% interest 1.60 Acres Carol Jean Sutton, a single woman (121121) Eff. Apr 11, 2007 Exp. Apr 10, 2010 Primary Undivided 3.0% interest 3.60 Acres State of Wyoming (117898) Eff. Feb 07, 2007 Exp. Feb 06, 2012 Primary 120.00 Acres Robert E. Sutton, ind /heir to the Estates of L. Morris Sutton and Dorothy H. Sutton and sole heir to the Estate of Glen Emerson Sutton; and Shirley A. Sutton, his wife. (121185) Eff. Apr 12, 2007 Exp. Apr 11, 2010 Primary Undivided 4.0% interest 4.80 Acres Broadbent Land and Resources, LLC (121360) Eff. Sep 05, 2007 Exp. Sep 04, 2010 Primary 680.00 Acres State of Wyoming (117893) Eff. Feb 07, 2007 Exp. Feb 06, 2012 Primary 120.00 Acres Lease (File No.) Split Twp 23N Rge 117W 6TH PM Meridian Section 6 Ptn; (LOT 14); Twp 23N Rge 117W 6TH PM Meridian Section 6 S1 /2NE1/4; ALL PNG FROM SURFACE TO BASEMENT Twp 24N Rge 118W 6TH PM Meridian Section 25 SW1 /4SW1 /4; ALL PNG FROM SURFACE TO BASEMENT Twp 24N Rge 118W 6TH PM Meridian Section 26 S1 /2SE1 /4,NW1 /4SE1 /4; ALL PNG FROM SURFACE TO BASEMENT Twp 23N Rge 118W 6TH PM Meridian Section 27 SW1 /4NE1/4; Twp 23N Rge 118W 6TH PM Meridian Section 35 W1/2SW1/4; ALL PNG FROM SURFACE TO BASEMENT Twp 24N Rge 118W 6TH PM Meridian Section 26 S1 /2SE1 /4,NW1 /4SE1 /4; ALL PNG FROM SURFACE TO BASEMENT Twp 22N Rge 118W 6TH PM Meridian Section 3 S1/ 2NW1/ 4, N1 /2SW1 /4,SW1 /4NE1 /4,SE1 /4SW1 /4; Twp 22N Rge 118W 6TH PM Meridian Section 10 N1/2N1/2,S1/2SW1/4; Twp 22N Rge 118W 6TH PM Meridian Section 11 N1 /2NW1 /4; ;Twp 22N Rge 118W 6TH PM Meridian Section 15 NE1 /4NW1 /4,NW1 /4NE1/4; Twp 23N Rge 118W 6TH PM Meridian Section 26 SW1 /4NW1/4; ALL PNG FROM SURFACE TO BASEMENT Twp 23N Rge 118W 6TH PM Meridian Section 25 S1 /2NE1 /4,NE1 /4NW1/4; ALL PNG FROM SURFACE TO BASEMENT Legal Description LOR 16.6667% on 100% LOR 16.6667% on 100% LOR 16.6667% on 100% LOR 16.6667% on 100% LOR 16.6667% on 100% LOR 16.6667% on 100% LOR 16.6667% on 100% Permitted Encumbrances 4'O3 Exhibit "A" to Assignment of Oil and Gas Leases, dated December 10, 2009. IA 9690£061# f—Nlitio /fuck tai a 0 0 0 0 G1 0 CD 0 doa CD CD CD CD C CD 0 N O O 1G.UV t1U1Gs Kenneth B. Sutton and Deann L. Sutton, husband and wife. (121124) Eff. Apr 11, 2007 Exp. Apr 10, 2010 Primary Undivided 3.0% interest 3.60 Acres G /.GU ri.1Gs Robert Everts, ind /as sole heir to the Estate of Mary Ann Everts, deceased, and Carolyn A. Everts, his wife. (121004) Eff. Apr 11, 2007 9 +.0v 1�1.1GJ Jerry R. Kennedy, as TTEE of the Jerry R. Kennedy Family Living Trust, dated January 31, 1992 (121084) Eff. Mar 27, 2007 Exp. Mar 26, 2012 Primary Undivided 17.0% interest ^1 "1 A Shelley M. Sutton, ind /heir to the Estates of Roy Vernon Sutton, deceased, and Verona Belle Sutton, deceased, and Kenneth J. Nakatsu, her husband. (121194) Eff. Apr 12, 2007 Exp. Apr 11, 2010 Primary Undivided 4.0% interest U.o /AU Gs State of Wyoming (117892) Eff. Feb 07, 2007 Exp. Feb 06, 2012 Primary 119 97 Acres 1 Twp 24N Rge 118W 6TH PM Meridian Section 26 S1/2SE1/4,NW1/4SE1/4; ALL rNU rKulvi SURFACE TO BASEMENT Twp 24N Rge 118W 6TH PM Meridian Section 26 S1 /2SE1 /4,NW 1/4SR1/4; ALL FNli rKVM SURFACE TO BASEMENT Twp 24N Rge 118W 6TH PM Meridian Section 25 SW1 /4SW1 /4;'1'wp 24N Kge 1 tow bin rive Meridian Section 26 S1 /2SE1 /4,NW1 /4SE1 /4; ALL PNG FROM SURFACE TO BASEMENT Twp 24N Rge 118W 6TH I'M Meridian becuon vv SURFACE TO BASEMENT y J n n n N 0 0 3 i CIN CD C; C o LOR 16.6667% on 100% 1,,, c ccclot 1A110/.. LOR 16.6667% on 100% l,,, c ccc10c 1 !1110/_ f—Nlitio /fuck tai a 0 0 0 0 G1 0 CD 0 doa CD CD CD CD C CD 0 N O O �C705 00706 Exhibit "A" to Assignment of Oil and Gas Leases, dated December 10, 2009. T 9690 £06# N O Richard R. Sutton and Marcia M. Sutton, husband and wife. (121144) Eff. Apr 07, 2007 Exp. Apr 06, 2010 Primary Undivided 3.0% interest 1.20 Acres State of Wyoming (117899) Eff. Feb 07, 2007 Exp. Feb 06, 2012 Primary AL(1 (l() A rrac State of Wyoming (117897) Eff. Feb 07, 2007 Exp. Feb 06, 2012 Primary d(1 fl() A rrrC Janice M. Johnson, ind /heir to the Estates of Roy Vernon Sutton, deceased, and Verona Belle Sutton, deceased, and Paul Edward Johnson, her husband. (121072) Eff. Apr 12, 2007 Exp. Apr 11, 2010 Primary Undivided 4.0% interest d R(1 A rrac State of Wyoming (117883) Eff. Feb 07, 2007 Exp. Feb 06, 2012 Primary Rfl fin Arrac Shelley M. Sutton, ind /heir to the Estates of Roy Vernon Sutton, deceased, and Verona Belle Sutton, deceased, and Kenneth J. Nakatsu, her husband. (121192) Eff. Apr 12, 2007 Exp. Apr 11, 2010 Primary Undivided 4.0% interest 1 All Arras Adelle Barrette, a married woman dealing in her sole and separate property, ind /heir to the Estates of L. Morris Sutton, deceased, and Dorothy H. Sutton, deceased. (120993) Eff. Apr 12, 2007 Exp. Apr 11, 2010 Primary Undivided 2.0% interest dfl A rras Lease (File No.) Twp 24N Rge 118W 6TH PM Meridian Section 25 SW1 /4SW1 /4; ALL PNG FROM SURFACE 10 BASEMENT Twp 24N Rge 118W 6TH PM Meridian Section 36 Ptn; (RESURVEY TR. 56 (FORMERLY ALL OF SECTION: 36)); ALL PNG FROM SURFACE TO BASEMENT Twp 23N Rge 118W 6TH PM Meridian Section 27 NE1 /4NW1/4; ALL PNG FROM SURFACE 10 BASEMENT Twp 24N Rge 118W 6TH PM Meridian Section 26 S1 /2SE1 /4,NW1 /4SE1 /4; ALL PNG FROM SURFACE TO BASEMENT Twp 23N Rge 117W 6TH PM Meridian Section 7 N1 /2NE1 /4; ALL PNG FROM SURFACE 10 BASEMENT Twp 24N Rge 118W 6TH PM Meridian Section 25 SW1/4SW1/4; ALL PNG FROM SURFACE 10 BASEMENT I Twp 24N Rge 118W 6TH PM Meridian Section 26 S1 /2SE1 /4,NW1 /4SE1 /4; ALL ?NU PROM SURFACE TO BASEMENT i 1 Legal Description LUK 16.606 /70 on 1 VU 70 LUK 16.666/70 on IUU70 LUK16.bb /7o on1VU7o LUK 16.6667 7o on l UU 7o LUK 10.000 /7o On 1UV70 00706 Exhibit "A" to Assignment of Oil and Gas Leases, dated December 10, 2009. T 9690 £06# J[)0707 Exhibit "A" to Assignment of Oil and Gas Leases, dated December 10, 2009. IA 9690£06# N N J Carol Jean Sutton, asingle woman (121081) Eff. Apr 11, 2007 Exp. Apr 10, 2010 Primary Undivided 3.33333% interest 1.33 Acres Elrae Anne Watson, aka E. Anne Watson, ind /heir to the Estate of Verona Belle Sutton, deceased, and Donald G. Watson, her husband. (121196) Eff. Apr 12, 2007 Exp. Apr 11, 2010 Primary Undivided 1.66666% interest 2.00 Acres Kenneth B. Sutton and Deann L. Sutton, husband and wife. (121122) Eff. Apr 11, 2007 Exp. Apr 10, 2010 Primary Undivided 3.0% interest 1.20 Acres Lynn Morris Sutton, ind /heir to the Estates of L. Morris Sutton, deceased and Dorothy H. Sutton, deceased, and Barbara J. Sutton, his wife. (121137) Eff. Apr 12, 2007 Exp. Apr 11, 2010 Primary Undivided 2.0% interest 0.80 Acres Robert Everts, ind /as sole heir to the Estate of Mary Ann Everts, deceased, and Carolyn A. Everts, his wife. (121082) Eff. Apr 11, 2007 Exp. Apr 10, 2010 Primary Undivided 10.0% interest 14.00 Acres Janice M. Johnson, ind /heir to the Estates of Roy Vernon Sutton, deceased, and Verona Belle Sutton, deceased, and Paul Edward Johnson, her husband. (121071) Eff. Apr 12, 2007 Exp. Apr 11, 2010 Primary Undivided 4.0% interest 1.60 Acres Lease (File No.) Split Twp 24N Rge 118W 6TH PM Meridian Section 25 SW1 /4SW1 /4; ALL PNG FROM SURFACE TO BASEMENT Twp 24N Rge 118W 6TH PM Meridian Section 26 S1 /2SE1 /4,NW1 /4SE1/4; ALL PNG FROM SURFACE TO BASEMENT Twp 24N Rge 118W 6TH PM Meridian Section 25 SW1 /4SW1 /4; ALL PNG FROM SURFACE TO BASEMENT Twp 24N Rge 118W 6TH PM Meridian Section 25 SW1 /4SW1 /4; ALL PNG FROM SURFACE TO BASEMENT Twp 24N Rge 118W 6TH PM Meridian Section 25 SW1 /4SW1 /4; ALL PNG FROM SURFACE TO BASEMENT Twp 24N Rge 118W 6TH PM Meridian Section 25 SW1 /4SW1 /4; ALL PNG FROM SURFACE TO BASEMENT Legal Description LOR 16.6667% on 100% LOR 16.6667% on 100% LOR 16.6667% on 100% LOR 16.6667% on 100% i LOR 16.6667% on 100% I1 LOR 16.6667% on 100% Permitted Encumbrances J[)0707 Exhibit "A" to Assignment of Oil and Gas Leases, dated December 10, 2009. IA 9690£06# W A W W Dorothy M. Nicolaysen, a married woman dealing in her sole and separate property, ind /heir to the Estates of L. Morris Sutton, deceased, and Dorothy H. Sutton, deceased. (121103) Eff. Apr 12, 2007 Exp. Apr 11, 2010 Primary Undivided 2.0% interest 2.40 Acres Lynn Morris Sutton, ind /heir to the Estates of L. Morris Sutton, deceased and Dorothy H. Sutton, deceased, and Barbara J. Sutton, his wife. (121138) Eff. Apr 12, 2007 Exp. Apr 11, 2010 Primary Undivided 2.0% interest 2.40 Acres Lease (File No.) Split I Twp 24N Rge 118W 6TH PM Meridian Section 26 S1/2SE1/4,NW1/4SE1/4; ALL PNG FROM SURFACE TO BASEMENT 1Twp 24N Rge 118W 6TH PM Meridian Section 26 S1/2SE1/4,NW1/4SE1/4; ALL PNG FROM SURFACE TO BASEMENT Legal Description 1 LOK 16.6667% on 1UU% 1 1 Permitted Encumbrances �I 1 f jl I� 11 i Exhibit "A" to Assigmnent of Oil and Gas Leases, dated December 10, 2009. TA 9690£06#