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951558
Effective 11 -86 Form ML -2 (Revised 4 -96) Fi1mgFee efunda Wyoming Oil Gas Lease Serial Number ASSIGNOR, with name and address at: FITZSIMMONS, LLC 2201 CABIN COURT GILLETTE, WY 82718 STATE OF WYOMING BOARD OF LAND COMMISSIONERS OIL GAS LEASE INTEREST ASSIGNMENT 08 -00141 100% OPERATING RIGHTS Being the owner of percent interest in this lease, described in particular if less than the total leasehold as T25N R119W08 41.52 acs being Tract 132 (formerly NE /4 NE/4 Section 8) Resurvey For good and valuable consideration, hereby assigns to. RECEIVED 1/11/2010 at 12:52 PM RECEIVING 951558 BOOK: 739 PAGE: 798 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1) ASSIGNEE, with name and address at: MRC ROCKIES COMPANY 5400 LBJ FREEWAY ONE LINCOLN CENTRE, SUITE 1500 DALLAS, TX 75240 -1017 100.00 percent interest in the total leasehold, or as described in particular above. 2) ASSIGNEE, with name and address at: percent interest in the total leasehold, or as described in particular above. 3) ASSIGNEE, with name and address at: 4) ASSIGNEE, with name and address at: 5) ASSIGNEE, with name and address at: percent interest in the total leasehold, or as described in particular above. percent interest in the total leasehold, or as described in particular above. percent interest in the total leasehold, or as described in particular above. 0.00% Return To S tate Lands:: &;Investments 122 West '25th Sti eet Her schler g,73, West Che ertne; rWY 82002=0600 ,PPR0V Assignment Approval Date .DEC 1 5 2009 00iri98 (Type of Interest Leasehold /Operating Rights /Overriding Royalty) and reserving unto ASSIGNOR: This assignment is subject to any existing overriding royalties previously reserved. Reservations of overriding interests must be approved by the Director, and any such approval is subject to the condition that overriding royalties may be cancelled by the Board of Land Commissioners if it finds that such overriding royalties create a burden on the lease which prevents or unreasonably interferes with its development. ASSIGNOR certifies by signature on reverse, that ASSIGNOR is the owner of the interest above herein transferred, and ASSIGNEE(S) certify(ies) by signing on the reverse that this assignment constitutes a binding acceptance of all the terms, conditions, stipulations, restrictions and statutes governing the lease described above, and of the Rules of the Board, at Chapter 6, Leasing of Subsurface Resources. This form may be duplicated. If space is needed for additional assignors or assignees submit copies of this form only. Page 1 of 3 of Lease 08 -00141 assignment dated IC O n ©s SIGNED AS TO TRANSFER AND ACCEPTANCE this day of C_ 2009 ASSIGNOR FITZSIMMONS, LLC By Ti JOHN L. KENNEDY, MAN GER By Assignee (2) By Title Assignee (4) By Title Assignee (1) Title Assignee (3) By Title Assignee (5) By Title ASSIGNMENT REQUIREMENTS MRC R•CKIES COMPANY DAVID E LANCASTER, XECUTIVE VICE PRESIDENT and CFO Note: Assignments are not valid until approved by the Director, Office of State Lands and Investments as per State Oil Gas Lease Terms, and approval is solely for administrative purposes and should not be interpreted as warranty that any party to this assignment holds legal or equitable interest in this lease. Assignments which do not meet the requirements listed below and those in the Lease and Rules will be returned unapproved. 1) This form must be completed and submitted for any assignment of State Oil Gas Lease leasehold interest, undivided or divided as to separate tracts, formations, zones or deposits, and for overriding royalty interest. 2) Assignments of less than a 100% leasehold interest, do not relieve the assignor of the obligations as a lessee under the terms of the lease regarding the interest conveyed unless the State first has in hand, a written agreement to be bound as lessee for all obligations under the lease for the assigned portion from the assignee. This requirement should not be construed in any way as a release or recision of the obligations of any surety bonding parties under the requirements of the State oil and gas lease, Board Rules or this assignment. (All lessees are ultimately responsible for the performance under the lease, and default subjects the entire lease to forfeiture not just the interest related to any performance obligation considered to be in default.) 3) A signed original and one copy of each assignment must be filed with the Wyoming State Lands and Investments. 6) The appropriate legal description of the conveyed lands interests must be given. 00o799 4) Each assignment, if approved, is recognized by the State as effective as of the date of approval by the Director. Adequate bond must be furnished covering any and all productive zones prior to approval of any assignment of interest in an operating State oil and gas lease, whether wellbores exist on the leased lands or not, and in no case can drilling operations, including to prospectively productive zones under operating leases, begin without a bond first being in place. 5) If there is more than one party in interest to this assignment, then all such parties in interest must sign the document before assignment approval will be given. 7) Assignments creating a separate (reissue) lease subject to the rules and regulations governing all State of Wyoming Oil Gas Lease do not change the terms and conditions of the original lease, the lease anniversary date, nor the obligations and anniversary date of the lease created there from being considered as if it had been issued on the effective date of the original lease. (See Board Rules, Chapter 6, Section A.) 8) Corporations, limited liability companies, and limited partnerships must be qualified with the Wyoming Secretary of State's Office, and general partnership papers are required to be filed with the State Lands and Investments prior to, and as a condition of Board approval of any assignment. 9) Assignments will not be considered for approval where assignor or any assignee currently has a delinquent (late) royalty or rental payment obligation(s) for any State subsurface resource lease. STATE OF WYOMING COUNTY OF CAMPBELL ACKNOWLEDGMENT 000800 The foregoing instruc ent was acknowledged before me by John L. Kennedy, Manager of Fitzsimmons, LLC, thisc D day ofINW0,ynbQY 2005 (SEAL) My Commission Expires: Given under my hand and Notarial Seal this(O day of il) JUQ-mbQ. v 20 t MST© NOTARY PUBLIC COUNTY Of i 1 STATE OF 1 CAMPBELL el, YQM N a M Y COMMISSION EXPIRES J 3 d a STATE OF TEXAS COUNTY OF DALLAS My Commission Expires: The foregoing instrument was acknowledged before me by David E. Lancaster, Executive Vice President and CFO of MRC Rockies Company, on this 1 day of December, 2009. Given under my hand and Notarial Seal this 1 day of December, 2009. Notary Public UCrn,ie_ V/i itX to ne Hoevers otary Public for State of Texas