HomeMy WebLinkAbout953402ASSIGNMENT AND AGREEMENT
WHEREAS, JESSE GAULT d /b /a JESSE GAULT CONSTRUCTION
"GAULT filed a Lien Statement dated April 16, 1984 recorded
in Book 213 PR, Page 99 of the records of Lincoln County,
Wyoming, claiming a lien on the well and lands described below,
including the oil and gas leasehold estate associated with such
well;
WHEREAS, UPDIKE BROTHERS, INC. "UPDIKE filed a Notice of
and Claim for Lien dated March 14, 1984 in the amount of
$13,802.46 recorded in Book 211 PR, Page 292 in the records of
Lincoln County, Wyoming, claiming a lien on the well and lands
described below, including the oil and gas leasehold estate
associated with such well;
WHEREAS, the wells and lands subject to the above described
lien claims are as follows:
Township 26 North, Range 111 West, 6th P.M.
Section 17: NW /4
Lincoln County, Wyoming
(Hanson Federal 10 -17)
WHEREAS, these lien claims are subject to the Debtors'
Second Amended Consolidated Plan of Reorganization (hereinafter
the "Plan in the jointly administered cases of In re:
Energetics, Inc., Case No. 84 -B -5326 C, and In re: Energetics
Operating Company, Case No. 84 -B -5325 C, United States
Bankruptcy Court for the District of Colorado. Under Section
5.4 of the Plan, General Atlantic Energy Corporation "GAEC
formerly ITR Petroleum, Inc., may transfer its interest in a well
to the lien claimants in order to satisfy those lien claims
against the interests of EOC;
WHEREAS, Gault and Updike elected to receive the interest
of GAEC in the Hanson Federal 10 -17 Well and pursuant to the
Settlement Agreement dated March 25, 1987 between Gault and EOC
and ITR Petroleum, Inc., GAEC agreed to assign its right, title
and interest in the above referenced well and lands to Gault and
Updike;
WHEREAS, pursuant to the terms of the referenced Settlement
Agreement, GAEC also agreed to assign its right, title and
interest in and to the SW /4 of Section 17- 26N -111W, Lincoln
County, Wyoming.
NOW THEREFORE, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, GAEC
does hereby bargain, sell, assign, transfer, quitclaim and
convey to the Assignees listed below in the proportions set
forth beside each Assignee's name, all of GAEC's right, title
and interest in and to the oil and gas lease and lands
described on Exhibit "A" attached hereto and by this reference
made a part hereof, including, but not limited to, the GAEC
interests specifically described on Exhibit "A
PERCENTAGE OF
ASSIGNEE ASSIGNOR'S INTEREST
Jesse Gault
d /b /a Jesse Gault Construction
P.O. Box 27
Farson, Wyoming 82932
Updike Brothers, Inc.
P.O. Box 610
Newcastle, Wyoming 82701
RECEIVED 5/12/2010 at 10:33 AM
RECEIVING 953402
BOOK: 747 PAGE: 84
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
2.491464%
97.508536%
00 084
�_A E 1 e }.x G...N
Yo b 3 't; ii and comoaraiiv;: copy
tl oiiicic records on uLe
BUREAU LAI MANAGEMENT
THIS ASSIGNMENT IS MADE WITHOUT REPRESENTATION OR WARRANTY
OF TITLE, EITHER EXPRESS OR IMPLIED. Without limiting the
foregoing, this agreement is also subject to:
1. The terms and conditions of said Oil and Gas Leases,
and any amendments thereto, including the landowner's royalties
therein reserved, the proportionate burden of which shall be
assumed and borne by Assignee. r;
2. Any and all reservations of overriding royalty 'interest`
and net profits interest, be they recorded or unrecorded;-as of
the date of execution of this Assignment, the proportionate
burdens of which shall be assumed and borne by Assignees; and
3. The Plan of reorganization filed in the United States
Bankruptcy Court, District of Colorado, Case Nos. 84- B- 53;.
and 84 -B -5325 C, entered and approved by the Court and creditors
effective June 28, 1985.
For the same considerations, GAEC does also hereby sell,
assign, transfer and convey unto Assignees all rights, titles
and interest of GAEC in and to all improvements now owned by
GAEC and located on these leases described on Exhibit "A
including any oil, gas and /or water well located thereon; all
rights, privileges and appurtenances thereto with all reversions
and remainders; all equipment, apparatus, machinery and fixtures
of whatever kind, nature and description belonging to GAEC which
are or may be used in the conduct of operations on said lease,
whether the same be considered real, personal or mixed property,
including, but not limited to, casing, tubing, rods, pumps,
derricks, separators, engines, motors, tanks, flow lines,
valves, meters, loading racks, processing equipment, water
disposal equipment, power and lighting plants, power and utility
lines, sheds and warehouses, any pipelines, rights -of -way,
franchises, licenses, tenements and easements owned by GAEC as
are pertinent to such lease used or useful in the operation
thereto. HOWEVER, GAEC HEREBY ESPRESSLY DISCLAIMS ALL
WARRANTIES WITH RESPECT TO THE PROPERTIES SET FORTH HEREINABOVE,
INCLUDING, BUT WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED
WARRANTIES OR MERCHANTABILITY OF FITNESS FOR PARTICULAR PURPOSE,
SUCH THAT ALL SUCH PERSONAL PROPERTY, EQUIPMENT AND IMPROVEMENTS
COVERED BY THIS INSTRUMENT ARE SOLD "AS IS, WHERE IS
Separate assignments or transfers of the Interest may be
executed on approved forms by or on behalf of Assignor to
Assignees in sufficient counterparts to satisfy applicable
statutory and regulatory requirements. Said assignments or
transfers shall be deemed to contain all of the exceptions,
reservations, rights, titles, powers and privileges set forth
herein as though the same were fully set forth in each such
assignment. The interests conveyed by such separate assignments
or transfers are the same, and not in addition to, the interests
conveyed herein.
By acceptance of the interest conveyed herein, Gault and
Updike do hereby release, quitclaim and discharge any and all
claims relating in any way to the liens and the services and
materials which were the subject of the liens, to the extent any
such liability exists. Gault and Updike hereby accept
assignment of the well and leasehold interests subject to
existing operating agreements and other agreements and Gault and
Updike assume all future obligations and liabilities associated
with such agreements.
This instrument may be executed in original counterparts to
the same effect as though all parties had executed the same
instrument.
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O i.. "11L.., i41 l•• AN l. MANAGEMENT lEN
Executed on this day of
y L.,; (0,(J, 1988, but
effective for all purposes as of June 28, 1985.
ATTEST:
Han10.t
GENERAL ATLANTIC ENE ORPORATION
Sam D. Winegr:d
Vice President, Land
JESSE GAULT d /b /a
JESS GAULT CONSTRUCTION
x�V-
U�' BROTHERS, INC.
42. a ,4I. 4 G s
ts :mot:- 7
By: it L' //3 t;`/
Title: r- .s 1?,--; 'T
By
CERTIFICATE OF COMPLIANCE
The undersigned Assignee in the foregoing assignment
certifies that it is in compliance with the qualification
requirements of 43 C.F.R. subpart 3102 and the acreage limitations
of 43 C.F.R. sections 3101.2 -1 through 3101.2 -6.
CERTIFICATE OF COMPLIANCE
LABARGE MINERALS, INC.
The undersigned Assignee in the foregoing assignment
certifies that it is in compliance with the qualification
requirements of 43 C.F.R. subpart 3102 and the acreage limitations
of 43 C.F.R. sections 3101.2 -1 through 3101.2 -6.
UPDIKE BROTHERS, INC.
Ot ill/
r.
v
0
087
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1, and carrparafivq copy
of icial records on fib
r OF L ND ANAG?1E["T
Separate assignments or transfers of the Interest may be
executed on approved forms by or on behalf of Assignor to
Assignees in sufficient counterparts to satisfy applicable
statutory and regulatory requirements. Said assignments or
transfers shall be deemed to contain all of the exceptions,
reservations, rights, titles, powers and privileges set forth
herein as though the same were fully set forth in each such
assignment. The interests conveyed by such separate assignments
or transfers are the same, and not in addition to, the interests
conveyed herein.
By acceptance of the interest conveyed herein, Gault and
Updike do hereby release, quitclaim and discharge any and all
claims relating in any way to the liens and the services and
materials which were the subject of the liens, to the extent any
such liability exists. Gault and Updike hereby accept assignment
of the well and leasehold interests subject to existing operating
agreements and other agreements and Gault and Updike assume all
future obligations and liabilities associated with such
agreements.
This instrument may be executed in original counterparts to
the same effect as though all parties had executed the same
instrument.
Executed on this h day of )e<44
effective for all purposes as of June 28, 1985.
ATTEST:
alep h owe
5ecre ary
ATTEST:
Secretary
-3-
ENE -TICS OPERATIN
Donald L. Peterson,
President
JESSE GAULT d /b /a
JESSE GAULT CONSTRUCTION
UPDIKE BROTHERS, INC.
f r
By
Title -p ,G;ocC',
oo :o88
1988, but
id comparative copy
al records on n
C! AN MANAGEMENT MENT
CERTIFICATE OF COMPLIANCE
The undersigned Assignee in the foregoing assignment
certifies that it is in compliance with the qualification
requirements of 43 C.F.R. subpart 3102 and the acreage limitations
of 43 C.F.R. sections 3101.2 -1 through 3101.2-6.
fort014--fe
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HOMKIUdW00 30 HyvOI3I r o
UPDIKE BROTHERS, INC.
WHEREAS, the wells and
lien claims are as follows:
ASSIGNMENT AND AGREEMENT
WHEREAS, JESSE GAULT d /b /a JESSE GAULT CONSTRUCTION
"GAULT filed a Lien Statement dated April 16, 1984 recorded in
Book 213 PR, Page 99 of the records of Lincoln County, Wyoming,
claiming a lien on the well and lands described below, including
the oil and gas leasehold estate associated with such well;
WHEREAS, UPDIKE BROTHERS, INC. "UPDIKE filed a Notice of
and Claim for Lien dated March 14, 1984 in the amount of
$13,802.46 recorded in Book 211 PR, Page 292 in the records of
Lincoln County, Wyoming, claiming a lien on the well and lands
described below, including the oil and gas leasehold estate
associated with such well;
Township 26 North, Range 111
Section 17: NW /4
Lincoln County, Wyoming
(Hanson Federal 10 -17)
c o1-,. ;J®90
West, 6th P.M.
lands subject to the above de
t!,.� er
�o Cc fro anc' co
h official
al records on file
FLAN MANAMA
WHEREAS, these lien claims are subject to the Debtors'
Second Amended Consolidated Plan of Reorganization (hereinafter
the "Plan in the jointly administered cases of In re:
Energetics, Inc., Case No. 84 -B -5326 C, and In re: Energetics
Operating Company, Case No. 84 -B -5325 C, United States Bankruptcy
Court for the District of Colorado. Under Section 5.4 of the
Plan, Energetics. Operating Company "EOC may transfer its
interest in a well to the lien claimants in order to satisfy
those lien claims against the interests of EOC;
WHEREAS, Gault and Updike elected to receive the interest of
EOC in the Hanson Federal 10 -17 Well and pursuant to the
Settlement Agreement dated March 25, 1987 between Gault and EOC
and .ITR Petroleum, Inc., EOC agreed to assign its right, title
and interest in the above- referenced well and lands to Gault and
Updike;
WHEREAS, pursuant to the terms of the referenced Settlement
Agreement EOC also agreed to assign its right, title and
interest in and to the SW /4 of Section 17- 26N -111W, Lincoln
County, Wyoming.
NOW THEREFORE, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, EOC
does hereby bargain, sell, assign, transfer, quitclaim and convey
to the Assignees listed below in the proportions set forth beside
each Assignee's name, all of EOC's right, title and interest in
and to the oil and gas lease and lands described on Exhibit "A"
attached hereto and by this reference made a part hereof,
including, but not limited to, the EOC interests specifically
described on Exhibit "A."
091
PERCENTAGE OF
ASSIGNEE ASSIGNOR'S INTEREST
Jesse Gault
d /b /a Jesse Gault Construction
P.O. Box 27
Farson, Wyoming 82932
Updike Brothers, Inc. 97.508536%
P.O. Box 610
Newcastle, Wyoming 82701
2.491464%
THIS ASSIGNMENT IS MADE WITHOUT REPRESENTATIONV OR WARRA\ITY:
OF TITLE, EITHER EXPRESS OR IMPLIED. Without lim"°ting the
foregoing, this agreement is also subject to:
1. The terms and conditions of said Oil and Gas Leases,
and any amendments thereto, including the landowner's royalties
therein reserved, the proportionate burden of which shall be
assumed and borne by Assignee;
2. Any and all reservations of overriding royalty interest
and net profits interest, be they recorded or unrecorded as of
the date of execution of this Assignment, the proportionate
burdens of which shall be assumed and borne by Assignees; and
3. The Plan of Reorganization filed in the United States
Bankruptcy Court, District of Colorado, Case Nos. 84 -B -5326 C and
84 -B -5325 C, entered and approved by the Court and creditors
effective June 28, 1985.
For the same considerations, EOC does also hereby sell,
assign, transfer and convey unto Assignees all rights, titles and
interest of EOC in and to all improvements now owned by EOC and
locates on these leases described on Exhibit A, including any
oil, gas and/or water well located thereon; all rights,
privileges and appurtenances thereto with all reversions and
remainders; all equipment, apparatus, machinery and fixtures of
whatever kind, nature and description belonging to EOC which are
or may be used in the conduct of operations on said lease,
whether the same be considered real, personal or mixed property,
including, but not limited to, casing, tubing, rods, pumps,
derricks, separators, engines, motors, tanks, flow lines, valve:,
meters, loading racks,• processing equipment,• water disposal
equipment, power and lighting plants, power and utility lines,
sheds and warehouses, any pipelines, rights -of -way, franchises,
licenses, tenements and easements owned by EOC as are pertinent
to such lease used or useful in the operation thereto. HOWEVER,
EOC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE
PROPERTIES SET FORTH HEREINABOVE, INCLUDING, BUT WITHOUT
LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR MERCHANTABILITY
OF FITNESS FOR PARTICULAR PURPOSE, SUCH THAT ALL SUCH PERSONAL
PRCPERTY, EQUIPMENT AND IMPROVEMENTS COVERED BY THIS INSTRUMENT
ARE SOLD "AS I S WHERE IS. V €C —r
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