HomeMy WebLinkAbout953843Definitions:
Date: May 627, 2010
Grantor: John Ralston Bower
ASSIGNMENT, BILL OF SALE, AND CONVEYANCE
Grantor's Mailing Address:
P.O. Box 1678
Paonia, Colorado 81428
Grantee: John Ralston Bower, Trustee of the John Ralston Bower Grantor Trust (under the
John Ralston Bower Grantor Trust Agreement dated May 2 2010, as this
agreement may be amended from time to time).
Grantee's Mailing Address:
c/o Frost National Bank
Attention: Oil and Gas Trust Department
P.O. Box 1600
San Antonio, Texas 78296
Consideration: Ten dollars ($10.00) and other valuable consideration.
Property: All of the right, title, and interest of Grantor in all real property in Lincoln County,
Wyoming, including, but not limited to, all of the right, title, and interest of Grantor
in and to all oil, gas, and other minerals in and under the land described on the
attached Exhibit A. The land described on the attached Exhibit A is the same land
described in the Assignment, Bill of Sale and Conveyance recorded on March 24,
1994, in Book 347PR, Page 200 -203, of the Records of Lincoln County, Wyoming.
"Property" specifically includes the following:
(a) All of the interest, estate, rights, and titles, legal and equitable, contingent or
vested, remainder or reversionary, (i) in the Leases described on the attached Exhibit
A, including, but not limited to, easements, rights of access, operating rights, surface
use rights, contract rights, and other rights and appurtenances associated with or
belonging to the Leases described on the attached Exhibit A and the Lands covered
thereby as described on the attached Exhibit A, and (ii) in all of the oil, gas, and other
mineral interests or rights in the Leases and Lands covered by the Leases and Lands
or pooled with the Leases and Lands that are owned or held by Grantor.
ASSIGNMENT, BILL OF SALE, AND CONVEYANCE Page 1
514
RECEIVED 6/7/2010 at 10:17 AM
RECEIVING 953843
BOOK: 748 PAGE: 514
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Conveyance:
a0 f
(b) All of the interest of Grantor in and to all of the production casing, both
surface and downhole, the surface equipment and machinery, production rods and
tubing, separators, heater treaters, tanks, flow line, pipelines, machinery, pump jacks,
and any other equipment located on the Lands described on the attached Exhibit A,
used in association with the production, treating, marketing, or transportation of oil,
gas, and related hydrocarbons.
(c) All other rights, titles, and interests of Grantor in and to the Lands and/or
Leases described on the attached Exhibit A, including any and all of the leasehold
and/or working interest, royalty interest, overriding royalty interest, net profits
interest, interest in production payments, and any other economic interest of Grantor
and including all interest in the surface estate and the oil, gas, related hydrocarbon,
and other mineral estate, including all bonus, executive rights, royalty, and delay
rentals, and including all petroleum and related hydrocarbons produced from and
subsequently stored upon the Leases and Lands described on the attached Exhibit A
or the Leases and Lands pooled or unitized with the Leases and Lands described on
the attached Exhibit A.
(d) All other rights and obligations; production purchase and sale agreements and
contracts; farmout agreements; joint operating agreements; prospect agreements; oil,
gas, and mineral leases; pooling and unitization agreements; options; and orders (i) in
any way relating to the Leases or the Lands described on the attached Exhibit A; (ii)
in any way relating to the production, storage, treatment, transportation, processing,
sale, or disposal of hydrocarbons, water, or the minerals or substances produced from
the Leases or the Lands described on the attached Exhibit A; or (iii) in any way
relating to the ownership by Grantor and /or acquisition of the title of Grantor in the
interest in the Lands and/or the Leases described on the attached Exhibit A.
Reservations from and Exceptions to Conveyance and Warranty:
(1) All liens, restrictions, easements, and encumbrances of record pertaining to the
Property.
(2) The lien for current taxes and assessments for the Property not yet due and payable.
Grantor, for the Consideration and subject to the Reservations from and Exceptions to
Conveyance and Warranty, grants, sells, assigns, and conveys to Grantee the Property, together with
all and singular, the rights and appurtenances thereto in any wise belonging, to have and hold it to
Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and the heirs,
executors, administrators, and successors of Grantor to warrant and forever defend all and singular
the Property against every person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the Reservations from and Exceptions to Conveyance and Warranty, by,
through, and under Grantor, but not otherwise.
ASSIGNMENT, BILL OF SALE, AND CONVEYANCE Page 2
As to the personal property and equipment described in paragraph (b) of the definition of
Property, Grantor makes no warranty in regard to the merchantability, fitness for a particular
.0 ose condition of the well bore or e• ui ment otential .roductivi of the wells or suitabili
either express or implied. Grantee accepts all personal property and equipment AS IS and WHERE
IS. Grantor subrogates Grantee to any warranties Grantor has or may have against any third person,
prior owner, vendor, or assignor of the Leases and the Lands described on the attached Exhibit A.
Grantor agrees to perform, execute, deliver, and /or acknowledge or cause to be performed,
executed, delivered, and /or acknowledged any and all additional documents, instruments, acts, and
assurances as the Grantee may reasonably require to evidence, create, or perfect the right, title, and
interest of Grantee in the Property intended to be conveyed or conveyed by this Assignment, Bill of
Sale, and Conveyance.
Assumption of Obligations by Grantee:
Grantee agrees to assume and be subject to the proportionate share of all obligations under
the agreements described in paragraph (d) of the definition of Property.
Binding Effect:
This Assignment, Bill of Sale, and Conveyance shall bind and inure to the benefit of Grantor,
Grantee, and their respective heirs, executors, administrators, successors, and assigns.
Ralston Bower John Ralston Bower, Trustee of the John
Ralston Bower Grantor Trust
THE STATE OF COLORADO
COUNTY OF DELTA
This instrument was acknowledged before me on the g? 7 day of May, 2010, by John
Ralston Bower.
ASSIGNMEN ;�z�„`�., E, AND CONVEYANCE Page 3
My Commission Expires 1/25/12
ear Si€
Notary Public in and for the State of Colorado
THE STATE OF COLORADO
COUNTY OF DELTA
Mr. W. Bennett Cullum
Bell Nunnally Martin LLP
3232 McKinney Avenue, Suite 1400
Dallas, Texas 75204 -2429
606567_1.DOC
This instrument was acknowledged before me on the 7 day of May, 2010, by John
Ralston Bower, Trustee of the John Ralston Bower Grantor Trust.
AFTER RECORDING, PLEASE RETURN TO:
ASSIGNMENT, BILL OF SALE, AND CONVEYANCE- Page 4
Notary Public in and for the State of Colorado
My Commission Expires 1/25/12
517
11W STATE, OF .WYOMING
COUNTY OE .LINCOLN
The following described lands situated in Lincoln County, Wyoming:
San Juan Lincoln;
Township 20 North. Range 112 West:
Section 20: NW /4; W/2 NEJ4; NE/4 NE/4;
W/2 SE/4; E/2 SW /4 NW /4 SW /4;
SE/4 SFJ4;
Section 28: W/2 NW /4; SFJ4NW/4; SW /4;
W/2 SE/4; SW /4 NE/4;
Section 32: E/2 E/2,
containing 1080 acres, more or less.
F XIIIBIIT
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