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HomeMy WebLinkAbout957947KSA SUPPL 79- 1437(E) SALES VALIDATION QUESTIONNAIRE NOT REQUIRED DUE TO EXEMPTION NUMBER 6. THE STATE OF WYOMING COUNTY OF LINCOLN Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number. ASSIGNMENT AND BILL OF SALE KNOW ALL MEN BY THESE PRESENTS: OO)893 1. That effective February 1, 2011, Ambrose L. Lyth Jr. (whose address is 55 Crazy Horse Dr. Durango, CO 81301 hereinafter referred to as Grantor (whether one or more), for Ten Dollars ($10.00) and other valuable consideration paid by CASCADE ROYALTY FUND LP, P.O. Box 7849, Dallas, Texas 75209 hereinafter referred to as Grantee (whether one or snore), the receipt of which is hereby acknowledged, has GRANTED, SOLD, and CONVEYED, and by these presents does hereby GRANT, SELL, and CONVEY unto Grantee, its heirs, successors and assigns, forever, subject to the matters stated below, all of Grantor's undivided interest in and to all of the oil and gas mineral rights (not to include surface rights) including without limitation, all of the oil royalty, gas royalty, overriding royalty, royalty in casinghead gas and gasoline in, on and under, and that may be produced from, the following lands (the "Lands in Lincoln County, State of Wyoming, to wit: 100% of Grantor's undivided right, title and in those certain tracts or parcels of lands as described below: Section 18, Township 21N, Range 111W Reference is made to these lands for descriptive purposes only and shall not limit this conveyance to any particular depth. 2. The "Lands" subject to this conveyance also includes all strips, gores, roadways, water bottoms, and other lands adjacent to or contiguous with the lands specifically described above and owned or claimed by Grantor. If the description above proves incorrect in any respect or does not include these adjacent or contiguous lands, Grantor shall without additional consideration, execute, acknowledge, and deliver to Grantee its successors and assigns, such instruments as are useful or necessary to correct the description and evidence such correction in the appropriate public records. 3. FOR THE SAME CONSIDERATION, Grantor also sells, assigns, transfers, and conveys to Grantee, its successors and assigns, by this deed (i) the rights of ingress, egress, and possession at all tunes to mine, drill, and explore the Lands for oil, gas, and other minerals, and to produce, store, dehydrate, compress, treat, process, transport, market and remove them from the Lands, and to exercise all other rights lawfully belonging to the oil, gas, and mineral estate; (ii) each valid and subsisting oil, gas, and/or other mineral lease (the "Lease," whether one or more) evidenced in the public records of the above -named county, insofar as it covers the Lands (and this conveyance is made subject to each such Lease, insofar as it covers the Lands), together with all royalties, shut -in royalties, delay rentals paid to extend the term within which operations may be conducted on the Lands, and other rights and interests under each such Lease, insofar as it covers the Lands; (iii) without limitation, all royalties, oil payments, gas payments, production payments, pooling payments, escheated funds or payments, revenues, payments, accounts, suspended funds, refunds, interest on overdue payments, and other things of value payable by any lessee, operator, purchaser of production, seller of production, or other parties or party whatsoever, with respect to any oil, gas, and/or other minerals produced froth, or attributable to the Lands before the date of this conveyance (including all such production in any tank, truck, rail car, or pipeline); (iv) all liens and security interests securing the payment of such sums; and (v) all rights, claims, and causes of action of Grantor with respect to such sums, including, without limitation, claims for the underpayment of past royalties; (vi) all of Grantor's future interests and after acquired title in and to the above described mineral and royalty interests (without limitation), insofar as they cover said Lands. 4. Grantee may, at its option and in addition to any other rights or remedies available to Grantee, pay all or part of any tax, note, or other obligation secured by a lien on the Lands, or any part of them or interest in them. If Grantee ever makes any such payment, or if any production, royalties, delay rentals, or other economic benefits of the estate conveyed by this instrument are ever applied by any lessee, purchaser of production, or other person to pay or discharge, in whole or in part, any tax, note, or other obligation secured by a lien on the Lands, or any part of them or any interest in them, Grantee shall be subrogated to, shall succeed to, and may enforce all of the rights.of the affected lien holder to secure the recovery of the amounts paid, together with interest and attorney's fees. 5. Without impairment of Grantee's rights under the warranty in event of failure of title, it is agreed that if this conveyance covers less interest in the oil, gas, sulphur, or other minerals in all or any part of said Lands than the entire and undivided fee simple estate (whether Grantor's interest is herein specified or not), or no interest therein, then the consideration shall be paid only in the proportion which the interest therein, if any, covered by this conveyance, bears to the whole and undivided fee simple estate therein. 6. in this instrument, "including" means "including, but not limited to "other minerals" include coal, lignite, uranium, sulphur, iron ore, and every other "mineral" now or hereafter recognized as such under the laws of Texas; the plural includes the singular, and vice versa; each gender includes the others; and references to "Grantor" includes "Grantors, or any of them 7. INDEMNITY: By execution of this instrutnent, Grantor also authorizes and directs all persons responsible for paying and /or delivering the royalties subject to this instnunent (the "subject royalties to commence paying and/or delivering the subject royalties to Grantee in accordance with this instrument. Grantor warrants and represents to each such person and to that person's heirs, successors, assigns, and legal representatives that prior to making this conveyance, Grantor was the lawful owner of the subject royalties and that Grantor has not heretofore conveyed the subject royalties to any other person. Grantor shall indemnify and hold each person responsible for paying and /or delivering the subject royalties, and that person's heirs, successors, assigns, and legal representatives harmless from and against any lawful claims to the subject royalties by, through, or under Grantor. 8. POWER OF ATTORNEY: Coupled with the interest herein conveyed, Grantor does hereby irrevocably appoint and constitute Cascade Royalty Fund, LP, as Grantor's Agent and Attorney -in -Fact for the limited purpose only of executing division orders, transfer orders, correction deeds or conveyances, amendments of description, amendments of Grantor's capacity, including typographical errors, and all other instruments as may be necessary for this conveyance of interest, so that Cascade Royalty Fund, LP, may act in Grantor's place and stead for this limited purpose only. This is a Durable Power of Attorney and is not affected by the subsequent disability or incapacity of the principal. 9. Grantor acknowledges and agrees that Grantee has made no representation or warranty of any kind to Grantor to entice or encourage Grantor to execute this instrument and to receive consideration therefore. Grantor recognizes and acknowledges that the interest herein conveyed may be worth more than the consideration received by Grantor therefore, particularly in the event that drilling or production activity on the interest conveyed herein or in the vicinity thereof proves to be successful. Grantor recognizes and agrees that Grantor has been given the opportunity to ask questions Grantor may desire of Grantee and that the responses thereto given by Grantee were satisfactory to Grantor. If any provision(s) of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall remain valid. 10. PARTIES AGREEMENT TO MEDIATION AND /OR ARBITRATION: IN THE EVENT OF ANY DISPUTE (AS DEFINED HEREIN BELOW) ARISING OUT OF OR RELATING TO THiS CONTRACT, OR THE BREACH THEREOF, THE PARTIES FIRST AGREE TO PARTICIPATE IN AT LEAST FOUR (4) HOURS OF MEDIATION IN ACCORDANCE WITH THE COMMERCIAL MEDIATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, BEFORE HAVING RECOURSE TO ARBITRATION. If the mediation procedure provided for herein does not resolve any sash dispute, the parties that all disputes between the parties shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules and pui suant to tile Federal Arbitration Acf, 9 U.S.C. Sections 1 -14 (and all amendments thereto if any). Judgment upon the award rendered by the arbitrator may be entered in any Court having Jurisdiction. The tenn "disputes" shall include, but is not limited to, all claims, demands and causes of action of any nature, whether in contract or in tort, at law or in equity, or arising under or by virtue of any statute or regulation or judicial reason, that are now recognized by law or that may be created or recognized in the future, for resulting past, present and future personal injuries, contract damages, intentional and/or malicious conduct, actual and/or constructive fraud, statutory and/or common law fraud, class action suit, misrepresentations of any kind and/or character, libel, slander, negligence, gross negligence, and /or deceptive trade practices/consumer protection act damages, and for all other losses, damages and/or remedies of any kind and/or character, including without limitation, all actual damages, exemplary and punitive damages, all attorneys' fees, all penalties of any kind, prejudgtnent interest and costs of court by virtue of the matters alleged and/or matters arising between the parties. The award of the arbitrator issued pursuant hereto shall be final, binding and non appealable. EXEMPLARY PUNITIVE DAMAGES: Parties hereby waive any rights to punitive or exemplary damages and the Arbitrator(s) will not have the authority to award exemplary or punitive damages to either party. 11. CHOICE OF VENUE: This contract is performable in Dallas County, Texas. Any and all claims arising out of Grantor's execution of this contract, shall be resolved in Dallas County, Texas. RECEIVED 2/7 /2011 at 9:47 AM RECEIVING 957947 BOOK: 761 PAGE: 893 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER. WY 12. This instrun oxecuted in multiple counterparts. Each counterpart is an o all counterparts together are one and the same instrument. .ent binds each person who executes it, regardless of whether any other person executes it. 13. TO HAVE AND TO HOLD the above- described property and rights, together with all and singular the rights and appurtenances thereto in any wise belonging, unto said Grantee, and the Grantee's heirs, successors, administrators, executors, and assigns forever, and the Grantor does hereby bind himself and his, herself and her, itself and its, and/or themselves and their (as the case may be) heirs, successors, administrators, executors, and assigns to warrant and forever defend all and singular, the said property and rights unto the said Grantee, and Grantee's heirs, successors, administrators, executors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS, PLEASE READ CAREFULLY OR SEEK LEGAL COUNSEL PRIOR TO SIGNING. GRANTOR REPRESENTS AND WARRANTS THAT HE /SHE /IT HAS READ THE ENTIRE CONTRACT, OR HAS HAD IT READ TO HIM/HER/IT AND UNDERSTANDS AND AGREES TO THE TERMS OF THIS CONTRACT. NOTICE PERSUANT TO SB 436, Chapter 5, SUBCHAPTER F, OF THE TEXAS PROPERTY CODE: "BY EXECUTING AND DELIVERING THIS INSTRUMENT YOU ARE SELLING ALL OR A PORTION OF YOUR MINERAL OR ROYALTY INTEREST IN THE ABOVE DESCRIBED PROPERTY LOCATED IN LINCOLN COUNTY, WYOMING." By: "Y11 7 -e- Ambrose L. Lyth Jr. THE STATE OF COUNTY OF This document prepared by, and After recording please return to: Cascade Royalty Fund, LP P.O. Box 7849 Dallas, TX 75209 My Commission Expires: G c F ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, on this day personally appeared Ambrose L. Lyth Jr. personally known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he, being informed of the contents of same, executed the foregoing instrument for the purpose and consideration therein expressed and appeared to be of sound mind and under no fraud, duress or undue influence. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the c day of DANA MEN NOTARY PUBLIC STATE OF COLORADO My commission expires 11/26/2012 %V Of �s o •'R'gnaturei Notary Public in and for the State of CCJ/ C) sa0f $94 A.D. f) (notary seal here)