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HomeMy WebLinkAbout877146 ASSIGNMENT, CONVEYAN~ ~b ~ILL OF SALE01 f~,7) ' !' '" THIS ASSIGNMENT, CONVEYANCE AND BILL OF SALE (this "Assignment") is n]~r~,(~fl~ into by and belween DARRYL P. EKSTROM, individually, and th~ DA~YL p. EKSTROM Dar~l P. Eks~om as Liquidating Agent, 6024 Medic~ Lake Road, Mi~eapolis, MN, 55422 ("Assignor") and TOM BROWN~ ]NC., 555 Seventeenth Street, Suite 1850, Denver, Colorado, 80202 ("Assignee"). For and in consideration of Ten and No/100 Dollars ($10.00) and other good and va]uabl~ consideration, the receipt and sufficiency of which is hereby acknowledged, AssJ~or has and by these presents do~s h~r~by G~NT, BARGA~, SELL, T~NSFER, ASSIGN, CONVEY and DELIVER unto tssig~ee all of the following: 1. AIl right, title and interest of Assignor in and to th~ oil and gas lease(s) described on E~ibit "A' a~ached hereto and mad~ a pa~ hereof for all pu~oses (the "Leases"), subject to any restrictions, exe~ptions, reservations, conditions, ]~tations, burdens, contracts, agreements and olher applicab]~ to th~ Leasos~ 2. Ali right, title and interest of Assignor in, to and under or derived from ail presently existing and valid oil, g~s or mineral unitization, pooling, operating and co--unitization agreements, d~clarations and ordors, and in and to the prope~ies covered and the unils created thereby, which aro appurtenant to Leases; 3. All right, title and interest of Assignor in, to and under or derived kom all presently existing and valid oil and gas sales, pnrchase, exchange and processing contracts, casinghead gas con, acts, operating agreements, joint ven~lre agreements, pa~ership agreements, rights-of-way easements, pemts and surface leases and other con~acts, agreements and ins~ments, insofar as the same are appurtenant to the Leases; 4. All right, title and interest of Assignor in and to all wells, equipment, fix~res and personal property located on or pooled with the Leases and used in co~ection with or as an incident to the operation of the Leases or interest therein; 5. All right, title and interest of Assignor in the oil, gas and other mnerals produced and saved and to be produced and saved under and pursuant to the Leases or interest therein and the con~acts refe~ed to above, and all renewals and extensions thereof, together with the income and proceeds derived and to be derived and accruing to and to accrue kom and in co~ection with the sale or other disposition fl~ereof; and 6. To the extent ~ansferable, the benefit of the hght to enforce the covenants and wa=anties, if any, which Assignor is entitled to enforce with respect to the foregoing properties, hghts and interests against Assignor's predecessors ~'title to same and ~ll substi~tion and subrogation of all rights accruing nnder fl~e sta~tes of li~tations or prescription under the laws of the State of Wyo~g. It is fl~e intention of this Assigment to assign, convey and ~ansfer unto Assignee, its successors and assi~s, all of the interest Bf Assignor ~ and to all oil and gas leasehold interests owned by Assignor in, to and under the lands described ~ Exhibit "A" aaached hereto, whether or nor said interests are ~lly or accurately described on said E~ibit "A". In confirmation of this, Assi~or hereby covenants and agrees with Assignee to execute and deliver to Assignee such other and ~her ~s~ments of conveyance and to do or cause to be done all such acts and things as may be necessary to more ~lly convey, assi~ and transfer to and vest in Assi~ee the above specifiedinterest in all of the lands, leases, properties, rights and interests herein transfe~ed, assigned and conveyed or intended so to be. Assignor shall indemni~, save and hold ha~ess Assignee against all claims, costs, expenses and liabilities which accrue or relate to times prior to the effective date oft~s Assigment and Assignee shall ~demnify, save and hold harness Assignor against all claims, costs; expenses and liabilities which accrue or relate to times after the effective date of this Assignment. Assi~or shall be entitled to receive all proceeds, including proceeds from production of oil and gas, a~ibutable to the Leases before the effective date of this Assignment and Assignee shall be entitled to receive all proceeds, including proceeds kom production of oil and gas, a~ibutable to the Leases ::: :::, 3 7 0 after the effective date of this Assignment. Assignee shall be responsible for and shall pay all sales'taxes which may become due and payable pursuant to this Assignment and Assignor shall be responsible for and shall pay all lawfully assessed production and personal property taxes accruing prior to the effective date of this Assignment. THIS ASSIGNMENT is made and accepted without warranty of title, either express or implied, except by, through and under Assignor. This Assignment shall be binding upon and inure to the benefit of Assignee and Assignor and their respective heirs, successors and assigns. This Assignment shall be effective as of August 1,2001 at 7:00 A.M. Mountain Standard Ti~ne. ASSIGNOR: DARRYL P. EKSTROM 1982 TRUST Darryl P. Ekstrom, Liquidating Agent Darryl P. Ekstrom, Individually ~.~'TEg~; . TOM BROWN, INC. The foregoing instrument was acknowledged before me this ~ ~ da" of Wimess my hand and official seal. STATE OF COLORADO ) COUNTY OF DENVER ) The foregoing instrument was acknowledged before me thi 2001 by Rodney Q; Mellott, Vice President - Land for Tom Brown, Inc. ' Witness my hand and official seal. My Commission expires: Notary Public / NOTARY PUBLIC I COLORADO 37 EXHIBIT "A" Attached to and made a part of that certain ASSIGNMENT, CONVEYANCE AND BILL OF SALE dated effective August 1, 2001 between TOM BROWN, INC., as Assignee and DARRYL p. EKSTROM, individually, and the DARRYL p. EKSTROM 1982 TRUST, as Assignor LEASES SERIAL NUMBER: WYW-72845 LESSOR: USA-ELM LESSEE: Larry L. Hanson LEASE DATE: October 1, 1981 LEGAL DESCRIPTION: Insofar as said lease covers: _Townsh__jp_~26 North, Range 111 _West, 6~ P.M. Section 17: All Lincoln Connty, Wyoming SERIAL NUMBER: WYW-37670 LESSOR: USA-ELM LESSEE: carl E. Jenkins and Bayard D. Rea LEASE DATE: January 1, 1973 LEGAL DESCRIPTION: T._o_wnshi 21L~_North, Range 111 West, 6~ P.M. Section 27:N/2 -- Sweetwater County, Wyonfing