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HomeMy WebLinkAbout974430RECEIVED 12/9/2013 at 1:12 PM RECEIVING 974430 BOOK: 825 PAGE: 27 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ASSIGNMENT OF OVERRIDING ROYALTY INTEREST The Override assigned to Assignee is subject to the following provisions: 0 V N 7 This Overriding Royalty Assignment, made this 4 day of December, 2013 by and between American Patriot Oil and Gas, Inc., whose address is 1601 Blake Street, Denver, Co 80202 hereinafter called Assignor; and Morning Gun Exploration, Inc., whose address is 2536 W. 108 P1., Westminster, Co, 80234 hereinafter called Assignee. Assignor, named above, owns a working interest in Oil, Gas and Mineral Leases (the "Leases covering lands located in Lincoln County, Wyoming (the "Lands The Leases and Lands are desdribed on Exhibit "A",-to this Assignment. For adequat con der Ass transfers, assigns and conveys to Assignee an overriding royalty intetestin all 'of'the tbil;, gas, and other minerals produced, saved, and marketed from all of the Lands and Leases equal to the difference, if any, between twenty percent (20 and existing Lease burdens of record as of the date this Assignment of Overriding Royalty is recorded, (the "Override 1. The terms and provisions of the Leases, any amendments, corrections, additions, or modifications of the Leases made prior to or after the execution of this Assignment. Assignee agrees that future amendments, corrections, additions, or modifications of the Leases may be made without the consent or joinder of Assignee. 2. All applicable laws, rules, regulations, and orders of appropriate governmental authorities and agencies having jurisdiction over the Lands and Leases. 3. The Override is assigned free and clear of all cost and expense of exploration, drilling, development and operation, but except for and subject to its proportionate share of actual third party costs incurred for gathering, transportation and marketing, and its proportionate share of severance, ad valorem and other similar taxes. No payments to the Override will be made or shall accrue on any oil, gas and casinghead gas or other hydrocarbon substances or minerals used for operating, developing, or producing purposes on the Lands under the Leases, or in treating the products produced to make them marketable, or which are unavoidably lost. No payments shall be made to the Override on gas and casinghead gas used for recycling or repressuring operations that benefit the Leases. 4. All payments to the Override shall be made or delivered to Assignee in the same manner provided in the Leases for the payment of royalty to the lessors. 5. If a Lease or Leases cover less than the entire mineral estate in the Lands, Assignor's working interest represents less than 100% of the leasehold estate in a part or all of the Lands, or, if for any reason title should fail as to all or part of the leasehold estate owned by Assignor, the Override assigned to Assignee shall be reduced proportionately as to the affected Lease and Lands. 6. In the event the Leases are renewed, or the primary term of the Leases extended by the action of Assignor or Assignor's successors, assigns, and/or legal representatives, then the Override shall remain a burden against the Leases as so extended, or against the renewed Leases. The terms and provisions of this Assignment shall inure to the benefit of Assignor and Assignee and to their heirs, legal representatives, successors, and/or assigns. IN WITNESS WHEREOF, Assignor has executed and delivered this overriding royalty assignment to Assignee, the day and year first above written. STATE OF Colo rad COUNTY OF On this 4 day of December, 2013, personally appeared before me, ?0, ikk-klesi, as .e-O of American Patriot Oil and Gas, Inc., and that said instrument was signed and executed on behalf of said corporation. WITNESS my hand and official seal. My Commission Expires: 9 ASSIGNOR: AMERICAN PATRIOT OIL AND GAS, INC. By Paul J. Flatley, CEO JODY A. BURGESS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19934013738 MY COMMISSION EXPIRES SEPTEMBER 14, 2017 :61.0 Notary Public 0028 Exhibit "A' Attached to and made a part of that certain Assignment of Overriding Royalty Inetrest from American Patriot 0il and Gas, Inc. to Morning Gun Exploration, Inc. dated December 4th, 2013. LEASE LESSOR LESSEE DATE LEGAL DESCRIPTION Lease NO. State of Wyoming American Patriot Oil and Gas, Inc. 9/2/2013 Township 19 North. Range 119 West 13 -00303 Section 16: ALL 0o29