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Home My WebLink About885650885650 LINCOLN COUNTY...C.~,E~R.~5,N .~.~ CL LINCOLN COUNt, ~ ASSIGNMENT OF OIL, GAS AND MINERAL LEASES STATE OF WYOMING § COUNTY OF LINCOLN § KNOW ALL MEN BY THESE PRESENTS: That, 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, TOTALFINAELF E&P USA, INC., a Delaware corporation, successor in interest to ATOFINA Petrochemicals, Inc. (formerly known as Fina Oil and Chemical Company), whose address is 800 Gessner, Suite 700, Houston, Texas 77024 ("Assignor"), does hereby grant, bargain, sell, transfer, assign, convey and deliver unto: 1/2 Interest to..'. 1/4 Interest to: 1/4 Interest to: T.C. Craighead & Company Dennis Mitchell Ronald E. Slover PO Box 576 Box 711 3614 Royal Road Ardmore, OK 73402 Yankton, SD 57078 Amarillo, TX 79109 (hereinafter referred to as "Assignee"), subject to all of the provisions hereof and all acreage, depth and other limitations, if any, set forth on Exhibit "A" attached hereto and made a part hereof, all of Assignor's dght, title and interest in and to the Oil, Gas and Mineral Leases described in Exhibit "A" (the "Leases" or "LEASES"), together with all property and rights incident thereto. TO HAVE AND TO HOLD the Leases, as herein limited, together with all and singular the dghts and appurtenances thereto in anywise belonging unto Assignee, its heirs, successors and assigns, as to each Lease for so long as such Lease is in force and effect, subject to the following: Assignee shall comply with and does hereby assume, to the extent of the interests herein conveyed to Assignee, all express and implied covenants and obligations contained in, or adsing out of, the Leases, including without limitation, the obligation to properly plug and abandon the wells and restore the property covered thereby. This Assignment is accepted by the Assignee subject to the terms and conditions of the Leases, as well as any assignments, operating agreements, leases, permits, rights-of-way, licenses, easements, options, orders, product purchase and sale contracts, gas processing agreements, gas gathering agreements, and/or any other agreements or contracts attributable to, affecting, or otherwise relating to the Leases, whether or not recorded, and Assignee assumes the obligations of Assignor with respect thereto. THIS ASSIGNMENT IS EXECUTED, DELIVERED, AND ACCEPTED WITHOUT ANY REPRESENTATION, WARRANTY OR COVENANT OF TITLE' OF ANY KIND OR NATURE, EITHER EXPRESS, IMPLIED OR STATUTORY. IN ADDITION, ASSIGNOR MAKES NO REPRESENTATION, COVENANT OR WARRANTY, EXPRESS, iMPLIED OR STATUTORY, AS TO THE ACCURACY OR CQMPLETENESS OF ANY DATA OR RECORDS DELIVERED OR OTHERWISE PROVIDED OR SHOWN TO THE ASSIGNEE BY ASSIGNOR OR ANY THIRD PARTY WITH RESPECT TO THE LEASES, OR CONCERNING THE QUALITY OR QUANTITY OF HYDROCARBON RESERVES, IF ANY, ATTRIBUTABLE TO THE LEASES, OR THE VALUE OF THE LEASES BASED ON THE SALES PRICES OF ANY SUCH HYDROCARBONS. GRANTEE ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATIONS OF GRANTOR OR ANY OTHER PARTY IN DECIDING TO ACQUIRE THE LEASES AND HAS MADE ITS OWN INDEPENDENT ASSESSMENT SALE 177C LOT - 97 Page 1 of 4 ('.16 LEASEHOLD LINCOLN COUNTY, WY OF THE VALUE THEREOF. WAIVER OF CONSUMER RIGHTS. TO THE EXTENT APPLICABLE TO THIS TRANSACTION, ASSIGNEE HEREBY WAIVES ITS RIGHTS UNDER THE PROVISIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT, CHAPTER 17, SUBCHAPTER E, SECTIONS 17.41 THROUGH 17.63, INCLUSIVE, OF THE TEXAS BUSINESS AND COMMERCE CODE (A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS). AFTER CONSULTATION WITH AN ATTORNEY OF ITS CHOICE, ASSIGNEE VOLUNTARILY CONSENTS TO THIS WAIVER. EACH PARTY ACKNOWLEDGES THAT THE PARTIES HERETO DO NOT OCCUPY DISPARATE BARGAINING POSITIONS. TO THE EXTENT PERMI3-rED BY LAW, ASSIGNEE FURTHER WAIVES ITS RIGHTS UNDER ANY SIMILAR LAWS, STATUTES OR RULES OF THE JURISDICTION IN WHICH THE LANDS AFFECTED BY THIS CONVEYANCE ARE LOCATED. ASSIGNEE REPRESENTS THAT IT IS A KNOWLEDGEABLE AND SOPHISTICATED OIL AND GAS INVESTOR AND IS ACQUIRING THE INTEREST DESCRIBED HEREIN FROM ASSIGNOR FOR ITS OWN BENEFIT AND NOT FOR RESALE. ASSIGNEE, TO THE EXTENT LAWFUL, WAIVES ANY. RIGHTS UNDER ANY FEDERAL OR STATE LAW OR REGULATION UNDER WHICH SUCH INTEREST MAY BE CLASSIFIED AS A SECURITY. AS BETWEEN THE PARTIES HERETO, THEIR HEIRS, SUCCESSORS AND ASS!GNS, ANY CLAIMS, DISPUTES OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS ASSIGNMENT WHICH CANNOT BE RESOLVED BY MUTUAL AGREEMENT SHALL, UPON WRI'FI'EN NOTICE BY ONE PARTY TO THE OTHER, BE SUBMI'FI'ED TO BINDING ARBITRATION, IN ACCORDANCE WITH AND SUBJECT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ALL ARBITRATION HEARINGS HELD PURSUANT TO THIS PARAGRAPH SHALL BE CONDUCTED IN HOUSTON, TEXAS, U.S.A. OR SUCH OTHER LOCATION AGREED UPON BY BOTH PARTIES. THE ARBITRATOR SHALL BE AN ATTORNEY WITH SUBSTANTIAL EXPERIENCE IN THE FIELD OF OIL AND GAS LAW AND SHALL BE JOINTLY AGREED UPON BY THE PARTIES, BUT IF NO AGREEMENT CAN BE REACHED WITHIN THIRTY (30) DAYS, THEN SUCH ARBITRATOR SHALL BE APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION. THE DECISION OF THE ARBITRATION SHALL BE FINAL AND BINDING UPON THE PARTIES AND SHALL BE ENFORCEABLE IN ANY COURT HAVING JURISDICTION OVER THE PARTY TO BE CHARGED. NO EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES SHALL BE AWARDABLE. IN THE EVENT OF A DECISION ADVERSE TO ASSIGNOR, ASSIGNOR SHALL HAVE THE RIGHT, AT ASSIGNOR'S SOLE OPTION, TO RESCIND THIS ASSIGNMENT, RECEIVE A RECONVEYANCE OF THE INTEREST ASSIGNED HEREIN, AND RETURN ASSIGNEE'S CONSIDERATION (WITHOUT INTEREST) AS ASSIGNEE'S SOLE REMEDY. THIS ASSIGNMENT IS MADE ON AN "AS IS, WHERE IS" BASIS, WITH ALL 'FAULTS, AND WITHOUT REPRESENTATION OR WARRANTY' OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE LEASES AND ANY PROPERTY AND RIGHTS INCIDENT THERETO. This Assignment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, and the covenants hereof shall run with the land. Page 2 of 4 SALE 177C LOT - 97 LEASEHOLD LINCOLN COUNTY, VVY IN WITNESS WHEREOF, this Assignment is executed and delivered this ._/__/__ day of September, 2002, but shall be made effective as of September 1,2002. ASSIGNEE: T.C. CRAIGHEAD & COMPANY DENNIS MITCHELL RONALD E. SLOVER ASSIGNOR: TOTALFINAELF E&P USA, INC. BY: Bruno .~_ ~ Vice President Title: T.C. Craighead as ent and Attorney-In-Fact ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF. HARRIS '§ On the ~/~ day of September, 2002, before me appeared Bruno Simon, to me personally known, who being by me duly swom did say that he is Vice President of TotalFinaEIf E&P USA, Inc., and that the foregoing instrument was signed in behalf of such corporation by authority of the Board of Directors of such corporation and that he acknowledged the instrument to be the free act and deed of the corporation. My Commission Expires: ,..--:--.-:--.., ,~ ~_- -,-; ...... ~,,~,~,;,,, ..... ~1 ,.,,,,'.:'.,.....~,.;,,. JOUU ~ w,uu,,..,,,_,,,- ]1¥'.;:../~.~.,,.~ My Commission Expires /! ! CORPORATE ACKNOWLEDGMENT STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared of , known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said corporation. GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFFICE on this September, 2002. day of MY COMMISSION EXPIRES: Notary Public in and for the State of Texas SALE 177C LOT - 97 Page 3 of 4 ACKNOWLEDGMENT 0.18' STATE OF TEXAS COUNTY OF HARRIS Before me, the undersigned, a Notary Public in ~and for said County and State, on this day personally appeared T.C. Craighead as President of T.C. Craighead & Company and as Attorney-In-Fact on behalf of Dennis Mitchell and Ronald E. Slover, known to me to be the person whose name is subscribed to the foregoing instrument, and ac .knowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein Stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 18th day of Septe~aber, I ~ ,~'~'~,7.~-'~'~'"-"~-*----~ · Kathrin I~ot'l/~d ~l}~.~ ~¥co~lsslou~>~};~ss I~ Nota~ PuNic in and for the State of Texas ~~~ My Commission Expires: October 13, 2002 2002. O1 9 X 5 -J o w w 0 0 W 0 0 ~ Z r~ X I--- I,-- '~ (~ 0 w w 0 Z n, 0 H.. W v 0 0 0 n, z z n~ Z Z Z Z Z Z 0 0 0 0 0 0 0 O' 0 0 0 0