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HomeMy WebLinkAbout888788"BOOK--PR P^GE~, i-~- RECEIVED LINCOLH COU',IT''( CLERK VCA.S-H,AKIE COUN'P¢: WYO. NO. 03 t:,!, ,:,,?o ¢,,,:. q.., "ii o.o, t.;. ~' RECORBEB kllCRO BOOK 92 BK[E March 6r 2003 ....... ,',' '.: ' '"l:.i', 8:3O'AM O'CLOCK , PAGE 1574-1578 ASSIGNMENT AND CONVEYANCE THIS ASSIGNMENT AND CONVEYANCE (the "Assignment"), dated effective February 1, 2003, at 7:01 a.m., Casper, Wyoming Time (the "Effective Time"), is from BARBARA E. VAN ARSDALE, as Trustee of the Van Arsdale Revocable Trust, dated September 3, 1991, ("Assignor") whose address is 20 Thistle Lane, Santa Fe, New Mexico 87506 to VAN ARSDALE, LLC, a New Mexico limited liability company, ("Assignee") whose address is 20 Thistle Lane, Santa Fe, New Mexico 87506. I. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby ackmowledged, Assignor hereby transfers, grants, bargains, sells, conveys and assigns to Assignee all of her right, title, claims, interests and estates in and to the following interests (hereinafter referred to as the "Interests"), to wit: (a) All the interests in oil, gas and other minerals, wherever situated, presently owned by Assignor, which interests include, without limitation, interests in and to or derived under the oil, gas and mineral leases, other mineral leases and options to lease; all overriding royalty interests; all mineral interests; all production payment interests; all fee interests; all oil,' gas and mineral servitudes; all oil, gas and mineral royalty interests; and all interests, of whatever nature, in the lands described in Exhibit "A" hereto (the foregoing interests shall hereinafter be referred as the "Property" or "Properties"), and which interests include, without limitation, all oil, gas and other minerals in, on, produced (after the Effective Time) from or otherwise attributable to each Property, and all fights, easements, uses, profits a prendre, privileges, benefits and powers conferred upon the owner of each Property with respect to the use and occupation of the surface of, and the subsurface depths under, the land covered by such Property which may be necessary, convmfient or incidental to the possession and enjoyment of the Property, except as specifically limited and excepted hereinbelow it being the intent of Assignor to convey to Assignee all of Assignor's interest in the Property whether or not correctly described in Exhibit "A"; (b) All of Assignor's right, title, interest, obligations, duties and estate in and to or derived under all properties and agreements, contracts and other fights incident to the Properties or lands pooled or unitized therewith, including oil, gas and product sales, pUrchase, transportation, exchange and processing contracts, casinghead gas contracts, division orders, operating agreements, balancing agreements, joint venture agreements, secondary and tertiary recovery unit agreements, farmout and farm-in agreements, commingling agreements, and all other contracts, agreements and instruments (including, without limitation, the benefits, obligations and liabilities of penalty provisions thereof and future interests, reversionary fights and deferred interests) and orders in any way except to the extent that such agreement or instrUment is valid and presently subsisting with respect to such interest; (c) All of Assignor's right, title, interest and estate in and to or derived from the oil, gas, or mineral unitization, pooling and communitization agreements, declarations and orders relating to the Properties and the units created thereby (including, without limitation, all units formed under orders, regulations, rUles or other official acts of any federal, state or other governmental agency having jurisdiction), which relate to any of the Properties, or to the production of oil, gas or other hydrocarbons from or attributable to the Properties; d) All of Assignor's right, title and interest on all oil, gas and other minerals, wheresoever situated, presently owned by Assignor, or hereinafter acquired, but not described on Exhibit "A", it being. Assignor's intent to convey all mineral interests owned by Assignor. TO HAVE AND TO HOLD the Interests unto Assignee, her successors and assigns, forever. Assignor hereby warrants title to the Interests by, through and under her but no others. In the event there is a conflict between the terms and provisions of this Assigmnent and the provisions of any statutory, judicial or regulatory orders, rUles or regulations, or the provisions of any agreements or other matters set out above, then except as set out herein, the terms of any such valid rUles, regulations, orders, agreements or other such matters shall prevail, to the extent they are valid, enforceable and applicable to the properties. Assignor also hereby grants, assigns and transfers to Assignee, its successors and assigns, to the extent so transferable, (a) the benefit of and the right to enforce the covenants, obligations and warranties, if any, which Assignor is entitled to enforce with respect to the Interests against Assignor's predecessors in title to the Interest and (b) full substitution and subrogation of all rights accrUing under the statutes of limitations or prescriptions under the laws of the state of Wyoming. The parties agree to take all such further actions and to execute, acknowledge and deliver all such further documents that are necessary or useful in carrying out the purposes of this Assignment. So long as authorized by applicable law to do so, Assignor agrees to execute, acknowledge and deliver to Assignee all such other additional instrUments, notices, division orders, transfer orders and other documents and to do all such other and further acts and things as may be necessary to more fully and effectively grant, convey and assign to Assignee the Interests conveyed hereby or intended so to be. 115 gas, and mineral leases, lands or interests therein or herein described or any rights therein; are not intended to modify, and shall not modify, any of the terms, covenants and warranties herein set forth and are not intended to create and shall not create any additional covenants and warranties of or by Assignor to Assignee; and shall be deemed to contain all of the terms and provisions hereof, as fully and to all intents and purposes as though the same were set forth at length in said separate assignment. Said separate Assignments and this Assignment shall, when taken together, be deemed to constitute the one conveyance and assignment by Assignor of the applicable portion of the Interests, as hereinabove set forth. Thi~ assignment, insofar as it pertains to those of the Interests as to which said separate Assignments have been, or will be, executed for filing with and approval by the United States of America, State of Wyoming, or any other governmental entity Or agency, are made and accepted subject to the approval of appropriate governmental entities and agencies as to the terms of such approval, if and to the extent required by law. Assignor may be the owner of, and intends to assign to Assignee, certain interests in oil, gas and mineral leases falling under the jurisdiction of the United States of America, State of Wyoming, or other governmental entities and agencies and for which no separate form of Assignment is prescribed or suggested. To the extent that a single Assignment document is pen~itted by laxv to transfer rights to such interests, the parties intend that this Assignment constitute such Assignment document. This Assignment shall bind and inure to the benefit of Assignor and Assignee and their respective successors and assigns. EXECUTED this '~ \l~day of '~-~ ~ ,-,.-,.r-,../ , 2003, to be effective for all purposes as of the Effective Time. ASSIGNOR: VAN ARSDALE REVOCABLE TRUST BARBARA E. VAN ARSDALE, Trustee ACKNOWLEDGMENT STATE OF NEW MEXICO ) COUNTY OF ) The foregoing ASSIGNMENT AND CONVEYANCE was acknowledged re me by BARBARA E. VAN ARSDALE, Trustee on this /~ day of ,2003. ~ and offiCial seal. 116 EXHIBIT A TO ASSIGNMENT AND CONVEYANCE All references to "Alice" in the re'al prOperty descriptions are the same amOunt of interest owned by the decedent. 1577 !I7 LINCOLN COUNTY, WYOMiNG S. Hogsback SEC 8 Frontier Com. Agrmt., Unit 19 W/2 NW/4, SW/4 SEC 8, T26N Rl l3W Alice's royalty tnteresu 0.0020001 CurrentlY under production by MOBIL Oil Corp., P.O. Box 2080, Dallas, TX 75221-2080, 214/951-4900 Alice's owner #122490-00 Property #'s: 0842144-001 (Also includes under this property number the same acreage as shown under Sublette Co~_mty, Wyoming Hogsback Unit A Tract 19).