HomeMy WebLinkAbout890781 RECEIVED
LINCOLN COUNTY CLERK
BOOK ~-~J~'~PRPAGE S 3 3
Lincoln County, Wyoming
8, 9 0 ,'~S~mBUTION AS~.~Nt'Cml~I' ~D:M!:NERAL DEED
The Estate of Herbert E. Ware, J%i~s]~d:('~As.s!~gr"), acting herein by and through
Herbert E. Ware, III and W. Brett Smith, Independeht Co-Executors, for and in consideration of the
sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the
receipt of which is hereby acknowledged and confessed, and in partial distribution of the assets of
the Estate of Herbert E. Ware, Jr., Deceased, has granted, sold, conveyed and assigned and by these
presents does grant, sell, convey and assign all of the right, title and interest of the Estate of
Herbert E. Ware, Jr., Deceased in and to all working interests, leasehold interests, overriding royalty
interests, participating and non-participating interests, net profits interest and any and all interests
of any kind or nature owned by Assignor, including, without limitation, all interests of Assignor in
and to oil and gas and other minerals found on, in or under all lands described in Exhibit A hereto
(collectively, the "Properties"), together with all right, title and interest of Assignor in and to all
components, fixtures, equipment and other property of every kind and character, real, personal and
mixed, tangible and intangible, wherever located, which are used or to be used in connection with,
or produced from the Properties as well as all rights of Assignor in and to and/or all valid, existing
and transferrable contracts and agreements affecting, applying to or useful in connection with the
Properties to Camp Colorado Investments, L.P. (the "Assignee") whose address is 508 West Wall,
Suite 1200, Midland, Texas 79701.
Except as herein specifically provided, this Assignment and Mineral Deed is made without
warranties or representations of any kind, all such other representations and warranties being
expressly disclaimed; specifically in this connection, but without limiting the generality of the
foregoing, ALL EQUIPMENT, OTHER PERSONAL PROPERTY AND FIXTURES SOLD AND
CONVEYED TO ASSIGNEE ARE SOLD AND CONVEYED ON AN "AS IS" AND "WHERE
IS" BASIS AND ASSIGNOR MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER
EXPRESS' OR IMPLIED, AS TO THE MERCHANTABILITY, QUALITY, CONDITION OR
FITNESS FOR A PARTICULAR PURPOSE OF SUCH EQUIPMENT; OTHER PERSONAL
PROPERTY AND FIXTURES. THE PARTIES AGREE THAT, TO THE EXTENT REQUIRED
BY LAW TO BE APPLICABLE, THE DISCLAIMERS CONTAINED WITHIN THIS
PARAGRAPH ARE "CONSPICUOUS" DISCLAIMERS FOR THE PURPOSE OF ANY LAW,'
RULE OR ORDER. BY ACCEPTANCE OF RECEIPT OF THIS CONVEYANCE, ASSIGNEE,
TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY WAIVES THE
PROVISIONS OF CHAPTER 17, SUBCHAPTER E, SECTION 17.41 THROUGH 17.63
INCLUSIVE (OTHER THAN SECTION 17.555 WHICH IS NOT WAIVED) OF THE TEXAS
BUSINESS AND COMMERCE CODE.
TO HAVE AND TO HOLD, the right and interests hereby conveyed and assigned, together
with all and singular the rights and appurtenances thereto in anywise belonging unto the said
Assignee, its successors and assigns forever, and the Assignor does hereby bind itself, its successors
and assigns to warrant and forever, defend, all and singular, the said Properties unto the said
Assignee, its successors and assigns, against everyperson whomsoever lawfully claiming, or to claim
the same, or any part thereof, by, through and under the Assignor, but not otherwise.
834
Assignor hereby constitutes and appoints Assignee the true and lawful attorney-in-fact of
Assignor with full power of substitution, for it and in its name and stead, but on behalf and for the
benefit of the Assignee to demand, receive and collect from time to time any and all monies, credits,
claims or rights due or to become due relating to the Properties or by any other instruments of
assignment from Assignor to Assignee contemplated in this instrument and to give receipt and
release of the same or any part thereof and from time to time to institute, prosecute and defend in the
name of the ASsignor or otherwise, but at the expense and for the benefit of Assignee, and any and
all claims, actions, suits or proceedings in respect thereto, excepting those specified and excluded
therefrom.
This Assignment and Mineral Deed is being executed in several counterparts all of which are
identical, except that, to facilitate recordation, in certain counterparts hereof only that portion of
Exhibit A which contains specific descriptions of properties located in the recording jurisdiction in
which the particular counterpart is to be recorded are included, and other portions of Exhibit A are
included by reference only. All of such counterparts together shall constitute one and the same
instrument, but, in making proof of this Assignment and Mineral Deed, it shall not be necessary to
produce or account for more than one counterpart original.
This instrument shall be. effective for all purposes as of 7:00 a.m., Midland, Texas time on
Ita ,2003.
WITNESS its hand this ,~ / day of May, 2003.
ASSIGNOR:
ESTATE OF HERBERT E. WARE, JR. DECEASED
By:
~a~de~endent, Co-Executor
By:
X~. Br~mit~h', ~}tependent Co-Executor
ASSIGNEE:
CAMP COLORADO INVESTMENTS, L.P.
By: Camp Colorado General Partner, LLC, its
managing g_eneral partner
By:
Name:
Title:
835
STATE OF TEXAS §
COUNTY OF MDLAND §
This instrument was acknowledged before me on the .-Sf/~t'- day of May, 2003 by
HERBERT E. WARE, III, Independent Co-Executor of the Estate of Herbert E. Ware, Jr., Deceased,
in his capacity therein.
J[~"ff.~h,,-~ NOTARY PUBLIC
Nota]~2p'Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF MIDLAND §
This instrument was acknowledged before me on the day of May, 2003 by W. BRETT
SMITH, hldependent Co-Executor of the Estate of Herbert E. Ware, Jr., Deceased, in his capacity
therein.
j~--~.'~ NOTARY PUBLIC
~,.~,'~"JJ STATE OF TEXAS____~
836
STATE OF TEXAS §
COUNTY OF MIDLAND §
-This. instrument ~~)ed before me on the,~/s;¥" day of May, 2003 by
~0~-~, /L)&J~et . .;~, of Camp Colorado General Partner, LLC, in his
capamty therein.
Notary Publi~in and for the State of Texas
O& hlOTSZ
EXHIBIT A
Estate of Herbert E. Ware, Jr. Oil and Gas Properties
Wyoming Properties:
County. Lease Name Location
Lincoln Lincoln Road #10-6 Section 6, Township 24 North, Range
111 West
Lincoln Raptor Unit #1-24 Section 24, Township 24 North, Range
112 West
Lincoln Reservoir Unit 65-1 Section 1, Township 24 North, Range
112 West
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