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HomeMy WebLinkAbout891194BOOK RECEIVED LINCOL_N COUNTY cLERK ""-'~"~"~PRPAGE. 4 0 7 8 9 I I 9 h .... ' '- ASSIGNMENT OF OIL, GAS AND MINE~L PROPERTIES FROM'-:: ':: 7 ':" ~EAk B~UC~ WHEREAS, effective as of 7:00 a.m., Central Daylight Savings Time on February 1, 2001, Neal Bruce Anderson, a Texas resident, acting by and through his agent and Attorney-in-Fact, Neal Bruce Anderson, Jr., a copy of the power of attorney through which Mr. Anderson's agent and Attorney-in-Fact is acting is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes, desires, for various business reasons, to assign to Anderson Oil Ltd., a Texas limited partnership, all of his undivided oil, gas and mineral interests situated in any and all counties / parishes I provinces and states within the United States and Canada. NOW, THEREFORE, NEAL BRUCE ANDERSON, a Texas resident, ("Assignor") acting by and through his agent and Attorney-in-Fact, Neal Bruce Anderson, Jr., has GRANTED, TRANSFERRED, ASSIGNED and CONVEYED, and by these presents does hereby GRANT, TRANSER, ASSIGN and CONVEY unto ANDERSON OIL LTD., a Texas limited partnership, whose address is 5005 Woodway Drive, Suite 300, Houston, Texas 77056 ("Assignee"), all of Assignor's undivided interests in and to any and all of the oil, gas and mineral interests of Assignor (whether mineral interests, working interests, royalty interests, non-participating royalty, overriding royalty interests or any other type of interests in oil and gas or other mine~rals) located in .any and all counties / parishes / provinces and states within the United States and Canada. This Assignment is effective as of 7:00 a.m. Central Daylight Savings Time on February 1, 2001. Assignor: Neal B'7"uce Anders~'i", by his agent and Attorney-in-~eal Bruce Anderson, Jr. THE STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on this 8th day of February, 2001, by Neal Bruce Anderson, Jr., as agent and Attorney-in-Fact on behalf of Neal Bruce Anderson, a Texas resident. lic in ind:{~Th~ State of Texas .,,'_-;,~.!~.~!~% 60NSTAf.~CE O. CA,MICHAEL E~(~,~) .'E Nota~ Public, State of Texas Lincoln County, Wyoming 4O8 EXHIBIT "A" ~ TO ASSIGNMENT OF OIL, GAS AND MINERAL PROPRTIES FROM NEAL BRUCE ANDERSON GENERAL DURABLE POWER OF ATTORNEY THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HA_~IS THAT I, NEAL BRUCE ANDERSON, a resident'of Harris County, Texas, have made, constituted and appointed, and by these pre- sents do make, constitute and appoint NEAL BRUCE ANDERSON, JR. as my true and lawful attorney ("my attorney") for me and in my name, place~ and stead to do any and every act and exercise any and every power that I may or can do or exercise through any person and that my attorney shall deem in my attorney's sole discretion,~ proper, expedient or advisable, hereby vesting in my attorney a full and general power of attorney, giving granting unto my attorney full power and authority to do and perform ali and every act and thing'whatsoever for me as fully to all intents and purposeS!~:as I might or could do personally. This power of attorney sllall not terminate on my disability or incompetence, but shall be fully effective, notwithstanding my disability or incompetence subsequent to ifs execution. I hereby ratify and confirm all of the acts heretofore done and hereafter to be done by my attorney, under and by virtue of this general power of attorney and do hereby request all .persons to give full effect to the terms hereof and to construe this instrument liberally in ~avor of granting and giving my attorney full power to act for me in every matter whatsoever in which I might act if personally present. 409 I. General Grant of Power. Without limiting the general power of attorney so given and granted to my attorney, but merely by way of example, I give and grant to my attorney each of the following powers as well as all other powers which will allow my attorney to effectively exercise the powers specified herein: (A) To deposit in one or more banks, savings and loan associations, thrifts, credit unions, brokerage firms or any other financial institution (sometimes referred to jointly as "financial institutions" and severally as "financial institution") selected by my attorney all monies which may come into my attorney's hands as my attorney and all bills of exchange, drafts, checks, promissory notes and other securities belonging to me or payable to my order, and for that purpose to sign my name and to withdraw from any financial' institution or financial institutions, which may now or hereafter hold anything of value of mine in a safety deposit box or other place of safe- keeping, all my monies, notes, stocks, bonds or other securities of whatsoever nature, or any part of the same, and for any and all of said purposes to draw checks or drafts in my name and to sign receipts .in my name as fully and in the same manner as I might do if personally present7 and I hereby specifically direct any and all such financial institutions to give effect to the power here granted my attorney; -2- 410 (B) To receive all dividends, cash or otherwise, or any part thereof, which are or shall be payable on all of the stock of whatsoever nature standing in my name, to collect all debts of whatsoever nature which may be owed to me, whether evidenced by promissory note, bond or otherwise, and to give receipt in my name for any such dividend, debt or payment; (C)~ To sell, transfer and assign any stocks, bonds and other securities(or any of them) owned by me (whether held in my name or in the name of my nominees) for such sum or sums in cash or on credit or services on such terms and with 'such agreements as'my attorney deems proper, to execute all instruments necessary to effectuate such sale, transfer and assignment and to receive the consideration therefrom; (D) To sign and deliver, and in any and all proper ways, to execute any bond or promissory note or draw any bill of exchange, financial institution draft or check and to acknowledge or endorse any bill of exchange, financial institution draft, check or promissory note which my attorney, deems proper or desirable to execute, sign, draw, acknowledge or endorse; (E) To manage and supervise all of my real property and interests in real property, personal' property or mixed property of whatsoever nature including, but not limited to the surface or the mineral estate, and wherever located, to collect all income of whatsoever nature accruing therefrom, and to do --3'-- 411 every act or thing which my attorney deems necessary or desirable to manage said property; (F) To enter into possession of all my real property of whatsoever nature and to collect, sell and convey the same or any part thereof for such sum or sums in cash or on credit or services on such terms and with such agreements as my attorney deems proper, to lease same for oil, gas and mineral purposes, to make contracts for mineral ,developments, to make pooling and unitization agreements, or either, all on such terms and with such agreements as my attorney deems proper or necessary; to make, execute, acknowledge and deliver in my name and for me good and sufficient conveyances for all sales, leases or the like which may be made by my attorney hereunder, upon any consideration and with any Clauses, covenants, and agreements to be therein contained as my attorney deems proper or necessary; to lease or let any of said real-property to such person or persons and for 'such rent and on such terms as my attorney deems proper or advisable, and to collect and receive all sums of money or all other things of value which shall become due and owing to me,by reason of any such contract, sale, conveyances, or lease, and to execute and deliver sufficient releases and discharges of any lien or liens retained or held by me on any property of what- soever nature; -4- (G) To make such investments for me, as my separate property or as the community property of my spouse and me (including community property with rights of survivorship), as my attorney deems advisable, specifically including the purchase of United States Treasury Bonds redeemable at par in payment of the Federal Estate Tax, to borrow funds and pledge any such invest- ~ments as security therefor; (H) To borrow for me and in my name, as my separate property or as the community property of my spouse and me, any sum of money which my attorney deems necessary or advisable and to give such security therefor on such terms and conditions as in my attorney's sole and unlimited discretion shall be deemed necessary or advisable, and to execute any deed of trust, mort- gage, pledge or other type of security similar or dissimilar which in my attorney's 'opinion is proper or necessary; to lend to any one or more persons out of a group of persons consisting of my wife, Jacqueline Anderson, and my children (including my attorney) any sum of money which my attorney deems advisable, with or without security, at such rate of interest, if any, and on such other terms as my attorney deems advisable; (I) To join in any act or instrument affecting prop- erty in which my attorney may have an interest or may be acting with respect thereto in any other capacity, including, but not limited to, every act and' instrument of the kind and character -5- 413 elsewhere herein authorized universally or by way of example to be done or executed on my behalf affecting said property; (J) To make all claims, releases, collections, assign- ments, endorsements, or any other acts in my name which my attor- ney deems proper or desirable to execute in regard to any and all policies of life, health, accident, or disability insurance, Medicare, Medicaid, Social Security, or any other private or public welfare program; provided that, my attorney shall not have the power to exercise any incidents of ownership with respect to any policy insuring the life of my attorney that is owned by me as my separate property; (K) To 'apply for my benefit any of my property (in- cluding any income therefrom) for my health, support and mainte- nance; (L) To contract or otherwise arrange for any and all medical, psychiatric, surgical, nursing or related services and care on my behalf which my attorney deems proper or desirable, including, but not limited to, any contracts or arrangements for the services of a physician or physicians, any contracts or arrangements with respect to a nursing home, hospital, clinic or other appropriate facility, and any contracts or arrangements for the services of a nurse or nurses or any other person furnishing services which my~attorney deems proper or desirable; (M) To take any legal, administrative or any other action necessary or appropriate to enforce or protect any of my rights or property; to pay, compromise, settle or adjust any liability for any debt or obligation owed by me; to settle, compromise or release any claims held or asserted' by me or against me; (N) To cause to be prepared, and to execute and file on my behalf, any tax return, claim for refund or other document which must or should be filed and to pay any tax (including penalties and interest) shown to be due by such return; to repre- sent me before any office of the Internal Revenue Service or any other taxing authority, in any matter, with authority to execute a waiver of any tYpe, to consent to an extension of any period for assessment or collection of any tax, to settle or compromise any tax liability asserted against me, and to execute a closing agreement;, to make any return or report for me to any govern- mental agency (federal or state), body, organization or corpora- tion which I may be entitled or required to make, regardless of the nature of any such return or report; (O) To enter into and deliver any type of contract on my behalf, when my attorney deems such contract to be in my best interest; (P) To transfer any and all property owned by me or in which I have any interest which may be transferred by me at any -7- 415 time to the Trustee or Trustees of any trust of which I am an income beneficiary at the time of the transfer, to be held, administered and distributed as a part of the trust estate of such trust; provided that, any such transfer may be made if and only if I have the power to revoke such trust or I have a general power of appointment over the assets of such trust; and (Q) To apply such income and principal which is not required for my support or the support of Jacqueline Anderson during my lifetime toward the establishment of an estate plan which my attorney deems advisable for the purpose of minimizing my income taxes or the projected estate, inheritance or other taxes with respect to my estate, including gifts 'of my real or personal property, outright or in trust, on my behalf, to or for the · benefit~ of (i) organizations to which charitable contributions may be made under the Internal Revenue Code and in which I have previously demonstrated an interest; and (ii) any one or more persons out of a group consisting of my wife, Jacqueline Anderson, and my children (including my attorney). For purposes of this General Durable Power of Attorney, .the term "my children" shall refer only to Karen Anderson Martin, Neal Bruce. Anderson, Jr., Craig Floyd Anderson, Scott Lee Anderson and Kevin White Anderson. All of the forego~ing powers may be exercised by my 'attorney with respect to my homestead property. 8 II. Relief from Bond and Compensation. My attorney shall not be obligated to furnish any bond or other security. My attorney shall not be entitled to compensation for services rendered. III. Substitute or Successor Attorney. If Neal Bruce Anderson, Jr. is ever unable or unwilling to act as my said attorney, I hereby appoint JACQUELINE ANDERSON as such attorney to have all the rights and powers set out above as if she were the original appointee hereunder upon presentation to any third person of~ only a written statement by Neal Bruce Anderson, Jr. that he is unwilling to act hereunder, or a certified death certificate for Neal Bruce Anderson, Jr., or a written statement signed by a medical doctor that Neal Bruce Anderson, Jr. is unable to act hereunder. And with respect to any and all of the foregoing, my attorney shall have full power to appoint in writing a substitute attorney to my attorney for any designated period of time during which my attorney is Unable to act for whatever reason, as well as the power to revoke such appointment and appoint another substitute attorney (including my attorney). IV. Liability of Third Parties and Indemnification. Unless this power of attorney is revoked as provided in Paragraph V hereof, and regardless of whether I have designated any other person to act as my attorney in any other document, no person, -9- firm, corporation or other entitY (sometimes referred to as "third party") dealing with my attorney designated herein or any substitute or successor attorney hereunder, if acting in good faith, shall be required to ascertain the authority of my attorney~ nor to see to the performance of the agency, nor be responsible 'in any way for the proper application of funds or property paid or delivered to my attorney; but, if acting in good faith, may deal with my attorney as though he were the unconditional owner, and shall incur no liability to me or to my heirs, devisees, personal representatives or to any person whomsoever as a result of permitting my attorney to exercise any power. Notwithstanding anYthing to the contrary in this power of attorney, any third party dealing with my attorney shall be protected without any search of the Deed Records in the office of the County Clerk of Harris County, Texas, or the Deed Records in the offiCe of any other County Clerk, in relying on this power of attorney if (a) my attorney executes and delivers to such third party an affidavit that this power of attorney on the date of such affidavit has not been revoked and is in full force and effect or (b) such third party is a financial institution, insurance company or a title company and has not-received a copy of a certified copy of a written instrument of revocation of this power of attorney. I hereby authorize, but do not require, my attorney, in his capacity as my attorney, to indemnify and hold -10- 418 harmless any third party who accepts the authority of my attorney to act under this power of attorney. I further grant to my attorney the power and authority to institute any legal, administrative or other proceeding deemed necessary or desirable by my attorney (i) to enforce the acceptance of this power of attorney by a third party, or (ii) for damages and all expenses and costs (including reasonable attorneys' fees) resulting from a third party's failure to timely accept this power of attorney. V. Revocation. This power of attorney revokes any previous powers of attorney granted by me other than any powers of attorney to my wife, Jacqueline Anderson. Any revocation of this power of attorney shall be only by a written instrument executed by me and acknowledged'before a Notary Public and shall be effective on the third day after the recorded date of the filing of such revocation in the Deed Records of Harris County, Texas. VI. Interpretation and Governinq Law. This instrument is to be construed and interpreted as a general durable power of attorney. The enumeration of specific powers herein is not intended to, nor does it, limit or restrict the general powers herein granted to my attorney. This instrument is executed and delivered in the State of Texas, and the laws of the State of Texas shall govern all questions as to the validity of this power and the construction of its Provisions. Any authority granted to -11- 419 my attorney herein shall be limited so as.to prevent this power of attorney from causing my attorney to be taxed on my income and from causing his estate to be subject to a general power of appointment held by my attorney, as that term is defined .in Section 2041 of the Internal Revenue Code of 1986, as amended from time to time. VII. Headings. The headings of paragraphs and subparagraphs of this power of attorney are inserted for convenience only and shall not be deemed to constitute part of this power of attorney or to affect in any manner the construction hereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of (-..':L.c-~,~5..~-_~::~.¥-":~ 1989. NEAL BRUCE ANDERSO}i' "PRINCIPAL" Witness ...~ £~ ..4 ~.: z___ l,.!.,.'i., t9 ? ~;- .4/ Printed Name of Witness Witness Printed Name of Witness -12 - THE STATE OF TEY~S COUNTY OF HARRIS This instrument Prin~c>pal, NEAL BRUCE (~:x~ ~ ,~o~/;-- , 19 8 9. (SEAL) My Commission Expires: was acknowledged before me by said ANDERSON, on this the ~/ day of NOTARY P~BL\IC'~IN AND FOR THE STATE OF TEXAS .2,, ? ':::, 91 -RSSN989/AndersoZ.POA gc -13 -