HomeMy WebLinkAbout891252BOOK, 5~r~PRPAGE 60 1
THE STATE OF ~rYOMING
COUNTY OF LINCOLN
RECEIVED
LINCOLN COUNTY CLERK
891252
MINERAL AND ROYALTY DEED
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KNOW ALL MEN BY TI-HgSE PRESENTS:
~. Umat SALLY TROXELL
hereinafter referred to as Grantor (whether one or more), for Ten Dollars ($10.00) and other valuable consideration paid by SOUTHWEST PETROLEUS.I COMPANY, P.O. Box 702377,
Dallas, Texas 75370-2377, ROUND HILL ROYALTY LIIVIITED PARTNERSHIP, P.O. Box 25128, Dallas, Texas 75225, hereinafter referred to as Grantee (whether one or more), the
receipt of which is hereby ackalowledged, has GRANTED, SOLD, and CONVEYED, aod by these presents does hereby GRANT, SELL, and CONVEY un o Grantee (Southwest Petroleum
Company, o',wtlng 50.00%, Round Hill Royalty Limited Partnership, owning 50.00%,) its heirs, successors aod assigns, forever, subject to the n~ttters stated below, all of Grantor's
undivided interest in and to all of the oil, gas, and other nfinerals, including without thnitatino, all of the oil royalty, gas royalty, overrid ng royalty, royalty in casinghead gas and gasoline in, on
and ;~r, and that may be produced from, the following lands (the "Lands") in Lincoln County, State of Wyoming, to wit:
/ All of the Grantor's interest located in Lincoln County Wyoming including but not limited to Grantor's interest located in the following lands:
SECTIONS 22 thru 36, Township 26N/Range l12W;
SECTIONS 18, 19, 30, 31 & 32, Township 26N / Range lllW;
SECTIONS 1 thru 15, & 21, Township 25N / Range l12W;
SECTIONS 5, 6, 7, 19 & 20, Township 25N/Range IllW;
' 2. The "Lands" subject to this conveyance also includes all strips, gores, roadways, water bolXonts, and other lands adjacent to or contiguous with the lands specifically described above and
owned or claimed by Grantor. If the description above proves incorrect in any respect or does not include these adjacent or contiguous lands, Grantor shall without additional cousideration,
execute, acknowledge, and deliver to Grantee its successors and assigns, such instruments as are useful or necessary to correct tile description and evidence such correction in the appropriate
public records.
3. FOR TIlE SAME CONSIDERATION, Grantor also sells, assigns, la-ausfers, and conveys to Grantee, its successors and assigns, by this deed (i) the rights of ingress, egress, and possession
at all times to mine, drill, and explore the Lands for oil, gas, and other minerals, and to produce, store, dehydrate, contpress, treat, process, transport, market and remove them from file Lauds, and
to exercise all other rights lawfully belonging to the oil, gas, and nfineral estate; (ii) each valid and subsisting oil, gas, and/or other mineral lease (the "Lease," whether one or more) evidenced in
tile public records of the above- lamed comity, insofar as it covers the Lands (aud this conveyance is made subject to each such Lease, insofar as it covers tile Lands), together with all royalties,
slart-in royalties, delay rentals paid to extend the term within which operations may be conducted on tile Lands, and other rights and interests under each such Lease, insofar as it covers the
Lands; (iii) without limitatinn, all royalties, oi1 payments, gas payments, production pay~nents, revenues, payments, accounts, suspended fialds, refunds, interest on overdue payments, and other
tbings of value payable by any lessee, operator, purchaser of production, seller of production, or other parties or party whatsoever, w/th respect to any oil, gas, and/or other minerals produced
from, or attributable to the Lands before the date of this couveyance (including all such productiou in any tank, track, rail car, or pipeline); (iv) all liens and security interests securing ale payment
of such sm~s; and (v) al fights, claims and causes of actioo of Grantor with respect to such sunts, including, without lim/tatinn, claints for the underpayment of past royalties; (vi) all of Grantor's
future interests and after acquired title in and to the above described mineral and royalty interests, insofar as they cover said Lands.
4. Grantee may, at its option and in addition to any other rights or remedies available to Grantee, pay all or part of any tax, note, or other obligation secured by a lien on the Lands, or any part of
them or interest in diero. If ~lte~0 ex;i~i-/mke~ '~hy suc'h paymeut, or if any production royalties delay rentals, or other economic benefits of the estate conveyed by fl s nstnmlant are .ever
applied b7 an~ ids~ee p'~dlia'se¥of'product off qr 6fl~/~r person to pay or dischar e 1 w lole or in
interest hi'fi ' ':' ~''' ~; ;"~ ;" ~ "~''':''' . ~ , , g , part, any tax note, or other ob gat~on secured by a ben on the Lands or an
~e~, ~.ra ~tee s~.l~,.,q ?- suprogated to"shall' sucbeed to a id nkav enforce a I of the ri-hts ,r,~.. ~rr~_ ~, ~ _ , y part of them or any
.. -... ,. ,,, . ,e. t .... '1-'~ , ' . .. , ~ ~, ~ u,~ a~t. teu hen omuer o secure the recovery of the amoun s pa d, together with interest and
attorneys' fees. . . . · - .
5. Without in~Pairment of Grantee'} riglii, s under ihe Warranty in event of fa/lure of title, it is agreed that if tiffs conveyance covers less interest in the oil, gas, sulphur, or other minerals in all or
any part of said Lands than the entire and undivided fee shnple estate (whether Grantor's interest is herein specified or not), or no interest therein, then the consideration shall be paid only itl the
proportion which die interest therein, if any, covered by th/s conveyance, bears to the whole and undivided fee simple estate tharein.
6. In this instnnneoh "including" means "including, but not imited to"; "other n'dnerals" inc ude coal, lignite, uranium, sulphur, iron ore, and every other "mineral" now or hereafter recognized as
such under the laws of Wyoming; the plural includes the singular, and vice versa; each gender includes the others; and references to "Grantor" includes "Grantors, or any of them".
7. By execution of fl~s instnm~ent, Grantor also authorizes and directs all persons responsible for payiug aod/or delivering the royalties subject to this instrument (the "subject royalties") to
conunence paying and/or delivering the subject royalties to Grantee in accordance with this instniment. Grantor wan'ants and represents to each such person and to that person's heirs, successors,
assigns, and legal representatives that prior to making this cooveyance, Grantor was the lawful owner of the subject royalties and that Grantor has not heretofore cooveyed the subject royalties to
any other person. Grantor shall indenmify and hold each person responsible for paying and/or delive~lg file subject royalties, and that person's heirs, successors, assigns, and legal representatives
hamlless from and against ally lawful claints to the subject royalties by, tln'ough, or raider Graotor.
8. POWER OF ATTORNEY: Coupled w/th file interest herein conveyed, Grantor does hereby /nrevocably appoint and constitute Southwest Petroleum Company as Grantor's Agent and
Attoniey-in-Fact for the limited purpose only of executing divisinn orders, transfer orders, correction mineral and royalty deeds or conveyances, amendments of description, amendinents of
Grantor's capacity, including typographina errors, agd all other instruments as may be necessary for this conveyance of interest, so that Southwest Petroleum Company may act in Grantur's place
and stead for this limited purpose only. Southwest Petroleum Company is also given, through this provision, the authority to correct the description of the property be lg conveyed, if necessary,
to show the actual description of the property as reflected by the County Records in which the property is located. Ttiis is a Durable Power of Attorney and is not affected by the subsequent
disability or incapaciiy of the principal. '~
9. Grantor ackalowledges and agrees that Grantee has made no representation or warranty of any kind to Grantor to enhce or encourage Grantor to execute this insmm~ent and to receive
consideration therefore. Grantor recognizes and aclolowledges that the interest herein conveyed may be worth more thau the consideration received by Grantor therefore, partinularl); in the event
that drilling or production activity on the interest conveyed herein or in the vicinity khereofproves to be successful. Grantor recognizes and agrees that G,,rantor has been given the opportunity to
ask questions Grantor ri,ay desire of Grantee and that the responses thereto given by Grantee were satisfactory to Grantor. If any provisinn(s) of this contract shall be held to be' invalid or
uoenforceable for any reason, the remaining provisions shall remain valid.
10. PARTIES AGREEMENT TO MEDIATION AND/OR ARBITRATION: IN THE EVENT OF ANY DISPUTE (AS DEFINED ~EREIN BELOW) ARISING OUT OF OR
RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, THE PARITES FIRST AGREE TO PARTICIPATE IN'AT LEAST FOUR (4) HOURS OF MEDIATION IN
ACCORDANCE WITH THE COMMERCIAL MEDIATION RULES OF THE AMERICAN ARB1TRAIION ASSOCIATION, BEFORE HAVING RECOURSE TO ARBITRATION. If the
mediation procedure provided for herein does not resolve any suub dispute, the parties agree that all disputes between the pa,/es shall be resolved by binding arbitration administered by the
American Arbitration Association in.accordance with its conm~ercial arbin'ation rules and pursuant to the Federal Arbitra6on Act, 9 U.S.C. Sections 1-14. Judgment ugnn the award reodered by
the arbitrator may be entered in any Court having Jurisdiction. The term "disputes" s ia include, but is not limited to, all claims, demands and causes of action of any nature, whether in contract
or in tort, at law or in equity, or arising under or by virtue of any statute or regulation orjud c at reason, that are now recogmZed by law or that may be created or recognized in the future, for
resulting past, present and future personal injurins, contract damages, intentional nod/or malinious conduct, actual and/or constxuctive fi'aud, statutory and/or common law fi'aud, class action suit,
misrepresentatious of any kind a id/or character, liable, slander, negligence, gross negligence, and/or deceptive trade practices/consmner protection act damages, and for all other losses, dan.ages
and/or remedies of any kind m~d/or character, including without I m tat/on all actual dmnagns, exemplary and punitive damages, all attorneys' fees, all penalties of any kind, prejudgment interest
and costs of court by virtue of the matters alleged and/or matters arising between the parties. The award of the arbitrator issued pursuant hereto shall be final, binding and non-appealable.
EXEMPLARY & PUNITIVE DAMAGES: Parties hereby waive any rights to punitive or exemplaD' damages and the Arbitrator(s) will not have the authority to award exemplary or punitive
damages to either party. '
l 1. CItOICE OF VENUE: This contract is perfom~able iii Dallas County, Texas. Any and all clain',s ahsing out of Grantor's execution of this contract, shall be resolved in Dallas County,
Texas.
12. This instrument may be executed in multiple counterparts. Each counterpart is an original, and all counterparts tOgether'are one and the same instrument. This
instrument binds each person who executes it, regardless of whether any other person executes it. '~
13. TO HAVE AND TO HOLD the above-described property and rights, together with all and singular the rights and appurtenances thereto in any wise belonging,
unto said Grantee, and the Grantee's heirs, successors, administrators, executors and assigns forever, and the Grantor does hereby bind himself and his, herself and her,
itself and its, and/or themselves and their (as the case may be) heirs, successors, administrators, executors, and assigns to warrant and forever defend all and singular,
the said property and rights unto the said Grantee, and Grantee's heirs, successors, administrators, executors, and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. PLEASE ILEAD CAREFULLY OR SEEK LEGAL COUNSEL PRIOR TO
SIGNING. GRANTOR REPRESENTS AND WARRANTS THAT HE/SHE/IT HAS READ THE ENTIRE CONTRACT OR HAS
HAD IT READ TO HIM/HER/IT AND UNDERSTANDS AND AGREES TO THE TERMS OF THIS CONTRACT.
Witness file following signature~, this
SALLY TRr~ELL
S.S. # / TAX LD.#
,200"%
S.S. # / TAX I.D. #
WITNESS
THE STATE OF [ Otd-"9 ¢:~ )(
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COUNWOF 9c_
ACKNOWLEDGEMENT
BEFORE ME, the undersigned authority, on this day personally appeared SALLY TROXELL personally known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he/she, being informed of the contents of same, executed the foregoing instrument for the
purpose and consideration therein expressed and appeared to be of sound mind and tinder no fraud, duress or undue influence.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the c:~''/'~ dayof q-~~
'gffa e Here
Notary Public in and for the State of
A.D. 20. O"~
THE STATE OF )(
)( ACKNOWLEDGEMENT
COUNTY OF )(
BEFORE ME, the undersigned authority, on this day personally appeared
personally known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she, being informed of the contents of same,
executed the foregoing instrument for the purpose and consideration therein expressed and appeared to be of sound mind and under no fraud, duress or undue influence.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A.D. 20 _
My Commission Expires:
Notary Signature Here
Notary Public in and for the State 9f
(Notary seal here)
['his document prepared by, and
trier recording please return to:
;outhwest Petroleum Company
'.O. Box 702377
)allas, Texas 75370-2377
southwestpetroleum.com