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Home My WebLink About894255 894255 ASSIGNMENT OF NET PROFITS INTEREST STATE OF (VARIOUS) § § COUNTY OF (VARIOUS) § RECEIVED LINCOLN COUNTY CLERK JEANNE WAGNER KNOW ALL MEN BY THESE PRESENTS: WHEREAS,' MERIT PARTNERS, a Delaware limited partnership, whose address 13727 Noel Road, Suite 500, Dallas, Texas 75240 ("Assignor"), and MERIT ENERGY PARTNERS A, L.P., a Delaware limited partnership, whose address 13727 Noel Road, Suite 500, Dallas, Texas 75240 ("Assignee"), are parties to that certain Net Profits Agreement dated June 24, 1994 (such Net Profits Agreement as it may be or have been amended from time to time, being referred to as the "Agreement"), such Agreement being on file at the offices of Assignee; and WHEREAS, pursuant to the Agreement, Assignor desires to assign to Assignee a Net Profits interest in and to certain oil and gas properties ("Net Profits" being defined in and calculated pursuant to the Agreement); NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor hereby GRANTS, BARGAINS, CONVEYS, SELLS, ASSIGNS, AND TRANSFERS unto Assignee as a Net Profits interest as a variable undivided percentage interest in and to the oil, gas and other minerals in and under and which may be produced from or allocable to the hereafter described properties as shall be required to cause Assignee to be entitled to receive an amount equal to: 1. 2.12766% of ninety-five percent (95%) of the Net Profits received by Assignor, if any, and attributable to the properties conveyed to Assignor by the Assignments dated as of July 1, 2001 and further described on Schedule 1 attached hereto (Eland); 2. NA% of ninety-five percent (95%) of the Net Profits received by Assignor, if any, and attributable to the properties conveyed to Assignor by the Assignment dated as of October 1, 2001, from FMI Weld LLC, recorded at Document #2915327, Records of Weld County, Colorado (FMI Weld - DJ) 3. NA% of ninety-five percent (95%) of the Net Profits received by Assignor, if any, and attributable to the properties conveyed to Assignor by the Assignments dated as of January 1, 2002, from Vintage Petroleum, Inc., recorded at Book 1392, Page 667, Records of Leflore County, Oklahoma Page 1 (Vintage); 4. NA% of ninety-five percent (95%) of the Net Profits received by Assignor, if any, and attributable to the propedies conveyed to Assignor by the Assignment dated 'as of December 1, 2001, from President and FelloWs of Harvard College, recorded at Volume 168, 682, Page 774 of the Records of Mitchell County, Texas (No. Coleman Ranch Al); 5. 1.0929% of ninety-five percent (95%) of the Net Profits received by Assignor, if any, and attributable to the properties conveyed to Assignor by the Assignments (i) dated as of January 1, 2002 from Marion V. Longwell Living Trust, recorded at Document #2930770 of the Records of Weld County, Colorado and (ii) dated as of January 1, 2002 from Journey's End, Inc. recorded at Document #2936690 of the Records of Weld County, Colorado (Southwestern Al);, 6. 2.12766% of ninety-five percent (95%) of the Net Profits received by Assignor, if any, and attributable to the properties conveyed to Assignor by the Assignment dated as of January 1, 2002 from Max M. Stettner Estate, recorded at Volume 401, Page 355 of the Records of Dawson County, Texas (Spraberry 7. 2.12766% 'of ninety-five percent (95%) of the Net Profits received by Assignor, if any, and attributable to the properties conveyed to Assignor by the Assignment dated January 4, 2002 from Lee Banks recorded at Volume 534, Page 477 of the Records of Seward County, Kansas (Benchmark Al); 8. NA% of ninety-five percent (95%) of the Net Profits received by Assignor, if any, and attributable to the properties conveyed to Assignor by the Assignment dated as of January 1, 2002 from Stone & W°lf, LLC, recorded in Book 1742 of Photos, Page 226, Records of Campbell County, Wyoming (SA Creek); 9. 1.0929% of ninety-five percent (95%) of the Net Profits received by Assignor, if any, and attributable to the properties conveyed to Assignor by the Assignment dated as of February 1, 2002 from Grace Golden, recorded at Document #2930769' of the Records of Weld County, Colorado (Southwestern Al); 10. 6.91558% of ninety-five percent (95%) of the Net Profits received by Assignor, if any, and attributable to the properties conveyed to Assignor by the Assignment dated as of January 1, 2002 from Cedyco Corporation and Christina Nicodemus, recorded at Book 1737 of Photos, Page 304, Records of Campbell County, Wyoming (Burlington Al); 11. 2.128% of ninety-five percent (95%) of the Net Profits received by MASTER-MEPA.DOC Page 2 Assignor, if any, and attributable to the propedies conveyed to Assignor by the Assignment dated as of February 1,2002 from CIG Field Services Company and Colorado Interstate Gas Company, recorded at Book 432, Page 595 of the Records of Kiowa County, Colorado (Fluke Gathering); 12. NA% of ninety-five percent (95%) of the Net Profits received by Assignor, if any, and attributable to the properties conveyed to Assignor by the Assignments dated as of March 1, 2002, from Wynn-Crosby 2000, Ltd., recorded at Volume 0566, Page 602, Records of Noble County, Oklahoma, and Volume 1653, Page 255, Records of Logan County, Oklahoma (S. Lucien); 13. 2.12766% of ninety-five percent (95%) of the Net Profits received by Assignor, if any, and attributable to the properties conveyed to Assignor by the Assignment dated as of April 1, 2002, from Leroy Berland and Norma Jean Berland, recorded in Book 320, Page 311, of the Records of Rooks County, Kansas (Bird); 14. 1.0929% of ninety-five percent (95%) of the Net' Profits reCeived by Assignor, if any, and attributable to the properties conveyed to Assignor by the Assignment dated as of August 1, 2001, from John D. Longwell, recorded at Document #2941300 of the Records of Weld County, Colorado; 15. 2.12766% of ninety-five percent (95%) of the Net Profits received by Assignor, if any, and attributable to the properties conveyed to Assignor by the Assignments dated as of January 1, 2002 from James D. Webb, recorded at Volume 126, Page 3'7 of the Records of Martin County, Texas, and Volume 401, Page 773 of the Records of Dawson County, Texas (Spraberry Al); 16. 2,12766% of ninety-five percent (95%) of the Net Profits received by Assignor, if any, and attributable to the properties conveyed to Assignor by the Assignments dated as of May 1, 2002 from Joe Cox, recorded at Volume 126, Page 745 of the Records of Martin County, Texas, and Volume 402, Page 64 of the Records of Dawson County, Texas (Spraberry Al); 17. NA% of ninety-five percent (95%) of the Net Profits received by Assignor, if any, and attributable to the properties conveyed to Assignor by the Assignments described in Schedule 2 attached hereto (Devon); 18. NA% of ninety-five percent (95%) of the Net Profits received by Assignor (reduced by that certain assignment dated July 2, 2002 between Assignor and Merit Energy Partners D-Ill, L.P., recorded in the records of Weld County at Document #2988267), if any, and attributable to the properties conveyed to Assignor by the Assignment dated as of May 1, 2002, from Matrix Energy, LLC, et al, recorded at Document #2967870, Records of Weld County, Colorado (Matrix); Poge 3 MASTER-M E PA. DOC O60 Assignor assigns the interest assigned herein, among other purposes, to vest said interest in Assignee of record. The terms and provisions hereof shall inure o the benefit of and shall be binding upon Assignor, Assignee and their respective successors and assigns. TO HAVE AND TO HOLD, the above described Net Profits interests assigned hereby, together with all and singular the rights and appurtenances thereto in any wise belonging unto Assignee and to Assignee's successors and assigns forever; Assignor does hereby bind itself, its successors and assigns, forever to specially warrant and forever defend all and singular title to the properties assigned pursuant hereto, and to the above described Net Profits interest, unto Assignee and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Assignor, but not otherwise. Assignor further gives and grants unto Assignee full power and right of substitution and subrogation in and to all covenants and warranties of title by others heretofore given or made in respect of the properties assigned pursuant hereto. Counterparts of this Assignment of Net Profits Interests may for convenience be filed in each individual county with only those schedules and exhibits attached that describe the interests located in the county or state where such counterpart .is recorded. In lieu of this paragraph such counterparts shall contain the following language: "This Assignment of Net Profits Interests is part of that certain master Assignment of Net Profits Interests dated as of 7:00 a.m., C.S,T., July 2, 2002, from Assignor to Assignee, such Assignment being located at the offices of Assignee at 13727 Noel Road, Suite 500, Dallas, Texas 75240." IN WITNESS HEREOF, the undersigned have executed this instrument on the date of the acknowledgments annexed hereto, but to be effective for all purposes from and after 7:01 a.m., C.S.T., the 2nd day of July, 2002. ASSIGNOR: MERIT PARTNERS, L.P. By: MERIT ENERGY COMPANY, General Partner By: C~Scot{ Gladden, Attorney-in-Fact MASTER-MEPA.DOC Page 4 STATE OF TEXAS COUNTY OF DALLAs § This instrument was acknowledged before me on th~day of September, 2003, by C. Scott Gladden, Attorney-in-Fact of Merit Energy Company, a Delaware corporation, on behalf of said corporation in its capacity as General Partner of Merit Partners, L.P., a Delaware limited partnership. ~ '...'~i~ ................................ .......'". ~ ~7,~,,'g STEPHANiE LO ~ ~.~[~'~. '= Notary Public, Stat~ of Texas ~ ~.~':....J~....:~-~ My Commission Expires 10-08-04 Step'h~nie Lott NOtary Public, State of Texas My Commission Expires: MASTER-MEPA.DOC Page 5 SCHEDULE 1 KANSAS ASSIGNMENTS Recording Data Assi.qnor Counh/State Vol. P.q. Eland Energy, Inc/Sundown Energy, Inc. Badon Co., KS 597 691 Eland Energy, Inc/Sundown Energy, Inc. Ellis Co., KS 519 138 Eland EnergZ IndSundown Energy, Inc. Finney Co., KS 242 835 Eland Energy, IndSundown Energy, Inc.Graham Co., KS 199 947 Eland Energy, IndSundown Energy, Inc.Harper Co., KS 795 87 Eland Energy, IndSundown Energy, Inc.Kingman Co., KS 0-8 63 Eland Energy, IndSundown Energy, Inc.K~owa CO., KS 32 258 Eland Energy, IndSundown Energy, Inc.Rooks CO., KS 317 59 Eland Energy, IndSundown Energy, Inc.Stafford CO., KS 161 501 SCHEDULE 2 LOUISIANA ASSIGNMENTS Recording Data Assignor County/State Vol. Pg. Devon SFS Operating, Inc./Devon Energy Cameron Psh, LA Bk 953 Production Company, L..P. Doc #276841 Devon SFS Operating, Inc./Devon Energy Concordia Psh, LA 397322 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Ibeda Psh, LA 1246 10470, Production Company, L..P. 10471 Devon SFS Operating, Inc./Devon Energy Jefferson Psh, LA 13857 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Plaquemines, LA 1028 617 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy St. Mary Psh, LA 45-F 629 Production Company, .L..P, .. DevOn SFS Operating, Inc./Devon Energy Tensas Psh, LA 87 839 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Terrebonne Psh, LA Bk 1785 Production Company, L..P. Doc #1125960 Devon SFS Operating, Inc./Devon Energy Vermillion Psh, LA Doc #20209324 Production Company, L..P. SCHEDULE 2 MISSISSIPPI ASSIGNMENTS Recordin.q Data Assignor, Count/State yol. Pg. Devon SFS Operating, Inc./Devon Energy Jefferson Co., MS 108 568 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Lowndes Co., MS 2002 5928 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Monroe Co., MS 196 394 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Rankin Co., MS 1196 39 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Wayne Co., MS 1042 696 Production Company, L.P. Devon SFS Operating, Inc./Devon Energy Yazoo Co., MS 289 0187 Production Company, L..P. SCHEDULE 2 NEW MEXICO ASSIGNMENTS Recording Data Assignor County/State Vol. Pg. Devon SFS Operating, Inc./Devon Energy Eddy Co., NM 464 550 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Lea Co., NM 1158 576. Production Company, L..P. 066 SCHEDULE 2 NORTH DAKOTA ASSIGNMENTS Recordinq Data Assignor County/State Vol.Pg. Devon SFS Operating, Inc./Devon Energy McKenzie Co., ND Doc #342706 Production Company, L..P. 067 SCHEDULE 2 OKLAHOMA ASSIGNMENTS Recording Data Assignor County/State Vol. Pg. Devon SFS Operating, Inc./Devon Energy Beaver Co., OK 1085 56 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Beckham Co., OK 1746 342 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Blaine Co., OK 851 151 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Canadian Co., OK 2602 787 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Ellis Co., OK 668 436-64 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Grady Co., OK 3396 156 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Harper Co., OK 575 292 Production Company, L..P. Devon SFS Operating, IncJDevon Energy Roger Mills Co., OK 1684 197 Production Company, L..P. SCHEDULE 2 TEXAS ASSIGNMENTS Recording Data Assiqn°r County/State ~/ol. Pg. Devon SFS Operating, Inc./Devon Energy Andrews Co., TX 788 798 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Brazos Co., TX 4959 154 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Chambers Co., TX 572 312 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Cochran Co., TX 253 932 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Crane Co., TX 438 544 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Crockett Co., TX 612 355 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Ector Co., TX 1673 0143 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Edwards Co., TX 202 185 Production Company, L..P. Devon SFS Operal:ing, Inc./Devon Energy Gaines Co., TX 751 495 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Garza Co., TX 260 899 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Glasscock Co., TX 63 101 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Hockley Co., TX 697 250 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Irion Co., TX 146 175 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Lipscomb Co., TX 405 180 Production Company, L.P. Devon SFS Operating, Inc./DeVon Energy Lubbock Co., TX 7754 i4 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Martin Co., TX 127 636 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Matagorda Co., TX Doc # 027668 Production Company, :L..P. Devon SFS Operating, Inc./Devon Energy Midland Co., TX 2014 719 Production Company, L.P. Recording Data Assignor County/State Vol. .Pg. Devon SFS Operating, Inc./Devon Energy Ochiltree Co., TX 605 586 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Pecos Co., TX 736 657 Production Company, L.,P. Devon SFS Operating, Inc./Devon Energy Reagan Co., TX 45 405 Production Company, L..P., Devon SFS Operating, Inc./Devon Energy Robeds Co., TX 151 125 Production Company, L:.P. Devon SFS Operating, Inc./Devon Energy Schleicher Co., TX 431 132 Production Company, L.:P. Devon SFS Operating, Inc./Devon Energy Sutton Co., TX 319 247 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy . Tern/Co, TX 678 445 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Upton Co., TX 720 477 ProduCtion Company, L..P. Devon SFS Operating, Inc./Devon Energy Victoria Co., TX Doc #200210093 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Zapata Co., TX Bk 673, Pg 063 Production Company, L..P. Doc #126436 070 SCHEDULE 2 WYOMING ASSIGNMENTS Recording Data Assignor County/State Vol. Pg. Devon SFS Operating, Inc./Devon Energy Campbell Co., WY 1772 686 Production Company, L..P. Devon SFS Operating,' Inc./Devon Energy Converse Co., WY 1201 0049 Production Company, L.P. Devon SFS Operating, Inc./Devon Energy Lincoln Co., WY 494 701 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Swee[water Co., WY 957 1582 Production Company, L..P. Devon SFS Operating, Inc./Devon Energy Uinta Co., WY 1042 696 Production Company, L..P.