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Home My WebLink About895246 RECEIVED Ll~,~O0Ll"l COUf'I'fY CLERK 03 ~'!Otl 13 !-~ I0: 52- ,563 8952 t.,, G d E/--. '" ' DEE~(FD'- 4 ~ E R E R. V,! !' 0 MI l"q 6 DISTRIB UTION ASSIC_,NM;ENT AND MINERAL The Estate of Herbert E. Ware, Jr., Deceased ("Assignor"), acting herein by and through Herbert E. Ware, III and W. Brett Smith, h~dependent 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 rightl 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 com~ection 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 Assigmnent 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. 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 every person whomsoever lawfully claiming, or to claim the same, or any part thereof, by, through and under the Assignor, but not otherwise. 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 instrument shall be effective for all purposes as of 7:00 a.m., Midland, Texas time on October 1, 2003. WITNESS its hand this 3i day of ~~ , 2003. ASSIGNOR: ESTA'~f OF~ERBERT E. WARE, JR. DECEASED By:/~3~~-~ [erbert E. Ware, III, Independent Co-Executor BY~~o_~xecu~"~or ASSIGNEE: CAMP COLORADO INVESTMENTS, L.P. By: Camp Colorado General Partner, LLC, its m ll/a~gin~general panner Name: Pre-t't?~r-q- F:::::. X,/xdCtfe. _TF,,L Title: [V~Cc fq O Oe;- STATE OF TEXAS § § COUNTY OF MIDLAND § 565 This instrument was acknowledged before me on the~/~4- day of 2003 by HERBERT E. WARE, IH, Independent Co-Executor of the Estate of Herbert E. Ware, Jr., Deceased, in his capacity therein. Notaryt'Public in and for the State of Texas STATE OF TEXAS § COUNTY OF MIDLAND § ?d' This instrument.was acknowledged before me on the~ ay of (~C~~003 by W. BRETT SMITH, Independent Co-Executor of the EsCte-of-Herbert-B.&aZage, Jr., Deceased, in his capacity therein. ~_~ 11.--'?;./~:4..otawPublic, State of Xexos Il F' ~ ' . ~ -.____M_--- 1l~:.~gii~.."_j My Commission Expires l[ ~ ~ ~L_.,,",...-~..~~ ~ ~ 0 t'~---- , "'-,;.,.F~,,r'''.~''-:~,,* July 06, 2005 ' '~n~'~c '" - ii~ ......... . ,y~,f0,0,?.,~,~_ ~ ,, I1 Nota. Pubhcm n or the State ofTexas STATE OF TEXAS § COUNTY OF MIDLAND § This instrument was acknowled ed bef°re me on the~/g~Eda of&0-~'~ ,2003 ~aY~~~.n.6Ogt-ta! [~, [Dataxo'~g',~4t. ?~ Camp Colo%do ~enera---~ eartner-~-~ L--~Ci in his Ntf3a/ry Public in and for the State of Texas EXHIBIT A Estate of Herbert E. Ware, Jr. Oil and Gas Properties County Lease Name Location Lincoln Lincoln Lincoln Lincoln Lincoln Raptor Fed 10-17 Raptor 3-8 LP Raptor 1-17 HP Raptor 2-8 Raptor 20-8 CNW4 17, T-24-N, R- 111-W NENE 8, T-24-N, R-111-W SE NE 17, T-24-N, R-111-W SE SW 8, T-24-N, R-111-W C NE4 8, T-24-N, R-111-W -I:\PBOOKERkJMA\WARE\DistributionkLincoh~ County 102203 ~vpd