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Home My WebLink About8973524'7'0 COUNTY OF LINCOLN ) DISTRIBUTION. CONVEYANCE 897352 RECEIVED LINCOLN COUNTY CLERK' FEBI9 t?'! 2:28 STATE OF WYOMING ) JEANNE THIS DISTRIBUTION CONVEYANCE between FRANK YATES, JR., S. P. YATES and B. W. HARPER Personal Representatives of the Estate of Lillie M. Yates, hereinafter referred to as "Assignor" and SHARBRO OIL LTD. CO., a New Mexico limited liability company, P.O. Box 840, Artesia, New Mexico 88210, hereinafter referred to as "Assignee": WHEREAS the Last Will and Testament of Lillie M. Yates was admitted to probate in CaUse No. 4842, Sixth Judicial District Court, Campbell County, Wyoming, and the Personal Representatives desire to convey all of the interests of the decedent in oil and gas interests in the State of Wyomipg as are more particularly described in Exhibit "A" attached hereto and made by reference a part hereof; and WHEREAS the devisees under the Last Will and Testament ("Devisees") of the decedent desire that their interests in said oil and gas interests be conveyed to Sharbro Oil Ltd. Co., a New Mexico limited liability company and hereby execute this Distribution Conveyance as evidence of their ratification and consent to the assignment of the properties described in Exhibit "A" attached hereto, to Assignee. WI TN E S S E TH: t. Assignor, in consideration of the premises contained herein, does hereby grant, bargain, sell, convey and assign, set over and deliver, effective January 1, 2004, at 7:00 a.m., unto Assignee and Assignee's successor and assigns, the following: a) All right, title and interest of Assignor in surface estates, oil, gas and other mineral interests, royalty interests, overriding royalties, production payments, and other interests payable out of production, oil and gas leases, operating rights, and all interests in realty of every other kind, in and under the lands described in Exhibit "A" attached hereto and made a part hereof; subject, however, to the restrictiOns, exceptions, reservations, conditions, limitations, existing royalties, overriding royalties, production payment interests, burdens on production and other matters in favor of third parties, heretofore created and validly shown of record; b) All of Assignors' right, title and interest in, to and under or derived from: i) All.of the presently existing and valid unitization agreements, communitization agreements, pooling agreements and unit operating agreements and the properties and interests credited thereby; ii) All of the presently existing and valid oil, casinghead gas and gas sales purchase agreements; and iii) All other contracts, agreements and instruments which relate to any of the properties and interests specifically described in Exhibit "A" (or properties unitized, communitized or pooled therewith) or to the production of oil, gas and other hydrocarbon substances from or attributable to said interests; c) Without limiting the foregoing, all of Assignor's and Devisees' right, title and interest (whether now owned or hereafter acquired by operation of law or otherwise) in and to the lands described in Exhibit "A" and in, to and under or derived from all interests in oil and gas leases (whether operating or nonoperating), oil, gas and other mineral interest, and surface estate, insofar as the same cover or relate to the lands described in Exhibit "A", even though said interests in any specific portion of said lands and said interests in oil and gas leases which are specifically described in Exhibit "A" be incorrectly described or referred to in Exhibit "A" or omitted from Exhibit "A" entirely. C:~Documents and Settmgs\Owncr~Vty Docmneats~LMY ESTATE~Distfibution ConveyanceWyoming.doc Lincoln County, Wyomh~g d) All personal property, improvements, easements, permits, licenses, servitudes and rights-of-way situated upon or used or useful or held for future use in connection with the exploration, development or operation of the interests described in Exhibit "A" or the production, treating, storing or transportation of oil, gas and other hydrocarbon substances, including, but not by way of limitation, wells, casing, tubing, derricks, pumps, flow lines, gas lines, water lines, salt water disposal facilities, tanks, separators, buildings, lines, machinery, equipment, roads and other lands unitized therewith or which are used in connection with hydrocarbon operations on the interests described in 1 a), b) and c) above, or lands unitized therewith. 2. For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Devisees ratify, adopt and convey to Assignee, its successors and assigns, all of their interest in t. a) through 1. d) above. 3. a) The assignments delivered hereunder are without warranty of title, either express or implied and ASSIGNOR EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS, EQUIPMENTS, CHATTELS, FIXTURES AND OTHER PERSONAL PROPERTY HEREBY ASSIGNED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ASSIGNEE AGREES TO ACCEPT ALL SUCH GOODS, EQUIPMENT, CHATTELS, FIXTURES AND OTHER PERSONAL PROPERTY "AS IS" AND IN THEIR PRESENT STATE AND CONDITION. b) Assignee and Devisees acknowledge that Assignor has not performed any environmental audits on the leases as to the lands described in Exhibit"A" and that Assignor has made no representations concerning the environmental quality of said leases. Assignor transfers said leases to Assignee "AS IS" and disclaims as to Assignee and Devisees all warranties, express or implied, concerning (i) the environmental quality and condition of said leases, surrounding property and ground water; (ii) the existence of any discharge of hazardous substances or other pollutants upon or from said leases which has caused or may cause environmental degradation; and (iii) the status of compliance of said leases with federal, state and local laws or regulations pertaining to health, safety or environmental protection. c) Assignee and Devisees hereby release and forever discharge Assignor, its heirs and successors, from all claims, damages, demands, actions for liability, indemnity or contribution which have arisen or which may arise from (i) any discharge or contaminants on the leases as to the lands described in Exhibit "A" which have caused or may cause environmental degradation of said leases, surrounding property or ground water; (ii) any obligation or liability which has been imposed or may be imposed under any provision of federal, state or local laWs pertaining to health, safety or environmental protection; (iii) any claims asserted by third .parties or any governmental agency against Assignee or Devisees which concern damages, liability, response degradation of said leases surrounding property or ground water; and (iv) any third-party claims against Assignee or Devisees for personal injury or property damage as a result of any environmental degradation of the leases as to the lands described in Exhibit "A", surrounding property or ground water. 4. With respect to oil and gas leases or interests therein, which are conveyed herein from the United States of America, or one or more state governments, separate assignments on approved forms may be executed by Assignor to the Assignee in sufficient counterparts to fulfill applicable statutory and regulatory requirements and said assignments, although unqualified in form and not specifically containing all of the terms and provisions hereof, shall nevertheless be deemed to contain all of the terms, provisions, remedies, power and privileges set forth in this conveyance as fully to all intents and purposes as though the same were set forth at length in such separate assignments. 5. Assignor shall execute and deliver all such other instruments, notices, division or transfer orders, releases, acquittances and documents, and will do all such other acts and things as may be necessary to more fully assure Assignee, its successors and assigns, of the respective rights, titles, interests, estates, remedies, powers and C:~)octunents and S¢ltings\OwncrkMy Documcnts~LMY ESTATEkDisl~bution CoavcyanceWyoming. doe Lincoln County, Wyoming privileges herein and hereby granted, bargained, sold, conveyed, assigned and delivered to Assignee hereunder. 6. Assignor makes no warranties of title, either express or implied, but this conveyance is made with full substitution and subrogation of the Assignee in and to all covenants and warranties heretofore given or made by others with respect to the interests conveyed herein or any part thereof. 7. All of the covenants and agreements of Assignor shall be deemed to be covenants running with the lands described herein and shall inure to the benefit of and be binding upon the respective heirs, successors and assigns of Assignor and Assignee. IN WITNESS WHEREOF, Assignor has caused this conveyance to be duly executed on this .~,~- day of ~ ~-~,~-,%.~-'~- ,2003, but effective January 1, 2004, at 7:00 a.m. Darin E. Yates /' "ASSIGNOR" ESTATE OF LILLIE M. YATES Fran~n~'Yates, Dr,,~orney-in-~t for S P Yates agdB. W. Harper, and individually, Personal Representatives of the Estate of Lillie M. Yates, Deceased. "DEVISEES" Sh~ri ~t~tes §mith -(// - -- -'-rD'' - "ASSIGNEE" SHARBRO OIL LTD. CO. STATE OF NEW MEXICO ) · SS. COUNTY OF EDDY ) This instrument was acknowledged before me this ~-~ day of J~-c~_-.~-~__ , 2003, by Frank Yates, Jr., Attorney-in-fact for S. P. Yates and B. W. Harper, and individually, Personal Representatives of the Estate.{-~f. Lillie M. Y~ltes, Deceased. Shah D. Hodges NOTARY PUBLIC-STATE OF NEW MEXICO STATE OF NEW MEXICO } : SS. COUNTY OF ~'~1~'-/' ) This instrument was acknowledged before me this ~ 5-~day of ~ , 2003, by Scott M. Yates, individually. ~~ "--~ota ry Public ' OFFICIAL SEAL Hannah Palomln NOTARY PUBLIC-STATE OF NEW MEXICO y 'c~ts~LMY E.STATEZDJstribution ConvcyanceWyo,rdng.doc Lincoln County, Wyoming 473 STATE OF NEW MEXICO ) · SS. COUNTY OF ~'DD~/ ) This instrument was acknowledged 2003, by Shari Yates Smith, individually. OFFICIAL SEAL Hannah Palomin NOTARY PUBLIC-STATE OF NEW MEXICO My ¢ommissio~ expi~.s:~ before me this -_.~15'r day /. ~otary Public of STATE OF NEW MEXICO ) : SS. COUNTY OF ~'bby ) This instrument was acknowledged before me this ~J~t'-_ day of 2003, by Darin E. Yates, individually· OFFICIAL SEAL Hannah Palomin NOTARY PUBLIC-STATE OF NEW MEXICO My ¢OfllllilS.~OP. eXpfi"~S: Notary Public STATE OF NEW MEXICO ) · SS. COUNTY OF EDDY ) This instrument was acknowledged before me this 2003, by Mexico limited liability company. OFFICIAL SEAL Sharl D. Hodges NOTARY PUBLIC_...~kTE OF NEW M]~IICO , Manager of Sharbro Oil Ltd. Co., a New Nota"ry Public C:XDocumcnts and Setfings\OwncrkMy Documents~LMY ESTATER)istr/bution ConvcyanccWyomingdoc Ltacoln County, Wyomiag Lincoln County, Wvombm.~ . 474 EXHIBIT "A" Attached to and made a part of that certain Distribution Conveyance from the Estate ofLillie M. Yates to Sharbro Oil Ltd., Co, with an effective dare'of Jan, uary 1, 2004 Estate Lease # Lease Name h~terest Owned & Conveyed Lease Date Expire Date Twp Rng Sec Description ....... Acres ....... Gross 400 10539 W-155502, YPC Owned&Conveyed- 6.40% 5/01/2002 4/30/2012 20N 120W 23 All 640.00 640.00 **** LEASE TOTALS: 640.00 640.00 400 10540 W-155503, YPC Owned & Conveyed - 6.40% 5/01/2002 4/30/2012 20N 120W 23 All 640.00 640.00 20N 120W 24 All 640.00 640.00 20N 120W 25 All 640.00 640.00 **** LEASE TOTALS: 1920.00 1920.00 400 7194 W-135832, YPC Owned & Conveyed - 1.50% 4/01/1995 3/31/2005 24N 112W 26 S/2NW/4, SW/4 240.00 240.00 **** LEASE TOTALS: 240.00 240.00 Without limiting the above, all of Assignor's right, title and interest (whether now owned or hereafter acquired by operation of contract, law or otherwise) in the lands described above, and in, to and under, or derived from, all interests in surface estates, fee mineral interests, royalty interests, overriding royalties, production payments, and other interests payable out of production, oil and gas leases, leasehold interests, operating rights, state and federal record title interests as may be shown in the office of the state, leasing state lands or the appropriate office of the Bureau of Land Management, owned by or acquired in the name of Assignor, in the County of Lincoln, Wyoming , even though Assignor's interest in any specific portion of any surface estate, oil, gas and other minerals, royalty, overriding royalty, production payment or other interest payable out of production, oil and gas lease, leasehold interest, operating right, or 'state and federal record title interest whether incorrectly described or referred to in the Exhibit "A" above or the description of such interest is omitted from Exhibit "A" in its entirety. 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