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RECEIVED
LIN00L. N COU~',ITY CLERK
CWEL.LBQRE ASSIGNMENT
THIS WELLBORE ASSIGNMENT (the "Assignment"), dated effective 12:01 a.m.
March 25, 2004 (the "Effective Time"), is from BP America Production Company, a Delaware
corporation, whose mailing address is P.O. Box 3092, Houston, Texas 77253-3092
("Assignor") to ECG Resources, Inc., a Delaware corporation, whose address ~s
600 Seventeenth Street, Suite 1100N, Denver, Colorado 80202 ("Assignee").
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Assignor hereby sells, assigns, transfers, grants, bargains, and conveys to
Assignee the real and personal property interests described below, .located in Lincoln County,
Wyoming (the "Wellbore Interests"):
1. Seventy percent (70.00%) of Assignor's right, title and interest in and to the
wellbore for the Whiskey Buttes Unit 207-03E Well, and all associated equipment and personal
properly, located in the SE/4SE/4 of Section3, T21N, R112W, 6thp. M., Lincoln County,
Wyoming, at a surface location 550 feet from the south line, and 703 feet from the east line of
said Section 3 (the "Wellbore"), together with such interest inthe oil and gas leases described
on ExhibitA hereto (the "Leases"), insofar and only insofar as the Leases cover the lands
described on Exhibit A (the "Lands") from the surface of the earth to 11,530 feet, the total depth
drilled in the Whiskey Buttes Unit 207-03E Well (the "Assigned Depths"), as is necessary to
vest in Assignee ownership of 70.00% of Assignor's right, title and interest in the Wellbore and
the production therefrom, limited to the Assigned Depths.
2. Rights in and to all existing and effeCtive unitization, pooling and communitization
agreements, and other contracts, agreements and instruments to the extent only that they relate
to or affect the Wellbore Interests.
3. Concurrent rights of ingress and egress to the Lands, and in and to surface use
agreements, rights-of-way, easements, surface leases and other surface rights held by Assignor
in connection with ownership or operation of the Leases and Lands.
~ TO HAVE AND TO HOLD the Wellbore Interests unto Assignee and its successors and
assigns forever.
This Assignment is made and accepted expressly subject to the following terms and
conditions:
A. THIS ASSIGNMENT IS MADE WITHOUT WARRANTY OF ANY KIND,
EXPRESS, IMPLIED OR STATUTORY EXCEPT THAT ASSIGNOR WARRANTS THAT TITLE
TO THE WELLBORE INTERESTS IS FREE AND CLEAR OF ANY LIENS AND
ENCUMBRANCES CREATED BY, THROUGH OR UNDER ASSIGNOR WITH THE
EXCEPTION OF ROYALTY, OVERRIDING ROYALTY AND OTHER BURDENS ON
PRODUCTION OF RECORD ON JULY 31, 2003.
Whiskey Buttes Unit 207-03E
BP Moxa Project
L-600228
69
B. This Assignment is subject to the terms and provisions of the BP-EOG Moxa
Arch Farmout Agreement dated July 31, 2003, between Assignor and Assignee (the "Farmout
Agreement"). If there is a conflict between the terms of this Assignment and the Farmout
Agreement, the terms of the Farmout Agreement shall control and not be deemed to have
merged into the terms of this Assignment.
C. This Assignment is subject to the terms, provisions and covenants of the Leases,
all Lease burdens of record on July 31 2003, all existing and effective pooling, communitization
and unitization agreements and all other contracts, agreements and instruments related to the
Wellbore Interests to the extent the same are of record on July 31, 2003 or identified in the
Farmout Agreement.
D. Assignee agrees to perform all obligations, express or implied, of Assignor under
the Leases insofar as such obligations are applicable to the Wellbore Interests.
E. To the extent permitted by law, Assignee shall be subrogated to Assignor's
rights, to the extent of the Wellbore Interests in and to representations, warranties and
covenants given with respect to the Leases. Assignor grants and transfers to Assignee, its
successors and assigns, to the extent so transferable and permitted by law, the benefit of and
the right to enforce the covenants, representations and warranties, if any, which Assignor is
entitled to enforce with respect to the Leases, but only tothe extent not enforced by Assignor.
F. The references herein to liens, encumbrances, burdens, defects and other
matters shall not be deemed to ratify or create any rights in third parties or merge with, modify
or limit the rights of Assignor or Assignee as between themselves, as set forth in the Farmout
Agreement.
G. Unless provided otherwise, all recording references in Exhibit A hereto are to the
officia real property records of the county in which the Lands are located.
H. This Assignment binds and inures to the benefit of Assignor and Assignee and
their respective successors and assigns.
I. This Assignment may be executed in counterparts, each of which shall be
deemed to be an original instrument, but all-of which together shall constitute but one
instrument.
EXECUTED on the dates contained in the ackriowledgments of this Assignment, to be
effective for all purposes as of the Effective Time.
ASSIGNOR:
BP AMERICA PRODUCTION COMPANY~ ,
Jea(n?~e Hailer Piskurich
Attorney in Fact
Whiskey Buttes Unit 207-03E
BP Moxa Project
L-600228
~98
0~009~ -
ASSIGNEE:
EOG RESOURCES. INC.
.J. Michael ~chv~een ~_
Agent a n d' Att o rn e y/l"n - FaZct
Acknowledqements
STATE OF TEXAS )
) SS.
COUNTY OF HARRIS )
The foregoing instrument was acknowledged before me this \~"-~day of May, 2004 by
Jeanine Hailer Piskurich as Attorney in Fact for BP America Production Company, a Delaware
corporation.
Witness my hand and official seal.
STATE OF COLORADO )
) SS.
CITY AND COUNTY OF DENVER)
2004 by J. Michael Schween, as Agent and Attorney inFaCt -E~ Resources, INS., a'
Delaware corporation.
Witness my hand and official seal.
cor m'ss .m m. !
.~.~c,~.. ~...~9L;,; ~
_~'L+.'.'." ".
Whiskey Buttes Unit ~07-03E
BP Moxa Project
L-600228
!
EXHIBIT "A"
ATTACHED TO AND MADE A PART OF THAT CERTAIN WELLBORE ASSIGNMENT
BY AND BETWEEN
BP AMERICA PRODUCTION COMPANY, AS ASSIGNOR AND
EOG RESOURCES, INC., AS ASSIGNEE
"LANDS"
The Frontier Formation Participating Area "AB" under that certain Whiskey Buttes Unit
Agreement and Unit Operating Agreement (WYW-109754X) dated December 12, 1973,
described as:
Township 21 North, Range 112 West
Section 1: SW/4NE/4, NWl4, S/2
Section 2: All
Section 3: All
Section 4: SE/4NE/4, SE/4, SE/4SW/4
Section 8: SE/4NE/4, SE/4, SE/4SW/4
Section 9: All
Section 10: All
Section 11: All
Section 12: All
Section 13: All
Section 14: All
Section 15: All
Section 16: All
Section 17: All
Section 18: SE/4/NE/4, E/2SE/4
Section 19:E/2E/2
Section 20: All
Section 21: All
Section 22: Al
Section 23: All
· Section 24: All
Section 25: All
Section 26: All
Section 27: All
Section 28: All
Section 29: All
Section 32: All
Section 33: All
Section 34: N/2NE/4, NW/4, NW/4SW/4
Section 35: N/2, SE/4, NE/4SW/4
Section 36: All
Township 2
Section 6:
Section 7:
1 North, Range 111 West
S/2SW/4
SE/4NE/4, W/2NE/4, NWl4 S/2
Whiskey Buttes Unit 207-03E
BP Moxa Project
L-600228
EXH[B[Y "A"
AYYACHED YO AND MADE A PARY O[ YHAY CERYA[N WEttBORE A$S[GNMENY
BY AND BEYWEEN
BP AMERICA PRODUCY[ON COMPANY, AS ASSIGNOR AND
LOG RESOURCES,. [NC., AS ASSIGNEE
Township 20 North, Range 112 West
Section 1:N/2NW/4
Section 2: N/2NE/4, NE/4NW/4
Township 20 North, Range 111 West
Section 4:NE/4NW/4
Lincoln and Sweetwater Counties, Wyoming
"LEASE"
BP Lease Number:
Lessor:
Lessee:
Lease Date:
Recording Data:
Description of Lands:
L-600228
Champlin Petroleum Company
Amoco Production Company
June 10, 1975
Book 119PR, Page 452, #468058
TOWNSHIP 21 NORTH, RANGE 112 WEST
Section 3:SE/4
Containing 160.00 acres, more or less
Lincoln County, Wyoming
Whiskey Buttes Unit 207-03E
BP Moxa Project
L-600228