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HomeMy WebLinkAbout901164BOOK 562,, i'"",' RECEIVED · LINOOLN COtJNTY CLERK 90116l MEMORANDUM OF EXPLORATION AND DEVELOPMENT AGREEMENT (DARBY THRUST) Palace Exploration Company ("Palace"), an Oklahoma corporation, whose address is 1202 East 33ra Street, Suite 100, Tulsa, Oklahoma 74105, Zinke & Trumbo, Inc. ("Zinke"), an Oklahoma corporation, whose address is 1202 East 33rd Street, Suite 100, Tulsa, Oklahoma 74105, Nevada Petroleum Corporation ("Nevada"), a Nevada corporation, whose address is 7720 East Belleview, Suite #B-102, Greenwood Village, Colorado 80111, Condor Exploration, LLC ("Condor"), a Nevada linfited liability company, whose address is 7720 East Belleview, Suite #B-102, Greenwood Village, Colorado 80111 and Horsetrap Partners, LLC, ("Horsetrap"), a Wyoming limited liability company whose address is 7720 East Belleview, Suite #B-102, Greenwood Village, Colorado 80111, have entered into an Exploration and Development Agreement (Darby Thrust), effective September 24, 2003 (the "Darby Thrust EDA"). The lands and leases subject to the Darby Thrust EDA are described in Exhibit B to this Memorandum ("Subject Lands"), which is hereby incorporated by reference. The Darby Thrust EDA provides, among other things, that Condor, Nevada, and Horsetrap shall convey and Condor, Nevada and Horsetrap hereby agree to convey to Palace a contractually determined working interest in all the Subject Lands upon the completion of a drilling program set forth in the Darby Thrust EDA. The Darby Thrust EDA terminates five yeats from the effective date of the Darby Thrust EDA. The Darby Thrust EDA also creates an option on behalf of Palace and Condor, Nevada and Horsetrap hereby convey to Palace an option to purchase certain facilities and a pipeline further described on Exhibit B to this Memorandum, which is hereby incorporated by reference. The Darby Thrust EDA creates an Area of Mutual Interest among Palace, Nevada, Condor and Horsetrap in the area set forth on Exhibit A to 1 his Memorandum. In the event of any conflict between the terms of the Darby Thrust EDA and this Memorandum, the terms of the Darby Thrust EDA shall govern. This Memorandum is binding upon and inures to the benefit of the parties hereto and to their respective heirs, devisees, legal representatives, successors and assigns. MemooIEDA Palace Memorandtm~ 6-23434 · 6£23/04 11:52 AM This Memorandum may be executed in any number of counterparts, and by different parties in separate counterparts, each of which shall be deemed to be an original instrument, but all of which together shall constitute but one instrument. For purposes of recording in the real property records of Lincoln and Uintah Counties, Wyoming, and Summit County, Utah only one copy of this Memorandum with individual signature pages attached needs to be recorded. · Executed on the dates set forth in the acknowledgment for each party, but effective September 24, 2003. PA~TION CONDOR EXPLORATION, LLC cOMPANY I. NC. NEVADA PETROLEUM CORPORATION HORSETRAP PARTNERS, LLC STATE OF OKLAHOMA COUNTY OF TULSA ) ) SS: ) The foregoing instrument was acknowledged before me by Robert M. Zinke, Vice President,f PALACE EXPLORATION COMPANY, an Oklahoma corporation, this ~ day of ~J0~,t.~ ,2004. , Witness my hand and official seal. My commission expires ~Notary Public Oklahoma~ /' x-',-~:4 .'_-""~ OFFICIAL SEAL I PUBLIC I JACQUEZEHREN I ~_.,~o%, ) TULSA COUNTY I ',~q,_~'""= _"~,../COMMISSION #: 040017701 Notary~Public/ - (SEAL) This Memorandum may be executed in any number of counterparts, and by different parties in separate counterparts, each of which shall be deemed to be an original instrument, but all of which together shall constitute but one instrument. For purposes of recording in the real property records of Lincoln and Uintah Counties, Wyoming, and Summit County, Utah only one copy of this Memorandum with individual signature pages attached needs to be recorded. Executed on the dates set forth in the ackmowledgment for each party, but effective September 24, 2003. PA~RATION COMPANY C~0RATION, LLC '~O~OR1 / ~ /'; / ,~TR~,.PAI~TNERS, LLC Z~, INC. NEVADA PETROLEUM CORPORATION STATE OF OKLAHOMA COUNTY OF TULSA ss'. The foregoing instrument was ac ~knowledged before me by Robert M. Zinke, Vic~' President o£ ~,ALACE EXPLORATION COMPANY, an Oklahoma corporation, this day of ,~r'r-..]dkm..~ , 2004. Witness my hand and official seal. My commission expires I,/~'~'~ Nota~ Public Oklahoma / ~'~.-.'_~'~ OFFICIAL SEAL I Pu~uc I JACQUEZEHREN ~ ~.,,L~,..~o.. ] TULSA COUNTY COMMISSION #' 04001770 Notary Public - ' ' (SEAL) This Memorandum may be executed in any number of counterparts, and by different parties in separate counterparts, each of which shall be deemed to be an original instrument, but all of which together shall constitute but one instrument. For proposes of recording in the real property records of Lincoln and Uintah Counties, Wyoming, and Summit County, Utah only one copy of this Memorandum with individual signature pages attached needs to be recorded Executed on the dates set forth in the acknowledgment for each party, but effective September 24, 2003. RATION COMPANY OR EXPLORATION, LLC HORSETRAP PARTNERS, LLC 0, INC. NEVADA PETROLEUM COR~r6~A TION STATE OF OKLAHOMA COUNTY OF TULSA The foregoing instrument was acknowledged before me by Robert M. Zinke, Vice President ~)fPALACE EXPLORATION COMPANY, an Oklahoma corporation, this ~ day of ~)~j vx~L ,2004. Witness my hand and official seal. My commission expires ~Notarv Public Oklahoma' /f~_~:_'<.".'~"~ O[:FICIAL SEAL [ PUBLIL; I JACQUE ZEHREN ~, .L~o[ofi J TULSA COUNTY ~5),.._'~ .... ~'.w,..-/COMMISSION #: 04001770 Notary Put'lc (SEA ) -2- STATE OF (q C)[ CbC-Ok ~ t_'T) ) ) SS: COUNTY OF ~XX'-'_Cjt ~ (2¢~ ) ~ J l )~ ochThe foregoing0~. [CcF~Cl~---~instrument was acknowledged befose me by of CONDOR EXPLORATION, L'LC, a company, this c~ )-J- day of , )Ct U~, ,2004. Witness my hand and official seal. My commission expires I~y Conmssk)n Expires F~, ~, l~t STATE OF COUNTY OF Notary Public (SEAL) ) SS' ) The foregoing instrument was acknowledged before me by , of HORSETRAP PARTNERS, LLC, a company, this ,2004. day of Witness my hand and ^cc.~;=~ My commission expires Notary Public (SEAL) STATE OF COUNTY OF ) ) SS: ) .... o-.I-0 The foregoing instmmem was acknowledged betbre me by of CONDOR EXPLORATION, LLC, a company, this day of ,2004. Witness my hand and official seal. My commission expires Notary Public (SEAL) STATE OF ~/e~*'~ ) ) cOUNTY OF 0 t~dqr,~- ) J SS: The foregoing instrument was acknowledged before me by PARTNERS, LLC, a ~ 2004. Witness my hand and official seal. My commission expires o f HORSETRAP company, this 23~"t day of Not~y Public (SEAL) ~r'~'~ RYAN OLSEN ~[~)~ NOTARY PUBLIC - OREGON ~,.~,/~/ COMMISSION NO. 367065 ~. I~¥ COI~MISSIOPI EXPm(S aA,C, !7:2007 -4- STATE OF OKLAHOMA COUNTY OF TULSA ) ) SS: ) The foregoing instrument was acknowledged before me by Robert M. Zinke, President of _~~& TRUMBO, ~C., an Oklahoma corporation, this ~1~ dayof ,2004. Witness my hand and official seal. My commission expires I~Nota~' Public' Oklahoma ~ / ~,~.<..'ff ~ OFFICIAL SEAL I ( ~U'~L,U I JACQUEZEHREN I \ "[T~°fi J TULSA COUNTY J k4~)~""-~'~,./COMMISSION #: 04001770 [ N°t~ry public (SEAL) STATE OF OREGON COUNTY OF Deschutes ) ) ) SS: The foregoing instrument was acknowledged before me by Patrick M. GiSler , Agent of NE VAD,A~,ETROLEUM CORPORATION, a Nevada corporation, this o25- day of ,../~,~ o.~ ,2004. Witness 'my hand and official seal. My commission expires -3- ~45 . 050 - 0 o , ,,...- ,,:, 5 9