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HomeMy WebLinkAbout20140550.tiff DANCE KEEP THIS COPY energy NADOA Model Form Division Order(Adopted 9/95) DIVISION ORDER CCW To: SUNDANCE ENERGY Date: May 8,2013 Division Order Department 633 17TH ST STE 1950 DENVER CO 80202 Effective Date: 1/1/2013 Property Number: CO1146 Property Name: MILLER 43-17J(JSND) Operator: SUNDANCE ENERGY Ani 05-P 3 - ãi5 Spacing Acres: 320 County and State: WELD COUNTY,CO Property Description: 2N 67W SEC 17 S2 Production: Oil Gas X Both Other Owner Name WELD COUNTY COLORADO OWNER NUMBER: 2453 and Address: PO BOX 758 Type of Interest: RI GREELEY, CO 80632 Decimal Interest: 1.9e-006 Paycode: M The undersigned certifies the ownership of the decimal interest in production or proceeds as described above payable by Sundance Energy(Payor). Payor shall be notified, in writing, of any change in ownership, decimal interest, or payment address. All such changes shall be effective the first day of the month following receipt of such notice. Payor is authorized to withhold payment pending resolution of a title dispute or adverse claim asserted regarding the interest in production claimed herein by the undersigned. The undersigned agrees to indemnify and reimburse Payor any amount attributable to an interest to which the undersigned is not entitled. Payor may accrue proceeds until the total amount equals One Hundred dollars ($100.00), or pay annually, whichever occurs first, or as required by applicable state statute. This Division Order does not amend any lease or operating agreement between the undersigned and the lessee or operator or any other contracts for the purchase of oil or gas. In addition to the terms and conditions of this Division Order,the undersigned and Payor may have certain statutory rights under the laws of the state in which the property is located. Special Clauses: Owner(s)Signature(s): x _ . .. !� . If t ..:. oug x Dls Rademacher, Ch r s L CGS' Owner Tax I.D./SS Number: 84-6000-813 ,�'�;t ..a 'J test: deAtiti Address: ,` rk o'-the Board • Owner Daytime Telephone#: 970-336-72O4 611 ty Clerk o the Board 1 hiih Owner FAX Telephone#: 970-396-7233 ' ; ;,, _ 2014-0550 Owner Email Address : drademacher@weidgov.com r ,,..ANO' Please check here if the above address is a new address. � Dd L/LL Federal Law requires you to furnish your Social Security or Taxpayer Identification Number. Failure to comply will result in 28%tax withholding and will not be refitndable by Payor. likY U Q A h E EP THIS ` /' i� energy INSTRUCTIONS TO ALL INTEREST OWNERS Dear Interest Owner, Enclosed is a Division Order for your execution. The attached document should not be altered in any way, except to correct spelling errors, unless accompanied by documentary evidence to support the change. If your name and interest are correctly shown: 1. Sign your name as shown on the Division Order. 2. If your name has changed due to marriage or divorce, execute the Division Order using your present name and furnish a copy of the marriage certificate or divorce decree. 3. If signing for a corporation, signature must be attested, corporate seal fixed and title of signatory party reflected. 4. If signed by agent, attorney-in-fact, guardian or any party other than the named interest owner, a certified copy of the power of attorney or other evidence of such party's right to sign must be furnished. 5. Please review the mailing address to insure prompt receipt of production proceeds. 6. Return one executed copy of the Division Order in the enclosed envelope to: Sundance Energy Attn:Tracy Stahl 633 17th St Ste 1950 Denver CO 80202 7. Should you have any further questions regarding the enclosed Division Order, please contact Sundance Energy at(720) 708-6002. 1 can also be reached at tstahl@sundanceenergy.net. 8. Please DO NOT DETACH the exhibit from the Division Order or Transfer Order if one is included. Please initial the attached exhibit as indicated. Paycodes Sincerely, A Always pay Sundance Energy M Minimum pay Division Order Department MC Manual check 633 17th St Ste 1950 S General suspense Denver CO 80202 S1 Legal suspense S2 Title issue suspense S3 Deceased owner suspense S4 Missing address suspense 72Ard SUNDANCE D A C E energy I. -< r uiiNiii j�niii I tiEl Holloway ,n Hailoway,Inc. Well Location Certificate 3542 W,C OTrail 0634 Road Sec. 17 T2N R67W 6th P.M. N Greeley,CO 80634 016 9 87 (970)867-3715 (970)330-5258 • Al Date of field survey 10- 12-2006 Completed Scaled Drawing 10-1&-2005 • T--1 E} cor. 24"Post with Brass Cap I LS 2149 1 9I MISMi • e 500 1,aoo CL coalridge d;tch 355'NE of loc)*., wellhead 1071&b o m 3-586'—.4 e Latitude of loc. N40°08'10.9" NW of loc. N e Longitude of loc. W104°54'23.7" Gr. Elev. 4561' measured from Latitude & Longitude lines on USGS Gowanda topog. grassland 8 y, 0 ▪ 0 o m • 4 t o m r$ . .4 01 04 ' SC cor. 24"AC SE cor. 2+"AC LS 33636 S89°W 2630' I ® LS 2730 Legend 0=monument found Scale. . .1"=1000' Basis of elev. o-proposed well from USGS topog map at SE cor. In accordance with a re uest from 88 4 Peterson Energy Managament2Inc. The Undersigned has Miller 43-173 well Determined the location of the To be 1948'FSL & 586'FEL at right angles as co-ordinates Section 17 Township 2N Range 67W of the 6'h principal Meridian Weld County,Colorado Iherebyeertify, Peterson Energy Management Inc. • That this oil andfor gas well location certificate was prepared for That i is not a land survey plat or improvement survey pint and that it is not to be relied upon for the Establishment offence,building or other future Improvement lines Date 10-13-2005 Billy G. Holloway Holloway&Holloway,Inc. ' III My Map T17N R67W Sec 17 ;4 'fix .- �T' �€ y �.i`,�`a47:!---1--7-Ills- s< �.e[:>i , r , rr,„ I 16'�L._ psY .v� �•xec . ,� a x -1u` 3 z . �z j(„4P i` l J e . '4' I} \ 2 it:41 -rt y 'Y._ z -^� t MI/ 1511.2 t-i ;r 'I ii 10. ' ':1S + qr `* `rr( I , ,,,... 4 1 'va,4'n' \gym"'°- '., ' II? f � x a, :.t. ,..,„0,4„,4 , �/ " s6` ‘� R� 1r II •,,,,,, „.„ _44,•,,„_,:z_:,,,,,, t it c ii i �+ � ?!rn „�. - „,' ° , W,, �,' - ; v.- 3 ic:3 v' ` �'- p� t.. 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L s t �fl itA � �1 7 : r�C ,-�F � , d s r „ a tee. ,: r M11y� r,y�ict /' `' - — > — „:-1:,-4t-r,44, v kt 3° ..:_ r4.1,,,--- qua #9 CopMOM2011 WelCoupGoreevreny Aytl0lh,euued.ThuMey23 2013 00 20 ISAM 5undance ,,,,, ,,,,, , hy2„q/i3 Tammy Waters From: Tammy Waters Sent: Tuesday, October 29, 2013 10:15 AM To: 'kharris@sundanceenergy.net Cc: Karla Ford Subject: FW: Division Order Request-Miller 43-17J (JSND) Attachments: FOLease_SmallTract2013.pdf; 1552254-Elkhorn.pdf; Machii-Ross Lse Miller 43-17J-J.PDF; Miller 43-17J (Jsnd) Plat.pdf; Miller 43-17J (Jsnd) Well Info.pdf; Sundance Division Order Miller 43-17J (JSND)(2).pdf Hi Kent, I was working with Tracy some time ago on this. I am sending all the documents that Tracy initially sent. Can you please review and get back with me? If you are unable to review prior to October 31,2013 can you please send the information to Kford@weldgov.com. My last day with the county is Thursday. Thank you,Kyik 303- - �; 51 3 '19'14- S / , i C/ ..�-�. I tfig` --fi tz.,..9, . ..at Tammy Waters / Deputy Clerk to the Board he.)J ;�ice? IV 115 ,,.,, 0 O Streetf P.O. Box 758f Greeley, CO 80632 ,.. tel: (970)336-7215 X5226 0_./.4z.:„1„..5.„ %`1 1 ,Le wry,,,,st` - it 4 =!1 a c. 4 w.. e rr• p a of -l` t ,,,,;,f i,„..,,0.1 :IAA(± Confidentiality Notice:This electronic transmission and any attached documents or other writings ar 0' I ,, ;' 1 Iand may contain information that is privileged,confidential or otherwise protected from disclosure. .. t /v,70,,- :,g ,+yr,{.4r^r.( immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying ar''Gvf•' of this communication or any attachments by anyone other than the named recipient is strictly proh From:Tammy Waters , Sent:Tuesday, October 29, 2013 10:09 AM 21' +�I q — To: 'Tracy Stahl' II-C.oe5 call Under Subject: RE: Division Order Request- Miller 43-17J (JSND) Ela ✓1 �/�n Vls w' Hi Tracy, r' text- ue- 64 to proCoo I sent a small tract lease agreement for this division order back in June and haven't heard anything about it. Our County Attorney reviewed the file and believes that there is not a lease that is holding this. Can you please look into or return the small tract lease agreement? Thank you so much for your assistance. ffix_tiji, !yo ea , r 0- Tammy Waters Deputy Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970)336-7215 X5226 1 Tammy Waters To: Tracy Stahl Subject: RE: Division Order Request- Miller 43-17J (JSND) Attachments: FOLease_SmallTract2013.pdf Hi Tracy, I sent a small tract lease agreement for this division order back in June and haven't heard anything about it. Our County Attorney reviewed the file and believes that there is not a lease that is holding this. Can you please look into or return the small tract lease agreement? Thank you so much for your assistance. Tammy Waters Deputy Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970)336-7215 X5226 Ih4, Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From:Tracy Stahl [mailto:tstahl@sundanceenergy.net] Sent: Thursday, June 06, 2013 9:13 AM To:Tammy Waters Cc: Cyndi Windecker Subject: RE: Division Order Request- Miller 43-173 (JSND) Tammy, This well was purchased from Machii Ross Production Company. It was spud in 2006 but the lease that held the acreage was taken in 1969 (see attached). This lease has been held by production from other wells in the area. My thought is that when Weld County annexed the area for the road through the area,they then obtained their proportionate share of the minerals already being held by that lease because the minerals were never severed from the surface,therefore a lease never had to be taken with Weld County. The ownership we obtained from Machii Ross for the wells, is the ownership we set up in our system. Please let me know if you have further questions. SUNDANCE energy 1 Tracy Stahl Division Order Analyst 63317`h Street Suite 1950 Denver,CO 80202 Tel:(720)708-6002 From: Cyndi Windecker Sent: Thursday, June 06, 2013 8:51 AM To: Tracy Stahl Subject: FW: Division Order Request- Miller 43-17J (JSND) Any ideas? ckgspectfulty, Cyndi WincCecker Contract Land Assistant cwincfecRer@sundanceenergy.net From: Tammy Waters [mailto:twaters@co.weld.co.us] Sent: Thursday, June 06, 2013 8:48 AM To: Cyndi Windecker Subject: FW: Division Order Request- Miller 43-17J (JSND) Hi Cyndi, I went through the list of the leases that you sent and I don't see a lease from Weld County. Can you help me locate a lease with Weld County? Thank you Tammy Waters Deputy Cleric to the Board 1150 O Street/P.O. Box 7581 Greeley, CO 80632 tel.: (970)336-7215 X5226 x,,43 I Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: O,/ndi Windecker [mailto:cwindecker@sundanceenergv.net] Sent: Thursday, May 23, 2013 12:54 PM To: Tammy Waters Cc: Tracy Stahl Subject: RE: Division Order Request- Miller 43-17J (JSND) 2 Tammy, Per your request, please find the requested documents attached.Thank you. spectfutCy, Cyndi'Windecker Contract LandAssistant cwindecker@suncianceeneray.net From: Tammy Waters [mailto:twatersC@co.weld.co.us] Sent: Thursday, May 16, 2013 2:51 PM To: Tracy Stahl Subject: Division Order Request Hello Tracy, I received two division orders from you today. To get these signed for you the County Attorney requires a bit more information. Please see the attached Division Order memo. Thank you so much. Tammy Waters Deputy Clerk to the Board 1150 O Street'P.O. Box 758'Greeley, CO 80632 tel: (970)336-7215 X5226 1. Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 COGIS-WELL Information Page 1 of 3 COGIS - WELL Information Scout Card E® Related Q Insp. Q MIT 0 DJa a Doc Y Wellbore a Order Surface Location Data for API # 05-123-23477 Status: F Well Name/No: MILLER#43-17J (click well name for production) Operator: MACHII-ROSS PETROLEUM CO-52250 Status Date: 9/15/2008 Federal or State Lease#: County: WELD#123 Location: NESE 17 2N 67W Field: WATTENBERG -#90750 Elevation: 4,961 ft. Planned Location 2010 FSL 610 EEL Lat/Long:40.136503/-104.90666 Lat/Long Source: Fig As Drilled Location Footages Not Available Lat/Long: 40.136559/-104.907421 Lat/Long Source: Fit Wellbore Data for Sidetrack#00 Status: PR 9/1 Spud Date: 5/8/2006 Spud Date is: ACTUAL Wellbore Permit Permit#: 20054354 Expiration Date: 12/21/2006 Prop Depth/Form: 8150 Surface Mineral Owner Same: N Mineral Owner: FEE Surface Owner: FEE Unit: Unit Number: Formation and Spacing: Code: JSND , Formation: J SAND , Order: 232-15 , Unit Acreage: 320, Drill Unit:S2 Formation and Spacing: Code: NB-CD , Formation: NIOBRARA-CODELL, Order:407-87, Unit Acreage: 80, Dr Casing: String Type: STAGE TOOL, Hole Size: , Size: ,Top: , Depth: 5250,Weight: Cement: Sacks:200,Top: 4200, Bottom: 5250, Method Grade: Wellbore Completed Completion Date: 5/13/2006 Measured TD: 8073 Measured PB depth: 8054 True Vertical TD: True Vertical PB depth: Log Types: CDL/CNL/DIL, CBUCCUGR Casing: String Type:SURF,Hole Size: 12.25, Size: 8.625,Top:0, Depth: 513,Weight: Cement: Sacks: 360,Top: 0, Bottom: 513, Method Grade: CALC Casing: String Type: 1ST, Hole Size: 7.875,Size:4.5, Top: 0, Depth: 8066,Weight: Cement: Sacks: 240,Top: 6675, Bottom: 8066, Method Grade: CBL Casing: String Type:S.C. 1.1 , Hole Size: , Size: ,Top: , Depth: 5230, Weight: Cement: Sacks: 300,Top:4150, Bottom:5230, Method Grade: CBL Formation Log Top Log Bottom Core' SUSSEX 4395 4546 N SHANNON 4925 4940 N NIOBRARA 7200 7468 N FORT HAYS 7468 7490 N CODELL 7490 7520 N MOWRY 7901 7915 N J SAND 7915 8031 N SKULL CREEK 8031 N Completed information for formation CODL 1st Production Date: 8/28/2006 Choke Size: 0.188 Status Date: 9/25/2006 Open Hole Completion: N Commingled: Y Production Method: http://cogcc.state.co.us/cogis/FacilityDetail.asp?facid=12323477&type=WELL 5/23/2013 COGIS -WELL Information Page 2 of 3 Formation Name: CODELL Status: PR Formation Treatment Treatment Date: 8/23/2006 Treatment summary: 132,354 TOTAL GALS; 238,080#30/50 SAND & 12,000#OF 12/20 SAND Tubing Size: 2.375 Tubing Setting Depth: 7459 Tubing Packer Depth: Tubing Multiple Packer: Open Hole Top: Open Hole Bottom: Initial Test Data: Test Date: 9/25/2006 Test Method: SALES Hours Tested: 24 Gas Type: WET Gas Disposal: SOLD Test Type Measure BBLS_H2O 2 BBLS_OIL 33 BTU-GAS 1250 CALC_BBLS_H2O 2 CALC_BBLS_OIL 33 CALC_GOR 3788 CALC_MCF_GAS 125 CASING 450 GRAVITY_OIL 45 MCF_GAS 125 Perforation Data: Interval Bottom: 7510 Interval Top: 7490 #of Holes: 40 Hole Size: 0.38 Completed information for formation JSND 1st Production Date: 6/24/2006 Choke Size: 0.188 Status Date: 9/15/2008 Open Hole Completion: N P P Commingled: Y Production Method: Formation Name: J SAND Status: PR Formation Treatment Treatment Date: 6/9/2006 Treatment summary: 134,460 TOTAL GAL; 300,180#30/50 SAND Tubing Size: 2.375 Tubing Setting Depth: 7459 Tubing Packer Depth: Tubing Multiple Packer: Open Hole Top: Open Hole Bottom: Initial Test Data: Test Date: 8/12/2006 Test Method: SALES Hours Tested: 24 Gas Type: WET Gas Disposal: SOLD Test Type Measure BBLS_H2o 5 BBLS_OIL 1 BTU_GAS 1120 CALC_BBLS_H2O 5 CALC_BBLS_OIL 1 CALC_GOR 250000 CALC_MCF_GAS 325 CASING PRESS 955 GRAVITY_OIL 50 http://cogcc.state.co.us/cogis/FacilityDetail.asp?facid=12323477&type=WELL 5/23/2013 A COGIS -WELL Information Page 3 of 3 MCF_GAS 325 TUBING_PRESS 840 Perforation Data: Interval Bottom: 7931 Interval Top: 7938 #of Holes: 90 Hole Size: 0.42 http://cogcc.state.co.us/cogis/FacilityDetail.asp?facid=12323477&type=WELL 5/23/2013 645 QUIT CLAIM DEED THIS DEED is made this 20ttday of August , 2007,between Weld County, Colorado, a body politic and corporate of the State of Colorado,party of the first part, and Loretta T.Contreraz, of Weld County, Colorado,party of the second part. WITNESSETH, that the said party of the first part,for and in consideration of the sum of One and no/I00, ($1.00), and other good and valuable consideration, to the said party of the first part in hand paid by the said party of the second part,the receipt whereof is hereby confessed and acknowledged,has remised,released, sold, conveyed and QUIT CLAIMED, and by these presents does remise,release, sell,convey and QUIT CLAIM unto the said party of the second part,her heirs, successors and assigns, forever,all the right,title, interest, claim and demand which the said party of the first part has in and to the following described lots or parcels of land situate, lying and being in the County of Weld and State of Colorado,to wit: All of the real property described in the attached Exhibit"A." TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use,benefit and behoof of the said party of the second part,her heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. IN WITNESS WHEREOF, I,David E. Long, Chair of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resolution made by said Board of County Commissioners on the2othday of August , 2007,have hereunto set my hand and affixed the seal of said County this 220t>day of August 2007, for the uses and purposes therein set forth. ATTEST: COUNTY OF WELD, STATE OF Mid/ � /1" IE LA, OLORADO, A BODY POLITIC AND CLERIC TO THE BOARD OF •` RPORATE OF THE STATE OF COUNTY COMMISSIONERS ORADO sasst �i lie . BY: Jiti/ I � it & De Cle k to the Bo d '- David E. Long,Chair (0 / 0/2007) STATE OF COLORADO ) 1111111111111111 IN MIN FIR IIIII 1111 IIII ss. 3512645 10/22/2007 02:07P Weld County, CO County of Weld ) 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder The foregoing instrument was acknowledged before me this 20th day of August 2007,by David E. Long as Chair of the Board of County Commissioners of the County of Weld in the State of Colorado. Witness my hand and official seal this 20 tlday of August , A.D., 200'7 2007-2640 Exhibit "A" A strip of land,more particularly described as follows: 1 CA-OC OUTLOT C CASAGRANDE ESTATES 1ST ADDITION Unincorporated Weld County, Colorado 1 111111 11111 111111 111 t 11111111111 111 11111 1111 I t l l 3512645 10/22/2007 02:07P Weld County, CO 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk&Recorder ACCEPTANCE OF TRANSFER OF PROPERTY I, Loretta T. Contreraz, hereby state that I agree to accept the transfer of the property herein described as: 1CA-OC OUTLOT C CASAGRANDE ESTATES 1sT ADD Unincorporated Weld County, Colorado I acknowledge that this property has been transferred to me by Weld County, that all property tax obligations through 2006 have been paid, and that I will be responsible for all future property tax obligations for this property beginning in 2007. I acknowledge that no warranties as to the title of the property have been made to me, that no representations as to the quality of the property have been made to me, and that,as the adjoining landowner, I am familiar with the property. I further acknowledge that as the owner of the property I will have the obligation to maintain the property consistent with all relevant state and county statutes and code provisions.Tmokstgf .e,o., i\u._4,), 0 _12- O2 Loretta T. Contreraz` ate STATE OF COLORADO ) ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this j, ' day of 04-171Y'' , 2007, by LORETTA T. CONTRERAZ, of Weld County, Colorado. •"Ea Jti v' Witness my hand and officia r`:'.�l"fhis ' ay of CCU X/' , 2007. }NOT• 3=, Yt. ;:r ub 4c My commission expires: Maco^u^„scia^F esmrys4* �11111111I1111111111111111I 111111111111 113 11 I I I I I I l l 3512645 10/22/2007 02:07P Weld County, CO 3 of 3 R 0.00 0 0.00 Steve Moreno Clerk&Recorder 7 - fib > NF -1� k ft bb t kg k Sdi an.-4s. E =9Y S=} •₹c EI"� E� gg sRi" 3 =€ "sf !€ Es ' ' s e'e xz�pes: b E5,45 $3`"s -,a BKNe cwen� i S_ iN LE as 5 a as€ "a=.* €€ s aPs"a :18 aj e °e ' "€`ua ^sa_a =t=c x g5 4 4949 s =em iaek.,ac a =e s4 ^." `"xs� �� a ° e =4949. 4949 u Sze ss "'�$ sg yy- �Eg 8. 'e '#,= § g:,"e = s 2ECB WWA i^E: c gg� ge_p : .0w `x°sg0e1c Ia O3ags=a !$m en spiv a l: Pii F<e"esee1 0 k e 1g 8 $ p5= 5 ig'-s 5.42'g 'Te EE eq"""c ccccc 'Ili N WL-Mes Wig§ " _3 "n N. ea-re-Eq PC e 4 S a g 8 x_ic € sgggg s=:o c€ sssgssasq .assn a0: esaacaae^ fee s f3,. 0"5$gg s.a ° . 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R IS 8I F e �\/� 49°49 " 1 z8mgg$8 a �', Rya ' IL= °4949...., F= —�_.�,.. a—'I - A=7:2->r—T" 1° 2p g4 e 'I, 1 d aI 00,1 8 m▪m S ' I.II ▪ - ry L°1_,... _ L >.� J i� � __, � oo• '039 M,,30,020606 ..:,-.144 1 96459 4949 —T: �• �IrI 3 19 L5.68S� ° ggs 8 I II gIlN$ ! �I IaI - ; a �,a r—i q l ..'.`:`.�., 7 e r ..,..... `rl—5'9; —•.,� .. ygjl l =.WiV 1 m " ;11 aV /8'q t ° ° rng t a t B R /�"g 2A'O 5a - ° rr— / , _J I it/' z _ b I - / VZ "u%ns =I...!,==.-,;===::,°:= L x_�1 § / � _111 - yi?- tg;l I r. I1.2)Ji-o yna & 'Lint-44 .. .:" r'§—t, R a' x e ; y,o d3 gt asA ., °i 9 a,.« .� �R s 9- 90 m� %r . a H e rv6 s y 9: n I., I z "= ;;I: °� nx'awH nw 013M — 4949°—' ,£Ei�4 S,SZ.69N f_0 ° t„p0'946I1 3„0,3b.695 (mrp"Wa HL9a 880ZNz v...a1 •°.ml XOtl"z'. 4949 LI J35'tl9J i/15 "W tl H19°ML9tl'NAL J LI'0BS am 3S • AGREEMENT FOR DONATION OF REAL ESTATE • AR23c'.1560. INCLUDING LAND AND ALL IMPROVEMENTS • THIS AGREEMENT, made at Greeley, Colorado this 2S.-ii day of nit/VAR j , 1993, by and between Conrad E. Schuberth, hereinafter referred to as "First Party," and the County of Weld, • a. body politic and corporate of the State of Colorado, by and through the Board of County Commissioners of Weld County, Colorado, c u hereinafter referred to as "Second Party." M o WITNESSETH: u In consideration of the mutual promises and covenants o w contained herein, First Party agrees to donate to Second Party all of the real property and any and all improvements located thereon o ca as described in the attached Exhibit "A". oThe agreement for the donation of said property is subject to the following conditions: rn tz ..O 1. The real property described in the attached Exhibit "A" t^ is property upon which is located adjacent to Weld County Road 15. The donation of said property is accomplished M a in lieu of condemnation. The parties agree that no compensation shall be paid by Second Party for the z receipt of title to the property described in the attached Exhibit "A", but the parties agree that the No ti approximate value of said property is $420. mm. 2. First Party shall furnish to Second Party a quit claim deed.for the property described in Exhibit "A". Neither to w .� party shall be required to purchase title insurance for M Z the property described in Exhibit "A". r.)4 o�+ 3. General taxes on the property described in Exhibit "A" for the year 1993, if any, shall be apportioned to the z date of delivery of the deed, based upon the most recent ono levy and the most recent assessment. Io MO ^+ 4. The date of exchange of the property described in Exhibit. ca w "A" shall be the date of delivery of the Deed. The hour and place of closing shall be agreed to by each party. 5. Possession of the property described in Exhibit "A" shall be delivered to Second Party upon closing and shall not be subject to any leases or tenancies. 6. The parties hereto represent and warrant as of the date hereof and as of the date of the closing that neither the execution of this agreement nor the consummation of the transaction provided for herein constitutes, or will result in, any breach of any of the terms, conditions, or provisions, or constitute a default under any indenture, '930126 charter, by-law, mortgage, loan agreement, lien, lease,. license, judgment, decree, order, instrument, or other verbal or written agreement to which'First Party is a party of or is subject to, or to which the property is subject, except as may be provided for herein: 7: All of the conditions stated herein shall be in full force and effect, notwithstanding the conveyance of said.:-. parcel by quit claim deed, and shall not merge with said quit:"claim-deed. -IN WITNESS WHEREOF, the parties hereto have subscribed their names this D2'7 ,t4: day of _ 7,4wu,i-2 i' , 1993. . . _ FIRST. PARTY: Conrad E. Schuberth SUBSCRIBED AND SWORN to before me this c2:1-0N day of WITNESS my hand and official seal. Notary Pub " 915 10th'St., Crc Icy CO' -S0631 ?" My commission expires: o_ y Gr ATTEST � tiJ� BRJCC,DuLQNGANECKER SECOND PARTY: 2gaa oCO� Notary Phbnc Cook County,nknola Weld C- n a % O 09 d Weld County, Colorado, by and: through. the Board of,: County Commissioners of e w - Weld' unty Depput:t er "" e oar -Constance Harbert, Chair A7iESoN170,j15Ar 6 ON - - DaCOff 93' '"/"41 , uLS ONLY donatsch.gjb - - 5 1370 REC 02321560 02/11/93 15:49 $0.00 2/004- F 1007 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO - - • • EXHIBIT r•A.. Outlot C of-CasagrandeEstates,. First Addition, as shown . on the plat map recordedid the Office of the Weld .County Clerk and Recorder at Book 666, Reception Number 1588467. - - • B 1370REC 02321560 02/11/93 15:49 $0.00 3/004 F 1008 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO QU 2 T CLA I M DEED 'rHYS DEED, Made this 2.'944 day of✓A .-U,0"AC , between Conrad E. Schuberth, whose address is 2502 N. Clark Street, Chicago, Illinois. 6O614, of the first part, and the County of Weld, a body corporate and politic of the State of Colorado, whose address is 915 Tenth Street, Greeley, Colorado 8.0631, of the second part. WITNESSETH, That the said party of the first part, for and in consideration of the good and valuable consideration, to the said party of the first part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell,convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and.demand which the said party of the first part has in and to the following described lots or parcels of land situate, lying and being in the County of weld and State of Colorado, to wit: Outlet C of Casagrande Estates, First Addition, as shown on the plat map recorded in the Office of the Weld County Clerk and Recorder at Book 666, Reception Number 1588467. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either ' in law or equity, to the only proper use, benefit and behoof of the said party of the second part, heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part has hereunto set its hand and seal the day and year first above written. Signed, Sealed and Delivered ) in the Presence of ) Conrad E. Schuberth STATE OF ILLINOIS ) ) ss. County of Cook Toe foregoing instrument was acknowledged before me this 04 ;O, day of ^•- -' , 19 °1., b , Cnsna 4 . OFFICIAL SEAL" # BRUCE D. C0NGANECKER My commission expires: ro r„y p�inpo.po�yr County,Illinois My Cam lnslon Expires Oct.2.1843 Witness my hand and of is day of , A. 19 /1 ) mAkt., D °Y —4- ... ............ :�^io B 1370 REC 02321560 02/11/93 15:49 $0.00 4/004 F 1009 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO A10,882607 82 607 I:t 0760 REC 01882607 02/10/82 08:53 $3.00 1/001 MARY ANN I=EIJERSTEIN, CLERK tr RECORDER, WELD COUNTY, CO RECORDER'S STAMP Tilts DEED, Made this day of reepbol L'f' ,1981.- betwren C, Ce A R. S.SGr_/A'TES attn. County of GOt7/K and M Male of CO1eRe+bt,of the first part,and /0-/A10/5 C OINAAP e. Se/Ai/3617w Whose legal address is q3 s- W, t' 8s.re Q — of the County of C 0 fand state of /`.C//VQIf 6O6-/<i Colorado,of the second part. WITNE•;SSE'I'll,Thal the said part oft 1w first part,for and Inconsideration of the sum of DOLLARS, to the said part of the first part in bawl pull by t he said part of the second part,the receipt whereof is hereby confessed and acknowledged,ha realised,released,sold,cm'voyed and QUIT CLAIMED,and by these I presents do remise,release,sell,convey and QUIT CLAIM unto the said part of lIle second part, heirs. successors and assigns,forever,all the right,title,interest,claim and demand which the said part of the first part ha in and to the following described lot or parcel of land situate.lying and being in t lie County of LV6i6O and Slate of Colorado,in wit: ' O07 L-OT C C A}SA GRI NPP' F S t$rrs !sr /4 ppN, • ( fa -i1 L-r •Pt,'RPoJ ' 0PI - • • also known as street and 1114 miler TO HAWK AND IIOLD the wale,together with all and singular the appurteniuces and privileges(hereunto belonging or in anywise thematic'appertaining,and all the estate,right,title,ltttetslu4t and claim whatsoever,of the said part of the first part,either in law or equity.to tlu only pruner use,benefit and hehoof of the said part of the second part, 'heirs and assigns roreee r. IN WITNESS WHEREOF,The said part oft he first part hit hereunto set hood and seal . the day and year first above written. cr.C. , ..AS,f'o.cisT 4._--.ISg,ti.I Signed,Sealed and Delivered in t Iw Ih•esenre of c9 PY ofir/£AD �. c f1 u6e Rry s • r.Af.l (Lt/f�plf ISFA1.I STATE OF AOI.ORAn , so. C tyof Cook 8„.;t7 The foregoing instrument was acknowledged before ow t his U day of / fist+'" /J r / e /gyp ,.... , 19d'ZtbY IGC�end�C �e�` Cv�! ``eetN [l1y commission expires y.v/ I .19 p•�.\fitness my hand and official seal. .����y`. V•��Y • M .-7 I ; AAM -i�, ,Vtjj'' .: L7 N+lti+t•U i [e.+i � No.933. pttlr Cl•A1tl MF.ED'—Bradford rdblaftlat,1116$Nei 4l1l,At'rem e,rinldrn•ColotaJa 10101-1307121/.0644-1.00 i• 1 , i n • 47) t'- r�!!,, //i " r R,cu-d„d nr.U :o iloc�tJ..._...1...._.t4 . ✓ te; . t-'--' i 14�, y -'rr'sodH i..`"$- nspenvoi,aeSordJ 11lD.FtD.- IND Morro VI DII d (eta p :talk erad d X No. 9,11. ra011:gnus ss.--nrshm w,.r tualaine .:SWAG hoot StrM.Deaver,Wont:lea& ,9 OIL AND GAS LEASE IAGIUSESI ix'r Made and entered into the..._..23rdr__._-day oL_.._........Deaesaber, 10_69 , •12 11 by and between The El'ctorn Company, a Co—Partnership, _._ tT of Greeley,._Colorado, party of the first part,hereinafter called lessor(whether Guv J. Stumnff, Trustee, Sex 278, ruroroy Gale_.PfiP)-O party of the --1 UN or more) and L,1 second part,hereinafter called lessee. l`'t WIMP:S:ETU,That the said lessor,for and in consideration ofi 7..00 & o'her considerationooLLARS, Ncash in hand paid,receipt of which is hereby acknowledged and of the covenants and agreements hereinafter con- mined on the part of lessee to be paid,kept and performed,has granted,demised,leased and let and by these presents L1 does grant,demise,lease and let unto the said lessee,for the sole and only purpose of mining and operating for oil " and gas,and laying pipe lines,and building tanks,power stations and structures thereon to produce,save and take o, .o t care of said products,all that certain tract of land situate in the County of.._...—..._1.i:'':+ iti............._.-__..___._......... en State of Cglp,I',a, o; — _.__,described as follows,to wit: ed North half, & Southeast 0u..rtcr,& 4;artLcast cuar.er of Southeast Quarter) Section 17; rl The herein Oil F. uas Lease is Executed to cover our respective Minerai'Interest s.nl the "t herein described premises, and alga..U"assist an getting a test veil 3Filled-Ilf-t o area to a depth of-720O`feet-or"prodlrction-if"Paund-at-a-lessor-depth; It-being-utderstoodthat-this--3.ease-is-mo't-to-be.placed--of-record--untih-a do:i.-late deal-has-been-made--for.said--test..-to...be..drilicd .atmhich_time this...leasa_can_he.... F2 placed...on..recar.d..and..a4, pned..te...tn.&_epfratr wh9 will drill <aid test;_..__.___..-._,,, r of Section.._17 ...._._.Township? North Rang67 "leS+llhd containing--._.$.,.52°.._..._....acres,more or less. ' M It is agreed that this lease shall remain in force for a term of...-.?ryears from this date,and as long there- after as oil and gas,or either of them,is produced front said land by the lessee. In consideration of the premises the said lessee covenants and agrees: 1. To deliver to the credit of the lessor,free of cost,in the pipe line to which the lessee may connect his wells, the equal..e.t....ESgnt...(l,LL,)____--part of all oil produced and saved front the leased premises,as royalty or, at lessee's election,to pay the lessor for such royalty the market price prevailing the day the oil is run into the • pipe line,or in storage tanks.To pay the lessor as royalty.O..D.O_E 1t—.C1/3 __.._-.._._.of all other minerals and hydrocarbons which the lessee produces and saves from said lands. 2. To pay for the gas from each.well found upon the said premises,which shall produce gas in marketable quantities,a royalty of.—...,tag....—........._._._...per cent of the net proceeds derived from the sale of such gas,or of the gasoline that such gas may be converted into and marketed off the premises. , If no well be commenced on said land on or before the. 23$1...,__. day of.,_....—De_anthct IO...7.Q, this lease shall terminate as to both parties,unless the lessee on or before that date shall pay or tender to the lessor, or to the lessor's credit in the. Marl County-,--___„_„-,--_ Bank of Greeley, Colo., or its successors,which shall continuo as the depository regardless of changes in the ownership of said land,the sum of....._.0ne..D.ol1 an..pan.aara.;._.._......._.._...DOLLARS,which shall operate as a rental and cover the privilege of deferring the commencement of a well for 12 months from said date.In like manner and upon like payment or tenders the cdni encontent of a well zany be further deferred for a like period of the same number of months suc- cessively. And it(t'ynderstood and agreed that the consideration first recited herein,the down payment,covers not only the privflep l granted to the date when said first rental is payable as aforesaid,but also the lessee's option of extending that•pofiod aforesaid;and any and all other rights conferred Should the fir:y.irreil drilled an the above described land be a dry hole,then and in that event,if a second well • is not eommencea'on ij:,id land within twelve months from the expiration of the last rental period which rental has been paid, this leash dball terminate as to both parties,unless the lessee on or before the expiration of said twelve months shall resume:the payment of rentals in the same amount and in the same manner as hereinbeforc provided. ;And it is agreed that-upon the resumption of the payment of rentals,as above provided that the last preceding para- graph hereof,geve'ning the payment of rentals and the effect thereof,shall continue in force just as though there had been no interruption in the rental payments. If said lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein, then the royalties and rentals herein provided shall be paid the lessor only in the proportion which his interest bears to the whole and undivided fee. Lessee shall have the right to use,free of cost,gas,oil and water produced on said land for its operation thereon. except water from wells of lessor. When requested by lessor,lessee shall bury its pipe lines below plow depth. No well shall be drilled nearer than 200 feet to the house or barn now on said premises,without the written consent of the lessor. Lessee shall pay for damages caused by its operations to growing crops on said land. Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises,including the right to draw and remove casing. If the estate of either party hereto is assigned,and the privilege of assigning in whole or in part is expressly allowed—the covenants hereof shall extend to their heirs,executors, administrators,successors,or assigns, but no change in the ownership of the land or assignment of rentals or royalties shall be binding on the lessee until after -the lessee has bean furnished with a written transfer or assignment or a true copy thereof;and it is hereby agreed :that in the event this lease shall be assigned as to a part or as to parts of the above described lands and the assignee Or assigns oC'sueh part or parts shall fail to make default in the payment of the proportionate part of the rents due from hint or them,such default shall not operate to defeat or affect this lease in so far as it covers a part or parts of 'said lands unpla teEmit the said lessee or any assignee thereof shall make due payment of said rental. 'agrees that the lessee , shall have the fight at any time to redeem for lessor,by payment,any mortgages,taxes or other liens on the above described lands,in the event of default of payment by lessor,and be subrpgated to the rights of the holders thereof. War Clause for Oil and Gas Lease: This lease shall not be terminated,in whole or in part,nor shall lessee be held liable in damages,for failure to comply with the express or implied covenants hereof,if compliance therewith is'prevented by,or if such failure is the result of,any Federal or State laws,executive orders, rules,or regulations.If,at the end of the primary term hereof such term has not been extended by production or drilling as in this lease provided,and lessee,by reason of .any of the above recited causes,is unable to drill a well on the leased premises for oil or gas,the primary terns and the rental provision hereof shall be extended automatically from year to year until the first anniversary hereof occur- ring ninety(90) or more days following the removal of such delaying cause.During any period that lessee,is unable to produce and/or market any products from the leased premises by reason of any of the above recited causes,this lease shall remain in full force and effect. i In Testimony Whereof We Sign,this tha..2.lttkl........day of December 19 09 Witness: THE ET611O2.ti CO' AIT' a Co—Partnership.5./ _(SEAL'.) Y t%ti ntne SEAL) • 0 , v. /'gG'i` 630 7,,t•-/� EfD t7 1552254 r ACKNOWLEDGMENT TO THE LEASE f,A STATE Ol••._...............4.N�T,ni Inn-.i._.._._ .—.---_... VELD• ... ........_................._..Canner ar........_.:.1.....c....._...�_...-•-- Robert L Hays •� y,,� 7� a Notary'Public in and for tiTb1._..-.....1rfaCI-___..,...-..Clounty,in the State aforesaid,do Lathy certify t1taL.„..V•Ql.ei1_.L....S.t.L•'.phenaor._i•nci__. .14e.onp1:S1...J�.++1.......B zr.t.e1s_-,.,___._,.,_,,.,_, wi,..._.-_.ar_e_______._.-peraonafy known to me to,be the pen...:.__ v.ho.+e aanw.�r,-f.1t,Dterd+cd to the foregoing Lease,appeared before me this day in person,and Acknowledged that...._.rrl,1Q. -_..._............•• •igue I.Beak l and delivered the mid lnstsumcat,o( • ee 1; r�....- free and voluntary act and deed(or the acne an purpea s tberern net forth,as partners toi J.H .E 1,LIC 'O N C0MPANY, a co-partnnership. L given uuda my hand and-.1].0 tsarial_sea1.this 241-11..--day oL..-._...._...December- _-.19-L19.. My commission mir• .T111 31 11,�_,19��.... �• V 1 •'. • - � r� .•l7oiafy�I'ubiie. �:�,`..-s(' -_ ASSSI'GNMENT V�,( ---- 11•:.'".. �''1Cy,1�1 (1):1 L' tt?THESE PRESENTS.That 1,..�.....�•''l. ..e ��•.1'.. /'(-•.....d..•r.'/,,...::.1:'1/• ythe within • ,,,13,4..., a}1,4.'k..�.,.,jcay:..kr uSau of the amn of one dollar (51.40 and gkcf-tt�n iud valuable eo ai r tion..to.m/{an in 1 wl/t/ the receipt .'ttvl,creel ,re, n.es.4.1:and acknowledpt d��',(ll. _(..4.Y.YefreeY.Il r •. �Lj�:- gel.do hereby sell,assiAo,tranafcr„r over,and convey unto... ♦.. i i mo._�___e... CI �ido.2.I wsLein and a++Igoa the within base.gran mot.vtiytya„ee,.wti t�E a+��l hold the same(arihe termaad wader the eun.Gtiaa,u,rein costumed. •.C1S1 lIVN�1\'QfWI1EREOP.I have haeuato set my land and seal thfa...._... .-2/L.. _.day of---r-2-2.....4".-..._...�..�.•. 19/.(L-. 6,l.II ACKNOWLEDGMENT TO ASSIGNM3• T � STATE OF_.,,...— ...r_..... _._••_.•—.—•—•. }W tJ _County oL..._. I,n.._.__.... .._. . _. � .. .... ... Notary Public a and far said..__ .. _ _.-.�--Coumy,in the State aforesaid,do hereby sadly tba _....... f/.. .,,........ ...:'....IP% who..-._...s,../AL.--.._...-.-9 nalfy'known to me r be the person._. n4e1.1'y :cliksi.P/sc��Jst1 the foregoing Lease.appeased before qme this day In person,and acknowledged that 77?. ,- signal sca.cd n liter ,C said instrument of writing aa- �'�•f. . -- -_ free and votm act and deed for the uses and purposes 3 3r mss ota•spW,3_G,c .____sal, day o(..._- f 192 My,tenuot.�,on Via•21F�a o 1 Q t�! 19....7'? -y// /t..--.-, . ... ♦ .....4 / Notary Public. • • • _ I ■�■■ -- ilk -I- C■.. • . o ti_ 1 ■ 4$2 hr v __ ■■ -I_ — • r e ■ y • W1 • :::::::;‘. .% • • f •. . 1 ... . k'll!.... t.cic i ea , . et b 1• 0 w w v ari tX A IS a . - o - a, ' t‘.,r7,, n C; CC)r/4 ;3 I Lei �i;-1 O 11 . y ,� i� r. r.1 ., 1 vi u , a o ..1 p, f �� A S If. s o •C. G Pu i o x ,,, I 1 r, (--: i d u o r H 3 "' c i A v — i cif Ffc "° Recorded o'clock j MAR 13 1974 �y °j.bea873 110 Nm No. .... S. Lee Shchee, Jr, Reamer /`l File 794-13 STATE OF CALIFORNIA ) 4 ) ss. EXTENSION AFFIDAVIT COUNTY OF LOS ANGELES ) r-- CO KAR PETROLEUM COMPANY, managing partner of MACHII-ROSS M PETROLEUM CO., a partnership, •states that: MACHII-ROSS PETROLEUM CO_ LAI nr is the lessee (by assignment) of that certain Oil and Gas Lease dated NI b December 23, 1969 , between Elkhorn Company , as Lessor co o and Guy J. Stumpff, Trustee ; as Lessee, recorded in Book 630 Reception No. 1552254Weld p , records of County, Colorado, and covering N/2, SW/4, NE/4SE/4 of Section 17 , Township 2 North , r1 + Range 67 West , said County and State; That the primary or definite term of said lease has an expiration date of December 23, 1974 in the absence of production; That said lease is held by production of oil or gas, in accordance with its terms, and that this affidavit is made within six (6) 'months after the end of said primary term, in order to comply with Colorado Revised Statutes of 1963, as amended, Section 118-13-6; Further affiant saith not. MACEII-ROSS PETROLEUM CO. A Partnership By: KAR PETROLEUM��oo COMPANY By: [mil (7 enneth A. Ross, Jr.`Y' anaging Partner State of California ) ss. County of Los Angeles ) On this , 7th day of March, 1974 , before me, Hazel G. Riker , a Notary Public in and for said County and State, personally appeared Kenneth A. Ross, Jr. , known to me to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first- . F 0245 MAFYDANNSFEUERSTEIN/CLERKI • &jRECORDER WELD CO, CO b9.00 1/UO3 ARS895742 State of Colorado) ) County of Weld ) LEASE MODIFICATION AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, under date of December 23, 1969, The Elkhorn Company, a Co-Partnership, as Lessor, entered into an Oil and Gas Lease with Guy J. Stumpff, Trustee, as Lessee, recorded in Book 630, Reception No. 1552254 of the official records of Weld County, Colorado, and covering certain lands in said County and State, reference to which lease is hereby made for the full and complete terms and provisions thereof, Lessee's interest having been assigned to MACHII-ROSS PETROLEUM CO.; WHEREAS, the below listed persons (herein called "Lessor"), are either parties lessor to said leases or successors as to all or part of the lands covered thereby (sometimes called "lease acreage"); WHEREAS, because of the effect of Colorado Oil and Gas Conservation Commission orders respecting the area including and/or adjacent to lease acreage, it is necessary and convenient for the benefit of both the Lessor and Lessee, as well as the orderly development of the leased premises, that said Oil and Gas Lease be modified in certain respects, as hereinbelow provided: NOW THEREFORE, in consideration of the premises and of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby covenant and agree as follows: 1. There shall, and is hereby inserted into said lease, immediately following the printed provisions thereof, the following new paragraphs, to wit: "Lessee, at its option, is hereby given the right and authority to pool or combine the land covered by this lease, or any portion thereof, or formations thereunder, as to oil and gas, or either of them, either before or after production, with any other land covered by this lease, or with any other lands, lease or leases into a "Unit", when in Lessee's judgment it is necessary or advisable to do so in order to properly develop or operate said leases premises, whether under order of the Colorado Oil and Gas Conservation Commission or otherwise, such pooling to be into drilling or spacing unit or units not exceeding one hundred sixty (160) acres in surface area (plus an acreage tolerance of not to exceed 10$ of 160 acres) for oil and associated hydrocarbons, and not exceeding three hundred thirty (330) acres in surface area for gas and hydrocarbons associated therewith, except that larger units may be created to conform to any drilling or spacing unit pattern that may be prescribed by proper governmental authority. �� 9 5 0971 REC 01895742 06/25/82 11 :13 $9400 2/003 F 0246 MARY ANN FEUERSTEBN CLERK & RECORDER WELD CO, CO "The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this lease or portions thereof, or formations thereunder, into other units. To accomplish such pooling, Lessee shall execute and place of record an instrument or instruments identifying and describing the pooled acreage and formation, with an information copy upon written request to be provided Lessor. "Well commencement, drilling, production, or reworking operations anywhere on a unit, or the completion thereon of a well as a shut-in gas well, shall be construed as if it were well commencement, drilling, producing gas well, shut-in, or reworking operations under this lease, and, in lieu of royalties specified elsewhere herein, Lessor agrees to accept and receive out of the production from each unit only suchportion of the royalties stipulated y herein as the net amount of Lessor's re e ae ag placed in the unit, or Lessor's royalty interest therein, bears to the total acreage included in such unit." is hereby incorporated into said Oil and Gas Lease, effective as of the date thereof, to all intents and purposes as though originally incorporated in said Oil and Gas Lease. 2. Lessor does hereby represent to and covenant with Lessee that Lessor has not transferred, assigned or otherwise conveyed or encumbered their interests in said Oil and Gas Lease subsequent to the execution thereof or, if so assigned or conveyed, that Lessor's interest (treated severally) is that percentage set opposite the name of the party signatory hereto whose interest is such that such person or party comes under the term "Lessor" as used herein. 3. This Modification Agreement may be executed in counterpart or by use of signature pages, all of which, when taken together, shall be deemed to constitute a single instrument. Also, this Modification Agreement shall be binding upon all persons or parties executing same or a counterpart thereof, notwithstanding the fact that less than all parties lessor or listed herein execute this agreement. 4. Except as herein expressly revised or modified, the terms and provisions of said Oil and Gas Lease shall remain the same as written, and as so modified or amended, the parties hereto do hereby recognize and stipulate that said lease is in full force and effect as of the date hereof. 5. MACHII-ROSS PETROLEUM CO. shall evidence its acceptance of this Modification Agreement by recording an executed copy thereof into the Weld County records. The terms and provisions hereof shall be deemed covenants running with the lands subject hereto, and shall be binding upon and inure to the benefit of the parties, their respective heirs, legal representatives, successors, and assigns. • Pr .v. D 0971 REC 01895742 06/25/82 11 :13 $9.00 3/003 F 0247 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • EXECUTED this 2'2d day of C./v0 , 1982. INTEREST IN LEASE LESSOR 100.00% The Elkhorn Company, a partnership /J By V,.,.G4. ..N1 ,-r--t r._t 1 L o nnard H. Bartels (--- By jf-*(----e 44-7" .e.e.-..- ohn D. Stephen on)1 OE_�torte Cbt/j• .COLORADO ) ' s. Cb of s ) ' DENVER Y;, (11B‘.A G;i�29n June 2nd , 1982, before me, the `•'V, pd rSi s₹, a Notary Public in and for said State, personally apgpaea; 'Leonard H. Bartels and John D. Stephenson , known to me to be the persons whose name is subscribed to the within instrument, and acknowledged to me thattheyexeouted the same. Witness my hand and official seal. -:---; ' c . iKisj Notary Pohl c My Commission Expires: 1— s— 8 Hello