The URL can be used to link to this page

Browse Search

Home My WebLink About20082904.tiff I IIIIII11111IIIIII1111111111111IIIIII III IIIII ME ill r 169 3489169 07/10/2007 11':55A Weld County,CO 1 0l 2 R 11.00 0 44.00 Steve Moreno Clerk&Recorder WHEN RECORDED RETURN TO: S k SemCrude,L.P.,a Delaware limited partnership S� 01 South I-44 Service Road SDF$44.00 ilk homa City,OK 73173 WARRANTY DEED THIS DEED,dated July 6,2007,between Russell L.Gurtler,Jr.Family Trust and Dorthy K.Gurtler Trust, of the County of Weld and State of Colorado,grantor(s),and SemCrude,L.P.,a Delaware limited partnership, —` duly organized and existing under and by virtue of the laws of the State of Delaware, whose legal address is 11501 South 1-44 Service Road, Oklahoma City, OK 73173, of the County of Cleveland and State of Oklahoma,grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of Four Hundred Forty Thousand and 00/100 Dollars ($440,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm,unto the grantee, its successors and assigns forever,all the real property,together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follcws: The South 1/2 of the Southeast 1/4 of Section 24,Township 3 North,Range 65 West of the 6th P.M.,County of Weld,State of Colorado. ** SELLER RESERVES ANY AND ALL MINERALS** See Exhibit A(ALT./ACSM LAND TITLE SURVEY) also known by street and number as:TBD,CO TOGETHER with all and singular the hereditaments and appurtenances [hereunto belonging, or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate, right,title, interest,claim and demand whatsoever of the grantor(s),either in law or equity, of, in and to the above bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. The grantor(s), for himself, his heirs, and personal representatives,does covenant,grant,bargain and agree to and with the grantee,its successors and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of Inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature soever, except general taxes for the year 2007 and subsequent years, and except easements, covenants, conditions,restrictions,reservations,and rights of way of record,if any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises In the quiet and peaceable possession of the grantee,its successors and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall Include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. �N WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. ssell L.Gurtler,Jr.Family Trust and Dorthy K.Gurtler Trust _ r h t/I 9Y ,& , C7/14 -o7liteJ By Dorthy K.GHtler,Trustee for both trusts STATE OF COLORADO ) )55 COUNTY OF WELD ) T The foregoing instrument was acknowledged before me on Ib-f`-A,'.ot- r by Dorthy K. Gutter who personally appeared as Trustees for both Russell L.Gurtler,Jr.Family Trust aggl Dorthy K.Gurtler Trust. n Witness my hand and official seal. _ -*to/ u< ✓1_ 'C M-, __, ,w m.ExJ^e � ( ' 4foQary PublicLAURA . 3 t EVS(NGEA 7 ^-. File No.:52-0002778 1097505E, WO mdv to Corp-DoC 7/2/07 2:42 ON EXHIBIT • g ri 2008-2904 • Away 4 NralO oualaW 3M1$ 00'M 0 00'll is Z to Z 03'Nuno3 PIOM V99:11 LOOZ/OLILO 69L66IC IIII 110 11111 01111010 1111111111111111111111111111 O m G ! f ` x ' 1 y ^ Ilciin r ` e E 0 ' i 4 P A d S � .(°! W K n a T i ? riv 3 w� s td; a; i 99 — Liu k ( 1¢ d{{ap( v 3 1 f�e [^ ` e 5i i E i� i 1!f . S `i,i dQ zi .i i Q-Q i d -9i. A 5 d J ,- d €i IRE °fl ga ads a _i"� i E Q�� Q i III ill 1) is g ' I ! °{' °{ [ S .,=Z fl `j a 1°1 p �.iI I +a { 1„.c 9 i i AR Iie i L€€F § R{� s s !Alt. { ' { S a PI 6 Q Q _8 a` I PH :,h a Pc^ {h F: f It e E i a a JIB t ; d Fil s7E y. h ) a r" { P a a t ; G 4O a s 14 { I �, Ii iflIflJi '-; i ! J ! II a, iPb ' y ef[ji~ s ! Si2 YiL9' ° 9[e; GC LQD tit9�i tj a W d i p i € 4 ZFgir H. F€i a 6e(1,j{ 1 Weif¢j1j i i `{I:III OF, en i e 3f €'1€P y ; ¢°sag ��i�iQ�d ag{ljdi�i 1 1!"{ is'f m i.d§a Pe;F ¢iQ,' d igiji�i s1-it pi i{ii Cl) aaa `— Q s a ;�p°id;Y�q i4i 5 l p9! r aa!J Qtr r {+f{IIII 2-A ®I1 ui K n e E Ria Fyn @ tli1— slit s5Q:.j1'F��:{�[{ '�'�i i" ' II = ' i 9. P4lif 6l .6 ALiQI 2 a tQ{ { 3 j ' ft lava A ..Q r EEGe ei.a i� 9 € i_. F P !�!°{ Ql�! 4•!�{E{({{E ! t F—_ z g i [ { e 4€A{glili1 a��r t,=if€F!`J1ifitiliaititi! a;F1F 5 tit fIII l; I-- a s ` } s i elFoilloe11Fa {I HSffia€i { ifr5iii(iiJ.t J CQ ' O .iii IL" 18 a ii a J .P„!":„a6.:...:? M .°m.F;B.2:^Q"_i_:^i� _.,t igtA jig z - , C ` 5 L 0 SqS / � ye Q 3{i.. i I'III? �� a el _l I • i „ to ��/ 8,.P. 3 3 11 S ^ % e _ g S U) cn P ll .31 3i ZSi R! �3 ,Q "III o l, ti O 'I ! c ' Q tllI €l1 .. . .. 8 g1.al NI 4.8R.......f: E �a PgIIll f �' ° E 1 ' o 1{ rill i o Q lilt H m .. iial I i IIII LO Q2, mII ; i4 C a toes i¢2.• .. t ¢ 1`—I iY.®6 r; -� �. . �{ VIII �.I O� J• 211 P <63 ! g , i ,u it , F qa co _ ; 3 I i 1 €� / _ .6li, }III i ��ati n i 1 ° e � l lid ° :^Q��o en Ry z r� III r Qib{Z I:1 a4 i+,,:, i iQ{ ilk LEASE AGREEMENT • Platteville Station HIS LEASE AGREEMENT ("Lease"), is made effective this r 2I ' day of / � , 2008 ("Effective Date"), by and between Sent Crude, L.P., a Delaware limited partYiership, with offices at 11501 South I-44 Service Road, Oklahoma City, OK 73173 ("Lessor"), and Anadarko Petroleum Corporation, with offices at 1099 18th Street, Suite 1800, Denver,Colorado ("Lessee"). WITNESSETH THAT: WHEREAS, Lessor is the sole owner of certain land located in the County of Weld, State of Colorado, described as a portion of the South Half(S/2)of the Southeast Quarter(SE/4) of Section 24, Township Three (3) North, Range Sixty-Five.(65) West of the Sixth Principal Meridian;more particularly shown in Exhibit"A"(the"Leased Premises'); and WHEREAS, Lessor will or has constructed a truck unloading facility and certain associated appurtenant facilities (collectively,the"Truck Unloading Facility") that will originate adjacent to the Leased Premises. WHEREAS, Lessee desires to lease the Leased Premises and Lessor wishes to lease same to Lessee for the purpose of erecting storage tanks and a crude oil polishing facility for the delivery of Lessee's crude oil, if required, to Lessor's Truck Unloading Facility for transportation to Lessor's SemCrude Cushing Terminal via White Cliffs Pipeline;and • WHEREAS, Lessee and Lessor have entered into a Connection Agreement of even date herewith ("Connection Agreement") wherein Lessee will tie-in to Lessor's Truck Unloading Facility at Lessor's adjacent Platteville Station property. NOW THEREFORE, for and in consideration of the rents to be paid and received and the mutual promises of the parties hereto, Lessor hereby leases, lets and demises the Leased Premises to Lessee subject to the terms, conditions and covenants hereinafter set forth: 1. PURPOSE 1.1 The Leased Premises shall be used for the purpose of constructing, maintaining, operating, protecting, repairing and replacing a crude oil polishing facility with temporary storage tanks, pipes, dikes, equipment and related appurtenances for receiving, treating, temporarily storing, and re-delivering crude oil (collectively, "Lessor's Facilities"), which shall be tendered to Lessor for transportation pursuant to a Connection Agreement in the form attached hereto as Exhibit "B" and made a part hereof. 1.2 All storage tanks, pipes, equipment and related appurtenances placed by Lessee on the Leased Premises shall be compatible with tanks, pipes, equipment and related appurtenances owned and operated by Lessor for the Truck Unloading Facility located adjacent to the Leased Premises in order that crude oil stored in • Page 1 of 12 Lessee's tanks and equipment can be readily transferred to the Lessor's Truck • Unloading Facility 1.3 Lessee shall consult in advance with Lessor before placing any tanks or erecting any structure on the Leased Premises and receive Lessor's approval thereof provided, however, Lessor shall not unreasonably withhold such approval. Notwithstanding the foregoing, Lessor expressly gives approval for Lessee to construct and install the tanks, piping, equipment and appurtenances related thereto generally described in the Connection Agreement the attached as Exhibit «B„ 2. IMPROVEMENT AND MAINTENANCE OF ROADWAYS 2.1 Lessor agrees, at Lessor's sole expense, to maintain in good condition all access roads adjacent to the Leased Premises so that roadways shall be suitable for use by the trucks used by Lessee for its purposes in all weather conditions; it being understood and agreed that said roadways shall be jointly used by Lessee and Lessor or others. The single land road leading from Lessor's premises to the Leased Premises must be a minimum of twelve feet (12') in width and sufficient to accommodate one (1) tanker truck entering and leaving the Leased Premises. Lessor reserves the right of ingress and egress on the access road through the Leased Premises. 2.2 Lessee agrees, at its risk and expense, to maintain Lessee's Facilities in good condition and free of debris and any condition that is hazardous to the operation • of Lessor's facilities and to comply with Lessor's reasonable requirements in this regard. 3. TERM AND EXTENDED TERM 3.1 Subject to the further provisions hereof, this Lease shall be effective as of the Effective Date above and Lessee will pay a prorated rental term for period between Effective Date of this Agreement and the pipeline in-service date but, for purposes of computing the annual anniversary date, shall be for a term of five(5) years commencing on the first day of the first calendar month after the calendar month in which Lessee receives written notice from Lessor that construction of Lessor's Pipeline System and Colorado Terminal are operational (the "Initial Term"), and then year to year thereafter, unless Lessee gives written termination notice to Lessor at least ninety (90) days prior to any annual anniversary of the original Lease date. If not earlier terminated by Lessee, at the expiration of the Initial Term of the Lease, Lessee shall have the option to either (i) purchase the Leased Premises from Lessor at fair market value on terms to be agreed upon by the parties at that time or, (ii) extend the Lease for an additional one(1) year term or, (iii) extend the Lease for an additional five (5) year term subject to all the terms and conditions hereof except for the rent to be paid which shall be renegotiated between Lessor and Lessee as provided in Section 4.1 below. Lessee shall deliver written notice to Lessor of its election to either purchase the Leased • Page 2 of 12 Premises or to extend the term of this J Pase not later than 30 days prior to the • expiration of the Initial Term hereof. Provided that the parties remain in good faith negotiations regarding the terms of either a purchase or Lease extension,this Lease shall not terminate until such negotiations are concluded, even if those negotiations extend beyond the end of the Initial Term hereof. 4. RENT 4.1 Lessee shall pay Lessor as rent hereunder the sum of Seven Thousand Five Hundred Dollars and NO/100 ($7,500.00) per annum in advance, the rent for the first year to be paid in full upon the execution hereof, the rent for each year thereafter to be paid at or prior to the commencement thereof. At the end of the first five-year term, if this Lease shall remain in effect and if Lessee has elected not to purchase the Leased Premises or the parties have been unable to reach agreement on the terms of any such purchase, then Lessee shall have the irrevocable and exclusive right to extend this Lease for either an additional one (1) year term or an additional five (5) year term. The rent to be paid during the second or extended one (1) year or five (5) year term shall be renegotiated between Lessor and Lessee; provided, however, that if after good faith negotiations the parties cannot agree on a rent revision, the annual rental amount shall automatically increase by one thousand dollars ($1000) to a total of$8500 per annum. . 5. COMPLIANCE WITH GOVERNMENTAL AND ENVIRONMENTAL REQUIREMENTS 5.1 All tanks, pipe and appurtenant equipment of Lessee and all of Lessee's operations on the Leased Premises shall comply with all federal, state and other governmental requirements, including, but not limited to, statutes, rules and regulations pertaining to safety, health and environmental protection. As failure to observe and comply with any such requirements may jeopardize or curtail Lessor's operations, Lessor hereby reserves and shall have the right to terminate this Lease at any time for actual violations by Lessee of applicable laws, rules or regulations promulgated by any agency or governmental body having jurisdiction over the Leased Premises;provided,however,that prior to such Lease termination and except in the case of an emergency, Lessor shall give notice to Lessee in writing of any alleged violation or other complaint and if Lessee shall fail to correct, remedy, contest or dispute the alleged violation or complaint in good faith within thirty (30) days after having received Lessor's written notification thereof,_this_Lease shall...terminate......Lessor represents, as of the Effective Date, that its operations and facilities located at or conducted upon the Leased Premises are in compliance with all applicable federal, state and other governmental requirements, including without limitation, statutes, rules and regulations pertaining to safety, health and environmental protection. Lessor shall have a • Page 3 of 12 continuing obligation dining the Term hereof to ensure that it remains in compliance with such rules,regulations and governmental requirements. • 6. TAXES 6.I Lessor shall pay all real property taxes levied against the Leased Premises; provided, however, that Lessee shall reimburse Lessor for any portion of such taxes or increased taxes that are a direct result of Lessee's use of and operations on the Leased Premises and are identified on a tax statement rendered by the tax assessor for the governing authority 6.2 Lessee shall pay any sales, use or occupation tax, license or permit fee, that may be payable because of Lessee's use of or operations on the Leased Premises; and also any personal property taxes on personal property and fixtures placed on the Leased Premises by Lessee. 7. REMOVAL OF LESSEE'S PROPERTY 7.1 All tanks, pipe, equipment, structures and fixtures placed upon the I eased Premises by Lessee shall be and remain the property of Lessee and, subject to further provisions hereof, Lessee shall have the right at any time before, and within a reasonable time after, termination of this Lease shall remove same from the Leased Premises or to otherwise abandon such pipe in accordance with all laws and regulations. Lessee has performed a Phase I and Phase II environmental assessment survey of the Leased Premises, a copy of which is provided in Exhibit «C„ • 8. MAINTENANCE AND USE 8.1 Lessee shall not permit litter, or other unsightly accumulations on the Leased Premises, shall keep the Leased Premises in a neat and orderly condition, and shall keep weeds cut and grass trimmed. 9. RESTRICTION ON ASSIGNMENT 9.1 Lessee shall not sublet the Leased Premises, or any part thereof, or assign this Lease, without the written consent of Lessor first had and obtained, provided, however, that Lessor shall not unreasonably withhold its consent. Notwithstanding the foregoing, Lessee shall have the right to assign this Lease, without Lessor's prior consent, in the event Lessee (i) transfers its rights and obligations under the T&D Agreement referenced in the preamble, or(ii) sells all or substantially all of its assets to a third party who shall assume all of its rights and obligations under this Lease as part of such asset sale or (iii) sells all of its interests in the Wattenberg Field to a third party who shall assume all of its rights and obligations under this Lease as part of such asset sale. • Page 4 of 12 10. DEFAULT • 10.1 If Lessee fails to pay the rental as herein provided, or if Lessee defaults in the performance or observance of any of the material terms, covenants and stipulations hereof, and if such failure or default shall continue for thirty(30)days without good faith dispute or commencement of cure after Lessor's receipt of written notice from Lessor, as provided in Section 5.1 above, then and in such event Lessor may at its election terminate this Trase and all the rights of Lessee hereunder. No improvements may be removed from the Leased Premises at any time Lessee is in default with respect to the Lease. 11. SURRENDER OF PREMISES AT TERMINATION 11.1 At the expiration or termination of this Lease, however the same may be brought about,Lessee shall surrender the Leased Premises to Lessor peaceably, in as good condition as when received by Lessee, usual wear and tear and damage by the elements excepted. 11.2 The Lessor and Lessee shall document the condition of the Leased Premises at the time it is occupied by Lessee. Lessor acknowledges that Lessee has had a Phase I and Phase II environmental survey performed on the Leased Premises prior to Lessee accepting possession of the Leased Premises and such results are attached hereto as Exhibit "C". If Lessee surrenders the Leased Premises in accordance with Section 7.1 and this Section 11 of the Lease, Lessor shall execute and deliver to Lessee a release in a form reasonably satisfactory to Lessee. • 12. LESSOR'S RIGHT OF ENTRY 12.1 Lessor reserves and shall have the right to enter the Leased Premises for the purpose of making inspections, surveying the same, and for any other reasonable purpose, so long as such activities do not interfere with the rights and privileges herein granted to Lessee. 13. HOLD HARMLESS 13.1 Lessor shall not be liable to Lessee or Lessee's employees, agents, invitees, or to any other person whomsoever, for any death or injury to person or damage to property, including damage to the environment, on or about the Leased Premises when caused solely by Lessee's use and occupation thereof and activities thereon; and Lessee shall and hereby agrees to release, defend, indemnify, save and hold harmless Lessor of and from any claim, demand, damages or causes of action of whatsoever kind, including attorneys fees, caused by the use and occupation of • and activities on the Leased Premises by Lessee or by its employees; agents or invitees, except to the extent caused by Lessor's negligence. 13.2 Lessee shall not be liable to Lessor or Lessor's employees, agents, invitees, or to any other person whomsoever, for the death or injury to person, damage or property, including damage to the environment, on or about the Leased Premises • Page 5 of 12 or the adjacent property of I essor when caused solely by Lessor's or any third • party's use and occupation thereof and activities thereon of the Leased Premises or the adjacent property of Lessor either before or after Lessee's occupation thereof; and Lessor shall and hereby agrees to release, defend, indemnify, save and hold harmless Itsee of and from any claim, demand, damages or causes of action of whatsoever kind, including attorney's fees, caused by the use and occupation of and activities on the Leased Premises and the adjacent property of Lessor by Lessor, its employees, agents, invitees or any third party before or after Lessee's occupation thereof. 13.3 Notwithstanding the provisions of Sections 13.1 and 13.2, Lessor agrees to release, defend, indemnify and hold Lessee harmless from and against any and all losses, claims demands, liabilities, fines, penalties or causes of action of every kind and character for damages resulting from a pollution event on Lessor's adjacent property or on the Leased Premises arising out of Lessor's operation of the Truck Unloading Facility and its associated appurtenant facilities, except to the extent caused by the willful misconduct, intentional act or gross negligence of Lessee. However,in the event of a spill for which Lessor has indemnified Lessee, Lessor shall not be responsible or liable to Lessee for any loss of Lessee's crude oil that is lost between the custody transfer point and Connection Point A or between the custody transfer point and Connection Point B (i.e. pre-custody transfer oil in SemCrude piping) (as such terms are defined in the Connection Agreement attached hereto as Exhibit"B"). 14. SUCCESSORS • 14.1 The terms, conditions and covenants contained herein shall apply to, inure to the benefit of, and be binding upon the parties hereto and their respective successors in interest,permitted assigns and legal representatives. 15. GOVERNING LAW 15.1 This Lease shall be governed by and construed in accordance with the laws of the State of Colorado and the federal laws applicable therein. 16. NOTICES 16.1 All notices required or permitted to be given hereunder or in connection herewith shall be in writing and given by mailing in the United States mail, as certified or registered mail,postage prepaid and addressed to the respective parties as follows: Lessor: SemCrude,L.P. 11501 South I-44 Service Road Oklahoma City,OK 73173 Lessee: Anadarko Petroleum Corporation. 1099 18`h Street Suite 1800 Denver, CO 80202 • Page 6 of 12 • Or to such other address as the parties may hereafter designate by giving written notice as provided herein. Every notice mailed as aforesaid shall be conclusively deemed to have been received by the party to whom addressed on the third (3 ) business day following the deposit thereof in the United States mail, regardless of when or whether such notice is actually received by the addressee. IN WITNESS WHEREOF, this instrument has been executed by the parties hereto as of the day and year first mentioned hereinabove. LESSOR LESSEE SemCrude,L.P., a Delaware limited Anadarko Petroleum Corporatio partnership By: SemOperating,G.P.,L.L.C., its general partners By: • Da ' Howell, Gen al Manager Peter L. Schwiering, Vice Pre ' ent, Operations • • Page 7 of 12 • After Recording Return to: SemCrude,L.P. 11501 South 1-44 Service Road Oklahoma City,OK 73173 ATTN: Glenn Collura IP Page 8 of 12 ACKNOWLEDGMENTS • STATE OF OKLAHOMA § COUNTY OF CLEVELAND§ Before me, the undersigned, a Notary Public, in and for said County and State, on this day personally appeared Peter L. Schwiering, Vice President, Operations, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said SemCrude, L.P., a Delaware Limited Partnership, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. �n Given ur `_`, rY ixd,41nd seal of office,this the 21t. day of t Y tm,u1 ,2008. yP,mN"01 T = 40800760e / VU Y1.1 Yi IK E. lP 02✓10n0 ; Notary Public in and for a State of Oklahoma =; auc,,.'.P My commission expires 02-1O—i ID STATE OF COLORADO § • § COUNTY OF DENVER § Before me, the undersigned, a Notary Public,in and for said County and State, on this day personally appeared David Howell, General Manager, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said Anadarko Petroleum Corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office,this the 21 day of Ploy ,2008. ••• • • i • • Notary Public i d f r h tat of Coin tat r cr`: 0 O ' My commission expires. _bl-.19--L0// ..._. ,‘\FOF co'- My ComSsbn Expkes01/19/2011 411 Page 9 of 12 • EXHIBIT."A" The Leased Premises • • Page 10of12 Li i1 d it liii iiiIg Zs• 1 g b4 IjI ! 3 S 4 S I aill I o^ l_ _ a rw 10 :a cf i gx 4 a w y: 1Y1b 1�( IiZ gO ii a 1gJ x '1 0 1 W kill ... S d t-c z lipisi _., M ;i 4 li g IT g. I ' t . i ' o J tii;LI .5t 3. I J•.AtCp: 9 CS, :d• _ ,. - A I v • I z �- 1 r R p 44C1/4+" Ukit :.11 W al WI S 124s Hi i 1 I 0 I • EXHIBIT"B" Connection Agreement • • Page 11 0£12 EXHIBIT 1 Connection Points See attached. • • • 4 iE i z — g F FR.e+ " EL. k 4 1 11 kg :F tC { Zg : C iliii XO $ iN • 5 k < ® C�f� Ci ok >u16PE R ir(�y [�ffj kse�y ,p�['.!�' . gyp e9 kj e , ® a O � C y .(1'� © 8 _ k9 I! ii r ti! Di © l �P 20 -I F F 'sa ! • F��ti .4 7 - ii _ l:I! ' ilo X « c«)-5". i iiii ± ® r-1" ! iL a Fe � 6 ; 1. , 7 F ��r y r -t ® j H m r_ _l 1 ei im liqc li 1 i ii I ;x L--.J r J E'l •1 rA � e r �� 4 .. k® c� k@ I — . I w i _ : r ' amp ® , _ J • t_ib I• OS r L"• J 0O V N Ira.lW 't w"00M0I•a-]mat.PO NMm.A...Nrw0 PM VM,' EXHIBIT 2 . Custody Transfer Point See attached. • £ ifs L • 11I. - N l- 2 so-, g g i F -r. . KaIn F (j — 67 ac.-.< -+ Pa E ..0 204S& 1 Aaolsno ONHVOVNV - 1 --_—_�---fx A -1 5 iii �a Pd=Pary,IT I 4W dill . 1 ff IAII 'I I' I y�R _ Y R 11 it- € : : I . R �- eR I I - , a a,:i. R94- � .. .,an. . jlEg+ I: I �� 1 I '7a I- I 94___ °REy_ Z" i -fl i c-5 I Fa_ r 2 { 6e Rg g Jig I (7j'°°;1 a'*-(01 Fa. 1 Ic; ` �-' 31 i I €E-c ,r€ I I € -'? .41'€ I P. I RZ a -ia I I��₹T aia I n I I I ' I �I =i I gi L71:1 I -: I = I gI4 1 gi Ip �� ,o, I III-- igI la9gR b P �4 I I i , I i3 -';tay� t _. i[�_ ,gtg I I pE I Eta: El i- I Ti5ci II LAI I' IT Th., 1• 14I -sr J pLb O3 8 wI,nt- .. ..a..-w[ i.wn N.a3-,.m-a-.Ir n..w aIay.. w AI I-n nn Mown..,-...b M..a.co-at-xao-M W CONNECTION AGREEMENT • (Anadarko Petroleum Corporation, Connection to SemCrude L.P.'s Platteville Truck Unloading Facility) /n THIS CONNECTION AGREEMENT (the "Agreement") Is dated this ritl day of l 2008, between SemCrude, L.P., a Delaware limited partnership ("SemCrude"), and Anadarko Petroleum Corporation, ("Anadarko"). Either SemCrude or Anadarko may singularly be hereinafter referred to as a "Party"and collectively referred to as the"Parties". WHEREAS, SemCrude owns a truck unloading facility in Weld County, Colorado (the"SemCrude Truck Unloading Facility"); and • WHEREAS, Anadarko and SemCrude have entered into a Lease Agreement dated/41d!) (the "Anadarko Lease") whereby SemCrude has granted Anadarko a lease on property located near Platteville, Colorado that is adjacent to the SemCrude Truck Unloading Facility site and Anadarko desires to install and operate a Crude Oil Polishing Facility(the"Anadarko Oil Polishing Facility")on the Anadarko Lease to connect to the SemCrude Truck Unloading Facility; and WHEREAS, SemCrude desires, at its sole cost, risk and expense, to construct, maintain and operate the SemCrude Truck Unloading Facility in a manner necessary to accommodate crude oil delivered from the Anadarko Oil Polishing Facility;and WHEREAS, Anadarko desires, at its sole cost, risk and expense, to construct, maintain and operate the Anadarko Oil Polishing Facility in a manner necessary to accommodate crude oil deliveries to and from the SemCrude Truck Unloading Facility. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the Parties agree as follows: 1. Consent—SemCrude consents to Anadarko connecting the Anadarko OII Polishing Facility to the SemCrude Truck Unloading Facility under the terms and conditions of this Agreement. SemCrude shall grant Anadarko and its authorized representatives access to the SemCrude Truck Unloading Facility in accordance with the terms and conditions of the Lease Agreement to connect the Anadarko Oil Polishing Facility to the SemCrude Platteville Station. 2. Location of Tie-In — Anadarko will install the Anadarko Oil Polishing Facility and all associated equipment as shown in Exhibit 1. Anadarko will Install an 8"flange on the upstream side of the 8" ball valve for its use in connecting to the SemCrude Truck Unloading Facility 8" rejected oil line ("Connection Point A"). Anadarko will install a 6" flange on the downstream side of the 6" ball valve for its use In connecting to the SemCrude treated oil return line ("Connection Point B"). Both the 8"and 6"flange shall be equipped with a cathodic protection insulating flange kit.The materials used, method of construction, and timing of Anadarko's connection of the Anadarko Oil Polishing Facility to the SemCrude Truck Unloading Facility shall be agreed upon by both parties. 3. Ownership--SemCrude shall own the equipment and facilities installed by SemCrude including its side of the 8" flange up to the insulated flange of Connection Point A, and the equipment and facilities installed by SemCrude Including its side of the 6" flange up to the insulated flange of Connection Point B. Anadarko shall own the equipment and facilities installed•by.Anadarko downstream of Connection Point A and upstream of Connection Point B, including its side of the flange and the insulating components or devices between the two sides of the flange. 4. Approvals and Regulations -- Each party accepts sole responsibility for the installation, operation, inspection, repair and disconnection of their facility with the applicable federal, state, and local governmental rules and regulations. • 9. FORCE MAJEURE AND GOVERNMENT RESTRAINT (a) Neither Party shall be liable to the other for any loss, damage or delay or nonperformance caused in whole or in part by an act of God, quarantine, authority of law, strike, riot, fire, adverse weather conditions, explosion, sabotage, insurrection, rebellion, war or act of the public enemy, or any order or necessity of the government of the United States,or for any other similar cause not(i) due to the negligence of, or (ii)reasonably within the control of, the Party claiming protection of this force majeure provision other than the obligation to make payments then due or becoming due with respect to performance prior to the event. (b) if a Party's duties or obligations under this Agreement are adversely impacted by any force majeure event, then such Party shall immediately notify the other Party by either telephone or facsimile, and promptly thereafter in writing, giving reasonable details as to the cause of the force majeure event and its estimated duration, to the extent known. 10. INDEPENDENT CONTRACTOR STATUS Should either Party perform work on behalf of the other Party pursuant to this Agreement, said Party shall be deemed an independent contractor and shall not be deemed to be an agent or employee of the other Party. 11. TERM This Agreement is effective from its execution by both Parties but,for purposes of computing the annual anniversary date, shall be for an initial period of five years commencing on the first day of the first calendar month after the calendar month in which Anadarko receives written notice from SemCrude that construction of SemCrude's Pipeline System and Colorado Terminal are operational (the "initial Term") and then year to year thereafter (such additional terms aro collectively the "Term"), unless Anadarko gives written termination notice to SemCrude at least ninety(90) days prior to any annual anniversary of the Term. It is the Intention of the Parties that the initial Term of this Agreement shall be contemporaneous with the term of the Anadarko Lease; however, if Anadarko should exercise Its option to purchase the lands covered by the Anadarko Lease after the Initial Term of five-years or any period thereafter, then this Agreement shall continue in force an effect unless cancelled by Anadarko upon giving SemCrude ninety (90) days advance written notice. 12. COMPLETENESS AND MODIFICATIONS This Agreement constitutes the entire agreement between the Parties with respect to the transactions contemplated herein, and it supersedes all prior discussions, understandings or agreements (oral or written) between the Parties with respect to the same. No amendment or modification of this Agreement shall be made except by the execution by Anadarko and SemCrude or their duly authorized designees of written agreements that specifically refer to this Agreement. 13. SUCCESSION AND ASSIGNMENT OF RIGHTS Any company that shall succeed by purchase, merger, or consolidation to title to substantially all of the properties or assets or equity securities of SemCrude, or Anadarko or their affiliates,as the .... case may be, shall be entitled to the rights and shall-be subject to the obligations of its - predecessor in title under this Agreement. Each of the Parties may also freely assign any of its rights and obligations hereunder to an affiliate. Except as otherwise provided in this Section, no assignment of this Agreement or any of the rights or obligations hereunder shall be made by any Party unless such Party has obtained the prior written consent of the other Party, which consent shall not be unreasonably withheld, delayed or conditioned. • • Anadarko and SemCrude have caused this Agreement to be duly executed as of the date set forth above. Witnesses: Sy Crude,Sem0p L. P. By Seneral P ting,G.P.,L.L.C., lelIts General Partner By: e 1hwie �. Peter L.Schwiering, Vice President-Operations W sses• Anadarko Petroleum Corpo r ion l 7dal s ) • • ACKNOWLEDGMENTS STATE OF COLORADO § COUNTY OF DENVER Before me, the undersigned authority, on this day personally appeared 5 I etuicie. G_ 1 tr of Anadarko Petroleum Corporation, known to me to be the person whose name is subscribed to t foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation. Given under my %l c1d '' ��oi;ice this 21 day of , 2008. /�. � TA 1 VIII J Notary Pub ,Sta f ora o I! i • My commission expire -IA. A `C) : O • •a� , - vas., Qx STATE OF OKLAHO Y v,Expires OVA/201i COUNTY OF CLEVELAND § Before me, a Notary Public in and for the State of Oklahoma, on this 2:4ay of n known to me to be the identical person who su scr ed 2008, personally appeared Peter L. Schw�erl g, the name of SemCrude, L.P., a Delaware limited partnership, by its general partner SemOperating, G.P., L.L.C., an Oklahoma limited liability company, to the foregoing instrument as its Vice President, Operations and acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of the limited partn rship fo the s urposes set forth. ry Public, State of O oma {� My Commission Expires: gyp, My Commission Number: CAD OCA OCA0 '2Q -7 a ¢po i O,KLAIAO • LEASE AGREEMENT Platteville Station • THIS LEASE AGREEMENT ("Lease"), is made effective this day of 11 c,yy , 2008 ("Effective Date"), by and between SeanCrude, L.P., a Delaware limited partnership, with offices at 11501 South 1-44 Service Road, Oklahoma City, OK 73173 ("Lessor"), and Noble Energy, Inc., with offices at 1625 Broadway, Suite 200, Denver, Colorado 80202 ("Lessee"). WITNESSETH THAT: WHFREAS, Lessor is the sole owner of certain land located in the County of Weld, State of Colorado,described as a portion of the South Half(S/2)of the Southeast Quarter(SE/4) of Section 24, Township Three (3) North, Range Sixty-Five (65) West of the Sixth Principal Meridian;more particularly shown in Exhibit"A"(the"Leased Premises"); and WHEREAS, Lessor will or has constructed a truck unloading facility and certain associated appurtenant facilities (collectively, the "Truck Unloading Facility")that will originate adjacent to the Leased Premises. WHEREAS, Lessee desires to lease the Leased Premises and Lessor wishes to lease same to Lessee for the purpose of erecting storage tanks and a crude oil polishing facility for the delivery of Lessee's crude oil, if required, to Lessor's Truck Unloading Facility for transportation to Lessor's SemCrude Cushing Terminal via White Cliffs Pipeline;and • WHEREAS, Lessee and Lessor have entered into a Connection Agreement of even date herewith ("Connection Agreement") wherein Lessee will tie-in to Lessor's Truck Unloading Facility at Lessor's adjacent Platteville Station property. NOW THEREFORE, for and in consideration of the rents to be paid and received and the mutual promises of the parties hereto, Lessor hereby leases, lets and demises the Leased Premises to Lessee subject to the terms,conditions and covenants hereinafter set forth: 1. PURPOSE 1.1 The Leased Premises shall be used for the purpose of constructing, maintaining, operating, protecting, repairing and replacing a crude oil polishing facility with temporary storage tanks, pipes, dikes, equipment and related appurtenances for receiving, temporarily storing, treating, and re-delivering crude oil (collectively, "Lessor's Facilities"), which shall be tendered to Lessor for transportation pursuant to a Connection Agreement in the form attached hereto as Exhibit "B" and made a part hereof. 1.2 All storage tanks, pipes, equipment and related appurtenances placed by Lessee on the Leased Premises shall be compatible with tanks, pipes, equipment and related appurtenances owned and operated by Lessor for the Truck Unloading Facility located adjacent to the Leased Premises in order that crude oil stored in • Page 1 of 11 Lessee's tanks and equipment can be readily transferred to the Lessor's Truck • Unloading Facility 1.3 Lessee shall consult in advance with Lessor before placing any tanks or erecting any structure on the Leased Premises and receive Lessor's approval thereof provided, however, Lessor shall not unreasonably withhold such approval. Notwithstanding the foregoing, Lessor expressly gives approval for Lessee to construct and install the tanks, piping, equipment and appurtenances related thereto generally described in the Connection Agreement the attached as Exhibit 2. IMPROVEMENT AND MAINTENANCE OF ROADWAYS 2.1 Lessor agrees, at Lessor's sole expense,to maintain in good condition all access roads adjacent to the Leased Premises so that roadways shall be suitable for use by the trucks used by Lessee for its purposes in all weather conditions; it being understood and agreed that said roadways shall be jointly used by Lessee and. Lessor or others. The single land road leading from Lessor's premises to the Leased Premises must be a minimum of twelve feet (12') in width and sufficient to accommodate one (1) tanker truck entering and leaving the Leased Premises.. Lessor reserves the right of ingress and egress on the access road through the Leased Premises. 2.2 Lessee agrees, at its risk and expense, to maintain Lessee's Facilities in good condition and free of debris and any condition that is hazardous to the operation • of Lessor's facilities and to comply with Lessor's reasonable requirements in this regard. 3. TERM AND EXTENDED TERM 3,1 Subject to the further provisions hereof, this Lease shall be effective as of the Effective Date above but, for purposes of computing the annual anniversary date, shall be for a term of five (5) years commencing on the first day of the first calendar month after the calendar month in which Lessee receives written notice from Lessor that construction of Lessor's Pipeline System and Colorado Terminal are operational (the"Initial Term"), and then year to year thereafter,unless Lessee gives written termination notice to Lessor at least ninety (90) days prior to any annual anniversary of the original Leaser date. If not earlier terminated by Lessee, at the expiration of the Initial Term of the Lease, Lessee shall have the option to either(i)purchase the Leased Premises from Lessor at fair market value on terms to be agreed upon by the parties at that time or, (ii) extend the Lease for an additional one (1) year term or, (iii) extend the Lease for an additional five (5) year term subject to all the terms and conditions hereof except for the rent to be paid which shall be renegotiated between Lessor and Lessee as provided in Section 6.1 below. Lessee shall deliver written notice to Lessor of its election to either purchase the Leased Premises or to extend the term of this Lease not later than 30 days prior to the expiration of the Initial Term hereof. Provided that the • Page 2 of 11 parties remain in good faith negotiations regarding the terms of either a purchase • or Lease extension, this Lease shall not terminate until such negotiations are concluded, even if those negotiations extend beyond the end of the Initial Term hereof. 4. RENT 4.1 Lessee shall pay Lessor as rent hereunder the sum of Seven Thousand Five Hundred Dollars and 14O/100 ($7,500.00) per annum in advance, the rent for the first year to be paid in full upon the execution hereof, the rent for each year thereafter to be paid at or prior to the commencement thereof At the end of the first five-year term, if this Lease shall remain in effect and if Lessee has elected not to purchase the Leased Premises or the parties have been unable to reach agreement on the terms of any such purchase, then Lessee shall have the irrevocable and exclusive right to extend this Lease for either an additional one (1) year term or an additional five (5) year term. The rent to be paid during the second or extended one (I) year or five (5) year term shall be renegotiated between Lessor and Lessee; provided, however, that if after good faith negotiations the parties cannot agree on a rent revision, the annual rental amount shall automatically increase by one thousand dollars ($1000) to a total of$8500 per annum. 5. COMPLIANCE WITH GOVERNMENTAL AND ENVIRONMENTAL REQUIREMENTS • 5.1 All tanks, pipe and appurtenant equipment of Lessee and all of Lessee's operations on the Leased Premises shall comply with all federal, state and other governmental requirements, including, but not limited to, statutes, rules and regulations pertaining to safety, health and environmental protection. As failure to observe and comply with any such requirements may jeopardize or curtail Lessor's operations, Lessor hereby reserves and shall have the right to terminate this Lease at any time for actual violations by Lessee of applicable laws, rules or regulations promulgated by any agency or governmental body having jurisdiction over the Leased Premises;provided,however,that prior to such Lease termination and except in the case of an emergency, Lessor shall give notice to Lessee in writing of any alleged violation or other complaint and if Lessee shall fail to correct, remedy, contest or dispute the alleged violation or complaint in good faith within thirty (30) days after having received Lessor's written notification thereof, this Lease shall terminate. Lessor represents, as of the Effective Date, that its operations and facilities located at or conducted upon the Leased Premises are in compliance with all applicable federal, state and other governmental requirements, including without limitation, statutes, rules and regulations pertaining to safety, health and environmental protection. Lessor shall have a continuing obligation during the Term hereof to ensure that it remains in compliance with such rules,regulations and governmental requirements. • Page 3 of 11 6. TAXES • 6.1 Lessor shall pay all real property taxes levied against the Leased Premises; provided, however, that Lessee shall reimburse Lessor for any portion of such taxes or increased taxes that are a direct result of Lessee's use of and operations on the Leased Premises and are identified on a tax statement rendered by the tax assessor for the governing authority. 6.2 Lessee shall pay any sales,use or occupation tax, license or permit fee, that may be payable because of Lessee's use of or operations on the Leased Premises; and also any personal property taxes on personal property and fixtures placed on the Leased Premises by Lessee. 7. REMOVAL OF LESSEE'S PROPERTY 7.1 All tanks, pipe, equipment, structures and fixtures placed upon the Leased Premises by Lessee shall be and remain the property of Lessee and, subject to further provisions hereof, Lessee shall have the right at any time before, and within a reasonable time after, termination of this Lease shall remove same from the Leased Premises or to otherwise abandon such pipe in accordance with all laws and regulations. Lessee has performed a Phase I and Phase II environmental assessment survey of the Leased Premises, a copy of which is provided in Exhibit "C". 8. MAINTENANCE AND USE • 8.1 Lessee shall not permit litter, or other unsightly accumulations on the Leased Premises, shall keep the Leased Premises in a neat and orderly condition, and shall keep weeds cut and grass trimmed. 9. RESTRICTION ON ASSIGNMENT 9.1 Lessee shall not sublet the Leased Premises, or any part thereof, or assign this Lease, without the written consent of Lessor first had and obtained, provided, however, that Lessor shall not unreasonably withhold its consent. Notwithstanding the foregoing, Lessee shall have the right to assign this Lease, without Lessor's prior consent, in the event Lessee (i) transfers its rights and obligations under the T&D Agreement referenced in the preamble, or(ii) sells all or substantially all of its assets to a third party who shall assume all of its rights and obligations under this Lease as part of such asset sale or (iii) sells all of its interests in the Wattenberg Field to a third party who shall assume all of its rights and obligations under this Lease as part of such asset sale. 10. DEFAULT 10.I If Lessee fails to pay the rental as herein provided, or if Lessee defaults in the performance or observance of any of the material terms, covenants and stipulations hereof, and if such failure or default shall continue for thirty (30)days • Page 4 of 11 without good faith dispute or commencement of cure after Lessor's receipt of • written notice from Lessor, as provided in Section 5.1 above, then and in such event Lessor may at its election terminate this Lease and all the rights of Lessee hereunder. No improvements may be removed from the Leased Premises at any time Lessee is in default with respect to the Lease. 11. SURRENDER OF PREMISES AT TERMINATION 11.1 At the expiration or termination of this Lease, however the same may be brought about,Lessee shall surrender the Leased Premises to Lessor peaceably, in as good condition as when received by Lessee, usual wear and tear and damage by the elements excepted. 11.2 The Lessor and Lessee shall document the condition of the Leased Premises at the time it is occupied by Lessee. Lessor acknowledges that Lessee has had a Phase I and Phase II environmental survey performed on the Leased Premises prior to Lessee accepting possession of the Leased Premises and such results are attached hereto as Exhibit "C". If Lessee surrenders the Leased Premises in accordance with Section 7.1 and this Section 11 of the Lease, Lessor shall execute and deliver to Lessee a release in a form reasonably satisfactory to Lessee. 12. LESSOR'S RIGHT OF ENTRY 12.1 Lessor reserves and shall have the right to enter the Leased Premises for the purpose of making inspections, surveying the same, and for any other reasonable • purpose, so long as such activities do not interfere with the rights and privileges herein granted to Lessee. 13. HOLD HARMLESS 13.1 Lessor shall not be liable to Lessee or Lessee's employees, agents, invitees, or to any other person whomsoever, for any death or injury to person or damage to property, including damage to the environment, on or about the Leased Premises when caused solely by Lessee's use and occupation thereof and activities thereon and Lessee shall and hereby agrees to release, defend, indemnify, save and hold harmless Lessor of and from any claim, demand, damages or causes of action of whatsoever kind, including attorneys fees, caused by the use and occupation of and activities on the Leased Premises by Lessee or by its employees, agents or invitees, except to the extent caused by Lessor's negligence. 13.2 Lessee shall not be liable to Lessor or Lessor's employees,agents, invitees, or to. any other person whomsoever, for the death or injury to person, damage or property, including damage to the environment, on or about the Leased Premises or the adjacent property of Lessor when caused solely by Lessor's or any third party's use and occupation thereof and activities thereon of the Leased Premises or the adjacent property of Lessor either before or after Lessee's occupation thereof; and Lessor shall and hereby agrees to release, defend, indemnify, save and hold harmless Lessee of and from any claim, demand, damages or causes of • Page 5 of 11 action of whatsoever kind, including attorney's fees, caused by the use and. • occupation of and activities on the Leased Premises and the adjacent property of Lessor by Lessor,its employees, agents, invitees or any third party before or after Lessee's occupation Thereof. 13.3 Notwithstanding the provisions of Sections 13.1 and 13.2, Lessor agrees to release, defend,indemnify and hold Lessee harmless from and against any and all losses, claims demands, liabilities, fines, penalties or causes of action of every kind and character for damages resulting from a pollution event on Lessor's adjacent property or on the Leased Premises arising out of Lessor's operation of the Truck Unloading Facility and its associated appurtenant facilities, except to the extent caused by the willful misconduct,intentional act or gross negligence of Lessee. However, in the event of a spill for which Lessor has indemnified Lessee, Lessor shall not be responsible or liable to Lessee for any loss of Lessee's crude oil that is lost between the custody transfer point and Connection Point A or between the custody transfer point and Connection Point B (i.e. pre-custody transfer oil in SemCrude piping) (as such terms are defined in the Connection Agreement attached hereto as Exhibit"B"). 14. SUCCESSORS 14.1 The terms, conditions and covenants contained herein shall apply to, inure to the benefit of, and be binding upon the parties hereto and their respective successors in interest, permitted assigns and legal representatives. • 15. GOVERNING LAW 15.1 This Lease shall be governed by and construed in accordance with the laws of the State of Colorado and the federal laws applicable therein. 16. NOTICES 16.1 All notices required or permitted to be given hereunder or in connection herewith shall be in writing and given by mailing in the United States mail, as certified or registered mail, postage prepaid and addressed to the respective parties as follows: Lessor: SemCrude,L.P. 11501 South I-44 Service Road Oklahoma City, OK 73173 Lessee: Noble Energy, Inc. 1625 Broadway, Suite 200 Denver,CO 80202 Or to such other address as the parties may hereafter designate by giving written notice as provided herein. Every notice mailed as aforesaid shall be conclusively • Page 6 of 11 deemed to have been received by the party to whom addressed on the third(3'll • business day following the deposit thereof in the United States mail, regardless of when or whether such notice is actually received by the addressee. 17. INSURANCE 17.1 Lessee agrees to maintain a policy of general public liability and property damage insurance under which Lessor is named as an additional insured, and under which the insurer agrees to waive subrogation against the Lessor. The minimum limits of such insurance shall be Two Million Dollars and no/100 ($2,000,000)per claim or Five Million Dollars and no/100 ($5,000,000) cumulative, and One Million Dollars and no/100 ($1,000,000)for property damage. IN WITNESS WHEREOF, this instrument has been executed by the parties hereto as of the day and year first mentioned hereinabove. LESSOR LESSEE SemCrude,L.P., a Delaware limited Noble Ener ,Inc. partnership By: SemOperating,G.P.,L.L.C., / its general partners By: j Dan Kelly,Vice-Preside • Peter L.Schwiering, Vice President, Operations After Recording:Return to: SemCrude,L.P. • Page 7 of 12 ACKNOWLEDGMENTS • STATE OF OKLAHOMA § COUNTY OF CLEVELAND§ Before me, the undersigned, a Notary Public, in and for said County and State, on this day personally appeared Peter L. Schwiering, Vice President, Operations, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said Sem4ade, L.P., a Delaware Limited Partnership, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given u%4Ot+ntajp and seal of office,this the ' day of 2008. p 4 #os0oteos Aditan 1 Jh}i1 EXP.02/10/in = Notary Public in and for state of Oklahoma 9 •cueL1G,.r+�T V_i '�.� `` My commission expires Q7H D iii„Pg o^`{ s 1\,„ STATE OF COLORADO § • COUNTY OF DENVER § Before me,the undersigned, a Notary Public, in and for said County and State, on this day personally appeared Ted Brown, Senior Vice President, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said Noble Energy, Inc., and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office,this the ao2'' day of May,2008. -flSt— MELISSA K. IVIELLE I I Notary Albite in and for the State of e Ain.' /tax) cko NOTARY PUBLIC STATE OF COLORADO My commission expires `]• i 1-orb l I Melissa Kellett 1625 Broadway Denver, CO 80202 • Page 8 of 11 • EXHIBIT"A" The Leased Premises • • Page 9 of 11 4 111 § 1111 1 zo flu- i • it ig g ay i :. li !elf il i . ...,.. JtjI !JJj f is s . Cr Yam Lb Ph oexff R tin ,g laI fs,_-; 4�a,1 4 ii I e:., t alifi= i 4111 =; -Eo 'i• rV...nr...tDZ2,31t;MT. . ei con 3 J.CNS.c.t ^x .Ya.�` c^ 1" t ?` N L.o i'; r� F, h- L U 0 Y -- .—•-. __.__. ___ is k 1� y .- _, 4 \:1 i0 F 00‹,‘ N ' t :ag a: MI n ai 1Z 4 IIIS -.Z n Sl IE'' `i .' Ile '_�. i r. • S' • EXHIBIT 4B" Connection Agreement • • Page 10 of 11 CONNECTION AGREEMENT • (Noble Energy, inc., Connection to SemCrude L.P.'S Platteville Truck Unloading Facility) THIS CONNECTION AGREEMENT (the 'Agreement") is dated this 21 day of /-1a 2008, between SemCrude, LP, a Delaware limited partnership ("SemCrude"), and Noble Enekgy, Inc., ("Noble"). Either SemCrude or Noble may singularly be hereinafter referred to as a "Party" and collectively referred to as the"Parties'. WHEREAS,SemCrude owns a truck unloading facility,in Weld County, Colorado (the"SemCrude Truck Unloading Facility");and 'AI,2" WHEREAS, Noble and SemCrude have entered into a Lease Agreement dated rtn� (the "Noble Lease") whereby SemCrude has granted Noble a lease on property located near Platteville, Colorado that is adjacent to the SemCrude Truck Unloading Facility site and Noble desires to install and operate a Crude Oil Polishing Facility (the"Noble Oil Polishing Facility) on the Noble Lease to connect to the SemCrude Truck Unloading Facility;and WHEREAS, SemCrude desires, at its sole cost, risk and expense, to construct, maintain and operate the SemCrude Truck Unloading Facility in a manner necessary to accommodate crude oil delivered from the Noble Oil Polishing Facility;and WHEREAS, Noble desires, at its sole cost, risk and expense,to construct, maintain and operate the NoblerOll Polishing Facility in a manner necessary to accommodate crude oil deliveries to and from the SemCrude Truck Unloading Facility. NOW, THEREFORE, for and In consideration of the mutual covenants herein contained, the Parties agree as follows: • 1. Consent — SemCrude consents to Noble connecting the Noble Oil Polishing Facility to the SemCrude Truck Unloading Facility under the terms and conditions of this Agreement SemCrude shall grant Noble and its authorized representatives access to the SemCrude Truck Unloading Facility in accordance with the terms and conditions of the Lease Agreement to connect the Noble Oil Polishing Facility to the SemCrude Platteville Station, 2. Location of TIe-In-Noble will install the Noble Oil Polishing Facility and all associated equipment as shown in Exhibit 1. Noble will install an 8"flange on the upstream side of the 8"ball valve for its use in connecting to the SemCrude Truck Unloading Facility 8'rejected oil line("Connection Point A'). Noble will install a 6' flange on the downstream side of the 6" ball valve for its use in connecting to the SemCrude treated oil return line ("Connection Point B"). Both the 8" and 6" flange shall be equipped with a cathodic protection insulating flange kit. The materials used, method of construction,and timing of Noble's connection of the Noble Oil Polishing Facility to the SemCrude Truck Unloading Facility shall be agreed upon by both parties. 3. Ownership—SemCrude shall own the equipment and facilities installed by SemCrude including its side of the 8" flange up to the insulated flange of Connection Point A, and the equipment and facilities installed by SemCrude including its side of the 6" flange up to the insulated flange of Connection Point B. Noble shall own the equipment and facilities installed by Noble downstream of Connection Point A and upstream of Connection Point B, including its side of the flange and the insulating components or devices between the two sides of the flange. 4. Approvals and Regulations - Each party accepts sole responsibility for the installation, operation, inspection, repair and disconnection of their facility with the applicable federal, state, and local governmental rules and regulations. • 9. FORCE MAJEURE AND GOVERNMENT RESTRAINT • (a) Neither Party shall be liable to the other for any loss, damage or delay or nonperformance caused in whole or in part by an act of God, quarantine, authority of law,strike, riot, fire, adverse weather conditions,explosion,sabotage,insurrection, rebellion,war or act of the public enemy, or any order or necessity of the government of the United States, or for any other similar cause not(i)due to the negligence of,or(Ii) reasonably within the control of, the Party claiming protection of this force majeure provision other than the obligation to make payments then due or becoming due with respect to performance prior to the event. (b) If a party's duties or obligations under this Agreement are adversely impacted by any force majeure event, then such Party shall immediately notify the other Party by either telephone or facsimile, and promptly thereafter in writing, giving reasonable details as to the cause of the force majeure event and its estimated duration, to the extent known. 10. INDEPENDENT CONTRACTOR STATUS Should either Party perform work on behalf of the other Party pursuant to this Agreement, said Party shall be deemed an independent contractor and shall not be deemed to be an agent or employee of the other Party. 11. TERM This Agreement is effective from its execution by both Parties but, for purposes of computing the annual anniversary date, shall be tor an initial period of five years commencing on the first day of the first calendar month after the calendar month in which Noble receives written notice from SemCrude that construction of SemCrude!a Pipeline System and Colorado Terminal are operational (the "Initial Term") and then year to year thereafter (such additional terms are collectively the"Term”), unless Noble gives written termination notice to SemCrude at least ninety (90)days prior to any annual anniversary of the Term. It is the Intention of the Parties that the Initial Term of this Agreement shall be contemporaneous with the term of the Noble Lease; • however, If Noble should exercise its option to purchase the lands covered by the Noble Lease after the Initial Term of five-years or any period thereafter,then this Agreement shall continue in force an effect unless cancelled by Noble upon giving SemCrude ninety (9O) days advance written notice. 12. COMPLETENESS AND MODIFICATIONS This Agreement constitutes the entire agreement between the Parties with respect to the transactions contemplated herein, and it supersedes all prior discussions, understandings or agreements (oral or written) between the Parties with respect to the same. No amendment or modification of this Agreement shall be made except by the execution by Noble and SemCrude or their duly authorized designees of written agreements that specifically refer to this Agreement. 13. SUCCESSION AND ASSIGNMENT OF RIGHTS Any company that shall succeed by purchase, merger, or consolidation to title to substantially all of the properties or assets or equity securities of SemCrude, or Noble or their affiliates, as the case may be, shall be entitled to the rights and shall be subject to the obligations of its predecessor in title under this Agreement Each of the Parties may also freely assign any of its rights and obligations hereunder to an affiliate. Except as otherwise provided in this Section, no assignment of this Agreement or any of the rights or obligations hereunder shall be made by any Party unless such Party has obtained the prior written consent of the other Party,which consent shall not be unreasonably withheld,delayed or conditioned. • Noble and Semerude have caused this Agreement to be duly executed as of the date set forth • above. Witnesses: frit, SemCrude, L.P. By SemOperating, G.P., L,L.C., Its General Partner �� J By: �.<g te ./Peter L.Schwiering, Vice President-Operations Witnesses: Noble Energy, Inc., ` Dan eHy, Vice President • • • ACKNOWLEDGMENTS STATE OF COLORADO § COUNTY OF DENVER § t J 1 LA1,_ Before me, the undersigned authority, on this day personally appeared i ,ft yta d F 14) V Li n ihxt. O1 cocci-- of Noble Energy, Inc., known to me to be the person whose name is subscribed J to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, In the capacity therein stated, and as the act and deed of said corporation. Given under my hand and seal of office this as ay of `Yl • ,2008. ,.l_r 4\/".. rytE LETT /OTARYPUBLIC HThrThikSo an)._ drnAILSOWSt— !E OF COLORADO Notary Public,State of Colorado My commission expires: —1•i-1- Melissa MeAett 1625 Broadway STATE OF OKLAHOMA § Denver, CO 80202 § COUNTY OF CLEVELAND § Before me, a Notary Public in and for the State of Oklahoma, on this 21 day of • 2008, personally appeared Peter L.Schwiering, known to me to be the identical person who subs•i•ed the name of SemCrude, L.P., a Delaware limited partnership, by its general partner SemOperating, G.P., L.L.C., an Oklahoma limited liability company, to the foregoing Instrument as its Vice President, Operations and acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of the limited pa nership forth uses and purposes set forth. Notary Public,State of s Ia,oma My Commission Expires: "IC—f V OZ ` inl ngrr,r J`5p3:i,MIE p,.ij,�� My Commission Number. Oti2Uf1 I it O L ct NO i '"Z'f' a=l 2 forlo .et` • Ls . , "BLIC P • EXN BIT I • Connection Points See attached. • • 55 1 N • `1 �4 i - eI ai ? 1% ��titititititi:::::: w - , . € f~u. . 3 _ m t : a ,, p� cv `—— x ° v v x 1 A w1 , g a _ ° O 6 & i s lgil a. 7 �4 �) 9 6-"e ? ®"-,am, e- •e r 3lis E7 � e• _ i� SI ,.f -- 1 . O CIb C9• . ,a ki! 5 se Y' SdzB !I 4J ' r — STJ a s ( 4 6a. !Ell. ' . CO— I Fes= a gat 9 Q 0 0 CQ f S •-4 g — : n4 .® a ._., I .p l— Pid a 4I LI- • A,,., a God 4 BO£t 7 Ill • a 4 I L 4 to 4 � ._ -_ S. 8 94::30 - �® _ 4 g ` rowH 4% �� $ S a g. 4 8' 3 �I L , i i,_ i Ii M� Q d 8 . ! !X1 -9 I Ql r E I fg I I- 01 '4 1 11 1 11 a a9 n4 t Kods-Acc< 11 I�� i, a Pi pa ®. ,r 7�y el do, 4 ..W a `-�3e 4S 0. lig . U f 2 ^ Z 0¢ 1 J ` Oa. U 'a i u.rtu�wuarc Y..axo.,..y�aro.wnmeern�m..,.axua l • EXHIBIT 2 Custody Transfer Point See attached. • ii L • ; N _t , m .1N10dtl3d5NW1,a01S1103190N .• {ta I [ t R ?+—Itq It! I `[ � 3�1J _ I a I en•13g t . {fl 1 _, �ut 5 W 1 4,14 �___ i__p___I � f SSi. ;8 ilia ni Seas a±-q k 2 . irr. • u. .� 8 w -a.- D. k .e r-. Imo .�'--. !I- F9t - ------ -«--• Bl II [l] y ! I [� ti iT- ® ce :8•. I I H3— cs .41LL. a Y ,_ - sue.:l , `-- zed I I tl rr — i I} wt aI j 7 ° - 100 �I I I®--C - 1o1 :3 I i.49 I ON p t34--,!II I 1 ,alb I 4M '..My:.. WOO a...• u.-. •ag2. ,:a • _t�9aaa111 -o It 13 11 43 A wv 1..t Wit 0.1D t AA sou `T[T i 1 I aaaaraa -!or TI— +.m rawS. n- -..a�an..^4:u[WV muf . c_. .m.n-+r...'-en4 o4r.-.rar-wry I • EXHIBIT "C" Phase I&II Investigation • • Page 12 of 12 • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Lawyers Title Insurance Corporation hereby certifies that it has made a careful search of its records and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION The South 1/2 of the Southeast 1/4 of Section 24,Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): I Reception No. 806175 Book 1035 Page 528 Reception No. 2067372 [ Book 1126 Included for Information. • Reception No. 2280091 Book 1328 • Reception No. 2300431 Book 1348 Reception No. 2627824 I Book NONE Reception No. 3197211 Book NONE Reception No. 3489169 Book NONE This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Lawyers Title Insurance Corporation is hereby limited to the fees paid for this Certificate. In Witness Whereof, Lawyers Title Insurance Corporation, has caused this Certificate to be signed by its proper officer this 2nd day of July, 2008, at 7:00 am. . • Order No. 52-0004832 Lawyers Title Insurance Corporation �L By 61O l/l�ia L-w t l Authorized Signature • • '1i1 nl` 5e 5 i? ',?-i�.y,:e,�>c<_a DEC 31 1930 { i nt�fir ra.'Rsespti�..,N,:.- �gla r WALTER FF..mcoRRisomutorder. �1�r�ir ,.t y'{"—DE®, tfri;Sly ;2eth do of : -December in the yay° iferd onla;;3nta9d a{oe hder d and thirty-eight between {ry At _H,']IILLIAI[8 end fi E, GREENS i1' ollht•,Qitr alidy`County o2 i y. Deliver - and State of Colorado,of the first part,and II' :aUB$ILIPL, QUHTLFR- and EVA U. GURTLER- :jhtt"' ,Qi �, end dounry ef`- . veneer end State of Colorado,of the second parts ;A:1;r Tint t}.ld�!ten of the liras past,loelnd in consideration of the sum of �..�.�..,. lrt l i is 1,l-' - tr. kMIipOLUARG and!other.;valuable oonelderatione DOLLARS, s , rtfls nid.yadl9 60l;lhefin!"D•rl in hand paid by the said parties of the second part,the teeelpt whereof le ,hw,'*copfisacd and acknowledged,ha TO granted,bargained,sold end conveyed,and by then present.do grant,baigaIni sell;convey and confirm unto the said parties of the second part,not In tenancy in common but In - pl.,t at:c,;ttie.vivlver of them,their assigns and the heirs and anlgna of such survivor forever,all the follow. • Ins described lot B -or parcels of land, situate,lying and being In the County of Weld and State of Colorado,to-wlti The South one-half (Si) of 8eotton Twenty-four (24), Township Three (3) North, Range Sixty- five (65) Weet of the 6th P. U. ? y. • ` i t. ;.-4',, t. • t l5' _• •fti.tt ,t % .i i, Subject to rights-of way for public highways, canals, irrigation ditches and laterals; if any, and reservations in patents issued by the United States of America. • Together-with all end singular the hereditament'sod appurtenances thereunto belonging,or in anywise appertain- ing, and the reversion end reversions, remainder and remainders, rents, issues and profits thereof; and all the estate,right,title,interest,claim and demand whatsoever,of the said part 10 B of the Ant part,either in law or equity,of, hi and to the above bargained premises, with the hereditament' and Appurtenances; To Have and T. Hold the said premises above bargained end described,with the appurtenants.;onto RUSSELL L. GURTLER and En -U. 0URTLIiR the said part tee of the second part,the survivor of them, their assigns and the heirs and assigns of such survivor f . And the said A. B. .WILLIAJIS and T. E. GREENE parties of the first part,for themsel yes their heirs, mc_..._..— administrators, do covenant, grant, bargain and agree to and with the said part iee of the second part. the survivor of them,their assigns and the heirs and amine of nth survivor,tha above bargained premises in the quiet and peaceable possession of the said part ieeof the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor,against dl and every person or person.lawfully claiming or to claim --the whole or any part thereof,by,through or under the said parties of the first part to Warrant and Forever Defend. - H7 WITNESS WHEREOF,The said part tee dr the Brat part ha Oehereunto set their hand 8 and seal° the day and year first above written. 'Signed,Sealed and Delivered in the Presence of•llti -- ..__._._._._._...._........._[SEAL] 'a jil� _ _._ j-11)31';':: )..17-.' s*t`ff?. t lit a T. ri �1 t Il ttl }is. . 'City�plq�t a f 4 1,42,1 tpenver JJJ a it �') ti4i=F a 1,e e ,:- ▪ ' '_ 1tv }It'aeekoowledged before me this 28th day of December• . -[ jOtair IDet r(� ,V Aktr� oh 28 and T. E. GAEEAE f� i BFftliti 6TOh 28 ,1942 hums m and:Halal seat. s c�.i. r,.0 G . al• _ G{,/ sf P a3;Yi. AC 4 • /ill ' ,T, Notary troNla r v•ir 1r prraon .-.,—,-bw maws asma fie -kJ:a...-.If - pe�atn i. Ito neteent.nve .bEltlal i- - OY'•i' £attNa,{Fmgt4 O rarer s such entttr tl:omtere sa lhi➢rNdint m ocher tnbra of sac, rporntbq mm; (itrgloH- t tecY bei,tritatat. y-- c aramsr.weaplitrr--®ivo ouer ': arm-r._ : .m.rsmtit.mrtr.Ca.inn.u.ers.ss.t.g ial..s..Darer. Egi,s+y K-` Tin�i�.��... - - ..r Y and 4,7172 DATE REGISTERED DV STATE REGISTRAR ce 1.; ..E.198TATE OF COLORADO AA CERTIFICATE OF DEATH IPRYSICIAN OR CORONER) STATE FILE NUMBER DECEASED nil- RU Loco uA SFS DATE OF DEATH wOND.DAY. Rt.SELL LLOYD GURTLER aka R. L. Gurtler , male , June 12, 1986 RACE �. ORIGINOR DEXE t ('GE - I u r•OATE OF DIRER COUNT OF DEATH 1"' G-rman _, 82 ....1VT '1:.11 ' . :AV�.nric . White +• M I r• .Feb. S, 1904 Denver CIIV iOWx OP IDEATION OF DI RNI - ,IgNIAL OR DTM(R INSTITUTION-NANO en+n.N.,Ynn.mMrY.l IF HOST OR INST.Iroaxr OD.. pNnwniatie t �. D Denver ',St. Joseph O SURPIal," USEn Franklin `Inpatient N STATE OF Bonk 17.:.)TIrIOMEN Of WHAT COUNTRY MARRIED NWOACED PIi- SURVIVING MOUSE m..M.re Manrn ARMED FORCES?EVER IN U 5. l I` L-5.--)2" ' •.Ma O.DVWCIOca+.c ARMED FORCES?rvn r Nl W . Kansas - _if`S�e1,. !•Married Eva Afary Lutz I: No O 5CCIALSECUPITV NUMBER Uma,roC ej... 4..r r.,Maiffy..N RING D!{UEINESDP NIDU$iRV o 521 03 1825 ______ Fammgr N._ ~ l„ Agriculture RESIDENCE $14f COUNTY CITY TORN OR LOCATION VT SWEET ANDNUMBER INSIDE CITY • LIMO.,...... Col.orado 6w Weld ,yiudson 80642 7,,b38 Weld Co. Road 49 ,,, NO .ATMER NAME FIRE! MIDDLE ten MOTHER-NAME TIRSt TRIDENT Le TI .0 Y ,A George Lloyd Gurtler Maude Mable Gathers INTORMANi NAMf No....tTNM.I I mot INN ADORES%),NETT M.I N Vn EN.on nun. SY.I, EA ,N Mrs. Eva Mary Gurtler Spouse 1,x7638 Weld Co. Road 49, Hudson, Colo. 80642 2 BURIAL-CREMAION REMOVAL DATE*An Co Vyl CEMETERY ORC.NENATORV NAME AND LOCATION or.Ow TORN ,PATE Burial ,June 16,198 N Crown Hill CF•.„etery Wheatridge Colorado 9 FU4 Al RECTOR SAME AND ADDRESSOF FUNERAL HOME -4wtr ow A V N0 CO.,VAN.Do S ,achmanski F. H., 906 Denver Ay., Ft. Lupton, Co.8062. ( )-,,,,,,w,,,..,..0.. YSICEAN 4. "110x0514 p YI atin IT4MI.A.IN A.Ogw r UE nor JOE Ile" r RE SA NMm Pt nw.TE NOM.VYSON.I TIMC AUSAINI .. Eto Of(I awn I TT.//// \ R.1 IA INIOAMAro-V ORS DE ler05(0-To In.r(o. M Sr...,.a DATE SIGNED oxen, v. EEEVVV DATE SIGNED I.wen on.Yowl PRONOUNCED DEAD M. CN,N. Iw. )u NAME AND LOUPE OF Cf AMIE )PHYSICIAN OR CORONERIus.N..,, 4 n Dr. C ark C. frey, TT M. D., 1721 E. 19th Avenue, Denver., Colorado Cot REGISTRAR I RECEIVED Ire REGISTRAR o.n Dn 1 A IH. A, Atie e, l3- 1916 Y .AAi J 1SIT ONLY RUSE PER L FOP lel nl.✓e lap I 1 IMMf MEDIATE CA (1 �✓/S1I•• Ecl A1/2. i DUEL O AEONS WINCE F ym E ��}}jy K.W _ SI DU.T /(/( Yy!Y S�//LU�^/L///,(�1 NS\ED�UENCE OF ^ S�-SQ OTHER 5 IWCi CONDITIONS-co..ctn.... y��',W TART wnrl..l rrwwMr..n+r.Rnw AUTOPSY rOCOMOHfN��x�ENDNla x05 No No I „ U ACCIDENT,SUICIDE.HOMICIDE, DATE AHD HOUR OF INJURY DESCRIBE IOW INJURY OCCURRED T' I. UNDETERMINED PENDING INVESTIGATION. N4.O,..^ M• VI INJURY AT LYONS c vow N PEACE OF INN .,INJURY Oro. t.mc, LOCATION (STREET DI R ID RIO.CITY OA IGVN.*JAM :. •••••••••.-i^''. B 1126 REC 02067372 08/29/86 13:57 $3.00 1/001 F 0426 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO, CITY AND COUNTY OF DENVER, 55. I hereby cgr-Gift'y.-ttppgt this document is a true and correct copy of th yll t. certificate nnpps((NtulNrNte,#lld, in my custody. Issued in aid State, this / day of JUNE:1106.••1' .*• 1/� ,. ��ii v " Not valYtc t lout John A. arbaro, M.D., Director raised seal.of the�Dep A. Public Health Department, City & County of of Health'&1( pttaT :' Deer, Denve Co redo City & County oY'DMtver, I Colorado. e .J.a�. . . ,' leputy Regi rar, ita Records �, • q' PENALTY BY LAW if any person alters, uses, attempts to use or x - furnishes to another for deceptive use, arty vital records certificate. • B 1328 REC 02280091 03/04/92 16:18 $10.00 1/002 F 0062 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO III Stott Doenwntoty Fee pR2280091 PERSONAL REPRESENTATIVE'S DEED Doi '—•y,9• •-•. (Testate Estate) $ /"s-o41 THIS DEED is made by Clara Smith and Russell Gurtler, Jr. , as Co-Personal Representatives of the Estate of Eva M. Gu-•tler, aka Eva Gurtler, Deceased, Grantors, to Russell Gurtler, Jr. , whose legal address is 7538 Weld County Road 49, Hudson, Weld County, Colorado 80642, Grantee. WHEREAS, the Last Will and Testament of the above named decedent was made and executed in the lifetime of the decedent, and is dated September 11, 1986, which Will was duly admitted to formal probate on November 4, 1991 by the District Court in and for the County of Weld, State of Colorado, Probate No. 91 PR 2567 WHEREAS, Grantors were duly appointed Co-Personal Representatives of said Estate on November 4, 1991, and are now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon Grantors by the Colorado Probate Code, Grantors do hereby sell, convey, assign, transfer and set over, without warranty of title and without warranty as to condition of property, unto said Grantee, for and in consideration of One Hundred Thirty Thousand and No/100 ($13o,000.00) Dollars, the following described real property situate in the County of Weld, State of Colorado: • PARCEL I: THE S 'S OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO; PARCEL II: THE NW 15 OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, EXCEPTING THEREFROM THAT PORTION PREVIOUSLY DEEDED BY DEED RECORDED DECEMBER 16, 1970 IN BOOK 637 AS RECEPTION NO. 1558986, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF • SAID NW :; THENCE NORTH 00°00'00" LAST ON AN ASSUMED BEARING ALONG THE WEST LINE OF SAID NW ; A DISTANCE OF 95.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00'00'00" EAST ALONG SAID WEST LINE A DISTANCE OF 235.00 FEET; THENCE NORTH 90°00'00" EAST A DISTANCE OF 193.00 FEET; THENCE SOUTH 00°00'00" WEST A DISTANCE OF 235.00 FEET; THENCE SOUTH 90°00°00" WEST A DISTANCE OF 193.00 PEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM A STRI: OF LAND 40 FEET WIDE LYING ADJACENT TO AND PARALLEL WITH THE WEST BOUNDARY OF THE NW' , PREVIOUSLY CONVEYED TO WELD COUNTY BY DEED RECORDED FEBRUARY 9, 1940 IN BOOK 1057 AT PAGE 28, TOGETHER WITH ALL WATER RIGHTS WITHIN THE HENRYLYN IRRIGATION DISTRICT, ALL INTEREST, IF ANY, IN WELLS ADJUDICATED IN CASES NUMBERED W-1063, W-7443, AND W-2073 IN THE WATER COURT IN AND FOR DIVISION I, STATE OF COLORADO, AND ALL OTHER WATER AND DITCH RIGHTS APPURTENANT THERETO. • RESERVING AND EXCEPTING, however, unto Grantors all oil, gas • b 1328 REC 02280091 03/04/92 16:18 $10.00 2/002 • F 0063 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO • and other minerals of whatever type owned by Grantors lying in, under and upon Parcel I and Parcel II described above, together with rights of a:cess, ingress and ogress, to explore for, remove and mine the same. With all appurtenances, subject to covenants, easements, conditions, reservations, rights of way, oil and gas leases, surface facility grants, and restrictions, agreements and exceptions, all of record and as may exist by use, and subject to all governmental laws, rules and regulations, and subject to general property taxes and assessments for the year 1992, and subject to any dues or assessments owed by virtue of the adjudicated wells being included within any augmentation plan or organization. Grantee is not the spouse, agent, or attorney of the personal representative or any corporation or trust in which the personal representative has a beneficial interest, provided, however, the grantee is one of the co-personal representatives of the Estate of Eva M. Gurtler, aka Eva Gurtler, Deceased and is a beneficiary of said estate. As used herein, the singular includes the plural and the plural the singular. • Ex7arch , 1992. C144�: icyy7S El? Clara Smith R ssell Gurtler, Jr. as Co-Personal Representative as Cc-Personal Representative of The Estate of Eva M. Gurtler, of The Estate of Eva M. Gurtler, aka Eva Gurtler, Deceased. aka Eva Gurtler, Deceased STATE OF COLORADO ) ss. : County of Weld The foregoing instrument was acknowledged before me on March I� , 1992 by Clara Smith and Russell Gurtler, Jr. a; Co-Personal Representatives of the Estate of Eva M. Gurtler, aka Eva Gurtler, DeceasedT-.. Witness my hand and official seal. My Commission Expires: J- /L/-`/), i y //.Zrl(L �/• C ��Lv Notary Puy ib • \Gurtler.Eva\Deed.PR\GO570002\esm B 1348 REC 02300431 08/18/92 16(01 $5.00 1/001 AR23ppy31 _ F 0122 MARY ANN FEUERSTEIN CLERKS RECORDER WELD CO, CO QUIT CLAIM DEED • THIS DEED.Made this 18 day of August .19 92. between Russell Curtler, Jr. of the 'County of Weld and State of Colorado.granlor.and Russell Curtler, Jr. and Dorthy K. Curtler whose'N loddress is 7538 Weld County ltd. 49, Hudson, CO 80642 of the County of Weld and Stale of Colorado.grantees. WfrNESSETH,That the grantor.for and inconsideration of the sum tit Valuable cansid.e rations and Une Dollar — DOLLARS the receipt and sufficiency of which is hereby acknowledged.has remised.released.sold.cnrcyd andQUf CLAIMIID.and by dtma ' presents does remise.release.sell,convey and QUIT CLAIM unto the games.their heirs.alccesam,and assigns forever,not In tenancy iao:anmen,but In joint tenancy all the right.Wk.inkiest.claim and demand which the grantor has n and iodic real pmpeny, together wit a Impawements.If arty.donate.lying and bawls in the County of Weld and State of Colorado.described as follms: Parcel 1: The S4 of Section 24, Township 3 North, Ranee 65 West of the 6th P.M., Weld County, Colorado Parcel II: The NA of Section 30, Township 2 North, Range 64 West of the 6th P.M. , Weld County, Colorado • ,This Deed is issued to establish Joint Tenancy and consideration 'is under 4200 and no Documentary Fee is applicable.) also known by street and number as: NA TO HAVE AND it)HOLD the same.together with dl and singular the appaknances and privi ege%thereutas belonging twin anywise thereunto appenalning.and all the estate.right,took.hutted tied Halm whatsoever.of the stannic either in law or equity.in the only paper use.benefit and bebop(r f the grartecs.their heirs and assigns forever.The singular aumatt shall Incdutk the plural,the plan I the a ngulat.and the use of any gender shall he applicable to all genders. / lb WITNESS WHEREOF.The grantor has executed this decd on the datuset ta<at / (/ r:see ' • Russell Curtler, Jr. I . STATE OF COLORAD). County of Weld The romping inntNnenlvnsaknsvtelged before n.e this 18t day of August .1992. by Russell Curtler, Jr. My commission expires March 4, .1994.Witness my hand end rofficial seal. ` (^ ,�rl7l.Ct � s� saw,taws _Jw.44.4-1" ~jIQT r • df 4-••••• :• • Philip (:4f Bowles t,�'•. nU ►O o ' Box 299 • +'• C� <� Keenesburg, CO 80643 if'dI 4Teti. y sad." Su.W.Pa.NW. QUIT CLAIM MID IS W nor ad&wd rabadaa.1743 Wax a..limn t'0101 1'-NOON)a'1wa..NMI 111111111111111111111111111111.1111111 IMF 1111illl 2827824 07/23/1988 10:19R Meld County CO 1 of 1 R 6.00 0 0.00 JR Saki Tsukemoto 8a'! • QUITCLAIM DEED THIS DEED is made this Qbay of July, 1998, between RUSSELL GURTLER,JR. and DORTHY K. GURTLER, of the County of Weld and State of Colorado, grantors, and the RUSSELL L. GURTLER, JR. TRUST and the DORTHY K. GURTLER TRUST, whose legal addresses are 7538 WCR 49, Hudson 80642, of the County of Weld and State of Colorado, grantees, WITNESSETH,That the grantors,for and in consideration of the sum of TEN DOLLARS ($10.00),the receipt and sufficiency of which is hereby acknowledged, hereby sell and quitclaim unto the grantees all the right, title, and interest of the grantors in and to the following real property, together with improvements, if any, in the County of Weld and State of Colorado: Parcel No. 1: S'h of Section 24,Township 3 North, Range 65 West of the 611 P.M. Parcel No. 2: Lot B of Recorded Exemption No. I305-30-3-RE1080 as recorded May 11, 1988 in Book 1195 as Reception No.02140862,being a part of the SW'A of Section 30, Township 2 North, Range 64 West of the 6'"P.M.; together with all water and water rights,ditches and ditch rights, wells and equipment used for irrigation of said lands,including, but not limited to,irrigation well numbers 6288F and 13829, and together with all waters derived by the inclusion of 78.88 acres within the Henrylyn Irrigation District. • IN WITNESS WHEREOF, The grantors have executed this deed on the date set forth above. R SELL GURTLE , JR. DOR'rHY0K. GURTLER STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this nit day of July, 1998 by RUSSELL GURTLER,JR. And DORTHY K. GURTLER. WITNESS my hand and official seal. My,.eommission expires -1- aS-..)0(X) s..15 .:r�Loulpy :." r v t u�2t :fi e-a : ,.T Notary Public s:°Ue�AG t • . F" r,''',t to =` 2` :v 0 J P:\OHONGIIRTLER\QrD fj•ri� (p Ir^ N I i A l l l l 111111111111111111111111111111111111111111111111 3197211 07/0812004 04:29P Weld County,CO 1 of 1 R 6.00 D 0.00 Sleve Moreno Clerk&Recorder • QUITCLAIM DEED 2i THIS DEED is made this Al day of June,2004 between the RUSSELL L.GURTLER, JR. TRUST, of the County of Weld and State of Colorado, grantor, and the RUSSELL L. GURTLER,JR.FAMILY TRUST,whose legal addresses are 7538 WCR 49,Hudson 80642,of the County of Weld and State of Colorado,grantee, WITNESSETH,That the grantor,for and in consideration of the sum of TEN DOLLARS ($10.00),the receipt and sufficiency of which is hereby acknowledged,hereby sells and quitclaims unto the grantee all the right,title,and interest of the grantor in and to the following real property, together with improvements,if any,in the County of Weld and State of Colorado: Parcel No. 1: S%of Section 24,Township 3 North,Range 65 West of the 6th P.M. Parcel No.2: Lot B of Recorded Exemption No. 1305-30-3-RE1080 as recorded May 11,1988 in Book 1195 as Reception No. 02140862, being a part of the SW% of Section 30, Township 2 North,Range 64 West of the 6th P.M.;together with all water and water rights,ditches and ditch rights,wells and equipment used for irrigation of said lands, including,but not limited to,irrigation well numbers 6288F and 13829,and together with all waters derived by the inclusion of 78.88 acres within the Henrylyn Irrigation District. IN WITNESS WHEREOF,The grantor has executed this deed on the date set forth above. • RUSSELL L.GURTLER, JR.TRUST By '�c.P5JL YC .eiL. iab-t-, DORTHY Ii(.GURTLER,Trustee STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this a`Jttaay of June,2004 by DORTHY K.GURTLER as Trustee of the Russell L.Gurtler,Jr.Trust. WITNESS my hand and official seal. My commission expires COMM C4 EM)all F Notary Public NOTAR`( '.P.` - •sn:w..o i FIGHOGURrtEMCD..wpd G•c O = . �`• pUBLI v . It •Qr , Cpt,,,,.�f ,.,...lHiit,,,,o Hello