The URL can be used to link to this page

Browse Search

Home My WebLink About20071614.tiff F CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Transnation Title Insurance Company 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 Southwest 1/4 of Section 11, Township 2 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): Reception No. 1519098 Book 597 Reception No. 2057845 Book 1116 Reception No. 2320653 Book 1369 Reception No. 2330303 Book 1380 Reception No. 2585769 Book 1638 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 Transnation Title Insurance Company is hereby limited to the fees paid for this Certificate. In Witness Whereof, Transnation Title Insurance Company, has caused this Certificate to be signed by its proper officer this 14th day of September, 2006, at 7:00 am. Order No. TNWS0001150 Transna Title I u nce Company B _ y _.. Authorized Signature 2007-1614 J i ,r Q /`�' .l' OD e000 Recorded at DO ._...o'clock_AJL,....._..._..._J U L_.2 9.196 run .r .- M- 59 1 Pse.won No 151.9.0.9.8......___:19.t. SOME --Raeoria. - a— \ RECORDER'S STAMP L - THIS DEED, Made this 18th day of June — - I ' in the year of om Lord,one thousand nine hundred and sixty-eight O . between THE IONE INVESTMENT COMPANY ' • ' • a corporation duly organized and existing under and by virtue of the laws pal of the state of Colorado of the first part,and TEE IONS CD LAND AND Gnus COMPANY . Cr* a corporation duly organized and existing under and by virtue of the laws -'" vd of the State of Colorado of the second part; in v"f WITNE8aETH,That the said party of the filet part,for and in considenton of the sum of IMO , - - Ten Dollars and other good and valuable consideration * * * gNNOINNIM ea _ to the said party of the first part In hand paid by the said party of the second part, the receipt whereof is hereby e ccnfesaed and acknowledged,bath granted,bargained,sold and conveyed, and by these presents does gran. bargain. As sell,convey and confirm, onto the said party of the second part,its successors and assigns forever,all the following O-'r.' described or parcel situate, being a of land, lying and bei in the County of Weld 0, and State of Colorado,to-wit: O 'The Not'theeet ono-quarter '(NE-1/4) and Southwest one-quarter (SE-1/4) ' - of Section 8; the North one-half (N-1/2) of Section 9; the South one- gMe I half (S-1/2) of Section 4; the South one-half (S-1/2) of the Ntrrh-act l---,-- ,-..-P' ( one-quarter (NE-1/4), the South one-half (S-1/2) of the North one-half !` ' (N-1/2) of the Northeast one-quarter (NE-1/4). the South one-half (S-1/2) a - ' of the Northeast one-quarter (NE-1/4) of the Northwest one-quarter (Lnt-1/4) 1 and the Southeast one-quarter (SE-1/4) of the Northwest one-quarter NWA-104), ' ,bi,1;' .,w:y-i all in Section 18; the East one-half (E-1/2) and the North one-half (N-l/3) } f +)f i of the Northwest one-quarter (NW-1/4) of Section 10; the Northwest one'- :1;.,.)g..7.47M4:,..,.JI quarter (NW-l/4) of Section 17; all of Section 3; all of Section 11; all of •pg. ` y; Section 15; the East one-half (E-1/2) and the Northwest one-quarter (EGO-1/4) k - cyci-Ar,y : of Section 2, and that parcel of land located in the Northeast one-quarter ,y. e' v- wq (NE-1/4) of the Southeast one-quarter (SE-1/4) of Section 7 more particularly • '.., ,,,,,,,t...„, ' - Commenbod as follows; k - '� '' Cosweneing at the East one-quarter (8-1/4) corner of Section 7. Township 2 r ^u "':.,44 North, Range 66 West, thence West in the East and West Sae-quarter(E sad g r;..., Y i +^ r°% 1/4) line of said Section 7, 68 feet to the East line of the right-of-say of the Union Pacific Railway Company. theses Southeast along the East line e`y f' +'i w,r of said right-of-way to a point on the east line of said Section 7. 418 feet ,1igt 3`� -"., South of said East one-quarter (E-L/4) corner of said Section; thence North a ''' ` ,;riem along the East line of said Section 7. 418 feet to the place of beginning, 4 �, ;4 ,ti; all of the above described property being Located in Township 2 North, e4,15!,Z "1' .. ,. Range 66 West of the 6th P.H., -CYi „ u`s4 and ":",.:,''' ',...,:.,E,' + ,r,r.,i The East one-half (E-1/2), the Southwest one-quarter (S8-1/4). and the East ,`„,i,.t« :. - 'tti t one-half (E-1/2) of she East One-half (E-1/2) of the Northwest one-quarter ,fp ' (NW-1/4) of Section 35. Township 3 Sneth. Range 66 West of the 6th P.H., r. .• ”+";'_, 'A together with all drainage. ditch and water rights appurtenant to said land i:,at, ,t including 141 shares of the Fulton Irrigating Ditch Company, 3-1/4 shares i'>-' y 'e F .t of the Platteville Irrigating and Milling Company, and 32 shares of the �y'te�rya Er t to,+ 4 ' Fulton Extension Ditch and Reservoir Company. —_ I 4..t r r " - ---rrr444 iac. t� • _ r / .� • • I ., ri ' ;1'1; - ' '-''''. . ft 1513498 fi. ,� ' b°°� 59'7 A.-a. r TOOSTHER, with all and singular the hereditament, and appurtenances thereinto belonging. or in anywise ;. I appertaining,and the reversion and reversions, remainder and remainders, rents. issuesend profits thereof; and all the eslata right, title, interest, claim and demand whatsoever of the said party of the first part. either in law or I . a equity of.in and to the above bargained premises,with the hereditament,and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances lento the said party of the second part,its successors and assigns forever.And the,aid The Ione Investment Company .L' - ICI .- u5. party of the first put.for itself, its successor,and assigns.doth covenant,grant.bargain and agree to and with the 5 said party of the second part,its successors and assigns,that at the time of the enwWrg and delivery of these pres- . .� s nits it is well seised of the premises above conveyed, as of good, sure, perfect, absolute and ladafeas@N estate of inheritance, in law, in fee simple, and lath good right. full power and lawful authority to grant bargain,sell and ' 1 convey the same in manner and form aforesaid, and that the some are free and clear from all former and other grants.bargains.sales,liens,taxes,assessments and incumbnunes of whatever kind or nature saner; except mineral and other reservations contained in patents and deeds, easements, rights - . of-ways, conveyances to The Department of Highways and conveyances for ditches, _ all being of record, and except reaapl.pgroperty taxes for 1968 and subsequent years ; i i £t • g tjueSnfdn r oi oa g"tallis,Saplidgne Dank o£ Greeley, Trustee, and tr6ses >;arga�n prem4 in e Kd peaceable posse m NrthvB7d party of the sexed part its sic. censors and aWrys against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,The said party of the first part bath caused its corporate name to be bereanto sub- scribed by its president and its corporate seal to be hereunto diked,attested by its - secretary,the day and year first above written. Attest: A THE I DIVES (XDIRANY grangers7 {.v\ .g� STATE OF COLORADO, F C4,-.‘l f' N ,tj ' /-*",/-*", sa_c3.4.Y_ —_Ommty of�_DIVIREL.___ }t'r y�aThe foregoing instrument was acknowledged before me this /8-a- day of June 1q�( 3 A: "; 19 ,t1; ,George E. Cannon as se•. S et±md i. : i _ q A.lise,,,. Drown W. Cannon as 'e' ,.,,bb fr t.... e:k fr' pfystment Company. a Colorado corporation. ;404laeom'= • fr, o of NOTARY ys My notarial commission aspires ,�u.y es p .t, aq 9= Witness my hand and // P sleer,Puna ,'') er Na 7{y.W1ax1D�r Dgm-C,nrtur+Y catharses. —sMford•Mwe PAM=Osman.WSJ'abut Sweat,Dewar.0,Ia.ds Y ..l V� Wit. • • • y �..- f pit;: • .. l \ AR2057845 Reeor4 B 1116 REC 02057845 06/19/86 13:44 $6.00 1/002 F 2074 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO . THIS DEED, Made this 31s t day of March ,1986 ,between _ THE IONE LAND AND CATTLE COMPANY I/ a corporation duly organized and existing under and by virtue of the laws of the State of Colorado,of the first part,and Cannon Land Company, a Corporation duly organized and i=s existing under and by virtue of the laws of the state of Colorado, cm • whose legal address is 36 Steele Street, Suite 250, Denver, Colorado 80206 of the City and County of Denver and State of Colorado,of the second part, CO WITNESSETH, That the said party of the first part, for and in consideration of the sum of Ten Dollars and other consideration ($10.00) --- DOLLARS, to the said party of the first part in band paid by the said party of the second part,the receipt whereof is hereby confessed and acknowledged,bath remised,released,sold,conveyed and QUIT CLAIMED,and 0 0 by these presents doth remise,release,sell,convey and QUIT CLAIM unto the said party of tlj m to C m — second part,itS access a[titasigas forever,all the right,title,interest,claim reel�S � anddemaand which thr ] al ^., . said party of the first part hath in and to the following described with all iscraeraltS situate,lyingl�, c n ...; co , and being is the county of Weld and State of Colorado,to-wit: ca O ? Section Township Range ALL 2 2 North 66 West• All 3 2 North 66 West Si 4 2 North 66 West All that part of the SE} lying east of 7 2 North 66 West Union Pacific Railroad in 8 2 North 66 West NE},SW} 9 2 North 66 West N 10 2 North 66 West E , N}NW} 11 2 North 66 West All 15 2 North 66 West All 17 2 North 66 West` S4N}NE}, S3NE}NW}, SE}NW}, S4NE} 18 2 North 66 West p` E},E4E4NW,SW}35 3 North 66 West Total Acres - 4,781 Together with any and all water rights appurtenant,06pecifica4,1013 % including 142 shares in the Fulton Irrigating Ditch Company and 3} shares in the Platteville Irrigating and Milling Company; together with any underground water wells and other water rights pertaining to the subject property, although not appurtenant; and "r specifically including all rights of the grantor to Two Lakes, both with adjudicated storage capacity, to-wit: (1 ) Mose Davis µ1 with an adjudicated right of 525 acre teet; and (2) Mose Davis #2, with an adjudicated 153.53 irrigation wells which are adjudicated for over 100 feet; and two gallons per minute each, 4 domestic wells, and all rights associated with a water right of 100 acre feet of developed -i water. 1 • s No.108.OUR CLAIMDaeD.--c.Tnaw Fa—BMIo,LaOMme PAaaaa Cmouf.1H4,1 Bout Street.Deem.Colorado-7.N B 1116 AEC 02057845 06/19/86 13:44 $6.00 2/002 F 2075 MARY ANN FEU£RSTEIN CLERK & RECORDER WELD CO, CO • TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi- leges 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, its successorsand assigns forever. IN WITNESS WHEREOF, The said party of the first part bath caused its corporate name to be hereunto subscribed by its President,and its corporate seal to be hereunto affixed,attested by its • Secretary,the day and year first above written. / ! \ I THE IONE LAND CATTLE ANY, -SEAL , d Sndd4_.. . tion By—� • rewtaem. .. Attest ?-1/11 ,iielie182•1/ Brown W. , Jr. sw,wao. STATE OF COLORADO, 1 • City and County of..._ Denver J u. s. The foregoing Instrument was acknowledged before me this J� day of AL, e G. . 19 86 by George R. Cannon as President and Brown W. Cannon, Jr. as Secretary of The Ione Land- and Cattle Company, a corporation. ... My notarial commission aspires IL 7 62F . Witness my hand and official seal. c,, , .. .. `� Not.,,PvN4. • a "2321.3"3B^69 REC 02320653 02/04/93 10:23 "- $5.00 1/001 P 21 MARY ANN,PEOERSTEIN CLERK i RE )ER WELD CO, CO ,..� Quit Claim Deed THIS DEED,made this r'�T day of February,1993,between Cannon Land Company,a Colorado corporatbn, 36 Steele Street, Suite 250, Denver, CO 80206, as Grantor; and Cannon Land Company,a Colorado corpora[ion,36 Steele Street,Suite 250,Denver,CO 80206,as Grantee. WITNESSED",that the Grantor,for and in consideration of the stun of TEN DOLLARS,the receipt and sufficiency of which Is hereby admowledged,has remised,released,sold,conveyed and QUIT CL4ThIED, and by these presents does remise,release,sell,convey and QUIT CLAIM unto the Grantee,its shams and assigns,forever,all the right,title,interest,claim and demand which the Grantor has in and to the real property,together with improvements,if any,situate,lying and being in Weld County,Colorado,speeifealty described as follows: Township 2 North.Ranee 66 West,6th P.M. Section 11:SV2SW14 TO HAVE AND TO HOLD the same,together with ail and singular the appurtenances and privileges thereunto belonging or in any way thereunto appertaining,and all the estate,right,title,interest and claim whatsoever of the Grantor,either in law or equity,to the Grantee,its successors and assigns forever. IN WITNESS WHEREOF,The Grantor has executed this deed on the date set forth above. T: /� . ATTEST: JC � � � CANN�` w,,il . Ma tt.Secretary :Town W. a��r^,.rT • ..•��.�!. Chh,n,,,Ml.. • STATE OF COLORADO ) ) ss. CITY&COUNTY OF DENVER The foregoing instrument was actatowledged before me this L day of February,1993,by Brown W. Cannon, Jr. as President and Margaret Cannon as Secretary of Cannon Land Comp4ny;'atol,,.tb corporation,on behalf of said corporation. r 3 f e Witness my hand and official seal. A/^/ My commission umpires �IIL. /e//,d.9E99r Nofary.Publie . 2567334 B-1624 P-653 09/04/1997 04:21P PG 1 OF 6 REC DOC N Weld County CO JA Suki Tsukanoto Clerk & Recorder 31.00 SECOND AMENDED GAS PROCESSING FACILITY LEASE THIS AMENDED GASPROCESSINUFACILITYLEASER.made and-entered into this 2nd day of September, 1997,by andbetween CANNON LAND COMPANY,a Colorado corporation,36 Steele Street, Suit 250,Denver,CO 80206('Cantos"),as Lessor;and NORTH AMERICAN RESOURCES COMPANY, a Montana corporation, 16 East Granite,Butte,MT 59701('Narco'),as Lessee. BACKGROUND Under date of Jamey 15,1993,the parties hereto entered into that certain Gas Processing Facility Lease(the "Lease'), which Lease is recorded inBook 1368 under Rec.No.2319633 of the real property records of Weld County, Colorado. The parties entered into that certain Amended Gas Processing Facility Lease (the 'Amended Lease')under date of July 10, 1997,which document is recorded in Book 1616 under Rec.No. 2558265,by which the parties increased the size of the lands covered by the Lease and restated the Lease. Narcolru requesteddat.Camonnm..amethtAmendetGaa.PrecessiogFacilty Lease to increase the size of the leased area to 25 acres by adding the SW S4SE%4SW S4 of Section 11, Township 2 North,Range 66 West,Weld County,Colorado,to the lands covered by the Amended Lease.Marco has fully compiled with the terms of the original Lease and Amended Lease,and the parties desire to amend and restate the Lease and Amended Lease in their entirety.This second amended and restated lease shall be hereinafter referred to n the'Second Amended Lease'and it shall,upon becoming effective,supplant and replace the original Lease and the Amended Lease from that time forward. SECOND AMENDED LEASE 1. Gent-ofFenno- Cannon-,formtiaw®deration-ofthecoven rats herein contained;the-sufficiency of which consideration is hereby confessed,hereby grants,demises,leases and lets exclusively unto Marco the lands dumbed below for the pupae of constructing,maintaining and operating a facility for the processing, compreaes and transmission of natural gas(and liquids extracted from natural gas)produced from wells in and amuod Weld Canty,Colorado,together with all rights,privileges and easements necessary or convenient for Nano's operation of such facility, including, but not limited to, the right to construct pipelines, frae6onatingequipnnent,compressors,control-nation,access roads,power lines,-office-buildings and_other improvements; Township 2 North Range 66 What 6th P M Section 11: SES4SWUSWSA,VANE S4SWS4SW'4,and SW%SES4SWA,containing 25 acres, more or leas,and mare accurately described by metes and bounds as follows:A tract of land in the SW S4 of said Section 11 described as beginning at the SW corner of add Sector 11,thence N.88°58'08"E.662.91 feet to the True Point of Beginning, thence N. 00°01'52' W. 990 feet; thence N. 88°58'08' E. 660 feet; thence S. 00°01'52'E.330 feet;thence N.88°58'08"E.660 feet;thence S.00°01'52"W. 660 feet;thence S.88°58'08'W. 1,320 feet to the True Point of Beginning. 2.. TERM.Subject to the other provisions herein contained,this lease shall remain in force until March 31, 1998,and for so long thereafter as Marco pays to Cannon the rentals described below. 3. EnSI and Tax Payments. a. The amounts of the annual lease payments('rentals")shall be the amounts set forth on Exhibit A attached hereto.The due date for rental payments shall be March 31 of each year,which shall be considered the anniversary dabs of thir lean. Exrxpl-forthepen tfromthe-date-ofexecudon-ofthis-Amended-Lease- through March 31, 1998(discussed in Paragraph 6,below),all rentals paid on March 31 of any year are in payment of the next 12-mon h period. By way of maniple,the payment due on March 31, 1998 shall continue the lease for one year and cover the rental from April 1, 1998 through March 31, 1999. b. Narco shall pay all ad valorem taxes assessed against all of the lands covered by this Lease, as amended, for the 1997 ax year(due and payable in 1998)and all subsequent years that this lease remains in effect. Marco tall ask the Weld County Assessor separately to assess the 25-acre parcel for ad valorem taxes and to mail the tax notice directly to Narco. Lf,however,the Assessor refuses to separately assess the 15-acre parcel or ends the tax notice to Cannon,then Cannon shall mail Narco a copy of the paid Weld County Tax Naha for the property along with an invoice for the taxes attributable to the total 25-acre parcel,and Narco shall pay such invoice within 30 days after its receipt. 4; !lore ofP+y,rntr Rental-payments may be made either-by Narwdedivermg-a check-to-Cannon;or- by Marco depositing a check payable to Cannon in the U.S.Mail,addressed to Cannon at the above address or at such address as Canon shall hereafter provide in writing to Marco,on or before March 31 preceding 2567334 B-1624 P-653 09/04/1997 04:21P PG 2 OF 6 the 12-maoth period for which each rental is being made. Thereafter,annually,in like manner and upon like payments or tenders of the rentals,this lease shall be maintained in full force and effect. 5. Caving flaw— If Marco fails to timely make a required annual lease payment(or a real property tax reimbursement as described in Paragraph 3.b),Cannon shall notify Narco by certified mail of such failure. Shedd Marco,within 30 days of receipt of each notice,fail to mail or deliver the required payment to Cannon, then this lease shall terminate as to both parties, subject to the rights of Marco to remove its equipment as elsewhere described herein. 6. pats i[BeriadPIDtdsio r The parties recogehe that Marco,prior to cemnencing expansion of its current facility,must first obtain(I)an Amended Use by Special Review from Weld County,Colorado to permit the expanded the for which this Amended leas is granted,0i)an amended or new permit from the Colorado Air Quality Control Commission,and(iii)other required governmental permits,subdivision exemptions,licenses and documents.Therefore,Marco shall pay Can the sum of 59,000 as consideration for the granting of this Second Amended Lease and additional rental through March 31, 1998,but shall not owe Cannon said$9,000 unless and until all necessary permits,exemptions,licenses and documents have been obtained. Marco agrees to promptly apply for,and diligently pursue,all such permits.In the event any permit which Marco considers necessary for the expanded facility is denied,or if Marco elects not to proceed with expansion of the proposed facilities on the subject lands,then(I)this Amended Lease,upon notification in writing to Cannon by Marco of such election,shall terminate and be of no further force and effect,(ii)Narco shall owe Cannon the sum of 53,000 as consideration for execution of this Second Amended Lease,and(iii)the original Lease shall continue in full force and effect. Within 30 days following the date on which Marco receives the last required permit,license or exemption ter-doameoti Norco-shall pay Cammtlie-$9,000 of the-consideration-and-additional rentaldue-for the-period from the execution of this Amended Lease through March 31, 1998. 7. o.TmS Malt: Marco loll not be obligated to commence or centime any operations during the term of this Second Amended Lease,but may at any time surrender this lease and be relieved of all obligations thereafter accruing by recording and delivering to Cannon a release;provided,however,that Marta shall be obligated promptly to restore the premises as near as practicable to their original condition and to remove all of its equipment and fixtures. Narco shall remove and replace any contaminated soil,and shall reseed the premises with appropriate natives grasses to ensure permanent vegetative cover. Marco shall be solely responsible for ensuring that the leased land is restored in compliance with all applicable environmental protection laws then in effect B. Damages; The initial conaWeration paid for this Amended Lease includes payment for use of the additional land and for damages to Cannon's land occasioned by the expansion of the existing facility; provided,however,that Marco shall pay for or repair damages caused by Marco's operations to any structures or similar improvements now on the lands covered by this Amended Lease and for any and all environmental damages caused by Marco to the lands herein leased. 9. Fencing; Marco dull construct and maintain a chain link fence,at least six feet in height,around its expanded facility on the leased land. 10.Tara; Marco shall be solely responsible for payment of all ad valorem,personal property and similar taxes levied against the property of Nano which may be constructed or placed upon the lands herein leased to Marco. As discussed in Paragraph 3.b,above,Marco shall pay(or reimburse Cannon fa)all ad valorem taxes levied against the lands herein leased to Marco. 11.llogpmeo RemmOl: Norco shall have the right at any time before or after termination of this lease to remove all or any part of its equipment,fixtures and pipelines on the leased lands. 12. Water Well Upon abandonment of the facility aid if requested by Cannon,Marco shall transfer the water well drilled by Marco on the leased lands, together with all pumps,plumbing, aid electrical fixtures, to Cannon,provided that Cannon first posts any necessary bonds aid assumes all liability for such well and WWPmene 13:puriplianre-with T avnr All operationsShall-be-performed-in-subaandd compliance with all rules; regulations and orders of the Environmental Protection Agency, the Colorado Oil and Gas Conservation Commission, the Colorado Air Quality Control Commission,and all other governmental agencies having jurisdiction. n -2- 2567334 8-1624 P-653 09/04/1997 04:2W PG 3 OF 6 14.baslemnillagoll Narco agrees to indemnify and hold Canon harmless from and against all claims, actions, causes of action,damage"and injuries to persons or property,including without limitation those relating to environmental protection,which may arise out of operations conducted by Nano or its assigns on the leased lands; provided, however, that if Cannon, under the provisions of Paragraph 16, below, has obtained-reasonably satisfactory indemnity-or bonding from the proposed-assignee-and consents-to the - a igr®ent of Narco's interest,then Marco shall be released front all liabilities contained in this Paragraph 14 arising from activities after the date of Marco's assignment. The indemnity of Narco herein contained shall survive any assignment as to all claims arising out of activities under this lease prior to the date of Marco's assignment 15. Agent non: No change in owrathipofCamlainta .(by asvgnmentoo otherwise).shall. he binding on Marco until Narco has been furnished with notice,consisting of certified copies of all recorded instruments or documents and other information accessary to establish a complete chain of record title from Cannon,and then only with respect to payments thereafter made. No other kind of notice,whether actual or content-five,shall be binding on Marco,and Marco may continue to make rental payments precisely as if no change had occurred. No proms or Mum division of Cannon's ownership as to different portions or parcels of said land dull operate to enlarge the obligations or diminish the rights of Marco,and Narco's operations may be conducted without regard to any such division. 16.Adg.mem.hy.Harm; A material consideration for this lease is the financial stability and reputation of Marco;and anyalign entofdais-leasee-(eacept-b-a-wholly-owiedsnbidiary-otMontawrPower Company) shall be expressly subject to the prior written cement of Cam"which Cannon may deny only if the proposed assignee fails to establish to the reasonable satisfaction of Cannon its financial and technical capability to perform its ohiigatim(mfiding,but not limited to,those relating to environmental protection and indemnity) under this lease. Marco's assignee shall serous all obligations hereunder and shall furnish an indemnity or bond satisfactory in the reasonable judgment of Cannon, at which time Cannon shall then consent to the as.gnncnt in writing and release Marco from all further obligations under this lease. Following approval of such aesigmmem,Marco shall finish Cantu with copies of all instruments of transfer. Any attempt to assign without prior written consent of Cannon shall constitute a material breach of this lease and shall be cause for immediate ranrellation by Comm 17. Prnc using of Cannon Royalty flan In the event Marco shall process gas for third parties(gas which is "` not owned or controlled by Marco)at the facility it constructs on the leased premises,Cannon shall have the option to build,at it sole cost,risk and expense,aline to deliver royalty gas of Cannon to the Marco facility, and Marco shall prose.such royalty gas on the same or similar terms and conditions as granted by Marco to third parties. In the event Cannon desires to exercise this option,the parties shall enter into a gas processing agreement similar in form and substance to those which Marco has with other third parties. Cannon's right to take royalty gas in kind must be established in each concerned oil and gas lease; this paragraph is rot imended to afford Cannon any right to tale in kind. This option is personal in nature,extends only to Cannon, and may not be sigma to any other party;provided,however,that if Cannon builds a pipeline to the facility and royalty gas is bring processed at the time Cannon assigns this lease,then Marco shall continue to process such royalty gas as Marco is processing on the date of such assignment. 18.Warranty and&irnpgm; This lease is executed by Cannon without any warranties of title,express or implied. Norco at its option may purchase or discharge in whole or in part any tax,mortgage or other lien upon the premises herein leased to Marco,or may redeem the same front any purchaser at any tax sale or adjudication,and shall be sebrogated to the rights of the holder thereof. 19.Powers of Attorney and Porter Aam+ranree• Cannon,and is successors and assigns,enmities of convenience,hereby make,canatitute an appoint Narco,and any employees,agents or representatives of- Marco,as Carom's sass and attmey►n-facto do all things the Cannon might do,to obtain any necessary permits, licenses, subdivision exemptions (or amendments thereof) and similar approvals or consents in connection with activities conduced unease this Second Amended Lease.A copy of this Second Amended Lease shall be as valid as the original for purposes of proof of the powers of attorney herein granted. Cannon agrees to promptly execute such instruments and documents as Marco may deem necessary or convenient to obtain any permit,license,subdivision exemption or similar consent from any governmental agency. 20. &diega: All headings herein are for convenience and shall not be considered when construing any of the provisions of this lease. 21. CJmlemarb,Tide inaltnnent may be executed in counierparta each of which shall be deemed an original, but both of which together shall constitute last one and the same instrument. -3- 2567334 8-1624 P-653 09/04/1997 04:21P PG 4 OF 6 22. Bindipaffact. This lease shall be binding upon and inure to the benefit of the parties hereto,their successors and snips. IN WITNESS WHEREOF,this instrument is executed as of the date first above set forth. ATTEST: CANN � Pre� � `7`. Lary Brown W.Ctnoo�,Jr.,President ATTEST: NORTH AMERICAN RESOURCES COMPANY by: Mary M. Crowe,Assistant Secretary James J.Benner,Vice President DENIS'. A. ROSSMAN STATE OF COLORADO ) NC ARY PUBLIC -r� �• rSTATE <`P COLORADO COUNTY OF -lpGn ,.,,a. essad, The foregoing instrument was acknowledged before me this 3 A-day of September, 1997,by Brown .^•. W. Cannon,Jr.,as President and Margaret Cannon,as Secretary,of Cannon Land Company,*Colorado corporation,on behalf of aid corporation. Witness my hand and official seal. // nn My commission expires: �(//.., .a - LC• / .,.� �`dK�99 Notary Public STATE OF MONTANA a. COUNTY OF SILVER BOW ) The foregoing instrument was acknowledged before me this_day of September, 1997,by James J. Benner, as Vice President,and Mary M. Crowe,as Assistant Secretary,of North American Resources Company,a Mona=corporation,on behalf of aid corporation. Witness my band and official seal. My commission expires: Notary Public -4- • 2567334 B-1624 P-653 09/04/1997 04:2IP PG 5 OF 6 22. Rising Effect. This lease shall be binding upon and inure to the benefit of the parties hereto, their successors andaaeips. IN WITNESS WHEREOF,this instrument is executed as of the date first above set forth. ATTEST: CANNON LAND COMPANY by: Margaret Cam,Secretary Brown W.Cannon,Jr.,President • ATTEST!', NORTH AMERICAN `"4.t • RESOURCES CO Gur,xc- '"sa e,Assistant Secretary 'James J.Benner,Vice President AQ I f STATE OF COLORADO so. COUNTY OF The foregoing instrument was acknowledged before me this day of September, 1997,by Brown W. Cannon,Jr.,as President and Margaret Cannon,as Secretary,of Cannon Land Company,a Colorado corporation,on behalf of said corporation. Witness my hand and official seal. My commission expires: Notary Public STATE OF MONTANA ) ss. COUNTY OF SILVER BOW ) The foregoing instrument was acknowledged before me this L.-day of September, 1997,by James J. Benner, as Vice President,and Mary M. Crowe,as Assistant Secretary,of North American Resources Comppny,a M 1ana corporation,on behalf of said corporation. WitIshigi band and official seal. t My dH r/ CIFNotary Public . .. µ0w,• -4- 2567334 8-1624 P-653 09/04/1997 04:2IP PG 6 OF 6 Exhibit A RENTAL DUE DATE RENTAL AMOUNT Execution of Second $9,000 Amended Lease(subject to the provisions of Paragraph 6 of the Amended Lease) March 31, 1998 $15,381 March 31, 1999 $16,150 March 31,2000 S16,958 March 31,2001 $17,805 March 31,2002 $18,696 March 31,2003- - 514,630. March 31,2004 $20,612 March 31,2005 521,643 March 31,2006 522,725 March 31,2007 $23,861 March 31,2008 $25,054 March 31,2009 $26,307 March 31,2010 527,622 March 31,2011 $29,003 March 31,2012 $30,453 March 31,2013 $31,976 March 31,2014 $33,575 March 31,2015 $35,254 March 31,2016 $37,016 March 31,2017 338,867 March 31,2018 $40,810 March 31,2019 $42,851 March 31,2020 544,993 March 31,2021 547,243 March 31,2022 $49,605 March 31,2023 and each March 31 thereafter,the prior year's rental amounttplus 5%. Sl%T:14.. $ •frob - .n u 11. o T t d i ♦ 5$ on t 3 ',Of... 7.-242 m m o°°§g •E C O N i"Si .$ 6 G as _ 2 O N a 5 b5 . $g , N c� ++ IjU] M) $8` pi0 6 a$' i c°6 Leo° 0�5 Z U• J a ¢ om £d e-65-ii 5a b ° 0 6 5 I E c p N ; I- w w x ig F - gas Fy Sfg f v i z �U $� m' n AO$ \ P Wb1}il - 5a c 019 w' W vvi t A` Y °"a E E. 6^g °2 a N W $ ¢NC cs �= 4. Q9, t "£5 b S .°05 $a. % € �' mo • o li ��s ' °ea 8 h S ri EE �£a w 11.1 el c g 50 $a2,n z o E A0 1i:ii o ^%a i i, a it a ill i$ in P6a ' . • k 856 ' I .. s ':.—E a t''sa a ma F •€66a � . S2'_- oud- 6 S E ; • -"<li is gt 6e og os3 5 0 w ! $m 89$_a 6 g aW ° e $ g $1.EC 2E3 6..$ :se 8 6 ° E p� E r cr Q. j �° Rrcsg �i u €:= 3 � gE G a 6 cagc e`b_ v nF 1O Ira 'J' E# d ,5u �p s 85e5 a€ z °xs c 6 m 61-'' Oacb02004za e. p p+ I P 0 O t 1.4-9S T/,9•°',.//002.9.----. w 0) w J m d 5 ce N a 4 4 O « • Z v 8 0 0 R:.- p d z _ 9 " ON Q m O V W b O Q ~ N8 _1 W iV Lek 3 W `. r W M X mo W s� fn 2 N O N / U W N /// €�8 s z m /y wg • _, OcOi 4. W I' �C;. - J _I h i N OC—0• .^- 11 Iii W N� 2 FF-- o m z Cr Z U M N O L QNS w m Y l l K S O k, Y J 2 ki r •r ,C0.029 '3„24,10•001d II W o 4 2 2 ..o (f m <u s OO. ..qt S 0 m O a 6 42 0 i 2 a z� m a y J 4 _ a 0 2 r 0 VVi o w \ Q M °J o w VI h o 'M99'9 .Q.-..m. =(... v LL oa N ~ g ) zzpa z N He VI O 0 0 a I - in 0 a $ • • w 10 . \tt _ 0s ID 'We s. Nx 11 km A • ,-, _ 'rte/da a o w * �\ k s� 3 f pN --'u pOtE9 'M„ZII.IOa00'N r.II i Y • .°z - I- .N w N O Z .. 0a QE V el J n m m J N mh. 1p 01` mb O0 Q M Z 0 fn 2 N 4 o 04 v4 8 O W t 0o f • n N0o n o 0 a N 0 F o m m o O LL m 4. .. Z U 0 /ye0 -' / y Z O 1 O et • • • N a 0 ri o c -flit, b fr 1E try n°p°o € $�°e ! Q a Z m n$E 3 a Z oo m a 13' 52 Q. bug ui o 9 ��¢ 6 $5E 'LIE •- E.)Zp �+ Z c €g 5$Y Uj9 $ Um0 O E$ 4E of- d'Oo z e c g$ X4 ,1° ayy�'su 5uyp -1 0 = S - ..s ,i'F8 B.8. t,,,,- ccFU &¢ rr 0 a Jam" G$$9g ■a gE .tiro. 00 c .>--ict T °.9> cfr O21- W Z 8 :m cafr2. .. v ›-I-La o ;go �$ 5r fr'E b °as oxela 0 a0 aac, o kfrcad 03� xl'u r .. (Cu2¢ g 2 . 8 �o fi WW rnZ58n s3 go $ 308 93 m t- En - Sm O ZW m 82, iL �$ '� o f N N E EA m O93 U0 bs v'r ugb 5'n _. $` o'r. $E$ WW 3� o W PO w HIIUH g, �e� .. $ b n . 3m S `fr°rQ�uc i� 3, o c' fr xq o€ $.c'$° 3ogo "I ce ,%la o` g 1 �'3nz°8 �6 o d. S , `5 12 X v 024 CPI t6E: r Z>8 61-2-' li =$fro "d a 8 c `a H !IH rigF "" F$$$9 :e <b fr E ,, b o o n L i rCC g u C°h \3E i .9 I.c o 2 <b1EOSm b$5n _v '.9 $q E r0 „ E 8jai gg�" �l' fr m o fr \ W- - 8 fr �mi -t2 'o � it ofioe c sa o'6 o <<m 22g2 �_ SSa` o: ou�_ o u �� S a� �S i z z ° za EE Ts ✓ 611,,, R CD AV> eh Cl :77s 0 oz a» Z z ao o: Z N2 s- CL W W,-„ 0NQ 0aoo 2 ozcl El _ 7 -C U .00'099 3 ,ZS.Lt S O (O • 00'039 el s >: G �• Wz W v' i- 8 g= ii N N_ W enw_ g O \W $� m 009. b".+ ry �� V ypzo SZ � a — ffi CC 1 ' 2"Ilil WO = 8,5 Z ~5 < m W R a W• O Q • ,00'0££ 3 .,39,L.1 S 099 b V �4 Pt '04 a� > W a Ij ?,4$$ x yy CC b m § N og< Fa Q6 W6 g w re Q1=° „ a in w W _ Ntp, ," 2 o" o. I— *- I— N h A,.__ T+ o 0 0 m t�mpn XV -1 N \ 'ft jam C.r-. �h. n m" =Y5 cc cc I Or�i K 3 i Lc s W 1.- ! a N; �.. 00'099 00'099 a <� • ,00.088 M ,ZS.I.I N "il' ZO ,° a., 111III.S YS Spa az <00 a P a Pig a� � �a 8ss 3 = a s«1 E5 1$ a u <. n p =• 3 ga C'= €g as g ��N �' as Wtz � i , ��co oo r 0 0 < W '$• • • �� VN▪ >a • Hello