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HomeMy WebLinkAbout20070242.tiff 1j 1557 Ogden St., Suite 300, Denver, Colorado 80218 POLL Phone: (303)830-0888 Fax: (303)830-2818 www.apollooperahng.com P�FZ/�TI nG November 27, 2006 Weld County Clerk to the Board P.O. Box 758 Greeley, CO 80632 RE: ORRI on County Lease # 2006-2816 Dear Ladies and Gentlemen: I have spoken with the County Attorney, Bruce Barker, and have been advised to direct this letter to the Clerk to the Board. Apollo Operating, LLC, "Apollo", is the Lessor of County Lease #2006-2816, recorded in the Weld County records at Reception # 3430477. In compliance with paragraph ten in the lease, Apollo is seeking approval for an assignment of a 1.25% override, the form of which is attached. Please have the appropriate person sign below recognizing the County Commissioners approval of the attached override, and return to Apollo. If you have any questions I can be reached at the above number ext. 14, or jwhite@apolloperating.com Very truly yours, APOLLO OPERATING, LLC Jesse L. White Manager r�' Agreed to and accepted this a a, - 1JQ day of j/ita r _, 200i7 Weld County Clerk to the Board Cha y Com it stoners L ._ CLE K !0 THE BOA, 11111111111111111111111 IIII 111111 III 11111 IIII IIII E "° :Cr-244 3451148 01/26/2007 01:07P Weld County, CO ;Mt 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 1_1% eiVC t 7/67-- dt9 2007-0242 Cl - c/ _ C O[_L 0-4-120 2 ' I ASSIGNMENT OF OVERRIDING ROYALTY INTEREST KNOW ALL MEN BY THESE PRESENTS: That Apollo Operating, LLC, 1557 Ogden St., Suite 300, Denver, Colorado 80218, herinafter referred to as "Assignor," for an in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, cash in hand paid by the parties names below(hereinafter collectively referred to as "Assignees"), the receipt of which is hereby acknowledged, has conveyed, transferred, assigned and set over and by these presents does convey,transfer, assign, set over and deliver unto Assignees, an overriding royalty interest(the "Override"), in that proportion set opposite each name, in all oil, gas, casinghead gas, and other hydrocarbon substances produced, saved and marketed from the Oil and Gas Lease described below covering the lands in Weld County, Colorado described below: LESSOR: Board of County Commissioners of the County of Weld LESSEE: Apollo Operating, LLC LEASE DATE: October 4, 2006 RECORDING DATA: Reception No. 3430477 on 10/27/06 DESCRIPTION: Township 7 North, Range 63 West, 6`h P.M. Section 31: S/2 [ADA: SE/4, W/2SW/4, Lot 3 (38.46 ac.), Lot 4 (37.89 ac.)] Said Lease covering: 316.35 acres Assignees Override Assigned B&J Resources LLC 0.625% 410 17"' St., Suite 1150 Denver, CO 80202 KAB Acquisitions L.L.L.P-VII 0.625% 410 17`h St., Suite 1151 Denver, CO 80202 TOTAL 1.250% 1. In the event the Lease covers less than the full and entire fee simple mineral interest in the Lands covered thereby,the Override shall be payable and paid only in the proportion that the mineral interest in such Lands covered in such Lease bears to the full and entire fee simple mineral interest in such Lands. 2. Assignor agrees to warrant and forever defend the title of Assignees to the Override created and assigned herein from and against any and all liens, security interests, encumbrances, defects, burdens and claims created by, through or under Assignor or Louis A. Oswald, III, but not otherwise. 1111111111111111 3451148 01/26/2007 01:07P Weld County, CO niz"°'°°2 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 3. The Override shall be free and clear of any and all costs and expenses of drilling, development, production, operation and marketing thereof(including, without limitation, costs and expenses of dehydrating,treating,transporting,boosting, compressing or otherwise processing the oil, gas and other hydrocarbons and minerals in order to make the same marketable and to deliver them to the first point of sale), except taxes applicable to the Override and the production or income therefrom. TO HAVE AND TO HOLD the above property and rights,together with all and singular the rights and appurtenances thereto and anywise belonging to Assignees,their heirs, successors, personal representatives, and assigns forever. IN WITNESS WHEREOF this document is executed this /6 day of January, 2007 but made effective for all purposes November 16, 2006. APOLLO OPERATING, LLC By: J Jesse L. White, Manager STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this I iv day of January, 2007 by Jesse L. White as Manager of Apollo Operating, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: 1/01g01O No Public JADE SORGET SEAL NOTARY PUBLIC STATE OF COLORADO My Commission Expires 07/24/2010 1111111 1HID" 111111 IIII 111111 111111 111 11111 OHIO 3451148 01/26/2007 01:07P Weld County, CO 3 of 3 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2 #1217474 v2 Hello