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Home My WebLink About830017.tiff 881124007 - . B 0994 REC 01924007 04/19/83 13 : 36 $0.00 1 /004 F 0013 MARY ANN FELlERS7EIN CLERK & RECORDER WELD CO, CO RESOLUTION RE: AUTHORIZATION FOR THE BOARD TO SIGN OIL AND GAS DIVISION ORDER REGARDING BOUNTIFUL CORPORATION, 3300 ANACONDA TOWER, 555 17TH STREET, DENVER, COLORADO 80202 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County, Colorado is the holder of a certain lease with Bountiful Corporation. Said lease covers land more particularly described as follows, to-wit: Township 6 North, Range 66 West, 6th P.M. Section 26: SWa containing 160 acres, more or less WHEREAS, Bountiful Corporation has submitted an Oil and Gas Division Order on the subject property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the Oil and Gas Divi- sion Order as submitted by Bountiful Corporation be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of April, A.D. , 1983 . ‘7111224... 0".„ � BOARD OF COUNTY COMMISSIONERS ATTEST: 1 IQ2t,�.�. „,..`j'4;*,A2lu), f WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Boa Chuck Carlson, Chairman �. ut, Count r JSPCA in a p y; y em r4 AE FORM: A4%O COL A Gene R. Brantner -;0 w^ Coaty' Attorney Norman Carlson \\N"------ J. cqu= ine o nson 830017 Gi� 717 DAY FILE: April 11 , 1983 DIVISION ORDER BOUNTIFUL- CONFIRMATION TO: B LEASE NO. 11188 CORPORATION DATE March 9. 1983 3300 Anaconda Tower 555 Seventeenth Street Denver,CO 80202 (303)892.1115 The undersigned,and each of them,guarantee and warrant that they are the legal owners of their respective interests,in the proportions hereinafter stated,in all oil produced and saved from the K.C.F. OIL. INC. PAYNE #2-26 lease, located in WFLD County,State of COLORADO ,described as: TOWNSHIP 6 NORTH, RANGE 66 WEST, 6TH P:M. Section 26: SW/4- containing 160 acres more or less B 0994 REC 01924007 )^4/19/133 13 : 36 $0. 0l) ?/004 F 0014 MARY ANN F'EUERSl.'EIN CLERK I RECORDER WELD CO, CO Effective at 7:00 A.M. DATE OF FIRST PURCHASE BY BOUNTIFUL ,and until further written notice,you are authorized to receive all such production,for your own purchase or for resale,to receive payment therefor,to give credit for all proceeds derived therefrom and pay therefor as follows: OWNER NO. CREDIT TO DIVISION OF INTEREST FOR DIVISION OF INTEREST, SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF. All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and considered an essential part of this division order in like manner and with the same effect as if printed above our signatures. SOCIAL SECURITY OR SIGbIATUREOF.WITNESS SI ATUR OWNER TAX LD. NUMBER aiozze MAILING ADDRESS 60n)skw � �/S� Zip Code 0'?”-..y W 0::.1C 0195:!!4007 04/19/83 13 : 3`, $0,00 3./004 4 r 0015 NARY ANN i E:l.)i I s E:IN CLERK El l{ r kl::COF.nr R MEI...I) co, co The following covenants are also part of this division order and shall become valid and binding upon each and every interest owner above named upon execution hereof by such interest owner, and upon his or her successors, legal representatives and assigns, without regard to whether any other interest owner or owners have so signed. FIRST: All oil received and purchased hereunder shall be merchantable oil and shall become your property as soon as the same is re- ceived into your custody or that of any carrier designated by you. • SECOND:The oil received and purchased hereunder shall be delivered f.o.b.to any carrier designated by you which gathers and receives said oil and you agree to pay for such oil to the respective owners according to the division of interests herein specified at the price being posted or paid by you at the time of such delivery. The term "oil" as used in this division order, shall include all marketable liquid hydro- carbons. THIRD: You shall compute quantity and quality, making corrections for temperature and deductions for impurities, according to the customs and prevailing practice in effect at the time and place of delivery and subject to rules and regulations prescribed by any governmen- tal authority having jurisdiction in the premises. FOURTH: Payments shall be made monthly for oil received and purchased during the preceding month, by your checks delivered or mailed to the respective parties at the addresses above stated; provided that if, at any time,the monthly payment due any party hereunder shall be less than twenty dollars($20.00),you may defer such payment,without interest, until the amount payable to such party equals or ex- ceeds the sum of twenty dollars in which event,payment shall be made at the next regular settlement date. Payment will be made at least an- nually. You are hereby authorized to withhold from the proceeds of any and all runs made hereunder each interest owner's proportionate share of any tax levied and assessed by any governmental authority on the oil received and purchased hereunder and to pay the same in our behalf. FIFTH: Satisfactory abstracts or other evidence of title will be furnished to you at any time on demand. Upon failure to furnish such evidence of title,or in the event of a claim or controversy which, in your opinion,concerns title to any interest hereunder,you may withhold, without interest and without liability,proceeds of all oil received by you hereunder until you have been furnished with indemnity satisfactory to you or competent evidence that such claim or controversy has been settled. In the event any action or suit is filed affecting title either to the real property above described or to the production therefrom in which any of the interest owners are parties,written notice thereof stating the court in which the same is filed shall be immediately furnished to you by such owner against whom the action is commenced. Each in- terest owner agrees to hold you harmless and to protect and indemnify you against any and all loss, cost, expenses or liability which may arise from such suit. SIXTH: Working interest owners and/or operators who execute this division order,and each of them, guarantee and warrant that all oil tendered hereunder has been or will be produced and delivered in compliance with all applicable federal, state and local laws, orders, rules and regulations. SEVENTH:No transfer of any interest or change in the right to receive payments hereunder,however accomplished,shall be effective as to you until 7:00 A.M.on the first day of the calendar month in which you are furnished a proper division or transfer order together with proof satisfactory to you evidencing such transferor change in the right to receive payments hereunder,and you are hereby relieved of any and all liability for payments made prior to receipt of a proper transfer order and a certified copy of the instrument of transfer. EIGHTH:This division order shall remain in full force and effect until cancelled by any party hereto upon giving thirty days written notice in advance of any such cancellation which shall be mailed to the respective parties at the addresses shown herein.Cancellation by any in- terest owner or owners shall not be effective as to the interests of any other owner. B 0994 RE--: 01924007 04/19/83 1 ;3 : 36 -- $0.00 4/004 F 0016 MA. . , ANN FEI.JI:;T{ti'1E::I:N I: I...I:::RK : Fig .. I DEF;' WELD CO. CO EXHIBIT "A" K.C. F. OIL COMPANY PAYNE #2-26 Lease #11188 OWNER NUMBER NAME DIVISION OF INTERESTS BEFORE PAY AFTER PAY ROYALTY INTERESTS $40,000.00 $40,000.00 4076 Board of Count)/ 1/8 x 2.4256/160 .001895 .001895 Commissioners Weld County 4075 Payne, Inc. 20% x 157.5744/160 .196968 . 196968 OVERRIDING ROYALTY INTERESTS 4077 Alpine Energy, Inc. .025000 x 157.5743/160 .026137 .026137 + .100000 x 2.4256/160 4075 Payne, Inc. * 1% x 157.5744/160 .009848 -o- (BPI) only) WORKING INTEREST 4078 K.C.F. Oil , Inc. 100% less •(. 198863 RI ) .765152 less (.035985 ORI ) BPO 100% less (.198863 RI ) .775000 less (.026137 ORI ) APO 1 .000000 1 .000000 * Convertable Royalty to be paid to Payne, Inc. as an Overriding Royalty of 1% until $40,000.00 has been paid to account of Payne, Inc. . After the consideration of $40,000.00 is paid , the 1% Overriding Royalty will revert to the owners or assigns of the Working Interest. ** "After Payout of $40,000.00 Consideration" and reversion of the 1% Overriding Royalty Interest shall become effective the first of the month following written notification to Bountiful Corporation, the purchaser, by the Operator, K.C.F. Oil Company, and Payne, Inc. that said consideration has been paid. DO NOT DETACH EXHIBIT "A" FROM DIVISION ORDER FORM L4 y 6 BOUNTIFUL1 1963 q CORPORATION , March 9, 1983 Board of County Commissioners RE: K.C.F. Oil., Inc. Weld County Courthouse Payne #2-26 Greeley, Colorado 80632 Weld County, Colorado Lease No. 11188 Dear Interest Owner: Based upon the Division Order Title Opinion furnished us by K.C.F. Oil , Inc. we have prepared the enclosed Confirmation Division Order for your execution. Even though we have placed your interest in line for March payment of February production proceeds, we ask that you execute and return the enclosed Confirma- tion Division Order. When you have check the Division Order for accuracy, and added your correct mailing address and Social Security and/or Tax I .D. Number, please return the executed and witnessed copy to our office as soon as possible, enabling Bountiful Corporation to keep your interest in a current pay status. The extra copy has been furnished for your file and future refer- ence. If you have any questions concerning the enclosed Confirmation Division Order, please don't hesitate to call . Sincerely, BOUNTIFUL CORPORATION Sandra M. Parsons Supervisor - Division Order Department NOTE: Also enclosed is Form 6458 "Certification and Election Form" (Part I ) Please complete and return with executed Division Order. 3300 Anaconda Tower • 555 Seventeenth Street • Denver, Colorado 80202 • (303) 892-1115 1 11 r--- Lease No. 11188 Owner No. 4076 Form 8458 (Rev, September 1982) Certification and Election Form WAS Me. 15454230 DsombMnt of the Trawl ► See separate instructions. &aim sa045 Internal Minna Smirks Name I Taxpayer Identifying number Address (number and street) City or town. State and ZIP code Name of purchaser(only completed by a purchaser who is forwarding a qualified disburser election) Taxpayer identifying number Part I Exemption Certificate I certify that all my production from the properties on the attached list is exempt from the windfall profit tax. I am entitled to this exemption because I qualify for the status indicated below(check applicable box): O Qualified governmental interest(section 4994(a)) O Exempt Indian oil(section 4994(d)) • Qualified charitable interest(section 4994(b)) O Qualified independent producer of exempt stripper well oil (section 4994(g),only applies to oil removed after 1982) I understand that I must file Part III within 10 days after I no longer qualify for exemption from the windfall profit tax. Under penalties of perjury.I declare that I have examined this certificate, including accompanying instructions,and to the best of my knowledge and belief, it Is true,correct,and complete. Signature of exempt producer ► Date ► Part II Independent Producer Certificate I certify that I qualify as an independent producer as defined in section 4992,and that all my taxable production from the prop- erties listed on the attached sheet is entitled to the lower rate of windfall profit tax for tier one and tier two oil. The total taxable production from these properties (plus production from other qualified property that I have certified)does not exceed my share of the 1,000 barrel a day amount for Independent producers. I certify that (check applicable box): O I am a member of a related group (as defined in section 4992(e)(2)). I am attaching a list to the Form 6458 that I am filing with the IRS showing the name and taxpayer identifying number of all other members of my"related group." ❑ I am not a member of a related group(as defined in section 4992(e)(2)). I understand that I must file Part III within 10 days after I no longer qualify as en independent producer. Under penalties of perjury.I declare that I have examined this certificate, including accompanying instructions,end to the best of my knowledge and belief, it Is true, correct,and complete. Signature of independent producer ► Date 10- Part III Revocation of a Previously Filed Certificate I no longer qualify for exemption from, or reduced rates of, the windfall profit tax.The status that I previously claimed was: ❑ Qualified governmental interest O Independent producer O Qualified independent producer of exempt stripper well oil ❑ Qualified charitable interest ❑ Exempt Indian oil Date of original certification ► Service Center where filed ► Effective date of revocation ► Signature of producer P. Date ► Part IV Qualified Disburser Election I certify that I am a qualified disburser as defined in regulations issued under section 4995 and that I hereby elect to perform all the duties normally imposed upon the purchaser in regard to the administration of the windfall profit tax. I understand I must file Part VI within 10 days after this election is terminated. Effective date of election Property(Include full lean name,location,and Identifying number,if applicable) Signature of qualified disburser Date For Paperwork Reduction Act Notice,see page 1 of the instructions. Form 6458 (Rev. 9-82) Hello