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Home My WebLink About20040886.tiff CERTIFICATE OF CONVEYANCES WELD COUNTY DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO) COUNTY OF WELD ) Order No. 8072622 The 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: WELD COUNTY ASSESSOR PARCEL #080734000024 A portion of the SW1/4 of Section 34 , Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and a portion of the NW1/4 of Section 3 , Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado, described as follows : Lot B as shown on recorded exemption No. 0807-34-RE202 , recorded May 13 , 1976 in Book 766 as Reception No. 1688432, Weld County Records . CONVEYANCES (If none appear, so state) : Book 602 Reception No. 1524120 Book 760 Reception No. 1682109 Book 783 Reception No. 1705483 Book 800 Reception No. 1721945 Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No . 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 nor an Opinion of Title, nor a Guarantee Title, and the liability of TRANSNATION TITLE INSURANCE COMPANY is hereby limited to the fee paid for this Certificate . In Witness Whereof, TRANSNATION TITLE INSURANCE COMPANY has caused this Certificate to be signed by its proper officer this 8th day of January , 2004 at 7 : 00 A.M. TRANSNATION TITLE INSURANCE COMPANY By: f its tae ut *0 rized Si atory 2004-0886 lr ,E 602 ❑❑pp J Recorded at .L'i ' o'clock. I �• M P4 T,i it 1.950. 1524120 Reception No ax.: .rtsohay„sld]6:f,u„Recorder r .. II19 DEED, Made this /51W . day of Nuvembt.r 1968 , PILING STAMPtween The Colorado rado Triangle Company a corporation duly organised (mil_/ P I .red existing under and by virtue of the laws of the State of Colorado ('1 of the first part,and Harry A. Yelek and Ne Ida J. Ye Lek I o.: .� of the County of Weld I `r and State of Colorado,of part:the second 111 In WITNESSETII:That the said H party of the f:: part,for and in con- — ail xiAention of the sum of 1-r Ten and no/100 <+* - m" to it in hand paid by the said panic,of the s, e DOLLARS, rt, re receipt whereof Is hereby sell,confessedconvey and confirm Ms has granted,bargained,sold and conveyed and a presents does m the said parties of the second part,not in term:... pgrant,tenancy,th bargain, and confirm unto .omen but in Joint the survivor of them,their assigns 0 and the heirs and assigns of each survivor{. -.p.. u' lying and being in the the following described lots or parcels of land, situate, o-wit: " 'of Weld and Stela of Colorado,to- 'wit: I ) _ (See ExL+ attached hereto) --::::.. rep II �i IF St • -11 Together with any and at' r and water rights, ditch and ditch Cr ill flumes, canals and rase rc: H. Eaton nant to or relating thereto, uding 10 shares of stock in rl ' 15.1 1 N. Ditch Company. C Of.DTfIGR with all and singular the h. ^; taming, and the reversion and reversions 'er and maindenaneea thereunto issues belonging,t or in anywise nd al th estate,right,title,interest,claim and demo rand remainders rents, and profits thereof;and all II Equity,of,in anti to the above bargained prom i ever of the said party of the,riot -+� the hereditaments and appurtenances. either in law or TO RAVE AND TO HOLD the said area l's. ,with hecap. said nart JD bargained rassigns, and described,and i appurtenances,s ofsuch r unto the II wi d part,e the survivor c' -:v a areas,and the heirs and assigns of ouch survivor far- . I ever And the said❑ rty of the first part,for V agree to d with the said parties of the seem: - curviveors and assigns, roes assigns covenant, grant, bargain and II II of such survivor.that at the time of the ens ea: survivor theseof them,their and the heirs the end ensigns , above conveyed, of good,sure,perfect,aim:, -ii cry of presents,it is well seized of premises ahf g000 ngt,full pov-r and lawful a th ri - :defensible estate of inheritance,in law,in fee simple,and + 1 that tie a free nd clear' bargain,sell and convey the lame in manner and form ! rot and ncumbrnac ,of whatever kind r. mee and other grants, bargains, sales, liens, axes, as- I [axes and district assessments to never. except the 1968 ns property page 27, Book 51, except patent reservations in Book 208,page and in L 5, page 201, except reservations of I minerals in Book 1601, page 206 and rights or way recorded in Book 'r�.. age 1176, go352, ok 995,e 183, and except easements ( �J• �+j� Page 165, { page 164, Book 9y5, \ Book 16_15, page 374 and and ik•�, Book 1587, page 59, ass, ° LQ bargained premises in the quiet and Book 1635, ppge _1'5. /'r`� .AM`3v'°^*�'rf them,,their assigns and the heir and assignspeaceable pnesessmF f the said parties of the second part,the l a „I: wf lly claiming or to claim the whole or any part theof,the saidpartyh r first all and shall and person or persons DEFEND. of the part will WARRANT �I IN,$-ITNESStRIIERE01- The said party of the first part has caused its corporate name to be hereunto sub- i1 cr hit bys t� President and its corporate I e -L J,y a-f 1 seal to be hereunto affixed,attested by its II �I .S�1'reNry,the day and year 4 st a ye written. At0.st: _ 0 11 LOL r 1 x _ The jb to ra do 'fri .ale Company.u.r ItyS_ I1.7....._ y I 0 _. .. STATE OF COLORADO, - " 1 Prew.a I City and County of Penns }as. I The foregoing instrument was acknowledged before me this -77/ II 1968 ,by' Larry M. Baker /5 day of November } { i Mrthael U. Grushek as as President and — ,, /T}{t�--Cu Lo rado Triangle Company • Secretary of II a ,mod--- ♦ ^ - My notarial commission expires MyCo — ::c corporation. __ • Plin\ `' _r Witness mv hand:rnd/n-r�r I .,,,I II I ll II No. n_9. w rune} Mal) r eJoint _ - - _Inn J r r r �1 "._. __. i.n!r„rl n,Em.n ianun c vnny ix(i-ury ?-}i� fc.} ' II 1 maS _ .2 loop G02 15z4120 r ' EXHIBIT A is .,ract of land acated in athwest quarter of Section -- Township 6 Nrrth, Range ;t, and the Northwest quarter c� Section 3, Tel ship 5 Nor-. tinge 67 West of the 6th P. M. , F; d County, Colorado, bein. particularly described as f lows: �.' C nencing at the Northwest r of said Section 3, also t: Southwest c -ner of said Section 34, and considering the +,y N .h line of s.. I Section 3 to bear N. 84° 16' 32" East w all bearing;. contained herein relative thereto; - 3 thence S. 71° 38' 48" E., 935.25 feet to the East right of way line of Colorado State Highway No. 257 and the true point of beginning thence along said East ---- right of way line N. 61° 44' 06t' W. , 543.70 feet; thence continuing along said East right of way line -- - --- along the arc of a circular curve to the right whose radius is 1,372.5 feet whose central angle is 04° 35' — - 00" and whose long chord bears N. 50° 43' 06" W., 109.76 feet to the section line common to said Section 3 and said Section 34; thencd continuing along said 4; East right of way line along the arc of a circular curve to the right whose radius is 1,372.5 feet whose central angle is 25° 05' 00" and whose long chord bears N. 35° 53 06" W. , 596.08 feet; thence continuing along said East right of way line N. 16° 38' 36" W., 488.90 feet; • thence continuing along said East right of way line N. 13° 20' 36" W. , 194.38 feet; thence N. 90° 00' 00" E., 2,683.99 feet; thence S. 00° 00' 00" W., 925.00 feet to the section line common to said Section 34 and said Section 3; thence along said section line S. 84° 16' 32" W. , 350.00 feet; thence S. 05° 58' 22" W. , 348.52 feet; thence along the arc of the circular curve to the right whose radius is 254.36 feet whose central angle is 38° 43' 22" and whose long chord bears S. 25° 20' 03" W., 168.65 feet; thence 5. 44° 41' 44" W., 538.20 feet to said East right of :ay line of Colorado State Highway No. 257; thence ale..g said East right of way ----- line N. 63° 30' 36" W. . S38.70 feet to the true point of beginning. ( .4) • • t ., : , "u M1 i y �p�}r�L pp r yy' T,h 9'".- ":^^a's'T"R" T"!' ;� ..,�n,.y,.- etc?, .� 'S!t']P '}1r rr An w ( •e.' 60 FEB 25 i:yl' kZ... m o �' 8. L!t it1EHE! 1R, „Il mll ' aT' A' l:) • l(o2109 ,$C•/C 1/�4.. 4ic 1:11'I I. — taw all Men hg these fin. tss, That I 7t, • rY I Nelda J, Yelel: v - I he County of Weld ane'. Lte of Colorado ,for the consideration v . - 4 N .)they good and valuable cons ld. ns and Ten Dollars c it 4t o L.. ...Ind paid, hereby sell and quit-claim tc of the County of n ce of Colorado the following L Weld e jkY .• A 1' real property,situate in the County of d and State of Colorado,to-wit: ,C 1fi P t tf e, c > r 4 .f.::":-t r.;-, See ale attached s+� i 7 1-0 • ;iti • 0: Plf;'," -' a w - with all its appurtenances • ! Signed and delivered this / i day of. 76 7J� <<.t .A.D. 19 In the Presence of 1!�� 'e J i re-4A/ IV_+lg daJrGlLyJ, Y eke_ _ ) 4 ,- y - D' ss. The foregoing instrument was acknow edecd before me this �9o'Otl pf el• ., Tw(. q rday of , WittfgkMy Handa;l;'.tfficial Seal. - My ComnfISsi6CE,q res 9—/3'77 -„--. �_ +•,. Notary Public Mailing Address for .Route..1,..B.ox.40,..Windsorr. U .Colorado...BS '- Future Tax Notices _ — xe __. a-- _ .._ � OUIT-CLAIM—trrATVTORY row... Fort •MMOOPAYY.,e XCCORD.T„E c.v. ccpc o.c orrvvcx cow, rte e .—,la -— _. _�mob, i h _ & ' k'.tw� jV �_ F rt .'^+ BC .'6O 16N21O9 _ .F :1. y:: A ,divided one tall (3) intores' O the following: I ct of land loci ted in the SW on 34, Township 6 North, Range G'. ':Yes[ of the 6th P.M. , and the he NWT of Section 3, Township -v-- „ s th, Range 67 West of the 6th Weld County, Colorado, bring m particularly described as foil ° - a 4. .) U C -- :nencing at the Northwest Cor d d• Section 3, also the Southwest +� it' C or of said Section 34, and co ..nr g the North line of said Section 3 141. ,i'4''11 tc er North 84°16'32" East and hearings contained herein relative t f2 th ,to: Ti -ce South 71°30'48" East, 935, :. to the East right of way line of , " ' -a; C :,:-ado State Highway No. 257 a Prue Point of Beginning; thence ' ' a. said East right of way line I\ °44'06" West, 543.70 feet; r;f tt. :e continuing along said East : way line along the arc of a ' ' ` c' -Jar curve to the right whose re- : 1,372.5 feet; and whose central a is 04°35'00" and whose long bears North 50°43'06" West, 109.76 ::: fe a the section line common to •. ction 3 and sa id Section 34; thence cc '.nuing along said East right of - -le along the arc of a circular curve to a right whose radius is 1,372.5 whose central angle is 25°05'00" .j an whose long chord bears North 3C 6" West, 596.08 feet; thence a'lc to cc, nuing along said East right of way .: •:e North 16°38'36" West 488.90 fe thence continuing along said East right of way line North 13°20'36" , ^ Wi -, 194.38 feet; thence North 90°00'00" East , 2,683.99 feet; thence W+. - Sc 00°00'00" West, 925.00 feet to the section line common to said 10th Se on 34 and said Section 3; thence along said section line South 84°16'32" W , 350.00 feet; thence South 05°58'22" West, 348.52 feet; thence along th •cc of a circular curve to the right whose radius is 254.36 feet, whose x -• r' ce /1 angle is 38°43'22" and whose long chord bears South 25°20'03" West, a, :: I'j '� le 5 feet; thence South 44°41'44" West, 538.20 feet to said East right of ri*a v� w lne of Colorado State Highway No. 257; thence along said East right of w the North 63°30'36" West, 838.70 feet to the true point of beginning; p� + EX 'T parcels of land conveyed to Weld County by deeds recorded June 24, + If In Book 095 at pages 163 and 164, Weld County records; and EXCEPT `+' pa �l conveyed to The Department of Highways, State of Colorado, by deed -r,a ' ,' re, led January 14, 1963 in Book 1635 at page 375, Weld County records, { to her with all water, water rights, ditches and ditch rights appertaining ( il thi o, or in any wise utilized in connection therewith, including, but not '•-f lin ..d to 57 acre foot allotment of Northern Colorado Water Conservancy — --- ' D1 i.ct and 10 shares of the capital stock of the B.H. Eaton Ditch Co., su ct to that outstanding inde b tech�- secured by deed of trust dated """��'� Oc er 19, 1972, recorded October 172 in Book 678 under Reception -1 No 6nn10c of the Weld County rare •hich the grantee herein assumes anc ;reel to pay i . -11 1 alt . I S t ,r. r - - rj r" Inc'>r 7S3 it, rt.....).. M, U{ 1. }r Irj 7l s ll n 1 1 t/(15. Ili I MARY APPI ILI) I I Itc rI r, v Y - - RECORDER'S UFAMi• ]'ins j)EEn, Mode this 8th day of Ntv,rlhcr r-^ l9 76,between ' I HARRY A. YELLS ,, • I ,r a, y i'co ' . _ 1y':1,. LC -i 1S�l__ , z n • of the County of ' ..G end State of ._ Colorado,of the firm part,and 8 _--/� C�'��'__ _ ,s ROBERT E. ANDERSON and ALMA E. ANDERSON x� O of the County of We Id and State of Colorado,of the second part: WITNESSETH that thusz. b.._ said Pert y of the[fret pert,for and in consideration 'the sum of TEN r; -�4. ( ^ DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION - LIODITAln, _, ri r F ''• to the said part y of the first part in hand paid by the said parties of the second part,the receipt whereof Is r, •..K s ..I , hereby confessed and acknowledged,ha s grar '„bargained,sold and conveyed,and by these presents do- es L grant,bargain,sell,convey and confirm unto .I parties of the second part,their heirs and assigns forever,not r'f in tenancy In common but in joint tenancy,all t lowing described lot 5or parcels of land,situate,lying and ";E ,. - being In the County,_ d and State of Colorado to wit.al1 ' A portion of the SW4 of Sectic. Township 6 North, Rangei' r � ' - 67 West of the 6th P. M., WEI TY, COLORADO, and a t ' pxr;; portion of the NW& of Section 3, Towr North, Range 67 West ofiti l 4. 4,c the Gth P. M., Weld County, I o, described as follows: p y Lot B as shown on recorded exemi n No. 0907-34-RE202, J W'5.1 recorded May 13, 1976 in Book - s Reception No. 1688432, L'. k Weld County records. { i�1, TOGETHER with all end singular th f gu vents and appurtenances thereunto belonging, or in anywise lip l appertaining, the reversion and reversions, : and remainders,rents,issues and profits thereof;and all the t , estate, right, title, interest, claim and demand w., .'niter of the said part y of the first part,either in law or - eFi 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,unto the said •,� parties of the second part,their heirs and assigns forever.And the said part of the first - , :: y peel,for h i m f hi 5heire,executors and administrators do es covenant,grant,bargain and agree to and with the '„ said parties of the second part,their heirs and assign,that at the time of the ensealing and delivery of these gross- ' ij nits he i 5 well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance,in law,in fee simple,and ha 5 good right,full power and lawful authority to grant,bar- t 1 4i gain,sell and convey the same In manner and form aforesaid,and that the same are free and clear from all former and other t` t 3 grants,bargains,sales,liens,tares,assessments and encumbrances of whatever kind or nature never, °rr.J except real estate taxes for 1976 and subsequent years, easements, restrictions .7 ,C ?' rights-of-way and reservations of record. S. .y. 1"3- , : and the above bargained premises in the quiet and peaceable possession of the said parties of the second part,their f5 heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, ! sr the mid part y of the first part shall and will WARRANT AND FOREVER DEFEND. _ :,,,,r IN WITNESS WHEREOF the said part y of the first part ha S hereunto set his hand and .h seal the day and year first above written. 't _— k; ft- _ S1 Signed,Sealed and Delivered in the Presence of [SEAL]' Harry A Yelek [SEAL] I ry [SEAL] STATE OF COLORADO, w'trLily and of y Denver I ,„ Thc,16r4S(g]i/be�trumen,was acknowledged before me this 8th lay of November 4- x°.,h': Y.? 19 Shy.. 'Hal-ryr^A'. Yelek tt nsdacTa, f -1 < rr�� pII , #x Sfvkbfn?isRQn expires February 19 .1990 .Witness my hand and offlci.I seal. lyJ t 4 _ / f N notary'yeba� \'o.921 wenne iy seen r a t r< r-.v r rut 1,, ne p, rxzt- -sm t st t e r rs.,enlo.aaa sl sou r ' a o `ir by',thin.,D n h.",I s d name, vrepresentativeI a/". le T., 7 y r a,ro-n y 1 t p I t c r Ve acting I degior ornriy capacity or n, s qw�� n ter.son. i e I c a ter ettL Dn e , met ro r Ire a rnu,n Ir r r to r .WT�1, ,r nu rn .,t e, n ro u n g rt n nrt y ruu m r n.o:° -- . 5 .. - — - °i ' ptox C ('YIill Reception is o... • Jr7"''�'Ui MAIN ANTI Ful'Ir rl pJ Lf` I JUN 15 1977 R rrvle Recorded at in-ln k H. bl., L' tins HEED. +r I.this 15th or R4;rnlun R v tram•_ ... f7 to.v;, ROBERT R. ANDERSON ANDY ALMA IN,nuarY - t \NDERSON, husband and wife 1404 County Road 48, Kersey, CO 30644 r______________ '-r t' Stale Documentary Fee I I Date.....JUN 1 5 1977 9 . the oar nq'of Weld and stele.of $...�_C _...- - c r de of the firs[ . LiL....__..- ,. I;,rr ml p rr--- i JESS A. ANDERSON AND HELEN ANDERSON, husband 5 ti .:Ind wife y y0 '1�-�,.o�.� �' L7n-Cn ,�G'Jr.S[7 a If•he r, ,of and State f Colorado, and Part s e wtrh:ESU:ell,that the said n[tf the sum ,f - �� -her valuable consideratio; d Ten DDI.r.nits 0 N r - -II t its ,,f the r:stpart It,• by the ,.1 confessed :.I acknowledged,dged ha ye g.. bargained.n said parties uef the a nnd rven rh 'pt d eof is cl giant.bargain, sell,convey and confirm t meting rn of thy I and nosed and 1 the. Presents .a second part,thoir heirs and m tenancy n common not m Joint t nb assignsnever.not being the 'g described lot or parte l f land, t t lying and - r (1/ er and State of Colorado.to wit. n An undivided one-half (lj. serest in and Co _--t I: a or p tion of the SW; of Sc ❑ 34, Township 6 North, Range 67 IA West of the 6th P.M. and Township 5 North, Ran a 67 a `-ion of the N of Section 3, 'a follows: g P. of the 6th P.M. described as Lot B as shown on Recorded recorded May 13, 1976 in '66ias Re. p0t0on No. 108, '66 as Reception No. 1688432 i Weld County records c together with 9.5 shares pital stock of B. H. Eaton 4 Irrigation Company. " TOGETHER with all and singular the bend,tan, ¢s :aid apltt enances zipper-tinning. the reversion and reversions, remainder . thereunto belonging. or estate,tr. right. title. and enufnl erents.issues and first ther either all the.merest claim and demand whatsoever of the 1 r ties of the[rst part a ther in law or npi[y of, in and to the above bargained premises,w [h the he red[ _ TO HAVE AND TO HOLD the said premises above h.r.net nts'°e appurtenances the tinges. parties of the second part,their heirs and assi A 1 and described,with the appurtenance ,unto the said fins torever And the said port ieS of the fu st 'qe - set ves their heirs, exceutore and administrators do port agree to and said narties of the second covenant grant,bargain and to pros. 5✓` " part their heirs and assigns,that at the time of the eperfe ng and deli.ery of these pros- e.they are '.II of the premises above conveyed, a of goodabsoluteb ' t teof h t I 1 fiesimple,and has sure perfect +nd indefue bar- ye esai right, full power and lawful np clear h to grant oar- c gain, sell and the r n manner:aid form aforesaid.and that the same are free and from all former 'x� and other grants harp Lens,taxes assessment and encumbrances It subject to exceptions, reservations, covenants, conditions or nature a aer exr_e t eA restrictions of recorand instruments d, rights of he way a I of record or established on theby II 1 . iand the above bargained premises in the quiet and peaceable possession ! he and assigns, lawfullyLtie against all and every person or persons of the sa d panes of the second part their vm ng or to claim the whole or any part thereof, II ` ! : the id parties of the first part shall and still WARRANT AND FOREVER DEFEND IN WITNESS WHEREOF the said part ies of the first part have hereunt Rand S and a e.,4 ',al S the day and year first above written set thei [ .. - . 1 Signed,Sealed and Delivered in the Presence of ‘ ��Li—ey ( / � [SEA1 e 'e II _.. ",„„),T R. DEF o�'�` LJ..; i �' . /!t`--re, G Lf 'u�.G0----,--n r IALMA E. ANDERSC9 [SEa[,7 � $ '^� Husband and wife II L STATE OF COLORADO _ [SEAL] Ir. x+— County of Weld }°5' I ,,{{r The foregoing instrument was acknowledged before air this 4 �x 15th da•of 'I y 1j77,by ROBERT R. ANDERSON AND ALMA E. ANDERSON, I usbandaandrwife. • ¢c Din c p sresty expires Sono o .ta'Ir I in,, np ��i t R ltness me hand and a ffie real -. ig.' te Y . �,-u,,.Je 3-C5�.,1�tin.�I� a 4 aet..r umnw,. ,l ♦n91' s.,x*�Ant,-ro.ro,e r.rsr. i.. re,ar n.�.nl .:t.:es e,. e.u..., , e ..r r .. CERTIFICATE OF CONVEYANCES ea.' WELD COUNTY DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO) COUNTY OF WELD ) Order No . 8072621 The 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: WELD COUNTY ASSESSOR PARCEL #080734000025 The N1/2 of the SW1/4 of Section 34 , Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado. CONVEYANCES (If none appear, so state) : Book 603 Reception No. 1525032 Book 1259 Reception No. 2208866 Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. 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 nor an Opinion of Title, nor a Guarantee Title, and the liability of TRANSNATION TITLE INSURANCE COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, TRANSNATION TITLE INSURANCE COMPANY has caused this Certificate to be signed by its proper officer this 8th day of January , 2004 at 7 : 00 A.M. TRANSNATION TITLE INSURANCE COMPANY -� By: Au o �2l� ory - Recorded uL %--o'clock.\\ n1., DEL .j_8 1,96E c•, 1525032 nm�uor"n tom, Reception No _2 ^ p AtyN_5f`OeI[R...Reeordar. �. - / RECORDER'S STAMP I • I THIS DEED Made th s rN DEED, (3 day of DecDecembr, ,t968 i; s-t...en The Co foredo ':'c fang le Company i II Ili •,• , • C a corporation duly organized and existing under and by virtue. f the laws r of the State of Colorado of the first part,and I I t„a Eastman Kodak Company 0 I a corporation duly organized and existing under and by virtue of the laws .,s7`, of the state of New Jersey of the second part; #.: Y< WITNESSETH,That the said party of the first part,far and in consideration of the sum of ya Ten Dollars and other good and valuable consideration to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, hath granted, bargained, sold and conveyed,and by these presents does grant, barga , ..II, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following o nrribed Lots or parcels of land,situate,lying and being in the County of Weld ..t':site,.f Colorado,to-wit: I - The N of the SW1 of Section 34, Township 6 North, Range 67 West ! of the 6th P.M., together with any and all water and water rights, ditch and ditch rights, flumes, canals and reservoirs appurtenant I or relating thereto, including, but not limited to, 10 shares of :;14,,t stock in the B. H. Eaton Ditch Company. II qf4• . r NO DOCl1M.. FEE REQUIRED TOGETHER, wills all and singular the he ..rs and appurtenances thereunto belonging, or in anywise ,s Pertaining, and the reversion and reversions, rem.',., and remainders rents issues and profits thereof; and all T.a the estate, right, title, interest. claim and demand nasty ever of the said party of the first part, either in law or ' equity,of,in and to the above bargained premises,with II,. Sereditaenents and appurtenances. III TO HAVE AND TO HO LD the said premise, ..: bargained and described, with the appurtenances unto the pp I said party of the second part,its successors and assign. L:.ever. And the said The Colorado —'Triangle I�I . . g Company, by. li Jparty of the first part for itself, to successors and doth covenant snot. barg m and agree to and n•ith the ii said party of the second part.its successors and a t.at at the time of the caseating and delivery of these ores- , cots it is well seized of the premises above conveyed, t of good, sure, perfect, absolute and indefeasible estate of j Hj inheritance. in law, in fee simple, and hath good rigl I-II power and lawful authority to grant, bargain, sell and - -- i convey the same in manner and form aforesaid, and tha: the same arc free and clear from all former and other I lv... grants,bargains, n sales,lie taxes.assessments and i_,. nd.:ance,of whatever kind or nature socver; except the 19623 general property taxes and any al i ,1l district assessments for 1968; except x + rights of way recorded in Book 43 at page 327 and Book 459 at page 154, Weld County records; except the reservation of an undivided 'f interest in all oil, gas ill „ and mineral rights in Book 492, reception Na. 1,418,692: (cont. on back) l midair above bargained premises in the quiet and peaceable possession of the said party of the second part. its sue- - NQ' eessonmlfy assigns against all and every person or persons lawfully claiming or to claim the whole or any part x i •St-II theeeof,the Bald party of tL. first part shall and will WARRANT AND FOREVER DEFEND '1 I IN WITNESS WHE- AF,The said party of the first part hath caused its corporate name to be hereunto sub . 07x 'ibit(blii%fs: •v .:dent,and its corporate seal to be hereunto attixea,attested by its ' "h Y •f •secre�ar'.-thq day and year rst above written. G0 .r sir Y c: [�// �S G� T11E._CQ.b..Rll LA CUtICARY ! 'a ./s t, Seeeerarv. I Pm dent L , STATE OF CC .ORADO, l .... Ci[�.gnd...County ➢envaz 1 r^^'^• "..� vtenndlydanl before me this I'S TN day of Dec tuber, illiiIni I\a ' •� 1 M. Baker as .resmentanc ABOIL _ -'a 4- - i . Mich f'. Croshek as Secretary of r« n r' (: Chi Colo• sae a cc ^a.e^ "rl rants I t''. ca My Comnsso+cxpre Scot. I ' 19]1 ? - _. `5 x Wit n—,, Inv ha. _ and official seal. s 1 -1 '1^x : �{ tr� b� ., ;- � ,�, d: -: _ x..•.: , g. I q�R ,s. • ,gyp f{ 't'`•, .i' E:1'?C S. �Et.J .+.+1 yY�' t7 ' r .ti S.:+ �u s- s. y1F ..l y,;1. 1 l •i,x •ne 7 !`fEfi� 'P>, t .•iv 1',,, 'T ti..fi4:".�li X113 Y. a { •;d F Tf .•i .•j.f • •+ta'jr•�• n'�-xb.4•' a +. F ..F. n .�3 N .� Z'i '-A•te , �...siii `lr ..i"{. - - .a ':� t�'14 t�'n'� C:>>D.'r,� .f+y. i ,^7a {o �.,.� '`'lili ',' • r :s; < :^, {a ��:r , . 1 IFS t t' + r el ti , t . 1 u J 1 WARRANTY DEED c.1 r . 5 1., O ..1 . a) -et • .g/ b C .. - . ..-- Co tl ..............-.. a L C O. g TO ea cu tt i .,+ d O v .. _. p r- as —......................—................._.. as O oa STATE OF COLORADO, w C ( ,i Co::utr or \.)Jti.4x` as. 4 X b '3 1 hereby ccrtliy that this 1nstrwnerilNas i+.-I • .•r u {c filed Irr record in my cfE:ce this._..............__.. __._ d C 14 g I. 4t.... ::":—.'....o clock..... -1.1.,and duly recorded C C C n. w ss 1:{ Bock.... .. ... . Page 0 .fJJ^^ ....._ ^ ..._.....- ....��/...a ._....._._..__.......Records. • .6 ••i? 41 • if!.1ES L. CIITTGI-I-AM E ti 1'.;::-: zi : .'-l;;L\L BANK BLDG, 0 1':7:;'.::'. '. C -C'-::O S0202 r:0 • Ili . t -1 �. i, [+{ 1:x. s _ - r-:a: r ,T `'.>7 9 t. i' x� 1 1 '.,. .• :�' '. S.; i . { 1:. E. .•i1:4 [ •.{ i Fy .1tS +''f • �i ! r" i.. :: i...-_-,I f. AR2208866 8 1259 IOC 02208866 03/26/90 09:46 y45.00 1/009 F 0616 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO State 00cumert3ry Pea Date SPECIAL WARRANTY DEED .,. '.s`l(a.'.Qtl...,. s 1109•10 THIS DEED, made and entered as of the 2Z "day of March, 199O, between EASTMAN KODAK COMPANY, a New Jersey Corporation, the mailing address of which, for purposes of this Deed, is Windsor, Colorado 80551 ("the Grantor"), and WINDSOR RESOURCE CORPORATION, a Colorado Corporation, the mailing address of which, for purposes of this Deed, is 760 Whalers Way, Suite A200, Fort Collins, Colorado 80525 ("the Grantee"). WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby 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, State of Colorado, which is described on Exhibit "A" attached hereto and incorporated herein by reference ("the Property"). TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, title, title, interest, claim, and demand whatsoever of the Grantor, either in law or equity, of, in, and to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property with the appurtenances unto the Grantee, its successors and assigns, forever. The Grantor, for itself and its successors and assigns, does covenant and agree that it shall and will warrant and forever defend the Property in the quiet and peaceable p ion of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through, or under the Grantor. The Grantor and the Grantee hereby expressly acknowledge that the Property is being conveyed free and clear of all liens and encumbrances except and subject to all easements and rights-of-way in place or of record; all zoning and other governmental rules and regulations; real property taxes for 1990 and all subsequent years; and an existing agricultural lease which expires on December 31, 1990. Grant of Agricultural Easements. The Grantor hereby grants and conveys unto the Grantee, its successors and assigns, forever, a perpetual, non-exclusive road easement and right-of-way over and across the existing roads which traverse the parcel of real property described on Exhibit "B" attached hereto and incorporated herein by reference ("the Retained Parcel") and over and across any roads hereafter constructed on the Retained Parcel (or which are substituted for same) . The easement hereby conveyed shall be non-exclusive, thereby allowing the Grantor, its successors and assigns, the right to use said existing roads but not to the exclusion of the Grantee, its successors and assigns. The easements hereby granted may be utilized by the Grantee, its successors and assigns, only as access easements in connection with farming or other agricultural activities conducted on the Property. The Grantor, its successors and assigns, shall have the right, but not the obligation, to maintain, repair, and rebuild the existing road or roads (and any substitutes therefor) . SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 001 B 1259 REC 02208866 03/26/90 09:46 *45.00 2/009 • F 0617 MARY ANN FEDERSTEIN CLERK 6 RECORDER WELD CO, CO .-. Restrictive Covenant - Heiaht Restrictin,. For a period of twenty (20) years following the date of this Special Warranty Deed, no buildings, structures, or other improvements of any kind shall be constructed, erected, or installed on the easterly five hundred feet (500') of the Property which exceed a height of forty feet (40'). The foregoing restriction shall run with the Property and shall be binding upon all parties having any right, title, or interest in the Property, or any part thereof, and shall inure to the benefit of the Grantor, its successors and assigns, and to any subsequent owners of the real property which is described on Exhibit "C" attached hereto and incorporated herein by reference ("the Benefitted Property"). The Grantee, by accepting the conveyance of the Property, agrees that the foregoing restriction shall be binding upon the Grantee, its successors and assigns, and any other party having any right, title, or interest in the Property or any part thereof. The Grantor, its successors and assigns, and any subsequent owners of the Eenafitted Property, shall have the right to enforce the foregoing restriction by proceedings at law or in equity against any person or persons violating such restriction. IN WITNESS WHEREOF, the Grantor and the Grantee has executed this Special warranty Deed on the date set forth above. EASTMAN KODAK COMPANY, ATTEST: nub a New Jersey Corporation Ir '�Ob esc,., Asst. SeCy. BY fl49t,t , Vice Pres. ..—' . WINDSOR RESOURCE CORPORATION, �0". aaent . rporation ;•'1 in Co4�n�'1 lull; O s s co T'rm iry•,W. N sler, S 4%. 'Stunt Secretary �''+�'l YSOae STATE OF NEW YORK ) yn ss. COUNTY OF /'/onls•c. ) The foregoing instrument was a knowledged,byefore me this L-1--' day of March, 1990 by (//,r6p,GGin,,.. .r Fn,.,,6L.. as vice President and V,.,e, /r /`nL•,,,/,._. as Assistant Secretary of EASTMAN KODAK COMPANY, a New Jersey Corporation. WITNESS my hand and official seal. My commission expires: /h�� 4 situ's, samtarno �IIMI�RIp"r/d�A1wrN�:�t I ; •yy 941 Ma anMImibobu YRtla Notary Public ur• V 1 '1 ./: az / %&%, s- •..d i - 2 - SKLD WW 10 . 199. 51 . 65 WE 2208866-1990 . 002 • • 8 1259 REC 02208866 03/26/90 09:46 *45.00 3/009 , • F 0618 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO STATE OF COLORADO ) SS. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of March, 1990, by Craig Harrison, as President, and Timothy W. Hasler, an Assistant Secretary, of WINDSOR RESOURCE CORPORATION, a Colorado Corporation. WITNESS my hand and official seal. A::X. p 12y My commission expires: t5/., • v 'c • , r� NotarydPublic /� � • SI A r - 3 - SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 003 B 1259 REC 02208866 03/26/90 09:46 *45.00 4/009 • F 0619 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT h 2. Covering the Land in the State of Colorado, County of Weld. Described as: PARCEL 1: A parcel of land located in Sections 28 and 29, Township 6 North, Range 67 west of the 6th P.M. , more particularly described as follows; COMMENCING at the Northwest corner of said Section 20, and considering the North line of the Northwest Quarter of Section 28 to bear South 89' 36'20' East with all bearings contained hisrein relative thereto; thence south 34'07'42" East, 84.95 feet to a point on the South right-of-way line of Weld County Road 66 as recorded in Book 924, under Reception Number 1846035 of the records of Weld County, said point being the TRUE POINT OP BEGINNING. Thence along said sight-of-way line the following 2 courses: South 89'36'47" East, 931 .38 feet; North 80'49'46" East, 147.22 feet to a point on the South line of a parcel of land as recorded in Book 924, under Reception Neater 1845543 of the records of Weld County. Thence along said Southerly line the following 6 courses: South 46'55'00" East, 55. 57 feet, South 57' 15'00" East, 70.00 feet, South 70'45'00• East, 87.00 feet, South 89'36'20' East, 140.00 feet, North 80'49'49' East, 80.00 feet, North 75'26'00' East, 60.00 feet, to a: point oa the South line of a parcel of land as recorded in Boob 1000, Page 83 of the records of Weld County. Thence along said line, North 53'49'54" East, 201.24 feet to the North line of the Northwest Quarter of Section 28; thence along the North line of the Northwest Quarter, South 89'36'20" East, 838.93 feet to the North Quarter Corner of said Section 28; thence along the North line of the Northeast Quarter, South 89'36'20" East, 652.00 feet to a point of the South right-of-way line of Weld County Road 66 as recorded in Book 924, under Reception No. 1846036 of the records of Weld County. Thence along said line the following 3 courses: South 85'10'32" East, 908.55 feet; South 89'37'44" East, 432.35 feet; South 89'36'22' East, 486.26 feet to a point on the West right of way line of the Great Western Railway as recorded in Book 271, Page 319 of the records of Weld County; thence along said right-of-way line North 00' 14'35• West 70.00 feet to the North line of the Northeast Quarter of Section 28; thence along the North line of the Northeast Quarter, South 89'36'20" East, 108.69 feet to the Northeast Corner of Section 28; PAGE 3 8028657 C-3 SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 004 B 1259 REC 02208866 03/26/90 09:46 *45.00 5/009 F 0620 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO thence along the East line of the Northeast Quarter of said Section 28, South 00' 12.57• East, 2632. 37 feet to the East Quarter Corner of said Section; thence along the East line of the Southeast Quarter of said Section, South 00' 13' 14" East, 2633. 37 feet to the Southeast Corner of Section 28; thence along the South line of the Southeast Quarter, south 89'42 '41 ' West, 2598.20 feet to the South Quarter Corner of said Section 28, thence along the South line of the Southwest Quarter of said Section, South 89'42'47" West, 554.37 feet; thence North 00'00'00" East, 1066.31 feet; thence North 81'11 '14" West, 235.82 feet; thence North 78'04'42" West, 676.38 feet; thence North 60'18'55" West, 96.58 feet; thence North 62'58'59" West, 312. 74 feet; thence South 00'00'00" West, 1 ,458.77 feet to a point on the South line of the southwest Quarter of said Section 28, thence along the South line of the Southwest Quarter of Section 28, South 89'42'47" West, 784.88 feet to the Southwest corner of Section 28; thence along the South line of the Southeast Quarter of the Southeast Quarter of Section 29, South 89'38'26' West, I,299.47 feet to the Southwest corner of the Southeast Quarter of the Southeast Quarter of said Section 29, thence North 00'01 '08" East, 1,320. 17 feet to the Northwest Corner of the Southeast Quarter of the Southeast Quarter of said'Section 29, thence along the West line of the Northeast Quarter of the Southeast Quarter of said Section 29, North 00'02'07" East, 1,092.93 feet to a point on the Southeasterly right of way line of Weld County Road 17 as recorded in Book 1040, under Reception Number 1977816 of the records of Weld County; thence along said right-of-way the following 8 courses: North 24'45'23" East, 232.68 feet to the beginning of a curve to the right having a central angle of 31'00'00" and a radius of 1,027.30 feet, whose long chord bears North 38'41'40' East, 549.07 feet, thence along the arc of said curve 555.82 feet; thence North 54'11 '40" East, 544. 12 feet, thence along the arc of a curve to the left having a changing radius (beginning radius 1,129.43 feet and ending radius 1,149.43 feet) whose central angle is 21'13'55" and whose long chord bears North 46' 15'34" Bast, 420.28 feet to the beginning of a curve to the left whose radius is 1,149.43 feet, having a central angle of 32' 46'05", whose long chord bears North 16'34'42" Bast, 648.45 feet, thence along the arc of said curve 657.37 feet; thence North 00'11 '40" East, 356.00 feet; thence North 3'37' 11" West, 300.67 feet; thence North 00'11 '40" East, 325.80 feet to a point on the South right of way line of Weld County Road 66, said point being the TRUE POINT OF BEGINNING. EXCEPT that part of the East half of Section 28 as described in PAGE 4 8028857 C-3 SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 005 _. _ _ _ B 1259 REC 02208866 03/26/90 09:46 045.00 6/009 F 0621 MARY ANN FEOERSTEIN CLERK S RECORDER WELD CO, CO deed to the Northern Colorado Construction Company recorded in Book 271 at Page 319; ALSO EXCEPTING THEREFROM a right of way 30 feet in width for county road and public highway grantei to the County of Weld by instrument recorded March 14, 1910 in Book 327, Page 86 (weld County Road 64) . • PARCEL 2: A parcel of land located in Sections 32 and 33, Township 6 North, Ranee 67 West of the 6th P.M. , being more particularly described as follows: COMMENCING at the Northeast corner of said Section 33, and considering the North line of the Northeast Quarter of said Section 33 to bear North 89'42'41" East with all bearings contained herein relative thereto, said point being the TRUE POINT OF BEGINNING. Thence along the East line of the Northeast Quarter of said Section, South 00' 13' 34" East, 2631.83 'feet to the East Quarter Corner of said Section 33; thence along the East line of the Southeast Quarter of said Section, South 13'34'57" East, 2767.09 feet to the Southeast Corner of said Section 33, • thence along the South line of the Southeast Quarter of said Section, South 89'21 ' 19" West, 2542.50 feet to the South Quarter Corner of said Section 33, thence along the West line of the Southeast Quarter of said section, North 7'38 '30" Nest, 99.67 feet, thence along the Westerly line of a parcel of land as recorded in Book 742, Reception Number 1663722 of the records of Weld County, North 14' 32'03" West, 2662.32 feet to the South line of tit*. Northwest Quarter of said Section 33; thence along the South line of the Northwest Quarter of said Section, South 89'03 '21" West, 1315.38 feet, to a point on the Northeasterly line of a parcel, of land as recorded in Book 742, Reception Number 1664427 of the records of Weld County; • thence along said line the following 2 courses: • • • North 56' 25'34" West, 1131 .43 feet; . North 29'26'31" West, 685.87 feet to the West line of the SoUthwe'st•Quarter of the Northwest Quarter of said Section 33; thence along the West line of the Southwest Quarter of the Northwest Quarter of said Section, North 1'31 '04" West, 101 ,01 feet to the Northwest Corner of the Southwest Quarter of Northwest Quarter of said Section 33, thence along the South line of the Northeast Quarter of the Northeast Quarter of Section 32, South 89'39'08" West, 1104.88 feet to the centerline of an existing county road; thence along said centerline North 10' 58 '41" West, 1123. 30 feet to a point on the West line of the Northeast Quarter of the Northeast Quarter of said Section 32; thence along the west line of the Northeast Quarter of the Northeast Quarter of said Section, North 3'49'58" West, 242. 27 feet to the Northwest corner of the Northeast Quarter of the Northeast Quarter of said Section 32. Thence along the North line of the Northeast Quarter of the PAGE 5 8028657 C-3 SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 006 • B 1259 REC 02208866 03/26/90 09:46 ,*45.00 7/009 F 0622 MARY ANN PEUERSTEIN CLINE & RECORDER WELD CO, CO • Northeast Quarter of said Section, North 89'38'26" East, 1299.47 feet to the Northeast corner of said section 32; thence along the North line of the Northwest Quarter of Section 33, North 89'42'47" East 2598.56 feet to the North Quarter Corner of said Section 33; thence along the North line of the Northeast Quarter of said Section, North 89'42'41" East 2598.20 feet to the TRUE POINT OF BEGINNING. EXCEPT that part of the Northeast Quarter of the Northeast Quarter of section 33 and that part of the Southeast Quarter of the Southeast Quarter of Section 33, all as described in deed to the Northern Construction Company, recorded in Book 271 at Page 319; EXCEPT that part of the Southeast Quarter of the Southeast Quarter of said Section 33, described in deed to H. V. Crumly and Mary Ruby Crumly recorded in Hook 1593 at Page 301, as corrected by deed recorded in Book 1594 at Page 514; EXCEPT that part of the Southeast Quarter of the Southeast Quarter of said section 33 described in deed to Weld County recorded in Book 996 at Page 620; EXCEPT those parts thereof described in deeds to Weld County recorded in Book 995 at Pages 161 and 162; EXCEPT that portion of the Southeast Quarter of Section 33, as conveyed in deed to H. V. Crumly and Mary Ruby Crumly recorded in Book 614, Reception Number 1535604; EXCEPT that portion of the Northeast Quarter of the southeast Quarter and the Southeast Quarter of the Northeast Quarter of said Section 33 as described in the deed to the Northern Colorado Construction Company recorded in Book 273, Page 2. EXCEPT Right-of-way 30 feet in width for county road and public highway granted to the County of Weld by instrument recorded March 14, 1910 in Book 327, Page 86. ' TOGETHER WITH all rights, title, and interest of the Grantor in and to any wells and well rights, ditches and ditch rights, reservoirs and reservoir rights, belonging or in any way appertaining to the above-described property, including, but not limited to, forty (40) shares of the capital stock of The Whitney Ditch Company, one hundred (100) shares of the capital stock of The B. H. Eaton Company, and ,four (4) shares of the capital stock of The New Cache La Poudre Irrigation Company. • PAGE 6 8028657 C-3 • SKLD WW 10 . 199 . 51 . 65 WE 2208866-1990 . 007 - - S 1259 REC 02208860 03/26/90 09:46 845.00 8/00. • F 0623 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • • ' EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY DEED BETWEEN EASTMAN KODAK COMPANY ("THE GRANTOR") AND WINDSOR RESOURCE CORPORATION ("THE GRANTEE") J*GAL DESCRtPTIO(i OF THE RETAINED PARCEL A parcel of land located in Section 28, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado more particularly described as follows: Commencing at the Southwest corner of said Section 28, and considering the South line of the Southwest Quarter of section 28 to bear North 89.42'47" East with all bearings contained herein relative thereto, thence along the South line of the Southwest Quarter of said Section North 89'42'47" East, 784.88 feet TO THE TRUE POINT OF BEGINNING. Thence the following 7 courses: North 00'00'00" East, 1458.77 feet, South 62'58'59" East, 312.74 feet, South 60'18'55" East, 96.53 feet, South 78'04'42" East, 678.38 feet, South 81'11'14" East, 235.82 feet, South 00'00'00" West, 1086.31 feet, South 89'42'47" West, 1259.31 feet, to THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM that portion of a right-of-way 30 feet in width for county road and public highway granted to the county of Weld by instrument recorded March 14, 1910, in Book 327, Page 86; (Weld County Road 64) located across the Southerly 15 feet of said property containing 0.43 acres more or less. SKID WW 10 . 199 . 51 . 65 WE 2208866-1990 . 008 B 1259 RISC 02208866 03/26/90 09:46 S45.00 9/009 • F 0624 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO ' EXHIBIT "C" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY DEED BETWEEN EASTMAN KODAK COMPANY ("THE GRANTOR") AND WINDSOR RESOURCE CORPORATION ("THE GRANTEE") LgoAL DESCRIPTION OF THE BENEFITTED PROPERTY All real property owned by the Grantor in Sections 26, 27,. 34, and 35, in Township 6 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, as of the date of this Special Warranty Deed. SKLD WW 10 . 199. 51 . 65 WE 2208866-1990 . 009 PRODUCERS RR-PAID UP Rev.5.60,No.2(94RT) OIL AND GAS LEASE `173 AGREEMENT,Made and entered into the 29thday of June ,200 0 ,by and between A. Joyce Carter and Warren W. Carter, wife and husband whose address is 18164 Brittany Drive SW, Seattle, WA 98166 ,hereinafter called Lessor(whether one or more)and Prima Oil&Gas Company whose address is 1801 Broadway, Suite 500,Denver, CO 80202 hereinafter called Lessee: WITNESSETH,That the Lessor,for and in consideration of TEN AND MORE($10.00+) DOLLARS cash in hand paid,the receipt and sufficiency are hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised,leased and let,and by these presents does grant,demise,lease and let exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of mining, exploring by geophysical and other methods,and operating for and producing therefrom oil,gas,casinghead gas,and other liquid and gaseous hydrocarbons,and all constituents of gas,including inert constituents such as,but not limited to,helium,and all other minerals or substances,whether similar or dissimilar,that may he produced from any well drilled under the terms of this lease, with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of structures thereon to produce,save and take care of said products,all that certain tract of land,together with any reversionary,remaindermen and executory rights therein,situated in Weld County Colorado ,described as follows,to- wn: Township 6 North, Ranee 67 West,61h P.M. Section 34: S/2N/2, S/2SW/4, W/2SE/4 less and except those certain tracts more particularly described in Book 995 at Page 163 and Book 995 at Page 165. and containing 319.40 acres,more or less,together with all strips or parcels of land(not,however,to he construed to include parcels comprising a regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous to the above described land and owned or claimed by Lessor. I. It is agreed that this lease shall remain in force for a term of five(5) years from this date and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter provided. If,at the expiration of the primary term of this lease,oil or gas is not being produced on the leased premises or on acreage pooled therewith but lessee is then engaged in drilling or re-working operations thereon, then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled therewith; and operations shall be considered to he continuously prosecuted if not more than one hundred twenty(120)days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith,the production thereof should cease from any cause after the primary term, this lease shall not terminate if Lessee commences additional drilling or re- working operations within one hundred twenty(120)from dale of cessation of production or front date of completion of dry hole. If oil or gas shall he discovered and produced as a result of such operations at or after the expiration of the primary term of this lease.this lease shall continue in force so long as oil or gas is produced from the leased premises or on acreage pooled therewith. 2. This is a PAID-lrP!.E ASV In consideration of the down cash payment.I essor agrees that 1 essee shall not he ohlieated.except as otherwise provided herein.to commence or continue any operations during the primary term. Lessee may at any time or times during or after the primary term surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases, and be relieved of all obligation thereafter accruing as to the acreage surrendered. 3. In consideration of the premises the said Lessee covenants and agrees: 1st. To deliver to the credit of Lessor,free of cost, in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1(8)part of all oil produced and saved from the leased premises. 2nd. To pay Lessor one-eighth(1/8)of the gross proceeds each year,payable quarterly,for the gas front each well where gas only is found,while the same is being used off the premises,and if used in the manufacture of gasoline a royalty of one-eighth(1/8),payable monthly at the prevailing market rate for gas. 3rd. To pay lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth (I8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate. 4. Where gas from a well capable of producing gas is not sold or used,Lessee may pay or tender as royalty to die royalty owners One Dollar per year per net royalty acre retained hereunder,such payment or tender to he made on or before the anniversary date of this lease next ensuing after the expiration of IRO days from the date such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made,it will be considered that gas is being produced within the meaning of this lease. 5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein.then the royalties(including any shut-in gas royalty)herein provided for shall be paid the Lessor only in the proportion which lessor's interest bears to the whole and undivided fee. 6. Lessee shall have the right to use,free of cost gas,oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor. 7. When requested by Lessor,Lessee shall bury Lessee's pipe line below plow depth. 8. No well shall he drilled nearer than 200 feet to the house or barn now on said premises without written consent of Lessor. 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10.Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises,including the right to draw and remove casing. ex,. I I.The rights of Lessor and Lessee hereunder may he assigned in whole or part. No change in ownership of Lessor's interest(by assignment or otherwise)shall he binding on Lessee until Lessee has been furnished with notice,consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title front Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or constructive,shall he binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee,and all Lessee's operations may he conducted without regard to any such division. If all or any part of this lease is assigned,no leasehold owner shall he liable for any act or omission of any other leasehold owner. 12.Lessee,at its option, is hereby given the right and power at any time and from time to time as a recurring right,either before or after production,as to all or any part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include formations not producing oil or gas,may he reformed to exclude such non-producing formations. The forming or reforming of any unit shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation, which declaration shall describe the unit. Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production,drilling or re-working operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall he treated as if it were production. drilling,or re-working operations or a well shut in tx want of a market under this lease. In lieu of the royalties elsewhere herein specified, including shut-in gas royalties, Lessor shall receive on production front the unit so pooled royalties only on the portion of such production allocated to this lease;such allocation shall be that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit hears to the total number of surface acres in such unit. In addition to the foregoing, Lessee shall have the right to unitize, pool,or combine all or any part of the above described lands as to one or more of the formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and, front time to time, with like approval, to modify, change or terminate any such plan or agreement and. in such event, the teens, conditions and provisions of this lease shall he deemed modified to conform to the terms, conditions,and provisions of such approved cooperative or unit plan of development or operation and. particularly, all drilling and development requirements of this lease, express or implied, shall he satisfied by compliance with the drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agreement. In the event that said above descrihed lands or any part thereof. shall hereafter he operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan-then the production allocated to any particular tract of land shall, for the purpose of computing the royalties to be paid hereunder to lessor,he regarded as having been produced from the particular tract of land to which it is allocated and not to any other tract of land;and the royalty payments to he made hereunder to Lessor shall he based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of lessee. 13.All express or implied covenants of this(ease shall be subject to all Federal and State laws.Executive Orders.Rules or Regulations,and this lease shall not he terminated,in whole or in part,nor Lessee held liable in damages,for failure to comply therewith,if compliance is prevented by,or if such failure is the result of,any such law,Order,Rule or Regulation. l 111111 IIIII gill IIII 111111 1111 111111 III IIIII IIII I'll 2803473 10/30/2000 03:57P JA Sukl Tsukamoto 1 of 2 R 10.00 D 0.00 Weld County Co 14. Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any time to redeem for Lessor,by payment,ally mortgages,taxes or other liens on the above described lands,in the event of default of payment by Lessor and be subrogated to the rights of the holder thereof;and I cssor hereby agrees that any such payments made by I.essee for the Lessor may he deducted from any amounts of money which may become due the Lessor under the terms of this lease. The undersigned Lessors,for themselves and their heirs,successors and assigns,hereby surrender and release all right of dower and homestead in the premises described herein,insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made, as recited herein. 15. Should any one or more of the panics hereinabove named as Lessor fail to execute this Lease, it shall nevertheless he binding upon all such panics who do execute it as Lessor. The word"Lessor",as used in this lease,shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of this lease shall be binding on the heirs,successors and assigns of Lessor and Lessee. IN WITNESS WHEREOF,this instniment is executed as of the date first above written. l• . o # dyVd:---7-74-/-) A. Joyce rter� Warren W Carter SS/Fax ID# 537-44-9358 STATE of Wass)hingtoll ACKNOWLEDGEMENT-INDIVIDUAL • COUNTY of c/�/n BEFORE ME,the undersigned,a Notary Public.in and for said County and State,on this 5- thy 9.4`'�of ,200 0 , personally appeared A. Joyce Carter and Warren W. Carter, wife and husband ,to me known to be the identical person S ,described in and who executed the within and foregoing instrument of writing and acknowledged to me that I he y duly executed same as their free and voluntary act and deed for the uses and purposes therein set forth and in the capacity stated therein. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my notarial seal the day and year last above written. My Commission ///- /7 Expires: C. / [/J ., 1 ee �ERES4 tll Notary Public: � // JJ 4 --,\,-•••g1ON••• 1- ll Address: / 7k /I/` //a'r' /('L11Ce^^°i/ ''// /% f •: \ CC�4. Ir 'RV r'7 7�/ 7 Sni•p NOTARY m•, 9r, le- :U N: J ti • r'UBLted 5 1"e. OF W.aS4 WHEN RECORDED RETURN TO: PRIMA OIL & GAS COMPANY 1801 BROADWAY, SUITE 500 DENVER, CO 80202-3833 HBO 11111 111111 IIII 111111 IIII 111111 III HIM IIII 2803473 10/30/2000 03:57P JA Suki Tsukamoto 2 of 2 R 10.00 D 0.00 Weld County CO /'^ C / 1111111111111111111111111111111111111111111111 2806565 11/14/20u0 09:34A JA Suki Tsukamoto 1 of 1 R 5.00 D 0.00 Weld County CO CORRECTION OF DESCRIPTION OF LEASE WHEREAS, we the undersigned, as the Lessors, did under the date of August 11, 2000, make and execute unto Prima Oil & Gas Company, as Lessee, our certain oil and gas lease, covering the certain lands owned by us, situated in Weld County, Colorado, and described in said lease as follows, to-wit: Township 6 North, Range 67 West, 6" P.M. Section 34: S/2N/2, S/2SW/4, W/2SE/4 less and except those certain tracts more particularly described in Book 995 at Page 163 and Book 995 at Page 165. containing 319.40 acres more or less AND WHEREAS, said description is incomplete and indefinite, and the lands intended to be covered by said lease are more accurately described as follows, to-wit: Township 6 North, Ranqe 67 West, 6`" P.M. Section 34: S/2N/2, S/2SW/4, W/2SE/4 less and except those certain tracts more particularly described in Book 995 at Page 163 and Book 995 at Page 165. Containing 319.70 acres more or less in said County and State. NOW, THEREFORE, in consideration of the premises, and for the purpose of making the said lease more definite and certain in respect to the identity of the lands intended to be covered thereby, we do hereby declare that it was and is our intention to lease for oil and gas purposes the identical tract of land last above described; and we hereby amend said lease in respect to the description of the lands included therein. as aforesaid, and ratify and adopt the same as so amended. r WITNESS our hands and seals this 3 I day of ( c 1-©he r_, 2000. 674/vitt- %Ad 6 A. J ce'Carter Warren W. Carter STATE OF w P T ) ss. COUNTY OF 4'1 { tJ C/ /� The foregoing instrument was acknowledged before me this .3 / day of V enter) , 2000. by A. Joyce Carter and Warren W. Carter, wife and husband. My Commission Expires,,, 1 7-i 7-O3 - RES,4`‘, 6!iit— �<s"4i0N'4...(F", Notary Public f 1r;oNpTAR Y 9N'; ' i (A-1 Address: i 7k/d'' ! �uC-4- ' : nueoc i Ze daze, 1 wit) 9F/y1 reorre PRODUCERS 88-PAID UP Rev.5-60,No.2(94RT) OIL AND GAS LEASE Li 7 AGREEMENT,Made and entered into the 29u' day of June ,200 0 ,by and between Peggy E. Pitsenbarger and Paul M.Pitsenbarger, wife and husband whose address is 2725 Dicricx Drive, Mountain View, CA 94040 ,hereinafter called Lessor(whether one or more)and Prima Oil &Gas Company whose address is 1801 Broadway, Suite 500,Denver, CO 80202 hereinafter called Lessee: WITNESSET}l,That the Lessor,for and in consideration of TEN AND MORE($10.00 +) DOLLARS cash in hand paid,the receipt and sufficiency are hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised,leased and let,and by these presents does grant,demise,lease and let exclusively unto the said Lessee,the land hereinafter described, with the exclusive right for the purpose of mining, exploring by geophysical and other methods,and operating for and producing therefrom oil,gas,casinghead gas,and other liquid and gaseous hydrocarbons,and all constituents of gas,including inert constituents such as,but not limited to,helium,and all other minerals or substances,whether similar or dissimilar,that may he produced from any well drilled under the terms of this lease, with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of structures thereon to produce,save and take care of said products,all that certain tract of land,together with any reversionary,remaindermen and executory rights therein,situated in Weld County Colorado ,described as follows,to-wit: Townshi r 6 North Ran a 67 West 6h P.M. ection 34: /2N/2, S/2 W/4, W/2S 4 ess and except those certain tracts more particularly described in Book 995 at Page 163 and Book 995 at Page 165. and containing 319.40 acres,more or less,together with all strips or parcels of land(not,however,to be construed to include parcels comprising a regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous re therabovedaseribed landandowned or claimed by Lessor. I. It is agreed that this lease shall remain in force for a term of live (5) years from this date and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter provided. If,at the expiration of the primary term of this lease,oil or gas is not being produced on the leased premises or on acreage pooled therewith but lessee is then engaged in drilling or re-working operations thereon,then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled therewith; and operations shall be considered to he continuously prosecuted if not more than one hundred twenty(120)days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith,the production thereof should cease from any cause after the primary term, this lease shall not terminate if Lessee commences additional drilling or re- working operations within one hundred twenty(120)from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and produced as a result of such operations at or after the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced from the leased premises or on acreage pooled therewith. 2. This is a PAID-UP LEASE,. In consideration of the down cash payment.L e"or agrees hat LeFeee shell not he obligated,except as otherwise _.,sled herein,uo commence or continue any operations during the primary term. Lessee may at any time or times during or after the primary term surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases,and he relieved of all obligation thereafter accruing as to the acreage surrendered, 3. In consideration of the premises the said Lessee covenants and agrees: 1st. To deliver to the credit of Lessor,free of cost, in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1/8)part of all oil produced and saved from the leased premises. 2nd. To pay Lessor one-eighth(I/8)of the gross proceeds each year,payable quarterly.for the gas from each well where gas only is found,while the same is being used off the premises,and if used in the manufacture of gasoline a royalty of one-eighth(1/8).payable monthly at the prevailing market rate for gas. 3rd. To pay Lessor for gas produced from any oil well and used on'the premises or in the manufacture of gasoline or any other product a royalty of one-eighth (1/8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate. 4. Where gas from a well capable of producing gas is not sold or used,lessee may pay or tender as royalty to the royally owners One Dollar per year per net royalty acre retained hereunder,such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of 180 days from the date such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made,it will be considered that gas is being produced within the meaning of this lease. 5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the royalties(including any shut-in gas royalty)herein provided for shall he paid the Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee. 6. Lessee shall have the right to use,free of cost.gas,oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor. 7. When requested by Lessor,Lessee shall bury Lessee's pipe line below plow depth. 8. No well shall he drilled nearer than 200 feet to the house or bans now on said premises without written consent of Lessor. 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10.Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises.including the right to draw and remove casing. II.The rights of Lessor and Lessee hereunder may he assigned in whole or part. No change in ownership of Lessor's interest(by assignment or otherwise)shall be inding on Lessee until Lessee has been furnished with notice,consisting of certified copies of all recorded instruments or documents and other information necessary .o establish a complete chain of record title from Lesso, —' •ua^ only with respect to payments thereafter made. No other kind of notice, whether actual or constructive,shall he binding on Lessee. No present or ft '•- -^'^different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee,and all I. `vision. If all or any part of this lease is assigned.no leasehold owner shall he liable for any act or 12.Lessee,at its option,is hereby given the right and pa :fore or after production,as to all or any part of the land described herein and as to any one or mo /q to and the mineral estate covered by this lease with other land,lease or leases in the immediate vie C`% � ' '-3 ( f- .ion of either,when in Lessee's judgment it is necessary or advisable to do so, and irrespective o er land, lease or leases. Likewise, units previously formed to include formations not producing o' is. The forming or reforming of any unit shall he accomplished by Lessee executing and filing of laration shall describe the unit. Any unit may include land upon which a well has theretofore bee' Ur/f3th 40 WI/� been commenced. Production,drilling or re-working operations or a web m shut for want of a in shall be treated as if is were production, drilling,or re-working operations or a well shut in for' re herein specified, including shut-in gas royalties, Lessor shall receive on production from their ated to this lease;such allocation shall be that proportion of the unit production that the total numl n 1/ ' ears to the total number of surface acres in such unit. In addition to the foregoing, Lessee shall ha ((/tJ-(�(,G /"�� ---LLL✓✓✓JJJ��---�� e described lands as to one or more of the formations thereunder with other lands in the same relopment or operation approved by any governmental authority and, from time to time, with agreement and, in such event, the terms, conditions and provisions of this lease shall be demme such approved cooperative or unit plan of development or operation and, particularly, all drillin shall be satisfied by compliance with the drilling and development requirements of such plan or ife of such plan or agreement. In the event that said above described lands or any part thereof, s I of development or operation whereby the production therefrom is allocated to different portion .0 any particular tract of land shall,for the purpose of computing the royalties to be paid hereon/ .lar tract of land to which it is allocated and not to any other tract of land;and the royalty paymet only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit pl /any governmental agency by executing the same upon request of Lessee, 13.All express or implied covenants of this lease s}_ es or Regulations,and this lease shall not be terminated,in whole or in part,nor Lessee held liable in damages.for tauutc.o..,,s oar., nted by,or if such failure is the result of,any such law,Order,Rule or Regulation. 1111111 III (IIII I1 Illl 111111 1111 111111 111 11111 III III 2803474 10/30/2000 03:57P JA Suki Tsukamoto 1 of 2 R 10.00 D 0.00 Weld County CO 14. Lessor hereby wan-ants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any time to redeem for lessor,by payment,any mortgages,taxes or other liens on the above described lands,in the event of default of payment by Lessor and he subrogated to the tights of the holder thereof,and Lessor hereby agrees that any such payments made by lessee for the Lessor may be deducted from any amounts of money which may become due the Lessor under the terns of this lease. The undersigned Lessors,for themselves and their heirs,successors and assigns,hereby surrender and release all right of dower and homestead in the premises described herein,insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made, as recited herein. 15. Should any one or more of the parties hereinabove named as lessor fail to execute this Lease, ii shall nevertheless he binding upon all such parties who do execute it as Lessor. The word"Lessor",as used in this lease,shall mean any one or more or all of the parties who execute this lease as lessor. All the provisions of this lease shall he binding on the heirs,successors and assigns of Lessor and Lessee. IN WITNESS WI IEREOF,this instrument is executed as of the date first above written. Peggy Vitsenbarger P 11 M. Pitsenbarglr 5S/Tax ID# 521-38-1730 STATE of California ACKNOWLEDGEMENT-INDIVIDUAL COUNTY of k✓1*C4 (�lC(6c.. BEFORE ME,the undersigned,a Notary Public,in and for said County and State,on this —1 day of U,c j. ,200 0 , personally appeared Peggy E. Pitsenbarger and Paul M. Pitsenbarger, wife and husband -----'- - ,to me known to be the identical person 5 ,described in and who executed the within and foregoing instrument of writing and acknowledged to me that i he V duly executed same as their free and voluntary act and deed for the uses and purposes therein set forth and in the capacity staled therein. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my notarial seal the day and year last above written. My Commission lc)I lot 03 Expires: �-'— VY�_ ` csp Notary Public: a 4- 3t Address: a oD El I m••� /LE[tl� j' bf-71. V1c o c-fl 9Ucv0 DEW MACNO C 242 COMM.#1223 • T - 1: NOTARY PUBUC-CALIF0RNLk % graarAcri �Y WHEN RECORDED RETURN TO: PRIMA OIL & GAS COMPANY 1801 BROADWAY, SUITE 500 DENVER, CO 80202-3833 � 111111 11111 1111111 1 ill 111111 IIII111111111111111111 lit 2803474 10/30/2000 03:57P JA Suki Tsukamoto 2 of 2 R 10.00 D 0.00 Weld County CO l 111111111111111110 I ''III III 1111111 III IIIII IIII IIII 6 0k o 2806566 11/14/2000 09:34A JA Suki Tsukamoto 1 of 1 ft 5.00 D 0.00 Weld County CO CORRECTION OF DESCRIPTION OF LEASE WHEREAS, we the undersigned, as the Lessors, did under the date of August 11, 2000, make and execute unto Prima Oil & Gas Company, as Lessee, our certain oil and gas lease, covering the certain lands owned by us, situated in Weld County, Colorado, and described in said lease as follows, to-wit: Township 6 North, Range 67 West, 6'h P.M. Section 34: S/2N/2, S/2SW/4, W/2SE/4 less and except those certain tracts more particularly described in Book 995 at Page 163 and Book 995 at Page 165. containing 319.40 acres more or less AND WHEREAS, said description is incompiete and indefinite, and the lands intended to be covered by said lease are more accurately described as follows, to-wit: Township 6 North, Range 67 West, 6th P.M. Section 34: S/2N/2, S/2SW/4, W/2SE/4 less and except those certain tracts more particularly described in Book 995 at Page 163 and Book 995 at Page 165. Containing 319.70 acres more or less in said County and State. NOW, THEREFORE, in consideration of the premises, and for the purpose of making the said lease more definite and certain in respect to the identity of the lands intended to be covered thereby, we do hereby declare that it was and is our intention to lease for oil and gas purposes the identical tract of land last above described; and we hereby amend said lease in respect to the description of the lands included therein, as aforesaid, and ratify and adopt the same as so amended. WITNESS our hands and seals this 3ex-day of to ho- , 2000. Pet Pitsenbarger O aul M. Pitse barger STATE OF CLA\At(h1w ss. COUNTY OF 5(kvikk Clttirk The foregoing instrument was acknowledged before me this 3c''' day of 0Gyb m- , 2000, by Peggy E. Pitsenbarger and Paul M. Pitsenbarger, wife and husband. My Commission Expires: I zll0\03 Notary Public Address: ;0(20 El CUM nib R&J /1JCJ3 "- frfcun ,n (/fLw on 9Yogo 4.1^.:•,t. DELMACAMACHO "ti1tar HA C�o�nwn P ♦+�c,I rrr , e 111111111111111111111111II III 1111111I111111111111Ill 1/14/2000 09.34A JA Suki Tsukamoto 1 of 2 82806564 110.00 D 0.00 Weld County CO RATIFICATION OF OIL AND GAS LEASE KNOW ALL MEN BY THESE PRESENTS: THAT, WI{EREAS, that certain oil and gas lease, dated the 10th day of August, 2000, from Eastman Kodak Company, a New Jersey corporation, as Lessor; to Prima Oil& Gas Company, as Lessee, recorded at Reception No. of the official records of Weld County, Colorado, is owned by Prima Oil & Gas Company, its successors or assigns, reference to said lease and to the records thereof being hereby made for all purposes, to wit: Insofar and only insofar as it pertains to the following lands Township 6 North, Range 67 West, 6'" P.M. Section 35: Lot "A" of that certain Recorded Exemption 0807-35-1-Re 1244 in the N/2NE/4 containing 77.60 acres, more or less r NOW, THEREFORE, in consideration of the sum of One Dollar($1.00) and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged, we, the undersigned, and each for himself and herself, as the case may be, do hereby ratify, adopt and confirm the hereinabove described Oil and Gas Lease in all of its terms and provisions and do hereby lease, demise and let said land and premises unto the said Lessee hereinabove named, his assigns and successors in interest, as fully and completely as if we had originally been named as Lessor in said lease and had executed, acknowledged and delivered the same; provided, however, that this instrument shall cover and bind all interest of the undersigned which may have been acquired subsequent to the date of the aforesaid Oil and Gas Lease and is intended further to cover and bind any interest which the undersigned may hereafter acquire by way of reversion or otherwise. It being provided further that the undersigned shall not be entitled to receive any portion of the rentals payable under said lease but such rentals shall be paid to the persons designated to receive such rentals in accordance with the terms and provisions of said oil and gas lease and their heirs, legal representatives, successors or assigns. We hereby agree and declare that said oil and gas lease in all of its terms and provisions is binding on us and each of us and is a valid and subsisting oil, gas and mineral lease and that this instrument shall be binding upon the respective heirs, executors, administrators, successors or assigns of the undersigned. e. i3,instrument may be executed in any number of counterparts, each of which shall be cops r , iginal for all purposes. CA EXEIU ED thisrb day of = 2000. ,, yf y�Jt°. 1, .t Family Trust • act Ruben Hergert, Trustee Pauline Scheid, Trustee i n�a/ of21Lc& nivonka, Trustee JCERS NH-PAID UP Lei, 5-60.No 2(94RT) OIL AND GAS LEASE 62 `7 AGREEMENT,Made and entered into the loth day of August ,200 0 ,by and between Eastman Kodak Company,a New Jersey corporation whose address is 9952 Eastman Park Drive, Windsor, CO 80551-1574 ,hereinafter called Lessor(whether one or more)and Prima Oil &Gas Company whose address is 1801 Broadway, Suite 500,Denver, CO 80202 hereinafter called Lessee: WITNESSETH,That the Lessor,for and in consideration of TEN AND MORE( $10.00+) DOLLARS cash in hand paid,the receipt and sufficiency are hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised,leased and let, and by these presents does grant,demise,lease and let exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of mining, exploring by geophysical and other methods,and operating for and producing therefrom nil,gas,casinghead gas,and other liquid and gaseous hydrocarbons,and all constituents of gas,including inert constituents such as,but not limited to,helium,and all other minerals or substances,whether similar or dissimilar,that may be produced from any well drilled under the terms of this lease, with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of structures thereon to produce,save and take care of said products,all that certain tract of land,together with any reversionary,remaindermen and executory rights therein,situated in Weld County Colorado ,described as follows,to-wit: See Exhibit"A"and "Addendum" attached hereto and by this reference made a part hereof. It is the intent of Lessor to lease all of their interest in and to all oil,gas and associated hydrocarbons under the subject lands. and containing 603.19 acres,more or less,together with all strips or parcels of land(not,however,to be construed to include parcels comprising a regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous to the above described land and owned or claimed by Lessor. I. It is agreed that this lease shall remain in forstYr a runt,„f four(4) years from this date and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased prer(iises ot'vq xxpagakooled therewith,or drilling operations are continued as hereinafter provided. If,at the expiration of the primary term of this lease;oil or gas is not'I52mginbtrutced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working operations thereon, then this lease shall 4ordini»`bcffilicaMtIong as operations are being continuously prosecuted on the leased premises or on acreage pooled therewith; and operations shall be considered itobe.corhtiwously prosecuted if not more than one hundred twenty(120)days shall elapse between the completion or abandonment of one well and the beginning df operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith,the production thereof should cease from any cause after the primary term, this lease shall not terminate if Lessee commences additional drilling or re- working operations within one hundred twenty(120)from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and produced as a result of such operations at or after the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced from the leased premises or on acreage pooled therewith. 2. This is a PAID-UP LEASE. In consideration of the down cash payment,Lessor agrees that Lessee shall not he obligated,except as otherwise provided herein,to commence or continue any operations during the primary term. Lessee may at any time or times during or after the primary term surrender this lease as to all or any portion of said land and as to anv strata or stratum by delivering to Lessor or by filing for record a release or releases,and he relieved of all obligation thereafter accruing as to the acreage surrendered. 3. In consideration of the premises the said Lessee covenants and agrees: lst. To deliver to the credit of Lessor,free of cost, in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1/8)part of all oil produced and saved from the leased premises. 2nd. To pay Lessor one-eighth(1/8)of the gross proceeds each year,payable quarterly,for the gas front each well where gas only is found,while the same is being used off the premises,and if used in the manufacture ofgasoline a royalty of one-eighth(1/8),payable monthly at the prevailing market rate for gas. 3rd. To pay Lessor for gas produced from any nil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth (1/8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate. 4. Where gas from a well capable of producing gas is not sold or used.Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty acre retained hereunder,such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of 180 days from the date such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made,it will be considered that gas is being produced within the meaning of this lease. 5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein.then the royalties(including any shut-in gas royalty)herein provided for shall he paid the Lessor only in the proportion which Lessor's interest hears to the whole and undivided fee. 6. Lessee shall have the right to use,free of cost,gas,oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor. 7. When requested by Iessor,Lessee shall bury Lessee's pipe line below plow depth. 8 No well shall be drilled nearer than 200 feet to the house or harp now on said premises without written consent of Lessor.9 Lessee shall pay for damages caused by Lessee's operations to growing crops on said land by Le63ec /' 10.Lessee shall have the right at any time to remove all machinery and fixtures place on said premises,including the right to draw and remove casing. I I.The rights of Lessor and Lessee hereunder may be assigned in whole or part. No change in ownership of Lessor's interest(hy assignment or otherwise)shall he hinding on Lessee until Lessee has been furnished with notice,consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title from Lessor- and then only with respect to payments thereafter made. No other kind of notice, whether actual or constructive,shall be binding on Lessee. No present or future division of Lessor's ownership as in different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee,and all Lessee's operations may he conducted without regard to any such division. If all or any part of this lease is assigned,no leasehold owner shall he liable for any act or omission of any other leasehold owner. 12.Lessee,at its option,is hereby given the right and power at any time and front time to time as a recurring right.either before or after production,as to all or any pan of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in I.essee's judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include formations not producing oil or gas,may he reformed to exclude such ion-producing formations. The forming or reforming of any unit .hall is ac.voinpii.simd by Lesser eneculi;rg:u,d fiiug of i ecoid a dcs'u:,ion.,f such uuida,uiou or is frontier, which declaration simii describe the unit. Any unit may include land upon which a well has theretofore been completed or upon which operations for du ill ing have theretofore been commenced. Production,drilling or re-working operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall he treated as if it were production, drilling,or re-working operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified, including shut-in gas royalties. Lessor shall receive on production front the unit so pooled royalties only on the portion of such production allocated to this lease;such allocation shall he that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit hears to the total number of surface acres in such unit. In addition to the foregoing, Lessee shall have the right to unitize, pool,or combine all or any part of the above described lands as to one or more of the formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and, from time to time, with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terms, conditions and provisions of this lease shall be deemed modified to conform to the terms, conditions,and provisions of such approved cooperative or unit plan of development or operation and, particularly, all drilling and development requirements of this lease, express or implied, shall be satisfied by compliance with the drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agreement. In the event that said above described lands or any part thereof, shall hereafter he operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan, then the production allocated to any particular tract of land shall, for the purpose of computing the royalties to he paid hereunder to Lessor,he regarded as having been produced from the particular tract of land to which it is allocated and not to any other tract of land;and the royalty payments to be made hereunder to Lessor shall he based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee. 13.All express or implied covenants of this lease shall be subject to all Federal and State laws, Executive Orders, Rules or Regulations,and this lease shall not be terminated,in whole or in part,nor Lessee held liable in damages,for failure to comply therewith,if compliance is prevented by,or if such failure is the result of,any such Law,Order,Rule or Regulation. 1 111111111111111111111111111111 111111 11111111 1111 1111 2803467 10/30/2000 03:57P JA Suki Tsukamoto 1 of 4 R 20.00 D 0.00 Weld County CO 14.Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any lime to redeem for Lessor,by payment,any mortgages,taxes or other liens on the above described lands,in the event of default of payment by Lessor and he suhrogated to the rights of the holder thereof,and Lessor hereby agrees that any such payments made by Lessee for the Lessor may be deducted from any amounts of money which may become due the Lessor under the terms of this lease. The undersigned Lessors,for themselves and their heirs,successors and assigns,hereby surrender and release all right of dower and homestead in the premises described herein,insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made, as recited herein. 15. Should any one or more of the parties hereinabove named as Lessor fail to execute this Lease, it shall nevertheless he binding upon all such parties who do execute it as Lessor. The word"Lessor",as used in this lease,shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of this lease shall be binding on the heirs,successors and assigns of Lessor and Lessee. IN WITNESS WHEREOF,this instrument is executed as of the date first above written. East Kodak Comp; y,a NC Jersey corporation Attest: / i SS/Tax lDd j c,., - i 1 1 l c STATE of (k �4� ACKNOWLEDGEMENT-CORPORATE. Ka�tr � COUNTY of l BEFORE ME,the undersigned,a Notary Public,in and for said County and State,on this 2<.J day of personally appeared 1 • ,;/ to rite-known to be the identical person who subscribed the name of the maker theceut to the foregoing mstr9menl as its -)er r,,,4! and acknowledged to me that c he executed the same as.')t/(C G FicC`free and voluntary act and deed and as the free and voluntary act and deed of such corporation by authority of its Board"Directors,for the uses and purposes therein set forth. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my notarial seal the day and year last above written. My Commission Expires: C KATHLEEN A ! / UA t) : /5())?J' VOGELE Not ry.Public: Notary Public,Slats of Nark* Address: Qualified Si Ontario Commission Expires 0 1111111 11111 1111111 IIII 111111 II11111111 III 11111 III! 1111 2803467 10/30/2000 03:57P JA Suki Tsukamoto 2 of 4 R 20.00 D 0.00 Weld County CO ,'`"" ADDENDUM Additional paragraphs attached to and made a part of Oil and Gas Lease dated August 10, 2000, by and between Eastman Kodak Company,a New Jersey corporation,as Lessor, and Prima Oil& Gas,Inc,as Lessee,to wit: 16. It is agreed that the words "one-eighth (1/8)" shall be changed to"fifteen per cent (15.00%)" in each place in the printed portion of this lease where said words"one-eighth(1/8)" are used with reference to payment by Lessee of royalties on oil and gas to Lessor. Str octure5 7. Lessee grees to consult with the surface owner and/or tenant as to all routes of ingress and egress. Prior to the construction of any ,roads,pipelines, tank battery installations, or installation of any other equipment on the leased premises, Lessee shall consult with the surface owner,representatives and/or tenants as to the location and direction of same. 18. Lessee shall have the right at any time during, or after expiration of, this Lease to remove all machinery, fixtures, houses, buildings and other structures placed by Lessee on the premises leased by Lessee,including the right to draw and remove all easing. Lessee agrees,upon completion of any test as a dry hole or upon abandonment of any producing well,to restore the leased premises to its original contour as near as practicable and to remove all of Lessee's installations equipment,materials and supplies within a reasonable time. Other damages of any kind to any part of Lessor's property caused by Lessee, its contractors or employees, shall be repaired by Lessee within fifteen(I5)days after receipt of notice from Lessor. 19. 1992 Weld County zoning ordinances for industrial I-1 zoning place requirements for a special review upon oil and gas drilling. As a continuing condition to each of Lessee's tights under this Lease,Lessee shall at all times comply with each such zoning requirements and any other law,regulation,rule or governmental requirement applicable to the use of the Premises. Lessor shall not be responsible for any cost associated with such compliance,and shall he reimbursed by Lessee for reasonable staff engineering costs incurred as a result of requests from the Lessee for plans,drawings and the attending of hearings. 20. That drilling operations shall not he permitted within 50 feet of major irrigation ditches,nor within 100 feet of Kodak paved roads.should Kodak paved roads suffer damage due to passage thereover of drilling rigs or other of Lessee's equipment or vehicles,Lessee will have such paved roads repaired to Lessor's satisfaction. 21. That on the"Leased Premises"of that certain Lease Agreement by mid between Eastman Kodak Company,as Lessor,and the State of Colorado acting by and through the Department of Natural Resources for the use and benefit of the Division of Wildlife and Wildlife Commission(the"State"),as Lessee,as to a part of the W/2 of Section 34-Township 6 North,Range 67 West, Lessee's drilling operations shall not be conducted within 200 feet of trails established by the State for the "Watchable Wildlife"area, and no drilling by Lessee shall be conducted anywhere on the premises leased by the State thereunder without the prior written consent of the State,acting through its Wildlife Manager. This lease and Addendum, and all its teens, conditions and stipulations shall extend to and he binding upon all of the heirs, administrators,executors,trustees,successors and assigns of Lessor and Lessee. IN WITNESS WHEREOF,we sign the day and year first above written. SIGNED FOR IDENTIFICATION: Eastman Kodak Company,a New Jersey corporation VIPS By: 11111111 1111111 IIII 111111 IIII 111111 III 11111 1111 111 2803467 10/30/2000 03:57P JA Suki Tsukamoto 3 of 4 R 20.00 D 0.00 Weld County CO Exhibit "A" Attached to and made a part of that certain Oil & Gas Lease dated August 10, 2000 by and between the Eastman Kodak Company, a New Jersey corporation, as Lessor and Prima Oil & Gas Company, as Lessee, to /it: Township 6 North, Range 67 West, 6th P.M. Section 34: N/2 less Weld County road more particularly described in Book 995 at Page 165 and Book 995 at Page 166, and, all that part of the S/2 less and except those certain parcels of land more particularly described in Book 625 at Reception No. 1547170, dated May 1, 1970, Book 602 at Reception No. 1524120, dated November 20, 1968, and Book 1'396 at Reception No. 2346661, dated March 22, 1990, and less Weld County road more particularly described in Book 995 at Page 162 and Book 995 at Page 163 , Section 35: Lot "A" of that certain Recorded Exemption 0807-35-I-Re 1244 in the N/2NE/4 111111111111111111111111111111111111111 III11111 Ili/ IIII 2803467 10/30/2000 03:57P JA Suki Tsukamoto 4 of 4 R 20.00 0 0.00 Weld County CO PkuUUCEKS 85-PAID UP Rev 5.60,No.2(94RT) OIL AND GAS LEASE AGREEMENT,Made and entered into the 20th day of October ,200 0 ,by and between Arthur Leroy Laufer,also known as Arthur L. Laufer,and Cheryl Laufer, husband and wife whose address is P.O. Box 974, Havre,MT 59501 ,hereinafter called Lessor(whether one or more)and Prima Oil &Gas Company whose address is 1801 Broadway, Suite 500,Denver, CO 80202 hereinafter called Lessee: WITNESSETII,That the Lessor,for and in consideration of TEN AND MORE($10.00+) DOLLARS cash in hand paid,the receipt and sufficiency are hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised,leased and let, and by these presents does grant,demise,lease :md let exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of mining, exploring by geophysical and other methods,and operating for and producing therefrom oil,gas,casinghead gas, and other liquid and gaseous hydrocarbons,and all constituents of gas,including inert constituents such as.but not limited to,helium,and all other minerals or substances,whether similar or dissimilar,that may be produced from any well drilled under the terms of this lease, with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of structures thereon to produce,save and take care of said products,all that certain tract of land,together with any reversionary,remaindertnen and executory rights therein,situated in Weld County Colorado ,described as follows,to-wit: Township 6 North, Range 67 West, 6th P.M. Section 34: N'/2SW'/4, excepting therefrom all that part lying West of the public road in the NW/4SW'/a, containing 3.00 acres, more or less, and, a tract of land in the N'/SW'/4, containing 0.30 acres, more or less, more particularly described in Book 995 at Page 162 111111111111111111111111 III 111111 111111 III III'I IIII IIII 2808976 11/27/2000 11:25A JA Suki Tsukamoto 1 of 2 R 10.00 D 0.00 Weld County CO and containing 76,70 acres,more or less,together with all strips or parcels of land(not,however,to be construed to include parcels comprising a regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous to the above described land and owned or claimed by Lessor. 1. It is agreed that this lease shall remain in force for a term of five(5) years from this date and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter provided. If,at the expiration of the primary term of this lease,oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling er re-working operations thereon, then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled therewith: and operations shall he considered to he continuously prosecuted if not more than one hundred twenty(120)days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith,the production thereof should cease from any cause after the primary term,this lease shall not terminate if Lessee commences additional drilling or re- working operations within one hundred twenty(120)from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and produced as a result of such operations at or after the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced from the leased premises or on acreage pooled therewith. 2. This is a PAID-UP LEASE. In consideration of the down cash payment,Lessor agrees that Lessee shall not he obligated,except as otherwise provided herein,to commence or continue any operations during the primary term. Lessee may at any time or times during or after the primary term surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases, and he relieved of all obligation thereafter accruing as to the acreage surrendered. 3. In consideration of the premises the said Lessee covenants and agrees: 1st. To deliver to the credit of Lessor, free of cost. in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1/8)part of all oil produced and saved front the leased premises. 2nd. To pay Lessor one-eighth(1/8)of the gross proceeds each year,payable quarterly,for the gas from each well where gas only is found,while the same is being used off the premises,and if used in the manufacture of gasoline a royalty of one-eighth(1/8),payable monthly at the prevailing market rate for gas. 3rd. To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth (1/8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate. 4. Where gas from a well capable of producing gas is not sold or used,Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty acre retained hereunder,such payment or tender to he made on or before the anniversary date of this lease next ensuing after the expiration of 180 days from the date such well is shut in and thereafter on or before the anniversary date of tins lease during the period such well is shut in. If such payment or tender is made,it will be considered that gas is being produced within the meaning of this lease. 5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the royalties(including any shut-in gas royalty)herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee. 6. Lessee shall have the right to use,free of cost,gas.oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor. 7. When requested by Lessor,Lessee shall bury Lessee's pipe line below plow depth. 8. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without written consent of Lessor. 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10.Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises,including the right to draw and remove casing. ea..I I.The rights of Lessor mid Lessee hereunder may be assigned in whole or part. No change in ownership of Lessor's interest(by assignment or otherwise)shall be riding on Lessee until Lessee has been furnished with notice,consisting of certified copies of all recorded instruments or documents and other information necessary .0 establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or constructive,shall he binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of lessee,and all Lessee's operations may he conducted without regard to any such division. If all or any part of this lease is assigned,no leasehold owner shall he liable for any act or omission of any other leasehold owner. 12.Lessee,at its option,is hereby given the right and power at any time and from time to time as a recurring right,either before or after production,as to all or any part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include formations not producing oil or gas,may be reformed to exclude such non-producing formations. The forming or reforming of any unit shall he accomplished by Lessee executing and tiling of record a declaration of such unitization or reformation, which declaration shall describe the unit. Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production.drilling or re-t.5ortting operations,or a •-!! shot in 6•r want „f', r arket anywhere on a unit which includes all or a part of this lease shall be treated as if it were production, drilling,or re-working operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified, including shut-in gas royalties, Lessor shall receive on production front the unit so pooled royalties only on the portion of such production allocated to this lease;such allocation shall be that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in such unit. In addition to the foregoing,Lessee shall have the right to unitize, pool,or combine all or any part of the above described lands as to one or more of the formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of devel opulent or operation approved by any governmental authority and. from time to time, with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terms, conditions and provisions of this lease shall he deemed modified to conform to the terms, conditions, and provisions of such approved cooperative or unit plan of development or operation and, particularly, all drilling and development requirements of this lease, express or implied, shall he satisfied by compliance with the drilling and development requirements of such plait or agreement,and this lease shall not terminate or expire during the life of such plan or agreement. In the event that said above described lands or any part thereof,shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan, then the production allocated to any particular tract of land shall, for the purpose of computing the royalties to he paid hereunder to Lessor,be regarded as having been produced from the particular tract of land to which it is allocated and not to any other tract of land:and the royalty payments to be made hereunder to Lessor shall he based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee. 13.All express or implied covenants of this lease shall he subject to all Federal and State Laws, Executive Orders, Rules or Regulations,and this lease shall not be terminated,in whole or in part,nor Lessee held liable in damages,for failure to comply therewith,if compliance is prevented by,or if such failure is the result of,any such Law,Order,Rule or Regulation. 14. I.essor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any time to redeem for lessor,by payment,any mortgages,taxes or other liens on the above described lands,in the event of default of payment by Lessor and he subrogated to the rights of the holder thereof,and Lessor hereby agrees that any such payments made by Lessee for the lessor may be deducted from any amounts of money which may become due the lessor under the terms of this lease. The undersigned Lessors,for themselves and their heirs,successors and assigns,hereby surrender and release all right of dower and homestead in the premises described herein,insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made, as recited herein. 15. Should any one or more of the parties hereinabove named as Lessor fail to execute this Lease, it shall nevertheless he binding upon all such parties who do execute it as Lessor. The word"Lessor",as used in this lease,shall mean any one or more or all of the patties who execute this lease as Lessor. All the provisions of this lease shall be binding on the heirs,successors and assigns of Lessor and Lessee. IN WITNESS WHEREOF,this instrument is executed as of the date first above written. '� v 7 GC ,a d known / I Arthur Leroy Laufer,a s sown Ashur L. Laufer Cheryl Laufer SS/Tax INS 7273 "' L/ F _ Z �- 1, STATE of ill Otk.r(LIK-0 _. ACKNOWLEDGEMENT-INDIVIDUAL ` I 4� COUNTY of 1fJl-� O2 y� sk Je BEFORE ME,the undersigned,a Notary Public,in and for said County and State,on this I day of � ' '`^w'/ ,200 0 , personally appeared Arthur Leroy Laufer, also known as Arthur L. Laufer,and Cheryl Laufer, husband and wife ,to me known to be the identical person S ,described in and who executed the within and foregoing instrument of writing and acknowledged to me that t he V duly executed sante as their free and voluntary act and steed for the uses and purposes therein set forth and in the capacity stated therein. IN WITNESS WIIEREOF,I have hereunto sot my hand and affixed my notarial seal the day and year last above written. My Commission C,�f 1 IP5Cf - Expires: 1 l ((. /�.ildla - I V" L '`-'f Notary Public: ‘,/•••4144—NMI-, NOTARY PUBLIC for the State of Montana Address: �fDN�• •-) AYip U�/ ��"dLN0ry y�.,, Residing at Havre,Montana � qyt Hsi �+e. I`. �,-- My Commission Expires 2-15-2004 _°*� .„4i., n = - i 1 IIIIII 11111 IIIIIII 11111 III III 1111112808976 11/27/2000 11:25A JA Suki TIII 11111 llll IIII '.' � aoin ....es ,,° 2 of 2 R 10.00 D 0.00 Weld County CO WIZEN RECORDED RETURN TO: PRIMA OIL & GAS COMPANY 1801 BROADWAY, SUITE 500 DENVER, CO 80202-3833 r ^ Q c PRODUCERS 88-PAID UP Rev.5-60.No.2(94RT) /,.F OIL AND GAS LEASE -.J AGREEMENT,Made and entered into the 20th day of October 200 0 ,by and between Daniel Bruce Laufer, also known as Daniel B. Laufer, and Glenda J. Laufer, husband and wife whose address is 4250 West 5740 South, Kearns,UT 84118-5133 ,hereinafter called lessor(whether one or more)and Prima Oil (Yr.Gas Company whose address is 1801 Broadway, Suite 500,Denver, CO 80202 hereinafter called Lessee: WITNESSETH,That the lessor,for and in consideration of TEN AND MORE(SI0.00+) DOLLARS cash in hand paid,the receipt and sufficiency are hereby acknowledged,and the covenants and agreements hereinafter contained has ranted,demised,leased and let,and by these and let exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of mining, e presents by geophysical gray and,lease methods,and operating for and producing therefrom oil,gas,casinghead gas, and other liquid andhydrocarbons, xp g y dad othet constituents such ass,but not limited to,helium,and all other minerals or substances,whether similarr or dissar tha may he produced from any well drilled uinert nder the terms of this lease, with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of structures thereon to produce,save and take care of said products, all that certain tract of land,together with any reversionary,remaindermen and executory rights therein,situated in Weld County Colorado ,described as follows,to-wit: Township 6 North, Range 67 West, 6i11 P.M. Section 34: N'/2SW/4, excepting therefrom all that part lying West of the public road in the NW'/4SW'/4, containing 3.00 acres, more or less, and, a tract of land in the N'/2SW'/4, containing 0.30 acres, more or less, more particularly described in Book 995 at Page 162 11111111111111111111111111111 III 1111111111111111111 IIII 2815653 12/27/2000 01:52P JA Sukt Tsukamoto 1 of 2 R 10.00 D 0.00 Weld County CO and containing 76.70 acres,snore or less,together with all strips or parcels of land(not,however,to be construed to include parcels Comprising a regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous to the above described land and Owned or claimed by Lessor. I. It is agreed that this lease shall remain in force for a term of five (5) years from this date and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter provided. 1f,at the expiration of the primary term of this lease,oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working operations thereon, then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled therewith; and operations shall be considered to he continuously prosecuted if not more than one hundred twenty(120)days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith,the production thereof should cease from any cause after the primary term, this lease shall not terminate if lessee commences additional drilling or re- working operations within one hundred twenty(120)from date of cessation of production or from date of completion of dry hole. If oil or gas shall he discovered and produced as a result of such operations at or after the expiration of the primary term of this lease-this lease shall continue in force so long as oil or gas is produced from the leased premises or on acreage pooled therewith. 2. This is a PAID-lip LEASE. In consideration of the down cash payment.Lessor agrees that Lessee shall not he obligated,except as otherwise provided herein.to commence or continue any operations during the primary'term. Lessee may at any time or times during or after die primary term surrender this;case as iu ail or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases,and he relieved of all obligation thereafter accruing as to the acreage surrendered. 3. In consideration of the premises the said Lessee covenants and agrees 1st. To deliver to the credit of Lessor,free of cost, in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1/8)part of all oil produced and saved from the leased premises. 2nd. To pay Lessor one-eighth(1/8)of the gross proceeds each year,payable quarterly,for the gas from each well where gas only is found,while the same is being used off the premises,and if used;n the manufacture of gasoline a royalty of one-eighth(I/8),payable monthly at the prevailing market rate for gas. 3rd. To pay Lessor for gas produced front any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth (1/8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate. 4. Where gas from a well capable of producing gas is not sold or used,Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty acre retained hereunder,.such payment or tender to he made on or before the anniversary date of this lease next ensuing after the expiration of 180 days from the date such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made,it will he considered that gas is being produced within the meaning of this lease. 5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the royalties(including any shut-in gas royalty)herein provided for shall be paid the Lessor only in the proportion which lessor's interest hears to the whole and undivided fee. 6. Lessee shall have the right to use,free of cost,gas,oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor. 7. When requested by Lessor, Lessee shall bury Lessee's pipe line below plow depth. 8. No well shall he drilled nearer than 200 feet to the house or ham now on said prennses without written consent of Lessor. 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10.lessee shall have the right at any time to remove all machinery and fixtures placed on said premises,including the right to draw and remove easing. „.r. I I.The rights of Lessor and Lessee hereunder stay he assigned in whole or part. No change in ownership of Lessor's interest(by assignment or otherwise)shall be binding on Lessee until Lessee has been furnished with notice,consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or constructive,shall be binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee,and all Lessee's operations may he conducted without regard to any such division. If all or any part of this lease is assigned,no leasehold owner shall be liable for any act or omission of any other leasehold owner. 12.Lessee,at its option, is hereby given the right and power at any time and from time to time as a recurring right,either before or after production,as to all or any part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land,lease or leases;n the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include formations not producing oil or gas,may be reformed to exclude such non-producing formations. The forming or reforming of any unit shall he accomplished by Lessee executing and filing of record a declaration of such unitization or reformation, which declaration shall describe the unit. Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production,drilling or re-working k sill slim in . .r v.ais of n,rket J drilling, " a t 'heals includes all or a run roes his lease hall he specified, as if ii i were production,gas g, or re-workingoperations or a we i she in for wen o .,market uncle, this lease. In lieu of the t-in royalties, Lessor shall receive on production from the unit_so pooled royalties only on the portion of such tiproduction oyalties satlocated tomic c this sllease;such allocation nshall he that proportion of the out production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in such unit In addition to the foregoing, Lessee shall have the right to unitize, pool, or combine all or any part of the above described lands as to one or more of the formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and, from time to time, with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terms, conditions and provisions of this lease.shall he deemed modified to conform to the terms,conditions,and provisions of such approved cooperative or unit plan of development or operation and. particularly, all drilling and development requirements of this lease, express or implied, shall he satisfied by compliance with the drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agreement. In the event that said above described lands or any pan thereof shall hereafter be operated under any such cooperative or unit plus of development or operation whereby the production therefrom is allocated to deferent portions of the land covered by said plan, then the production allocated to any particular tract of land shall, for the purpose of computing the royalties to he paid hereunder to lessor,he regarded as having been produced from the particular tract of land to which alloated and not to any other tract of land;and the royalty payments to he made hereunder to Lessor shall he based upon production only as so allocated. Lessor sshall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee. 13.All express or implied covenants of this lease shall he subject to all Federal and State Laws Executive Orders, Rules or Regulations,and this lease shall not he terminated,in whole or in part,nor Lessee held liable in damages,for failure to comply therewith,if compliance is prevented by,or if such failure is the result of,any such Law,Order,Rule or Regulation. 14. Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any time to redeem for lessor,by payment,any mortgages,taxes or other liens on the above described lands,in the event of default of payment by Lessor and he subrogated to the rights of the holder thereof,and Lessor hereby agrees that any such payments made by Lessee be.the Lessor may he deducted from any amounts of money which may become due the Lessor under the terms of this lease. The undersigned lessors,for themselves and their heirs,successors and assigns,hereby surrender and release all right of dower and homestead in the premises described herein,insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made, as recited herein. 15. Should any one or more of the parties hereinahnve named as Lessor fail to execute this Lease, it shall nevertheless be binding upon all such parties who do execute it as Lessor. The word"Lessor",as used in this lease,shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of this lease shall he binding on the heirs,successors and assigns of Lessor and Lessee. IN WITNESS WHEREOF,this instrument is executed as ofthe date first above written. �/// ' / F-- Lam'.. Daniel nice Lt Li Zr, known aS Daniel B. Laufer Glenda J. Laufer SS/Tax IDk e'7 2 4/0_ /7Z, 2 STATE of OF:a.k , ACKNOq LEDGF.MENT-MDI VIDUAf. COUNTY of tt LH BEFORE ME,the undersigned,a Notary Public,in and for said County and State,on this )I. day of '� ,!f r;^,�4J ,200 0 , personally appeared Daniel Bniee Laufer, also known as Daniel B. Laufer,and Glenda J. Laufer, husband and wife ,to me known to be the identical person S ,described in and who executed the within and foregoing instrument of writing and acknowledged to me that t he y duly executed same as their free and voluntary act and deed for the uses and purposes therein set forth and in the capacity stated therein. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my notarial seal the day and year last above written. My Commission Expires r'' \A1An Notary Pphlie: MillVIII IIIIIII VIII 31 111 IIIIIII III VIII IIII IIII Addref NOTARY PUBLICq`'l.c ';* JULIA K. PEHRS0N 2815653 12/27/2000 01:52P JA Suki Tsukamoto 597 East 3785 South ° Salt Lake City,Utah 94106 2 of 2 R 10.00 D 0.00 Weld County CO i y My Commission Expires +cos January 22,2001 STATE OF UTAH WHEN RECORDED RETURN TO: PRIMA OIL & GAS COMPANY 1099 18TH STREET, SUITE 400 DENVER, CO 80202 1- (�' i-PAID UP -/ 76 (94Rf) OIL AND GAS LEASE AGREEMENT,Made and entered into the 20th day of October ,200 0 ,by and between Edna L. Goddard,also known as Edna Lorraine Suppes,Edna Lorraine Czereda and Edna Lorraine Laufer,and whose address is Edward Goddard,her husband 511 S. Francis Street, Plcher, OK 74360 ,hereinafter called Lessor(whether one or more)and Prima Oil &Gas Company whose address is 1801 Broadway, Suite 500,Denver, CO 80202 hereinafter called Lessee: WITNESSET11,That the Lessor,for and in consideration of TEN AND MORE($10.00+) DOLLARS cash in hand paid,the receipt and sufficiency are hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised, leased and let, and by these presents does grant, demise,lease and let exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of mining, exploring by geophysical and other methods,and operating for and producing therefrom oil,gas,casinghead gas, and other liquid and gaseous hydrocarbons,and all constituents of gas,including inert constituents such as,but not limited to,heliur,and all other minerals or substances,whether similar or dissimilar,that may he produced from any well drilled under the terms of this lease, with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of structures thereon to produce,save and take care of said products, all that certain tract of land,together with any reversionary,remaindermen and executory rights therein,situated in Weld County Colorado ,described as follows,to-wit: Township 6 North, Range 67 West, 6th P.M. Section 34: N'ASW'/4, excepting therefrom all that part lying West of the public road in the NW'ASW%, containing 3.00 acres, more or less, and, a tract of land in the N'JSW'/4, containing 0.30 acres, more or less, more particularly described in Book 995 at Page 162 111111111111111111111111 III IIIIII 111111 III IIIII IIII I'll 2808975 11/27/2000 11:25A JA Suki Tsukamoto 1 of 2 R 10.00 D 0.00 Weld County CO and containing 76.70 acres,more or less,together with all strips or parcels of land(not,however,to be construed to include parcels comprising a regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous to the above described land and owned or claimed by Lessor. 1. It is agreed that this lease shall remain in force for a term of five(5) years from this date and as long thereafter as oil or gas of whatsoever nature or kind is produced front said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter provided. If,at the expiration of the primary term of this lease.oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working operations thereon, then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled therewith; and operations shall he considered to he continuously prosecuted if not more than one hundred twenty(120)days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith,the production thereof should cease from any cause after the primary term, this lease shall not terminate if Lessee commences additional drilling or re- working operations within one hundred twenty(120)from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and produced as a result of such operations at or alter the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced from the leased premises or on acreage pooled therewith. 2. This is a PAID-UP LEASE. In consideration of the down cash payment,Lessor agrees that I..essee shall not be obligated,except as otherwise provided herein,to commence or continue any operations during die mimary it:,tin. Lessee may at a„y:hue v,lime.during ce after the peinary term serer,dcr this!ease as to al! or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases, arid be relieved of all obligation thereafter accruing as to the acreage surrendered. 3. In consideration of the premises the said Lessee covenants and agrees: 1st. To deliver to the credit of Lessor,free of cost, in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1/8)part of all oil produced and saved from the leased premises. 2nd. To pay Lessor one-eighth(1/8)of the gross proceeds each year,payable quarterly,for the gas from each well where gas only is found,while the same is being used of£the premises,and if used in the manufacture of gasoline a royalty of one-eighth(1/8),payable monthly at the prevailing market rate for gas. 3rd, To pay 1 essor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royally of one-eighth (I/8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate. 4. Where gas from a well capable of producing gas is not sold or used,Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty acre retained hereunder,such payment or lender to he made on or before the anniversary date of this lease next ensuing after the expiration of 180 days from the dale such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made,it will be considered that gas is being produced within the meaning ofthis lease. 5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the royalties(including any shut-in gas royalty)herein provided for shall be paid the lessor only in the proportion which lessor's interest bears to the whole and undivided fee. 6. Lessee shall have the right to use,free of cost,gas,oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor. 7. When requested by Lessor,Lessee shall bury Lessee's pipe line below plow depth. 8. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without written consent of Lessor. 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10.Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises,including the right to draw and remove casing. 11.The rights of Lessor and Lessee hereunder may he assigned in whole or part. No change in ownership of Lessor's interest(by assignment or otherwise)shall he Sanding on Lessee until Lessee has been furnished with notice.consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or constructive,shall he binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee.and all Lessee's operations may be conducted without regard to any such division. If all or any part of this lease is assigned,no leasehold owner shall he liable for any act or omission of any other leasehold owner. 12.Lessee,at its option,is hereby given the right and power at any time and from time to time as a recurring right,either before or after production,as to all or any part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include formations not producing oil or gas.may be reformed to exclude such non-producing formations. The forming or reforming of any unit shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation, which declaration shall describe the unit. Any unit may include lane'upon which a well has thereto,ore been conmpletes or upon wnicit operations tor uniting have tnerctotore neen commenced. ground ion,arming or re-working operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall be treated as if it were production, drilling, or re-working operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified,including shut-in gas royalties, Lessor shall receive on production front the unit so pooled royalties only on the portion of such production allocated to this lease;such allocation shall he that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit hears to the total number of surface acres in such unit. In addition to the foregoing, Lessee shall have the right to unitize, pool,or combine all or any part of the above described lands as to one or more of the formations thereunder with other lands in the sane general area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and, from time to time with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terms, conditions and provisions ofthis lease shall be deemed modified to conform to the terms, conditions,and provisions of such approved cooperative or unit plan of development or operation and, particularly, all drilling and development requirements of this lease, express or implied, shall he satisfied by compliance with the drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agreement. In the event that said above described lands or any part thereof, shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan,then the production allocated to any particular tract of land shall, for the purpose of computing the royalties to be paid hereunder to Lessor,he regarded as having been produced from the particular tract of land to which it is allocated and not to any other tract of land;and the royalty payments to he made hereunder to Lessor shall he based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee. 13. All express or implied covenants of this lease shall he subject to all Federal and State Laws.Executive Orders,Rules or Regulations,and this lease shall not be terminated,in whole or in part.nor Lessee held liable in damages,for failure to comply therewith,if compliance is prevented by,or if such failure is the result of,any such Law,Order.Rule or Regulation. 14. Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any time to redeem for Lessor,by payment,any mortgages,taxes or other liens on the above described lands,in the event of default of payment by Lessor and he subrogated to the rights of the holder thereof,and Lessor hereby agrees that any such payments made by Lessee for the Lessor maybe deducted from any amounts of money which may become due the Lessor under the terms of this lease. The undersigned Lessors,for themselves and their heirs,successors and assigns,hereby surrender and release all right of dower and homestead in the premises described herein,insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made, as recited herein. 15. Should any one or more of the parties hereinabove named as Lessor fail to execute this Lease, it shall nevertheless he binding upon all such parties who do execute it as Lessor. The word"Lessor",as used in this lease,shall mean any one or more or all of the patties who execute this lease as Lessor. All the provisions of this lease shall be binding on the heirs,successors and assigns of Lessor and Lessee. IN WITNESS WHEREOF,this instrument is executed as of the date first above written. Edna L. Goddard, also known as Edna Lorraine Edward Goddard • Suppes,Edna Lorraine Czereda and Edna Lorraine Laufer C St1.41-CL cc9J ' ' Gic ,Gcl`m 2, �c��2�2.i�wc a. .2, ,5l/ .1J tczo £2 tom//- d`oe2 F.-A- ic,;s _ii%es, --&/t ?flex SS/Tax ID r2_/-,r V-24- ry 93 -- &`7,- 736 O E'P4fa- STATE of ( 4X,g4,X41,4 ACKNOWLEDGEMENT-INDIVIDt Al,l COUNTY of ("/� y✓/} ._ BEFORE ME,the undersigned,a Notary Public,in and for said County and State,on this /t} day of 7JIJ V`✓116G'r ,200 0 , personally appeared Edna L. Goddard, also known as Edna Lorraine Suppes. Edna Lorraine Czereda and Edna Lorraine Laufer, and E • ' her husband ,to me known to be the id nli 9A, yt d in and who executed the within and foregoing instmment of writing and acknowledged to me that t he V duly executed + U sanL!art' f e and voluntary act and deed for the uses and purposes therein set forth and in the capacity stated therein. • " Shave hereunto set my hand and affixed my notarial seal the day and year last above written. FlpueAE/ Cto lops C. ' r I -) 0 el_ �/( s -TINA, AO \ Notary Pic: t. l h OP, Addrek ? f C A e In/ 0 // / 6 D HID 11111 IIIIIII VIII III MILLI III'II III 11111 IIII Ill --'808975 11/27/2000 11:25A JA Sold Tsukamoto of 2 R 10.00 D 0.00 Weld County CO WHEN RECORDED RETURN TO: PRIMA OIL & GAS COMPANY 1801 BROADWAY, SUITE 500 DENVER, CO 80202-3833 ,--. C C rs PRODUCERS 88-PAID UP Rev.5-60,No.2(94RT) OIL AND GAS LEASE 1 ? , AGREEMENT-,Made and entered into the 12th day of October ,200 Q ,by and between Gene A. Morey, individually and as an heir of Clifford Morey, Deceased, and Lydia Morey, Deceased, and Elvada whose address is A. Morey, his wife 301 10'"Street, Windsor, CO 80550 ,hereinafter called Lessor(whether one or more)and Prima Oil &Gas Company whose address is 1801 Broadway, Suite 500, Denver, CO 80202 hereinafter called Lessee: WITNESSETH,That the Lessor,for and in consideration of TEN AND MORE($10.00 + ) DOLLARS cash in hand paid,the receipt and sufficiency are hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised,leased and let, and by these presents does grant,demise,lease and let exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of mining, exploring by geophysical and other methods,and operating for and producing therefrom oil,gas,casinghead gas, and other liquid and gaseous hydrocarbons,and all constituents of gas,including inert constituents such as,but not limited to,helium,and all other minerals or substances,whether similar or dissimilar,that may be produced from any well drilled under the terms of this lease, with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of structures thereon to produce,save and take care of said products,all that certain tract of land,together with any reversionary,remaindermen and executory rights therein,situated in Weld County Colorado ,described as follows,to-wit: Township 6 North, Range 67 West, 6th P.M. Section 34: N'/2SWY, excepting therefrom all that part lying West of the public road in the NW'/aSW'% r and containing 76,70 acres,more or less,together with all strips or parcels of land(not,however,to be construed to include parcels comprising a regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous to the above described land and owned or claimed by Lessor. I. It is agreed that this lease shall remain in force for a term of five(5) years from this date and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter provided. If,at the expiration of the primary term of this lease,oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working operations thereon, then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled therewith; and operations shall he considered to he continuously prosecuted if not more than one hundred twenty(120)days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acrea&e pooled therewith,the production thereof should cease from any cause after the primary term,this lease shall not terminate if Lessee commences additional drilling or re- working operations within one hundred twenty(120)front date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and produced as a result of such operations at or after the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced from the leased premises or on acreage pooled therewith. 2. This is a PAID-UP LEASE. In consideration of the down cash payment,lessor agrees that Lessee shall not be obligated,except as otherwise provided herein,to commence or continue any operations during the primary term. Lessee may at any time or times during or after the primary term surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases,and be relieved of all obligation thereafter accruing as to the acreage surrendered. 3. In consideration of the premises the said Lessee covenants and agrees: 1st. To deliver to the credit of Lessor,free of cost, in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1/8)part of all oil produced and saved from the leased premises. 2nd. To pay Lessor one-eighth(1/8)of the gross proceeds each year,payable quarterly,for the gas from each well where gas only is found,while the same is being used off the premises,and if used in the manufacture of gasoline a royalty of one-eighth(1/8),payable monthly at the prevailing market rate for gas. 3rd. To pay Lessor for gas produced front any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth (1/8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate. 4. Where gas from a well capable of producing gas is not sold or used,Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty acre retained hereunder,such payment or tender to he made on or before the anniversary date of this lease next ensuing after the expiration of 180 days from the date such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made,it will be considered that gas is being produced within the meaning of this lease. 5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the royalties(including any shut-in gas royalty)herein provided for shall be paid the Lessor only in the proportion which Lessor's interest hears to the whole and undivided fee. 6. Lessee shall have the right to use,free of cast.gas,oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor. 7 When requested by Lessor,Lessee shall bury Lessee's pipe line below plow depth. 8. No well shall be drilled nearer than 200 feet to the house or bans now on said premises without written consent of Lessor. 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10.Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises,including the right to draw and remove casing, ,r+ 11.The rights of Lessor and Lessee hereunder may be assigned in whole or part. No change in ownership of Lessor's interest(by assignment or otherwise)shall be binding on Lessee until Lessee has been furnished with notice,consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or constructive,shall he binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee,and all Lessee's operations may be conducted without regard to any such division. If all or any part of this lease is assigned,no leasehold owner shall he liable for any act or omission of any other leasehold owner. 12.Lessee,at its option, is hereby given the right and power at any time and from time to time as a recurring right,either before or after production,as to all or any part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include formations not producing oil or gas,may he reformed to exclude such non-producing formations. The forming or reforming of any unit shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation, which declaration shall describe the unit. Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production,drilling or re-working operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall he treated as if it were production, drilling, or re-working operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified, including shut-in gas royalties. Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease;such allocation shall he that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in such unit. In addition to the foregoing, Lessee shall have the right to unitize, pool,or combine all or any part of the above described lands as to one or more of the formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and, from time to time- with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terms, conditions and provisions of this lease shall he deemed modified to conform to the terms, conditions,and provisions of such approved cooperative or unit plan of development or operation and, particularly, all drilling and development requirements of this lease, express or implied, shall he satisfied by compliance with the drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agreement. In the event that said above described lands or any part thereof,shall hereafter be operated tinder any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan, then the production allocated to any particular tract of land shall, for the purpose of computing the royalties to be paid hereunder to Lessor,he regarded as having been produced from the particular tract of land to which it is allocated and not to any other tract of land;and the royalty payments to he made hereunder to Lessor shall he based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee. 13.All express or implied covenants of this lease shall be subject to all Federal and State Laws, Executive Orders,Rules or Regulations,and this lease shall not be terminated,in whole or in part,nor Lessee held liable in damages,for failure to comply therewith,if compliance is prevented by,or if such failure is the result of,any such Law,Order,Rule or Regulation. 1111111 IIIII 1111111 IIII IIIIII IIIII IIIII III IIIII IIII 1111 2803476 10/30/2000 03:57P JA Suki 7sukamoto 1 of 2 R 10.00 D 0.00 Weld County CO 14. Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any time to redeem for Lessor,by payment,any mortgages,taxes or other liens on the above described lands,in the event of default of payment by Lessor and be suhrogated to the rights of the holder thereof,and Lessor hereby agrees that any such payments made by Lessee for the Lessor may be deducted from any amounts of money which may become due the Lessor under the tens of this lease. The undersigned Lessors,for themselves and their heirs,successors and assigns,hereby sun-ender and release all right of dower and homestead in the premises described herein,insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made, as recited herein. 15. Should any one or more of the parties hereinabove named as Lessor fail to execute this Lease, it shall nevertheless he binding upon all such parties who do execute it as Lessor. The word"Lessor",as used in this lease,shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of this lease shall be binding on the heirs,successors and assigns of Lessor and Lessee. IN WITNESS WHEREOF,this instrument is executed as of the date first above written. gLerizet, „-,2 Gene A. Morey, individually and as an heir of Clifford Elvada A. Morey Morey, Deceased, and Lydia Morey,Deceased SS/Tax IDd 522-34-0012 STATE of Colorado�(�r�� ACKNOWLEDGEMENT-INDIVIDUAL COUNTY of LuatS) BEFORE ME,the undersigned,a Notary Public,in and for said County and State,on this j34 'day of ,200 0 , personally appeared Gene A. Morey, individually and as an heir of Clifford Morey,Deceased, and Lydia Morey, Deceased, and Elvada A. Morey.his wife ,tome known to be the identical person S ,described in and who executed the within and foregoing instrument of writing and acknowledged tome that I he y duly executed same as their free and voluntary act and deed for the uses and purposes therein set forth and in the ca, • y �� herein. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my notarial seal the day and year last a.a'• rMen. it \ /Cr e'h�<vA\t My Commission i�C •'�� t•A(S •• - Expires: (J IS-claZ / • ' l • e Y)W. Cf. Address: "'-11tp nett la •O iNImIcimwm000r My Commission Expires 08115/2003 WHEN RECORDED RETURN TO: PRIMA OIL & GAS COMPANY 1801 BROADWAY, SUITE 500 DENVER, CO 80202-3833 AEI 111111111111 1111 111111111 III 11111 IIII lilt 2803476 10/30/2000 03:57P JA Suki Tsukamoto 2 of 2 R 10.00 D 0.00 Weld County CO Q PRODUCERS 88-PAID UP Rev 5-60,No.2(94RT) OIL AND GAS LEASE y ,. AGREEMENT,Made and entered into the 12th d of October 200 Q by and between ,�. ay C.Thomas Morey, individually and as an heir of Clifford Morey, Deceased, and Lydia Morey, Deceased, and whose address is Patricia Ann Morey, his wife 1116 3rd Street, Windsor, CO 80550 ,hereinafter called Lessor(whether one or more)and Prima Oil &Gas Company whose address is 1801 Broadway, Suite 500,Denver,CO 80202 hereinafter called Lessee: WITNESSETH,That the Lessor,for and in consideration of TEN AND MORE( $10.00+ ) DOLLARS cash in hand paid,the receipt and sufficiency are hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised,leased and let and by these presents does grant,demise,lease and let exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of mining, exploring by geophysical and other methods,and operating for and producing therefrom oil,gas,casinghead gas, and other liquid and gaseous hydrocarbons,and all constituents of gas,including inert constituents such as,but not limited to,helium,and all other minerals or substances,whether similar or dissimilar,that may he produced from any well drilled under the terms of this lease, with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of structures thereon to produce,save and take care of said products,all that certain tract of land, together with any reversionary,remaindermen and executory rights therein,situated in Weld County Colorado ,described as follows,to-wit: Township 6 North, Range 67 West, 6th P.M. Section 34: N'/SW'/, excepting therefrom all that part lying West of the public road in the NW'/4SW'/ r. and containing 76.70 acres,more or less,together with all strips or parcels of land(not,however,to be construed to include parcels comprising a regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous to the above described land and owned or claimed by Lessor. I. It is agreed that this lease shall remain in force for a term of five(5) years from this date and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter provided. If,at the expiration of the primary term of this lease,oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working operations thereon, then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled therewith; and operations shall be considered to he continuously prosecuted if not more than one hundred twenty(120)days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith,the production thereof should cease from any cause after the primary term, this lease shall not terminate if Lessee commences additional drilling or re- working operations within one hundred twenty(120)from date of cessation of production or from date of completion of dry hole. If oil or gas shall he discovered and produced as a result of such operations at or after the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced from the leased premises or on acreage pooled therewith. 2. This is a PAID-UP LEASE. In consideration of the down cash payment,lessor agrees that Lessee shall not be obligated,except as otherwise provided herein,to commence or continue any operations during the primary term. Lessee may at any time or times during or after the primary term surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases,and he relieved of all obligation thereafter accruing as to the acreage surrendered. 3. In consideration of the premises the said Lessee covenants and agrees: 1st. To deliver to the credit of Lessor,free of cost, in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1/8)part of all oil produced and saved from the leased premises. 2nd. To pay Lessor one-eighth(1/8)of the gross proceeds each year,payable quarterly,for the gas from each well where gas only is found,while the same is being used off the premises,and if used in the manufacture of gasoline a royalty of one-eighth(1/8),payable monthly at the prevailing market rate for gas. 3rd. To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth (1/8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate. 4. Where gas from a well capable of producing gas is not sold or used,Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty acre retained hereunder,such payment or tender to he made on or before the anniversary date of this lease next ensuing after the expiration of ISO days from the date such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made,it will be considered that gas is being produced within the meaning of this lease. 5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the royalties(including any shut-in gas royalty)herein provided for shall he paid the Lessor only in the proportion which lessor's interest hears to the whole and undivided fee. 6. Lessee shall have the right to use,free of cost,gas,oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor. 7. When requested by lessor,lessee shall bury Lessee's pipe line below plow depth. 8. No well shall he drilled nearer than 200 feet to the house or barn now on said premises without written consent of lessor. 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10.Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises.including the right to draw and remove casing. I1.The rights of Lessor and Lessee hereunder may he assigned in whole or part. No change in ownership of Lessor's interest(by assignment or otherwise)shall be binding on Lessee until Lessee has been furnished with notice,consisting of certified copies of all recorded instruments or documents and other information necessary o establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or constructive,shall be binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee,and all Lessee's operations may be conducted without regard to any such division. If all or any part of this lease is assigned,no leasehold owner shall be liable for any act or omission of any other leasehold owner. 12.Lessee,at its option,is hereby given the right and power at any time and from time to time as a recurring right,either before or after production,as to all or any part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include formations not producing oil or gas,may be reformed to exclude such non-producing formations. The forming or reforming of any unit shall he accomplished by Lessee executing and filing of record a declaration of such unitization or reformation, which declaration shall describe the unit Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production,drilling or re-working operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall he treated as if it were production, drilling,or re-working operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified,including shut-in gas royalties,Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease; such allocation shall be that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in such unit. In addition to the foregoing, Lessee shall have the right to unitize, pool, or combine all or any part of the above described lands as to one or more of the formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and, from time to time, with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terms, conditions and provisions of this lease shall he deemed modified to conform to the terms, conditions, and provisions of such approved cooperative or unit plan of development or operation and, particularly, all drilling and development requirements of this lease, express or implied, shall he satisfied by compliance with the drilling and development requirements of,such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agreement. In the event that said above described lands or any part thereof, shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan. then the production allocated to any particular tract of land shall, for the purpose of computing the royalties to he paid hereunder to Lessor,he regarded as having been produced from the particular tract of land to which it is allocated and not to any other tract of land;and the royalty payments to be made hereunder to Lessor shall he based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee. 13.All express or implied covenants of this lease shall he subject to all Federal and State Iaws,Executive Orders, Rules or Regulations,and this lease shall not be terminated,in whole or in part,nor Lessee held liable in damages,for failure to comply therewith,if compliance is prevented by,or if such failure is the result of,any such Law,Order,Rule or Regulation. I 111111 11111 1111111 111 11111 IIII 111111 III 1 1111 1111 11 11 2803475 10/30/2000 03:57P JA Sukl Tsukamoto 1 of 2 R 10.00 D 0.00 Weld County CO 14. Lessor hereby warrants and agrees to defend the title to the lands herein described and agrees that the Lessee shall have the right at any time to redeem for lessor,by payment,any mortgages,taxes or other liens on the above described lands,in the event of default of payment by Lessor and be subrogaled to the rights of the holder thereof,and Lessor hereby agrees that any such payments made by Lessee for the lessor may he deducted from any amounts of money which may become due the Lessor under the terms of this lease_ The undersigned Lessors,for themselves and their heirs,successors and assigns,hereby surrender and release ail right of dower and homestead in the premises described herein,insofar as said right of dower and homestead nay in any way affect the purposes for which this lease is made, as recited herein. 15.Should any one or more of the parties hereinahove named as lessor fail to execute this Lease, it shall nevertheless be binding upon all such parties who do execute it as Lessor. The word"Lessor",as used in this lease,shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of this lease shall be binding on the heirs,successors and assigns of Lessor and Lessee. IN WITNESS WHEREOF,this instrument is executed as of the date first above written. Oe‘el-rd' /41,72e c71?7 C. comas Morey, individually and as i heir of Patricia Ann Morey Clifford Morey, Deceased, and Lydia Morey. Deceased ,.., SSlfax IDk 524-36-9253 STATE of Colorado ACKNOWLEDGEMENT-INDIVIDUAL COUNTY of ( 43 c_QcS) 2Q ^� BEFORE ME,the undersigned,a Notary Public,m and for.said County and State,on this i a l.J day of inet ,200 0 personally appeared C. Thomas Morey, individually and as an heir of Clifford Morey, Deceased, and Lydia Morey, Deceased, and Patricia Ann Morey, his wife to me known to he the identical person S ,described in and who executed the within and foregoing instrument of writing and acknowledged to me that I he y duly executed same as their lice and voluntary act and deed for the ruses and purposes therein set forth and in the ca. _'ty_ . 1 herein. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my notarial seal the day and year last a.. ewritten. /7 My Commission � Expires: O i•$• act,3 i�t'• j qR • E ��n iUl� 1 •:v 111 `t• •! ��. o4vy A.• ..11(OOQ9 tCa ?pO. p�c ♦ . My commission Was 0811512003 WHEN RECORDED RETURN TO: PRIMA OIL & GAS COMPANY 1801 BROADWAY, SUITE 500 DENVER, CO 80202-3833 03:1111III 'III' 1111111111111111111111111111111111111111111 8475 2 R 10 00 0 00 2 of D 0.00 5 Weld JCounty CO kamoto i 88-PAID UP C 7LI 2(94R7) OIL AND GAS LEASE AGREEMENT,Made and entered into the 301h day of October ,200 y and between E. Beverly Dubin,also known as Eileen Beverly Dubin,a single woman whose address is P.O. Box 215, Bolinas, CA 94924 ,hereinafter called Lessor(whether one or more)and Prima Oil &Gas Company whose address is 1801 Broadway, Suite 500,Denver, CO 80202 hereinafter called Lessee: WITNESSETLI,That the Lessor,for and in consideration of TEN AND MORE($10.00+) DOLLARS cash in hand paid,the receipt and sufficiency are hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised,leased and let,and by these presents does grant,demise,lease and let exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of mining, exploring by geophysical and other methods,and operating for and producing therefrom oil,gas,casinghead gas, and other liquid and gaseous hydrocarbons,and all constituents of gas,including inert constituents such as,but not limited to,helium,and all other minerals or substances,whether similar or dissimilar,that may be produced from any well drilled under the terms of this lease, with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of structures thereon to produce,save and take care of said products, all that certain tract of land,together with any reversionary,remaindermen and executory rights therein,situated in Weld County Colorado ,described as follows,to-wit: Township 6 North, Range 67 West, 6th P.M. Section 34: N'/2SW'%, excepting therefrom all that part lying West of the public road in the NW'/4SW/4, containing 3.00 acres, more or less, and, a tract of land in the N'/aSW'/4, containing 0.30 acres, more or less, more particularly described in Book 995 at Page 162 1111111 IIIII 1111111 111 III 111111 1111 III 11111 IIII IIII 2808974 11/27/2000 11:25A JA Sukl Tsukamoto 1 of 2 R 10.00 D 0.00 Weld County CO and containing 76.70 acres,more or less,together wills all strips or parcels of land(not,however,to be construed to include parcels comprising a regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous to the above described land and owned or claimed by Lessor. I. It is agreed that this lease shall remain in force for a term of five(5) years from this date and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter provided. If,at the expiration of the primary term of this lease,oil•or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working operations thereon, then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled therewith; and operations shall he considered to he continuously prosecuted if not more than one hundred twenty(120)days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith,the production thereof should cease from any cause after the primary term, this lease shall not terminate if Lessee coin—cnces additional drilling or re- working operations within one hundred twenty(120)from date of cessation of production or from date of completion of dry hole. If oil or gas shall he discovered and produced as a result of such operations at or after the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced from the leased premises or on acreage pooled therewith. 2. 11-.ie is:.PAID I Ti'LEASE.ASr m:oust:I:rat:on of th,t. ctstit ... t L a- commence or continue any operations during the primary term. Lessee ssee may at any time .or times during or after the primary term surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases,and be relieved of all obligation thereafter accruing as to the acreage surrendered. 3. In consideration of the premises the said Lessee covenants and agrees: 1st. To deliver to the credit of Lessor,free of cost, in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1/8)part of all oil produced and saved from the leased premises. 2nd. To pay Lessor one-eighth(1/8)of the gross proceeds each year,payable quarterly,for the gas from each well where gas only is found,while the same is being used off the premises,and if used in the manufacture of gasoline a royalty of one-eighth(1/8),payable monthly at the prevailing market rate for gas. 3rd. To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth (1/8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate. 4. Where gas from a well capable of producing gas is not sold or used,Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty acre retained hereunder,such payment or tender to he made on or before the anniversary date of this lease next ensuing after the expiration of 180 days from the date such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or lender is made,it will he considered that gas is being produced within the meaning of this lease. 5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the royalties(including any shut-in gas royalty)herein provided for shall he paid the Lessor only in the proportion which Lessor's interest hears to the whole and undivided fee. 6. Lessee shall have the right to use,free of cost,gas,oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor. 7. When requested by Lessor, Lessee shall bury Lessee's pipe line below plow depth. 8. No well shall he drilled nearer than 200 feet to the house or ham now on said premises without written consent of Lessor. 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10.Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises,including the right to draw and remove casing. ��..� I I.The rights of Lessor and Lessee hereunder may be assigned in whole or part. No change in ownership of Lessor's interest(by assignment or otherwise)shall be finding on Lessee until Lessee has been furnished with notice,consisting of certified copies of all recorded instruments or documents and other information necessary .o establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or constructive,shall be binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of lessee,and all Lessee's operations may be conducted without regard to any such division. If all or any pan of this lease is assigned,no leasehold owner shall he liable for any act or onnission of any other leasehold owner. 12.Lessee,al its option,is hereby given the right and power at any time and from time to time as a recurring right,either before or after production,as to all or any part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include formations not producing oil or gas,may he reformed to exclude such non-producing formations. The forming or reforming of any unit shall he accomplished by Lessee executing and tiling of record a declaration of suds unitization or reformation, which declaration shall describe the unit. Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production,drilling or r king opt:allow; -r a ac' stun lit roe want oi.a ket ttnywilet c on ah n witten or a part of this lease siaii he treated as ii it were production, drilling or re-working operations or a well shut in for want of a market under this lease In lieu of the royalties elsewhere herein specified, including shut-in gas royalties, Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease; such allocation shall be that proportion of the unit production that the total number of surface acres covered by this lease;cod included in the unit bears to the total number of surface acres in such unit. In addition to the foregoing, Lessee shall have the right to unitize, pool,or combine all or any pan of the above described lands as to one or more of the formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and, from time to tine, with like approval, to modify, change or terminate any such plan or agreement and, in suds event, the [emu, conditions and provisions of this lease shall he deemed modified to conform to the terms conditions, and provisions of such approved cooperative or unit plan of development or operation and particularly, all drilling and development requirements of this lease, express or implied, shall he satisfied by compliance with the drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agreement. In the event that said above described lands or any part thereof shall hereafter he operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan, then the production allocated to any particular tract of land shall, for the purpose of computing the royalties to be paid hereunder to Lessor,be regarded as having been produced from the particular tract of land to which it is allocated and not to any other tract of land;and the royalty payments to he made hereunder to Lessor shall he based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee. 13. All express or implied covenants of this lease shall he subject to all Federal and State Laws, Executive Orders, Rules or Regulations,and this lease shall not be terminated,in whole or in part-nor Lessee held liable its damages,for failure to comply therewith,if compliance is prevented by,or if such failure is the result of,any such Law,Order,Rule or Regulation. 14. Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any time to redeem for lessor,by payment,any mortgages,taxes or other liens on the above described lands,in the event of default of payment by Lessor and he subrogated to the rights of the holder thereof,and Lessor hereby agrees that any such payments made by Lessee Ibr the Lessor may he deducted front any amounts of money which may become due the Lessor under the terms of this lease_ The undersigned Lessors,for themselves and their heirs,successors and assigns,hereby surrender and release all right of dower and homestead in the premises described herein,insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made, as recited herein. 15. Should any one or more of the parties hereinabove named as Lessor Tail to execute this Lease, it shall nevertheless be binding upon all such parties who do execute it as Lessor. The word"Lessor",as used in this lease,shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of this lease shall be binding on the heirs,successors and assigns of Lessor and Lessee. IN WITNESS WHEREOF,this instrument is executed as of the date first above written. ci,4E.Bevn as Eileen Beverly Dubin,a single w SS/Tax ID# aIR [- 58S 65.E STATE of (.JF4'ftlsrtru t: ACKNOWLEDGEMENT-INDIVIDUAL 4 COUNTY of t "tryfl BEFORE ME,the undersigned,a Notary Public,in and for said County and State,on this . day of / Je �+"'�1.� ,200 personally appeared E. Beverly Dubin,also known as Eileen Beverly Dubin,a single woman ,to me known to be the identical person _ ,described in and who executed the within and foregoing instrument of writing and acknowledged to me that S he _ duly executed same as her free and voluntary act and deed for the uses and purposes therein set forth and in the capacity stated therein. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my notarial seal the day and year last above written. My Commission 1 �� Expires: 4+ARRIS COMM.iii 255713 (Ti �`—�--r— _ r" • Notary Public-California rn A-, = d MARIN COUNTY -+ htnry pu'i c: f My Cann.Exp.March 5,2001 [ Address: 111111111111111111111111 III 111111111111 III ill 11111111 2808974 11/27/2000 11:25A JA Suki Tsukamoto 2 of 2 ft 10.00 D 0.00 Weld County CO WHEN RECORDED RETURN TO: PRIMA OII, & GAS COMPANY 1801 BROADWAY, SUITE 500 DENVER, CO 80202-3833 cz v,/ l PRODUCERS 85-PAID UP Rev.5.60,No.2(94RT) OIL AND GAS LEASE AGREEMENT,Made and entered into the 5511 day of January ,200 1 ,by and between Hyla Ree Sloane, a married woman dealing in her sole and separate property whose address is 5380 E. Sanford Circle,Englewood, CO 80110 hereinafter called Lessor(whether one or more)and Prima Oil &Gas Company whose address is 1099 18m Street, Suite 400,Denver, CO 80202 hereinafter called Lesser. WITNESSETH,That the Lessor,for and in consideration of TEN AND MORE($10.0(1+) DOLLARS cash in hand paid,the receipt and sufficiency are hereby acknowledged,and the covenants and agreements hereinafter contained,bias granted,demised,leased and let,and by these presents does grant,demise,lease and let exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of mining, exploring by geophysical and other methods,and operating for and producing therefrom oil, gas,casinghead gas,and other liquid and gaseous hydrocarbons,and all constituents of gas,including inert constituents such as,but not limited to,helium,and all other minerals or substances,whether similar or dissimilar,that may be produced from any well drilled under the terms of this lease, with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of structures thereon to produce, save and take care of said products.all that certain tract of land. together with any reversionary,remaindermen and executory rights therein,situated in Weld County Colorado ,described as follows,to-wit: Township 6 North, Range 67 West,6th P.M. Section 34: All that part of the NW/4SW/4 lying West of the County Road Lessee for itself, its administrators, employees, officers, directors, managers, attorneys, successors and assigns, hereby indemnifies and holds harmless Lessor front and against any claim. demand, action, or suit of whatever kind or nature, either directly or indirectly, for injuries or damages to person or property. resulting or to result front the activities of Lessee, its employees, contractors, subcontractors agents and any other entity hired or retained by Lessee, upon the property which is the subject matter of the Lease. and containing 3 00 acres,more or less,together with all strips or parcels of land(not,however,to he construed to include parcels comprising a regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous to the above described land and owned or claimed by Lessor. I. It is agreed that this lease shall remain in force for a terns of five(5) years from this date and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter provided. If,at the expiration of the primary term of this lease,oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working operations therein then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled therewith, and operations shall he considered to he continuously prosecuted if not more than one hundred twenty(120)days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If alter discovery of oil or gas on said land or on acreage pooled therewith.the production thereof should cease from any cause after the primary terns, this lease skill not terminate if Lessee commences additional drilling or re- working operations within one hundred twenty(l20)from date of cessation of production or from date of completion of dry(sole. If oil or gas shall he discovered and produced as a result of such operations at or alter the expiration of the primary term of this lease,this lease shall continue in force so lung as oil or gas is produced from the leased premises or on acreage pooled therewith. 2. This is a PAID-UP LEASE. In consideration of the down cash payment.I.cssor agrees that Lessee.shall not he obligated,except as otherwise provided herein,to commence or continue any operations during the primary term. Lessee nsay at any time or times during or after the primary term surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases, and he relieved of all obligation thereafter accruing as to the acreage surrendered. 3. In consideration of the premises the said Lessee covenants and agrees: 1st. To deliver to the credit of Lessor,free of cost. in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1/8)part of all oil produced and saved from the leased premises. 2nd. To pay Lessor one-eighth(1/8)of the gross proceeds each year.payable quarterly-for the gas from each well where gas only is found,while the same is being used off the premises,and if used in the manufacture of gasoline a royalty of one-eighth(1/R),payable monthly at the prevailing market rate for gas. 3rd. To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth (1/8)of the proceeds,at the mouth of the well,payahle monthly at the prevailing market rate. 4. Where gas from a well capable of producing gas is not sold or used,Lessee may pay or tender as royalty to the royally owners One Dollar per year per net royalty acre retained hereunder,such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of 180 days from the date such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made,it will be considered that gas is being produced within the meaning of this lease. 5. If said lessor owns a less interest in the above described land than the entire mid a udivided fee simple estate therein,tlsen are royalties(including any shut-in gas royalty)herein provided for shall he paid the Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee. 6. Lessee shall have the right io use,free of cost,gas,oil and water produced on said land ilor Lessee's operation thereon,except water from the wells of Lessor. 7. When requested by Lessor.Lessee shall bury Lessee's pipe line below plow depth. 8. No well shall he drilled nearer than 200 feet to the house or ham now on said premises without written consent of Lessor. 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10.Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises,including the right to draw and remove casing. 11.Tlse rights of Lessor and I.essee hereunder may he assigned in whole or part. No change in ownership of Lessor's interest(by assignment or otherwise)shall be winding on Lessee until Lessee has been furnished wills notice.consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title fro in Lessor, and then only wills respect to payments thereafter made. No other kind of notice, whether actual or constructive,shall he binding on lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee,and all Lessee's operations may be conducted without regard to any such division. If all or any part of this lease is assigned,no leasehold owner,stall he liable for any act or omission of any other leasehold owner. 12.Lessee,at its option.is her I y given the right and power at any time and from time to time as a recurring right.either before or after production,as to all or any part of the land described herein and as to any one or more of the fornsaIioiss hereunder,to pool or ern itiz e the leasehold estate and the nsineral estate covered by this lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include formations not producing oil or ga.s,any he reformed to excIside such non-producing formations. The forming or reforming of any unit shall he accomplished by Lessee executing and filing of record a declaration of such unitization or reformation. which declaration shall describe the unit. Any unit may include land upon which a well has theretofore been completed or a ooh Willa operations for drilling have theretofore been commenced. Production,drilling or re-working operations or a well ,shut in fin want of a market anywhere on a unit which includes all or a part of this lease.shall he treated as if it were production, drilling, or re-working operations or a well shut in for want of a market under this lease hi lieu of the royalties elsewhere herein specified, including shut-in gas royalties, Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease: such allocation shall be that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total nunsher of surface acres in such unit. In addition to the foregoing Lessee,shall have the right to unitize. pool,or combine all or any part of the above described lands as to one or more of the formations thereunder with other lands in the sante general area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and, from time to tine. with like approval. to modify, change or terminate any such plan or agreement and, in such event, the terms, conditions and provisions of this lease shall he deemed modified to conforms to the terns, conditions, and provisions of such approved cooperative or unit plan of development or operation and, particularly, all drilling and development requirements of this lease, express or implied, shall be satisfied by compliance with the drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agreement. In the event that said above described lands or any part thereof, shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan. then the production allocated to any particular tract of land shall, for the purpose of computing the royalties to be paid hereunder to Lessor,he regarded as having been produced mom the particular tract of land to which it is allocated and not to any other tract of land:and the royalty payments to he made hereunder to Lessor shall he based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the saute upon request of Lessee. 13 All express or implied covenants of this lease shall he subject to all Federal and State I area Executive Orders. Rules or Regulations,and this lease shall not he terminated,in whole or in part,nor Lessee held Ii a Isle in damages,for failure to comply therewith.if compliance is prevented by,or if such failure is the result of,any such Law,Order,Rule or Regulation. 111111 11111 1111111 111 11111 11111 11111 III Hill fill I'll 2826010 02/14/2001 01:58P JA SUM Tsukamoto 1 of 2 13 10.00 D 0.00 Weld County CO 14. Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any time to redeem for Lessor,by payment,any mortgages,faces or other liens on the above described lands,in the event of default of payment by Lessor and he subrogated to the rights of the holder thereof,and Lessor hereby agrees that any such payments made by Lessee for the Lessor may he deducted from any amounts of money which may become due the Lessor under the terms of this lease. The undersigned Lessors,for themselves and their heirs successors and assigns,hereby surrender and release all right of dower and homestead in the premises described herein.irnse far as said right of dower a nd homestead may in any way affect the purposes for which this lease is made, as recited herein. IS. Should any one or more of the parties hereinabove tamed as Lessor Lail to execute this lease, it shall nevertheless he binding upon all such parties who do execute it as Lessor. The word"Lessor",as used in this lease.shall mean any one or nor•or all of the parties who execute this lease as Lessor. All the provisions of this lease shall be binding on the heirs,successors and assigns of Lessor and Lessee. IN WITNESS WHEREOF.this instrument is executed as of the date first above written. 7h H 'f1 Ree Sloane,a married woman dealing in her sole and separate property SS/Tax LD4523 -5¢. -6484.. STATE of Cc ‘el clap J ACKNOWLEDGEMENT-INDIVIDUAL COUNTY of .fl a'x cs> F,c r BEFORE ME,the undersigned,a Notary Public,in and for said County and State.on this OC tL day of TA tuUi:1'ti ,200 1 , personally appeared Hyla Ree Sloane. a married woman dealing in her sole and separate property ,to me known to be the identical person - ,described in and who executed the within and foregoing instrument of writing and acknowledged to me that S he _ duly executed same as her free and voluntary act and deed for the uses and purposes therein set forth and in the capacity stated therein. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my notarial seal the day and year 'itten. Expires: Mfr CC t °rg: .`,l . ,=002 A ..... 1 No y['abbe: 'D0ELER 1 F 1HIV 111111111111III11111111111111111III11111itIn 2826010 02/14/2001 01:58P JA Suki Tsukamoto 2 of 2 R 10.00 D 0.00 Weld County CO WHEN RECORDURN TO: PRIMA OIL & GAEDRET S COMPANY 1099 18TH STREET, SUITE 400 DENVER, CO 80202 ,1 i 148 _. i iiiiii i�iii ii: 11111111111111111 iii 11111 iii! 'LWCERS 88-PAID UP Rev $'-G0,No. 2 ,. JUL 2 9 20(1..‘43083148 07/14f<d03 02:11P Weld County, CO 1 of 2 R 11,00 0 0.00 Steve Moreno Clerk& Recorder PR OIL AND GAS LEASE 16th June 2003 AGREEMENT,Made and entered into the. day of by and between Theodore Koolstra and Marion Ann Koolstra, individually & as husband & wife whose post office address is RR #1 , Box 33, Kimball, NE 69145 --.-- hereinafter called Lessor(whether one or i o e d 1099 18th Street, Denver, CO 8�r20I Prima Oil & Gas Company whose post office address is ,hereinafter called Lessee' WITNESSIITII, That the Lessor,for and in consideration of Ten and More DOLLARS cash in hand paid, the receipt of which is hereby acknowledged, and the covenants and agreements hereinafter contained, has granted,demised, leased and let, and by these presents does grant, demise, lease and let exclusively unto the said Lessee, the land hereinafter described, with the e clusi e right for the purpose of mining,exploring by geophysical and other methods,and operating for and producing therefrom oil and all gas of whatsoever nature or kind,with rights of way and easements for laving pipe lines,and erection of structures thereon to produce,save and take care of said products,all that certain tract of land situated in the County of Weld • State of Colorado ,described as follows,to-wit Township 6 North, Range 67 West, 6th P.M. Section 34 : Lot A of Recorded Exemption No. 0807-34-RE 202 recorded in Book 766, Reception #1688432 . Lessee shall have no right to enter onto said land for any exploration or production purposes without first obtaining written consent of the Lessors. and containing 6 . 188 es,more or less. /three (3 ) I. It is agreed that this lease shall remain in force for a term of try years from this date and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on acreage pc l dd therewith,or drilling pei ti e s are continued as hereinafter provided. If, at the expiration of the primary term of this lease, oil or gas is not being produced rn the leased Premises on acreage pooled therewith but Lessee is then igaged in drilling or re-working operations thereon, then this lease shall continue in force so long as operations are being continu- o -h prosecuted on the leased premises or on acreage pooled therewith. and operations shall bc considered to be continuously prosecuted it not more than ninety (90) days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent Il, If after discovery of oil or gas on said land or on acreage pooled the rewith,the production thereof should cease from any cause after the primary term, this lease s-shall not terminate if l essee commencesadditionaldrilling or re-working operations within ninety (90)days from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and produced as a result of such opera- tions at or after the expiration of the primary term of this lease,this lease shall continue in force so long as nil or gas is produced from the leased premises or inn acreage pooled therewith. 2. This is a PAID-UP LEASE. In consideration of the down cash payment, Lessor agrees that Lessee shall not be obligated,except as other- wise provided herein, to commence or continue any operations during the primary term. Lessee may at any time or times during or after the pri- mary termsurrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases,and be relieved of all obligation thereafter accruing as to the acreage surrendered, - 3. In consideration of the premises the said Lessee covenants and agrees: 1st. To deliver to the credit of Lessor,free of cost,in the pipe line to which Lessee may connect wells on said land,the equal one-eighth (1/8)part of all oil produced and saved from the leased premises. 2nd. To pay Lessor one-eighth (1/8) of the gross proceeds each year, payable quarterly, for the gas from each well where gas only is found, while the same is being used off the premises, and if used in the manufacture of gasoline a royalty of one-eighth (1/8),payable monthly at the prevailing market rate for gas. 3rd. To pay Lessor for gas produced from ally oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth (I/8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate. 4. Where gas from a well capable of producing gas is not sold or used, Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty acre retained hereunder, such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of 90 days from the date such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made, it will be considered that gas is being produced within the meaning of this lease. 5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein, then the royalties Ontluding ar.v shot-ingr.s royalty) herein provided for OJAI he paid the Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee. 6. Lessee shall have the right to use, free of cost,gas,oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor. 7, When requested by Lessor, Lessee shall bury Lessee's pipe line below plow depth. 8. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without written consent of Lessor. 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10. Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing. 11. The rights of Lessor and Lessee hereunder may be assigned in whole or part. No change in ownership of Lessor's interest (by assignment or otherwise) shall be binding on Lessee until Lessee has been furnished with notice, consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or constructive, shall be binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee,and all Lessee's operations may be conducted without regard to any such division. If all or any part of this lease is assigned,no leasehold owner shall be liable for any act or omission of any other leasehold owner. 12. Lessee, at its option, is hereby given the right and power at any time and from time to time as a recurring right,either before or after production, as to all or any part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the lease- hold estate and the mineral estate covered by this lease with other land,lease or leases in the immediate vicinity for the production of oil and gas, or separately for the production of either, when in Lessee's Judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, nits previously formed to include formations not producing oil or gas, may be reformed to exclude vch non-producing formations. The forming or reforming of any unit shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation, which declaration shall describe the unit. Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production,drilling or re- working operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall be treated as if it were production, drilling or reworking operations or a well shut in fur want of a market under this lease. In lieu of the royalties elsewhere herein speci- fied, including shut-in gas royalties, Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease: such allocation shall be that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in such unit. In addition to the foregoing,Lessee shall have the right to unitize, pool, or combine all or any part of the above described lands as to one or more of the formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and, from time to time, with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terms, conditions and Provisions of this lease shall be deemed modified to conform to the terms, conditions, and provisions of such approved cooperatoe or unit plan of development or operation and, particularly, all drilling and development requirements of this lease, express or implied, shall be satisfied by compliance with the drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agree- ment. In the event that said above described lands or any part thereof, shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan,then the produc- tion allocated to any particular tract of land shall, for the purpose of computing the royalties to e paw here wider to e ssor,bet 'dad as bao os been produced from the particular tract of land to which it is allocated and not to any other tract of land;and the royalty payments to be made hereunder to Lessor shall be based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee. 13. All express or implied covenants of this lease shall be subject to all Federal and State Laws,Executive Orders, Rules or Regulations,and this lease shall not be terminated,in whole or in part,nor Lessee held liable in damages,for failure to comply therewith,if compliance is prevented by,or if such failure is the result of,any such Law,Order,Rule or Regulation. 14. Lessor hereby warrants and agrees to defend the title to the lands herein described,and agrees that the Lessee shall have the right at any lime to redeem for Lessor, by payment, any mortgages, taxes or other liens on the above described lands, in the event of default of payment by Lessor and be subrogaled to the rights of the holder thereof, and the undersigned Lessors, for themselves and their heirs,successors and assigns, hereby surrender and release all right of dower and homestead in the premises described herein,insofar as said right of dower and homestead may an any way affect the purposes fur which this lease is made,as recited herein. 15 Should any one or more of the parties herelnabove named as Lessor fail to execute this lease, it shall nevertheless be binding upon all such parties who do execute it as Lessor. The word "Lessor;' as used in this lease, shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of this lease shall be binding nn the heirs,successors and assigns of Lessor and Lessee. IN WITNESS WHEREOF',this instrument is executed as of the date first above written. ( in>C%,>e.- 5;27-58-s9/7 �i j �.<, ✓��t' 4✓ s�2y .2 �' Theodore Koolstra SS# x,s,Marion Ann Kool=stxa' SS/� °4 : ' 41q ;.; 47W�'t 4,1 ` • �r1 ttatro. . vs. l late d� `+f cy Printed b- P&M Printing (3031423-4691 Jr STATE OF_ Nebraska Oklahoma, Kansas, New Mexico, Wyoming, Montana, Colorado, Utah, COUNTY OF Kimball .1 ss' Nebraska, North Dakota, South Dakota ACKNOWLEDGMENT—INDIVIDUAL . BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this -4 ti2Z- day of ei , 12003, personally appeared Theodore Koolstra and Marion Ann Koolstr_ , irkividuallyand as husband & wife and , to me known to be the identical person S , described in and who executed the within and thregoing instrument of writing and acknowledged to me that they duly executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notaria s I the day.a a yeah; last�t rve written. My Commission Ex - es .�-.�ti- C ( .� 1 :*`�+-- .1-177, d f.i.-k---' Notary Publc. GENERAL NOTARY-State of Nebraska - / �9/9--) lI WINIFRED PETERSEN Address: O /7 C.; 71 <"c�dL4 }(i1 :>.-'.ilt_ My Gomm.Esp.Feb.P5,r / 1 STATE OF . Oklahoma, Kansas, New Mexico, Wyoming, Montana, Colorado, Utah, y ss Nebraska, North Dakota, South Dakota COUNTY OF J ACKNOWLEDGMENT—INDIVIDUAL BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this day of , 19 , personally appeared and , to me known to be the identical person_ , described in and who executed within and foregoing instrument of writing and acknowledged to me that duly executed the same as free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. My Commission Expires Notary Public. Address: - STATE OF ACKNOWLEDGMENT (For use by Corporation) }ss COUNTY OF On this day of , A.D. 19 , before me personally appeared , to me personally known, who, being by me duly sworn, did say that he is the of. and that the seal affixed to said instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said acknowledged said instrument to be free act and deed of said corporation. Witness my hand and seal this day of - , A.D. 19 -. Notary Public. (SEAL) Addrece' -� .y Commission expires 111111111111IIII1111111111111IIII111111III11111III 1111 3083148 07/14/2003 02:11P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder 'a '2 N 6 Po V Q q . y E U T v ❑ C 5 i O C t O u O O 'O m a g s. E P1:.;t oo ea t; LE c0 iw u m I c O O `o u 9 a F v E o �' V=. at as cu , C ,it .'z 17, 0 a u,_ ,. to v } EE#} ,. 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