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HomeMy WebLinkAbout20030707.tiff A( 05- 123 - 1156 Division Order TO: Bonanza Creek Oil Company, LLC LEASE NO. : P.O. Box 21974 EFFECTIVE DATE: 11/01/02 Bakersfield, CA 93390 DATE PREPARED: 04/07/03 Each of the undersigned certifies and guarantees that he/she is the legal owner of, and hereby warrants title to, his respective interest as set forth opposite his/her name on Exhibit "A" attached hereto and made a part hereof, in the oil, natural gas, including gas condensate and natural gas liquids (hereinafter collectively referred to as "oil and gas"), produced and saved from the HAAS #1 , located in Weld County, State of Colorado, described as: Township 6 North, Range 67 West Section 15 : NE SE Until further written notice BONANZA CREEK OIL COMPANY, LLC (hereinafter called "Bonanza") is hereby authorized to account to each of the undersigned for his/her interest in said oil and gas in accordance with the division of interest which is set out herein, subject to the following terms and conditions: FIRST: Settlement hereunder shall be made on the basis of the proceeds derived from sales of such oil and gas and upon the volume computation made by the purchaser(s) thereof. SECOND: Payment hereunder shall be made by mailing a Bonanza check to each of the undersigned at the address given. The undersigned authorizes Bonanza to withhold from the proceeds of the sale of any and all oil and gas referred to herein the amount of any tax placed thereon, or on the production thereof, by any governmental authority, and to pay the same on behalf of the undersigned. THIRD: If a refund of any portion of the proceeds derived from the sale of oii and gas may be required under any order, rule or regulation of the Federal Energy Regulatory Commission or under the Natural Gas Policy Act of 1978 or any successor governmental or federal regulatory agency, Bonanza may hold without interest the portion of the proceeds subject to refund until indemnity satisfactory to Bonanza has been furnished or until Bonanza's refund obligation has been finally determined. If at any time a refund of a portion of the proceeds derived from the sale of oil and gas which has been paid the undersigned is required under any order, rule or regulation of the Federal Energy Regulatory Commission or under the Natural Gas Policy Act of 1978 or any successor governmental or Federal Regulatory Agency, Bonanza may recover said refund by deducing from future payments, or at Bonanza' s discretion, may invoice the undersigned interest, plus the legal rate of interest Bonanza is required to pay applicable to the undersigned' s portion of the refund. FOURTH: If the sale of oil and gas is made other than at the well or at the lease separator, then the proceeds to which this Division Order shall apply shall be the net proceeds after deduction of transportation, compression, gathering, dehydrating, and other costs properly incurred in connection with the making of such sale. FIFTH: The undersigned agrees to furnish to Bonanza satisfactory evidence of title when demanded. In the event of claim, controversy or suit which in the opinion of Bonanza affects title to the interests of any of the undersigned in the above- described land or to the share of the oil and gas produced therefrom or to the proceeds from the sale of such oil and gas, Bonanza may hold without interest the amount credited to the undersigned who is affected thereby until such title has been made acceptable to Bonanza. The undersigned agree to settle direct with all parties who may now own or may hereafter establish ownership of an interest in the premises herein described, and the undersigned hereby agree to indemnify and hold Bonanza harmless against all and every loss, charge, or expense of any kind whatsoever which Bonanza may suffer or incur by or on account of having paid the undersigned for 100% of the runs under this Division Order attributable to the interest set forth herein. SIXTH: The undersigned agree to notify Bonanza in writing of any change of ownership and no transfer of interest shall be binding upon Bonanza until a transfer order and the recorded instrument evidencing such transfer or certified copy thereof shall be furnished to Bonanza Creek Oil Company, LLC, P.O. Box 21974,Bakersfield, California 93390. Any transfer of interest shall be made effective on the first day of the calendar month following receipt of such notice to Bonanza. Bonanza is hereby relieved of any responsibility for determining if and when any of the interests herein set forth shall or should revert to or be owned by other parties as a result of the completion or discharge of money or other payments from said interest, and the signers hereof whose interests are affected by such money or other payments, if any, agree to give Bonanza notice in writing when any division of interest, other than set forth herein, shall for any reason become effective an to furnish transfer orders accordingly. In the event such notice is not received, Bonanza shall be held harmless in such event and is hereby released from any and all damage or loss which might arise out of any mispayment. It is agreed and understood that in the event any interest hereunder shall become subdivided, Bonanza shall have the right to require the write designation of a common agent to received payment for all of the several owners of the subdivided portions thereof, and Bonanza shall not be required to make payment for such subdivided interest until such designation is furnished. SEVENTH: The undersigned hereby adopt, ratify and confirm each oil and gas lease, together with any amendments thereto, under which the oil and gas to which this Division Order applies is produced. If the production which is the subject of this Division Order is obtained from a unit or units, the establishment of such unit or units is hereby ratified, confirmed and adopted. EIGHTH: If the proceeds accruing to any interest hereunder shall amount to less than Twenty-Five Dollars ($25.00)per month, Bonanza is hereby authorized to make payment from such accruals at such time as the accruals shall have accumulated in the amount of Twenty-Five Dollars ($25.00) or more. NINTH: This Division Order shall become valid and binding on each of the undersigned, his heirs, devisees, administrator, executor, successors or assigns, as soon as signed by him regardless of whether other interest owners have so signed, and all of the provisions herein contained shall apply to each of the undersigned separately and not jointly. WITNESS OR ATTEST: SIGNATURE: C4 David E. Long, Cri (04/14/2003) iA t Ls • : Address: 915 10t Street Deputy Clerk q 't e ,_S - irs)" .' 1r Greeley, CO 80631 `Lit e SS#or Tax I.D.# 84-6000-813 EXHIBIT "A" HAAS #1 WELD COUNTY, COLORADO OWNER NO. CREDIT TO DIVISION& TYPE OF INTEREST 521-48-4851 Myron E. Anderson .002283800 RI William P& Bertha S. Jacoby 1920 Hillside Place Windsor, CO 80550 524-72-4148 Andrew L. & Becky A. Farago .1236941 RI 230 Sequoia Circle Windsor, CO 80550 524-72-4148 Andrew L. & Becky A. Farago .0025737 RI 230 Sequoia Circle Windsor, CO 80550 84-1277004 Great Western Railway Company 252 Clayton Street, 4th Floor .0076232 RI Denver, CO 80206 521-82-3663 Richard &Valerie Huwa .0051475 RI 9455 Highway 392 Windsor, CO 80550 538-42-2780 Roderick L. Lindberg .0200000 ORI 7489 West Denaro Drive Glendale, AZ 85308 514-32-0825 Morris E. & Norma J. Rider .0019937 RI 513 Parkwood Drive Windsor, CO 80550 395-64-0281 Kim Rodriguez .0016947 RI 265 E. Parkway Estates Drive Oak Creek, WI 53154-4520 585-46-8264 Donald H. & Mary Sue Scott .0019937 RI 33111 Weld County Road 21 Windsor, CO 80550 84-6000813 Weld County Board of Commissioners .0000781 RI P.O. Box 758 Greeley, CO 80632-0758 1 EXHIBIT"A" (continued) HAAS #1 WELD COUNTY, COLORADO 77-0502743 Bonanza Creek Oil Company, LLC .8329175 NRI P.O. Box 21974 Bakersfield, CA 93390 TOTAL 1.000000 END OF EXHIBIT"A" 2 BONANZA CREEK OIL COMPANY' LLB 5201 California Avenue Bakersfield,CA 93309 Office:661/322-9927 P.O.Box 21974 Fax:661/322-9928 Bakersfield,CA 93390 Cell 661/332-4602 April 7, 2003 Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632-0758 RE: Division Order Haas #1 Well Section 15 NE SE T6N R67W Weld County, Colorado ;' Dear Sirs/Madams: As you know, Bonanza Creek Oil Company, LLC is now the operator of the above captioned well. Since Bonanza Creek Oil Company also distributes royalty payments, we are required to obtain a new Division Order with your signature. Enclosed please find in duplicate, an original Division Order for the above captioned well. To insure continued timely revenue payments, please execute and return to this office in the enclosed self-addressed envelope, one of the executed original Division Orders for the well. Please keep the other original for your files. Should you have any questions or need additional information, please feel free to call me at 661/322-9927. Sincerely, cat°, k inesc---A4a -c— Ralph E.1v1cPhetridge LANDMAN REM/plm Enclosures cc: Patrick A. Graham CO)5(7 COUNTY ATTORNEY STAFF APPROVAL This is to affirm the attached Division Order and Authorization to Receive Payment for an Oil and Gas Well has been reviewed by the County Attorney's staff as to form, legal description, and percentage of royalties, if applicable. BY: Co Attorney DATE: / 1 /�-� Hello