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Home My WebLink About840002.tiff AR1984643 RESOLUTION RE: APPROVAL OF AMENDED DIVISION ORDER REGARDING BOUNTIFUL CORPORATION, 900 CITY CENTER 4 , 1801 CALIFORNIA STREET, DENVER, COLORADO 80202 WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the ,n o affairs of Weld County, Colorado, and o O WHEREAS, Weld County, Colorado, is the holder of a certain lease with Petromax Energy Corporation. Said lease covers land a more particularly described as follows, to-wit: a 0 3 Part of SEa SEa, Section 25, Township 6 North, o a Range 66 West of the 6th P.M. , Weld County, ▪ w Colorado w a v Containing .91 acres , more or less o a WHEREAS, Bountiful Corporation has submitted an Amended Division Order on the subject property, and WHEREAS, Weld County is entitled to an eighteen percent c royalty interest on production, and o H WHEREAS, in order to receive said royalty interest, Weld County o h must execute said Division Order, a copy of which is attached hereto a and incorporated herein by reference, and WHEREAS , said Division Order has been reviewed by the Weld 1/40 w County Attorney, Thomas O. David, and found to be in order, and coz °�' � WHEREAS , the Board deems it advisable to approve said o Division Order on the hereinabove described land. a a NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the Amended Division Ln Order as submitted by Bountiful Corporation be, and hereby is , O IN H o approved. go 44 (/- LHR 793 Zi 840002 ZE O C) ' Page 2 RE: AMENDED DIVISION ORDER - BOUNTIFUL CORPORATION The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of October, A.D. , 1984 . � ��,/ BOARD OF COUNTY COMMISSIONERS ATTEST^ WELD COUNTY, COLORADO f)'`.� Weld 'County Cl.erk.;and Recorder mccusvn DATE OF SIGNING - AVF, and Clerk �,_. , , . d Norman Carlson, Chairman CrICto . nU v�a _ �YY ` Pro-Tern C unty Jerk J. •u Alone �o nson, ,s , 4 , APPROVED A$ IT(*FORM: It ene R. Brantn r County Attorney uck Carls n o N O J n T. Martin U a a ow o o co- 43 a O U w o g •• w Lo rix x w yra co U --- ° z rl H o E ti w w w m w .r w 00z a) z '-I a' 0 Ua w a 10 N cM u'1 O N rl O M W DIVISION ORDER AMENDED SMP/lf TO: BOUNTIFUL LEASE NO. .0276 CORPORATION DATE 9127184 900 City Center 4 1801 California Street Denver, CO 80202 (303) 297-1801 The undersigned,and each of them,guarantee and warrant that they are the legal owners of their respective interests in the proportions in hereinafter stated,in all oil produced and saved from the Petrnmax Fner y Corpnrd ti Otl..____._ O U O rn Monfort #25-1 ease. Ca located in Weld County,State of Colorado described as: - -- 0 w o a Township 6 North, Range 66 West, 6th P.M. ti>41 Section 25: E/2 SE/4 ocontaining 78.54 acres, more or less U Cal 0x La • 1/4O rx mi w 0o o Z Effective at 7:00 A.M. Date of First PurrhasP Iv Bountiful ,and until further written notice,you are authorized to N H w receive all such production,for your own purchase or for resale,to receive payment therefor,to give credit for all proceeds derived therefrom O E and pay therefor as follows: ti cn w m a OWNER NO. CREDIT TO • DIVISION OF INTEREST � w t0 4., op z o For the Division of Interests, see Exhibit "A" attached hereto and made a part hereof. w x m •:14 Lc) ***Amended as to Oil & Gas Lease from Weld County, Colorado to Petromax Energy Corporation dated July 18, 1984 and partial assignment from Petromax Energy Corporation to Petromax Energy Corporation 1981 Max Drilling Program and Petromax Oil & Gas, Inc. PLEASE NOTE: You (as payee) are now required by law to provide Bountiful Corporation (as payer) with your correct tax identification number. If you are an individual , your tax identification number is your Social Security Number. If you do not provide us with your correct number, the law requires that beginning January 1 , 1984, we withhold 20% of all payments made to you. In addition, you may be subject to a $5b:150 penalty imposed by the Internal Revenue Service. All covenants appearing on the reverse side hereof are Incorporated herein by reference and the undersigned agree that each shall be deemed and considered an essential part of this division order in like manner and with the same effect as if printed above our signatures. SIGNATURE OF-YPtT___ I/ SOCIAL SECURITY OR SIB '•- TAX I.D. NUMBER, aAsst/1/44411A4A4441— 476 % )\d- Ono t t1 915 10th Street P .O. Box 758 _ /,-if-. 793 Greeley, CO 80632 Zip Code The following covenants are also part of this division order and shall become valid and binding upon each and every interest owner above named upon execution hereof by such interest owner, and upon his or her successors, legal representatives and assigns, without regard to whether any other interest owner or owners have so signed. FIRST: All oil received and purchased hereunder shall be merchantable oil and shall become your property as soon as the same is re- ceived into your custody or that of any carrier designated by you. SECOND:The oil received and purchased hereunder shall be delivered f.o.b.to any carrier designated by you which gathers and receives said oil and you agree to pay for such oil to the respective owners according to the division of interests herein specified at the price being posted or paid by you at the time of such delivery. The term "oil" as used in this division order, shall include all marketable liquid hydro- carbons. THIRD: You shall compute quantity and quality, making corrections for temperature and deductions for impurities, according to the customs and prevailing practice in effect at the time and place of delivery and subject to rules and regulations prescribed by any governmen- tal authority having jurisdiction in the premises. FOURTH: Payments shall be made monthly for oil received and purchased during the preceding month, by your checks delivered or mailed to the respective parties at the addresses above stated; provided that if, at any time,the monthly payment due any party hereunder shall be less than twenty dollars($20.00),you may defer such payment,without interest,until the amount payable to such party equals or ex- ceeds the sum of twenty dollars in which event,payment shall be made at the next regular settlement date.Payment will be made at least an- nually. You are hereby authorized to withhold from the proceeds of any and all runs made hereunder each interest owner's proportionate share of any tax levied and assessed by any governmental authority on the oil received and purchased hereunder and to pay the same in our behalf. FIFTH: Satisfactory abstracts or other evidence of title will be furnished to you at any time on demand. Upon failure to furnish such evidence of title,or in the event of a claim or controversy which, in your opinion,concerns title to any interest hereunder,you may withhold, without interest and without liability, proceeds of all oil received by you hereunder until you have been furnished with indemnity satisfactory to you or competent evidence that such claim or controversy has been settled. In the event any action or suit is filed affecting title either to the real property above described or to the production therefrom in which any of the interest owners are parties,written notice thereof stating the court in which the same is filed shall be immediately furnished to you by such owner against whom the action is commenced. Each in- terest owner agrees to hold you harmless and to protect and indemnify you against any and all loss,cost, expenses or liability which may arise from such suit. SIXTH:Working interest owners and/or operators who execute this division order,and each of them,guarantee and warrant that all oil tendered hereunder has been or will be produced and delivered in compliance with all applicable federal, state and local laws,orders, rules and regulations. SEVENTH:No transfer of any interest or change in the right to receive payments hereunder,however accomplished,shall be effective as to you until 7:00 A.M.on the first day of the calendar month in which you are furnished a proper division or transfer order together with proof satisfactory to you evidencing such transferor change in the right to receive payments hereunder,and you are hereby relieved of any and all liability for payments made prior to receipt of a proper transfer order and a certified copy of the instrument of transfer. EIGHTH:This division order shall remain in full force and effect until cancelled by any party hereto upon giving thirty days written notice in advance of any such cancellation which shall be mailed to the respective parties at the addresses shown herein.Cancellation by any in- terest owner or owners shall not be effective as to the interests of any other owner. B 1046 REC 01984643 10/10/84 16: 10 $0. 00 4/005 F 0254 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" PETROMAX ENERGY CORPORATION MONFORT #25-1 LEASE NO. 050276 OWNER NUMBER NAME DIVISION OF INTEREST Royalty Interests 7785 Monfort Energy Resources , 1/8 x 76.72/78.54 .122103 Incorporated 7810 Estelle D. Ostrander 1/8 x .91/78.54 .001448 k**8117 Weld County, Colorado 18% x .91/78.54 .002086 Board of County Commissioners Overriding Royalty Interests 6433 C. A. Patchen 1% x. 76.72/78.54 .009768 6436 H & C Colton Company* 1/2 x 1/5 x (18.75 - 13.5%) .005128 x 76.72/78.54 6435 Milton V. Spencer* 1/2 x 1/5 x (18.75 - 13.5%) .005128 x 76.72/78.54 6434 Frank Wilson, Jr.* 1/2 x 3/5 x (18.75 - 13.5%) .015386 x 76.72/78.54 603 Enserch Exploration Inc. 1/2 x 12.5% x 76.72/78.54 .061052 6083 Bellwether Exploration, Inc. 7.5% x .91/78.54 .000869 Working Interests 6436 H & C Colton Company* 1/2 x 1/5(25% x 81 .25%) .019842 x 76.72/78.54 6435 Milton V. Spencer* 1/2 x 1/5(25% x 81 .25%) .019842 x 76.72/78.54 6434 Frank Wilson, Jr.* 1/2 x. 3/5(25% x 81 .25%) .059525 x 76.72/78.54 *** 7111 First City Energy Finance 1/2 x ,(75% x 81 .25%) .677823 Company F/A/0 Petromax x 76.72/78.54 Energy Corporation** + 1/2 x 74% x 76.72/78.54 + 80% x .91/78.54 + 82% x .91/78.54 * Two Interests ** The leasehold Estate is held of Record as follows: Petromax Energy Corporation 33.8911% Petromax Energy Corporation 1981- 0,472o% 2 S.'-ll &`/ Max Drilling Program Petromax Oil & Gas Corporation 2c A194% CS. tilt all subject to a Mortgage, Deed of Trust, Assignment of Production, Security Agreement & Financing Statement dated January 13, 1984. , 1 B 1046 REC 01984643 10/10/84 16: 10 $0 . 00 5/005 F 0255 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Form 6458 ilia. September 1982) Certification and Election Form are fie. 1545-0230 Department of the Treasury ► See separate Instructions. Expires 940.45 Internal Revenue Service Name I Taxpayer Identifying number Weld County - Board of Commissioners 84-6000813 Address (number and street) 915 10th Street , P .O. Box 758 City or town, State and ZIP code Greeley, CO 80632 Name of purchaser(only completed by a purchaser who Is forwarding a qualified disburser election) - I Taxpayer Identifying number -Part-I Exemption Certificate I certify that all my production from the properties on the attached list is exempt from the windfall profit tax. I am entitled to this exemption because I qualify for the status indicated below(check applicable box): Qualified governmental interest(section 4994(a)) O Exempt Indian oil(section 4994(d)) O Qualified charitable interest(section 4994(b)) O Qualified independent producer of exempt stripper well oil (section 4994(g),only applies to oil removed after 1982) I understand that I must file Part III within 10 days after I no longer qualify for exemption from the windfall profit tax. Under penalties of perjury.I declare that I have examined this certificate, Including accompanying Instructions,and to the best of my knowledge and belief. It is true,correct, and complete. Chairman, Board of Commissioners Signature of exempt producer In ,._ \ Date ► /�/p Part II Independent Producer Certificate I certify that I qualify as an independent producer as defined in section 4992,and that all my taxable production from the prop- erties listed on the attached sheet is entitled to the lower rate of windfall profit tax for tier one and tier two oil. The total taxable production from these properties (plus production from other qualified property that I have certified)does not exceed my share of the 1,000 barrel a day amount for independent producers. I certify that(check applicable box): ❑ I am a member of a related group (as defined in section 4992(e)(2)). I am attaching a list to the Form 6458 that I am filing with the IRS showing the name and taxpayer identifying number of all other members of my"related group." • I am not a member of a related group(as defined in section 4992(e)(2)). I understand that I must file Part III within 10 days after I no longer qualify as an Independent producer. Under penalties of perjury,I declare that I have examined this certificate, Including accompanying instructions,and to the best of my knowledge and belief. it is true,correct. and complete. Signature of independent producer ► Date ► Part Ill Revocation of a Previously Filed Certificate I no longer qualify for exemption from, or reduced rates of, the windfall profit tax.The status that I previously claimed was: O Qualified governmental interest O Independent producer O Qualified independent producer of exempt stripper well oil O Qualified charitable interest O Exempt Indian oil Date of original certification ► Service Center where filed ► Effective date of revocation le- Signature of producer ► Date ► Part IV Qualified Disburser Election I certify that I am a qualified disburser as defined in regulations issued under section 4995 and that I hereby elect to perfarm all the duties normally imposed upon the purchaser in regard to the administration of the windfall profit tax. I understand I must file Part VI within 10 days after this election is terminated. Effective date of election Property(Include full lease name,location,and identifying number,If applicable) Signature of Qualified disburser Date For Paperwork Reduction Act Notice,see page 1 of the Instructions. Form 6458 (Rev. 9-82) Hello