HomeMy WebLinkAbout20000580.tiff GAS DIVISION ORDER
TO: NORTH AMERICAN RESOURCES COMPANY
EFFECTIVE: Date of First Production
The below named parties, hereinafter designated as"OWNERS", and each of them by their signatures hereto
affixed, do hereby represent, certify and warrant that they are the legal owners in the proportions set out below of all the gas and
associated liquid hydrocarbons produced from or allocated to the well, acreage or communitized area more particularly described
as follows:
Township 2 North, Range 68 West
Section 23:W2
Elmquist 12-23 (J)Well CO 6403
As to the J Sand Formation
in Weld County, State of Colorado,and are entitled to receive payments for gas taken or sold off of the premises, and until further
notice credit for such gas so taken or sold from said premises shall be given as directed below:
CREDIT TO DIVISION OF INTEREST MAILING ADDRESS
SEE EXHIBIT"A"ATTACHED
NORTH AMERICAN RESOURCES COMPANY, hereinafter called "OPERATOR" may sell and deliver to any purchaser and then
remit to the OWNERS as set out herein for all gas and associated liquid hydrocarbons, including condensate produced,'saved
and sold from said premises as follows:
1. Payment for gas shall be paid to the OWNERS according to the division of interest shown above.
Payment therefor may be made monthly by the OPERATOR mailing to such parties its check therefor at the post office acjdress
stated, on or before thirty (30) days after receipt by OPERATOR of sufficient information upon which settlement therefor nrdy be
made. If the amount accruing to the interest of any Owner herein is less than Fifty Dollars ($50.00) in any one month, the
proceeds of such runs may, at the option of OPERATOR, be accumulated and paid without interest on a semi-annual basis,
payment to be made in June and December of each year.
If a refund of a portion of the proceeds derived from the sale of gas may be required under any order,
rule or regulation of the Federal Power Commission or other governmental agency having jurisdiction thereof, or the provisions of
the"Natural Gas Act", the price for gas shall be calculated on the basis of the unsuspended or unconditional certificated price for
such gas. OPERATOR may hold, without interest, the portion of proceeds subject to possible refund until the amount of the
refund, if any, is determined by final unappealable order of the Federal Power Commission or such other governmental agency.
OPERATOR is also expressly authorized and given the right, in its sole discretion, to withhold or deduct from the share of any
disbursement, directed hereunder attributable to any Owner, a sufficient sum to pay all ad valorem taxes, applicable State and
Local taxes, Resource Indemnify Fund Tax and any other tax (excluding income taxes)that will become due and payable by any
Owner, and to pay such taxes and render a full account of any such taxes paid by it to any Owner for whom such taxes have
been paid.
2. Settlement for the above interests shall be made on the basis of the net proceeds received from the
sale of gas based upon the volume computations made or accepted by the purchasers thereof. "Net Proceeds" means the
amount received from such sale less transportation, dehydration, separating, treating, processing and compression charges and
other costs or expenses, if any. OPERATOR may sell gas to any purchaser of its choice at such quantities and price as it shall
deem prudent. However, in the event the sales price for gas is established or regulated by the Federal Power Commission, or
other governmental authority, the price applicable to such sales for the purpose of calculating net proceeds shall be the
unsuspended or unconditional certificated price for such gas determined by final unappealable order of the Federal Power
Commission or such other governmental agency.
3. Payments so made are to be in full settlement for such gas so taken or sold from said premises.
4. OWNERS severally shall notify OPERATOR of any change of ownership, and no transfer of interest
shall be binding upon OPERATOR until a request to make such transfer and the recorded instrument evidencing such transfer, or
a certified copy thereof, shall be furnished to OPERATOR. Transfers of interest shall be made effective not earlier than the first
day of the calendar month in which notice is received by OPERATOR. OPERATOR is relieved hereby of any responsibility for
determining if and when any of the interests set forth above shall or should revert to or be owned by other parties as the result of
the completion or discharge of money or other payments from said interests and the OWNERS whose interests are affected by
such money or other payments, if any, assume said responsibility and shall give OPERATOR notice in writing by certified letter
addressed to OPERATOR, when any such money or when any other division of interest than that set forth above shall, for any
reason, become effective, and to furnish requests for transfer accordingly, and that in the event such notice shall not be received,
OPERATOR shall be held harmless in the event of and is hereby released from any and all damage or loss which might arise out
of any overpayment.
5. In the event of any dispute or question at any time concerning title to the above described lands, or
the gas produced therefrom, OPERATOR may hold the proceeds of all gas runs hereunder, until indemnity satisfactory to
OPERATOR has been furnished or until such dispute or question of title is corrected or removed to court affecting title to either
the real property above described or to the gas produced therefrom in which any of the undersigned are parties, written notice of
the filing of such action shall immediately be furnished to OPERATOR by the undersigned, stating the court in which the same is
filed and the title of such action or suit, and OPERATOR or any purchaser of gas runs shall be held harmless from and any
judgment rendered in such suit and all reasonable costs and expenses incurred in defending against said claim whether in
OPERATOR's defense of the gas purchaser, and the undersigned shall pay said judgment and said costs and expenses in the
proportion and to the extent that the same affects his or their interest. Where, under this provision the proceeds of any gas sales
are retained, OWNERS agree to indemnify and hold the OPERATOR harmless from any liability for any tax proposed or
assessed against or paid on account of such retained proceeds, together with the penalties incident thereto, and the OPERATCR
may deduct the same from any amount owing by it to OWNERS. In the event of overpayment for gas to the interest of any Owner
herein, OPERATOR is authorized upon discovery thereof to recoup such amounts from future accruals to this or any other
interest of such Owner for which OPERATOR may make settlement.
2000-0580
4,-a000 LEO/ 93
6. This Agreement shall be binding upon all parties agreeing hereto irrespective of whether all parties
owning an interest in the minerals, royalty, and leasehold estates execute the same, and shall extend to and be binding upon
their respective heirs, devisees, executors, legal representatives, successors and assigns. This Agreement may be attached as
an exhibit to any other document and incorporated therein by reference for all purposes and execution of any such document to
which this Gas Division Order may be attached shall be deemed to be for all purposes of the same force and effect as execution
of this document.
7. If applicable, the OPERATOR will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and any amendments or supplement thereto and of the rules, regulations and relevant orders of the
Secretary of Labor.
8. Special Provisions:
Wit E79/7
Clerk to th- B.!" �
`�1y� M. Celle
,j! t r j �� — 1
Co - ��.•�;, ��i► ► Chair Pro-Tem (03/06/00)
Deputy Cler tom• hi
Board 84-6000-813
l�J 1Iv SS#
915 10th Street
Mailing Address
Greeley, CO 80631
EXHIBIT "A"
Attached to and made a part of that
certain Gas Division Order effective
Date of First Production covering the
Elmquist 12-23 (J) Well CO. 6403
OWNER# NAME INTEREST
8593 Duane E and Cornelia Nelson 6.25000% RI
8474 I25 Access Rd East
Longmont, CO 80504
8485 John R Haley 2.06812% RI
14491 Weld County Road #5
Longmont, CO 80501
8950 James D Haley 2.06811% RI
24331 Lake Shore Lane
Lake Forest, CA 92630-3031
9042 Charles W Haley 2.06811% RI
3324 Camden DR
Longmont, CO 80503
8035 Weld County .03859% RI
c/o Board of County Comm
Weld County Centennial Center
915 10`" Street
Greeley, CO 80631
21802 State Department of Highways .00707% RI
4201 East Arkansas Avenue
Denver, CO 80222
9097 Jack C and Shirley A Bendier Trustees .49817% OR
6812 East 89`" Street
Tulsa, OK 74133
8929 Norma Jeanne Freedman . 62272% OR
1580 Lincoln Street, #650
Denver, CO 80203
8648 Billye L Hix . 13077% OR
4222 Jennie Street
Amarillo, TX 79106-6031
7968 Lena Mae Grant Irrevocable Trust . 10898% OR
c/o Errol J McBride Trustee
RR 4 Box 8
Crawfordsville, IN 47933
10827 Green Family Trust . 49817% OR
William R & Margaret Green Trustees
9337 W Pebblebrook Lane
Boise, ID 83703
17060 Macey & Mershon Oil Inc .06227% OR
P O Box 2210
Denver, CO 80201
9160 Machii-Ross Petroleum Company 2. 49087% OR
3420 Ocean Park Blvd #1050
Santa Monica, CA 80405
13930 Darlene E Patterson . 49818% OR
6800 E Tennessee Avenue #642
Denver, CO 80224
10746 Robert S Pirtle . 12454% OR
P O Box 1310
Tyler, TX 75710
8933 William Pirtle . 12454% OR
403 Brighton Court
Tyler, TX 75701-9549
8450 Martin L Rogers .07161% OR
3737 14th Street SE
Loveland, CO 80537
10829 Tiago Corp 1 . 24543% OR
P O Box 370053
Denver, CO 80237
8716 Western Oil & Minerals Limited 2 . 98904% OR
P 0 Drawer 1228
Farmington, NM 87499
22 North American Resources Company 77 .03836% WI
16 East Granite Street . 99635% OR
Butte, MT 59701
TOTAL 100.00000%
\t' r;
North American fl.
Resources Company
a Montana Power company
INSTRUCTION TO ALL INTEREST OWNERS
THE ENCLOSED DIVISION ORDER OR TRANSFER ORDER SHOULD NOT BE ALTERED IN
ANY WAY EXCEPT TO CORRECT SPELLING ERRORS, UNLESS ACCOMPANIED BY
DOCUMENTARY EVIDENCE TO SUPPORT THE CHANGE.
If your name and interest are correctly shown:
INDIVIDUAL- Sign your name as shown and have your signature
witnessed.
CORPORATION- Signature must be attested, corporate seal
affixed and title of party reflected.
PARTNERSHIP- Must be executed by all partners or by an
authorized partner. Please provide copy of
instrument giving partners authority to sign.
AGENT, ATTORNEY-IN-FACT,GUARDIAN ETC - Please provide copy
of power of attorney of other evidence of
party's authority to sign.
If your name has changed because of marriage or divorce, execute the Division Order with
your current name and send a copy of the marriage certificate or divorce decree with your
executed Division Order.
SHOULD YOU FAIL TO PROVIDE YOUR CORRECT SOCIAL SECURITY NUMBER OR
TAX IDENTIFICATION NUMBER, THE LAW PROVIDES FOR A 20% WITHHOLDING
OF ALL YOUR PRODUCTION PROCEEDS DUE YOU. PLEASE COMPLETE AND
RETURN THE ENCLOSED W-9 FORM (if one is provided) WITH YOUR EXECUTED
DIVISION ORDER.
Please provide your mailing address in the space provided.
RETURN ONE COPY OF THE DIVISION ORDER/TRANSFER ORDER IN THE SELF-
ADDRESSED ENVELOPE PROVIDED.
If for any reason a suspense has been set out for your interest the reason for the suspense
will be set out with your Division Order. Please respond to the requirements as indicated.
DO NOT DETACH THE EXHIBIT FROM THE DIVISION ORDER IF ONE IS INCLUDED.
If you should have any questions about this instrument please contact Edie Moses at 1406)
496-5266.
16 East Granite Street• Butte,Montana 59701-9326
Telephone 406-782-4233
Facsimile:406-496-5295(Land,Lease&Accounting)• 406-496-5300(Engineering)
COUNTY ATTORNEY
STAFF APPROVAL
This is to affirm the attached
Division Order or 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.
I3Y:
.06unty Atto ey
I I
r
DATE: i` ' f
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