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HomeMy WebLinkAbout891558.tiff 482186748 B 1239 REC 02186748 07/31/89 10:10 $55.00 1/011 F 0660 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ASSIGNMENT AND BILL OF SALE THIS ASSIGNMENT is made this 21st day of July, 1989, by and between MOUNTAIN OIL & GAS, INC. ("Mountain"), a Colorado corpor- ation, 745 Gilpin Street, Denver, Colorado 80218, as assignor and THERMO FUELS, INC. ("Thermo"), a Colorado corporation, 5840 Dahlia Street, Commerce City, Colorado 80222, as assignee. 1. ASSIGNMENT OF LEASEHOLD AND PERSONAL PROPERTY INTERESTS. For Ten Dollars ($10.00) and other good and valuable considera- tion, the receipt and sufficiency of which are hereby acknowl- edged, Mountain, subject to the terms, conditions and limitations contained herein, hereby transfers, conveys, grants, assigns and sets over unto Thermo all of Mountain's right, title and interest in and to the oil and gas leases described in Exhibit A attached hereto (the "Leases"), insofar as the Leases cover the lands and depths described in Exhibit A, consisting of the specific operating and net revenue interests set forth in Exhibit A in the Leases and the oil and gas wells located thereon (the "Wells"), together with all of Mountain's right, title and interest in and to all property and rights incident to the Leases and the Wells (including without limitation all pooling agreements, unitization agreements, operating agreements, product purchase and sale contracts, leases, licenses, operating permits, easements, rights-of-way, surface damage agreements, segregation agreements, farmouts, options, orders and other agreements in any way relating to the Leases or the Wells, and all machinery, equipment, personal property, fixtures and improvements located on or appurtenant to the Leases and lands described in Exhibit A or used in connection with the Wells). All of the foregoing properties, rights and interests may sometimes be hereafter referred to as the "Assets". 2. PROPORTIONATELY SUBJECT TO EXISTING BURDENS. The Assets are subject to their proportionate share of all burdens, restric- tions, exceptions, reservations, conditions, limitations, charges, agreements and other matters of record in the real prop- 5611558 B 1239 REC 02185748 07/31/89 10:10 $55.00 2/011 F 0661 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO erty records of Weld County or of which assignee has actual notice at the effective date hereof. Thermo specifically assumes and agrees to perform all obligations, terms and conditions imposed under the Leases and all surface use, farmout, operating, segregation and other agreements of record or of which Thermo has actual notice at the effective date hereof, insofar as such agreements relate to the Assets. 3. WARRANTIES. And for the same consideration, Mountain covenants with Thermo, its successors and assigns: that Mountain is the lawful owner of and has good title to the Assets free and clear of all liens, claims, clouds or encumbrances created by, through or under Mountain except that certain Deed of Trust, Mortgage, Assignment of Production and Security Agreement - Ratification and Modification Agreement executed by Mountain in favor of Halliburton Company dated effective August 26, 1988, recorded in Book 1208 at Reception No. 02154578 of the real property records of Weld County; that the Leases are valid and subsisting leases covering the lands described in Exhibit A, and that all rentals and royalties due as of the effective date have been paid and all conditions necessary to keep the Leases in full force and effect have been duly performed, and that Mountain will warrant and forever defend the Assets against all persons whomsoever lawfully claiming the same by, through or under Mountain. 4. ADDITIONAL INTERESTS. Notwithstanding the foregoing covenants, it is the intent of this assignment to convey all of Mountain's interests in the Leases and the Wells, whether or not the interests or depths owned by Mountain in the Leases are correctly described in Exhibit A. It is the further intent of this assignment to convey Mountain's interest in and to all of the oil and gas leases owned by Mountain and covering the lands described in Exhibit A, whether or not such leases are specifi- cally or correctly described in Exhibit A. 5. NO WARRANTIES ON EQUIPMENT. ALL FIXTURES, EQUIPMENT AND PERSONAL PROPERTY ARE BEING SOLD "AS IS", WITHOUT ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. B 1239 REC 02186748 07/31/89 10:10 $55.00 3/011 F 0662 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO IN WITNESS WHEREOF, this instrument is executed as of the date above set forth, but shall be effective for all purposes as of 7:00 a.m., Mountain Time, on July 1, 1989. MOUNTAIN OIL & GAS, INC. By: F. Lee Robinson Attorney-in-Fact THERMO FUELS, INC. ATTEST: Curtis R. ,lens4n, Assistant By. Jam s roe, III ��11Secretary Pr sidenent STATE OF COLORADO ) COUNTY OF )L\cnzcG-`, j ss. The foregobng,instrument was acknowledged before me this -"tit day of .".1.4/ , 1989, by F. Lee Robinson as Attorney-in-Fact foe Mountain Oil & Gas, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: August \ggi Notary Public ,I S EYi I. j ' STATE OF COLORADO ) Ss. COUNTY OF ) The forego4ng instrument was acknowledged before me this 2/.r/ day of ` ],fir.., , 1989, by James Monroe, III, as President of Thermd Fuels, Inc., a Colorado corporation. Witness my hand and official-seal. My commission expires: AuguH28.198I r Notary Public '' ..... r :r1 : Page 4 of 8 Recorded ti o Lessor(s) Lessee Date Book/Reception Legal Description ti J V. Gatewood 3-1, 4-1, 6-1, 11-1 Wells Location: NEaNWa Section 1, T. 5 N., R. 65 W. (3-1) N NW}NW: Section 1, T. 5 N., R. 65 W. (4-1) o SE}NW} Section 1, T. 5 N., R. 65 W. (6-1) N•R NEQSW( Section 1, T. 5 N., R. 65 W. (11-1) Ow a Interests: Operating Interest: 50.00000% o Net Revenue Interest: w 3-1, 4-1, and 6-1 -- 40.50000% o a 11-1 -- 40.53058% 2. Victor Verity, Aeon Energy 03/17/82 970/1895423 T. 5 N., R. 65 W., 6th P.M.1 m Conservator of Grace Company Section 1: NWg,NISW4 Eight Gatewood Estate .0 H Weld County, Colorado Sunshine Valley 04/22/87 1154/02097274 T. 5 N., R. 65 W., 6th P.M.1 Petroleum Section 1: .737 acre parcel o located in NE)SW+ described x -- by metes and bounds in lease oa rw .z VI. Mossberg 2-31 Well -z Location: NW<NN4 Section 31, T. 5 N., R. 66 W. >• m Interests: Operating Interest: 99.0000% Net Revenue Interest: 77.22008 Union Pacific Sunshine Valley 06/22/87 1164/02107916 T. 5 N., R. 66 W., 6th P.M.5 Resources Company Petroleum Section 31: NW`ONE: m w Corporation Hello