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RESOLUTION
RE: APPROVE DIVISION ORDER WITH NOLBURN ENERGY COMPANY AND AUTHORIZE CHAIRMAN
TO SIGN
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WHEREAS, the Board of County Commissioners of Weld County, Colorado,
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U pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
o with the authority of administering the affairs of Weld County, Colorado, and
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WHEREAS, Weld County, Colorado, has received a Division Order with Nolburn
• w Energy Company, 1675 Larimer Street, Suite 820, Denver, Colorado 80202, and
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follows:
x Township 7 North, Range 57 West, 6th P.M.
x Section 11: NE* NW;
U Weld County, Colorado
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w WHEREAS, Weld County is entitled to a one-eighth royalty interest on
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WHEREAS, in order to receive said royalty interest, Weld County must
z execute said Division Order, a copy of which is attached hereto and incorporated
(NI herein by reference, and
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a WHEREAS, said Division Order has been reviewed by a member of the Weld
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County Attorney's staff and found to be in order, and
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WHEREAS, the Board deems it advisable to approve said Division Order on the
'a parcel of land described herein.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Division Order with Nolburn Energy Company, 1675
Larimer Street, Suite 820, Denver, Colorado 80202, on the hereinabove described
parcel of land be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said Division Order.
911379
LeCD13a C. Cie Pier fkPOetre-n)
Page 2
RE: DIVISION ORDER - NOLBURN ENERGY COMPANY
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 20th day of November, A.D. , 1991.
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U ///BOARD OF COUNTY COMMISSIONERS
N p ATTEST: /V/"1✓ 4ean WELD COUNT C O DO
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4 Weld County Clerk to the Board
o W Gord airman
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oo By: 4,-(...4141 EXCUSED
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Deputy Clerk qe Board Geode Kennedy, Pro-Tem
APPROVED AS T FORMIC .4-170:11:21.6-Li144Ljetcc
o Constance L. Harber
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4 County Attorney C. W. Kir y
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911379
U 1 S LI '2.' C.11
DIVISION ORDER CLEM
TO THE BC`..7,)
November 10, 1991
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M o TO: NOLBURN ENERGY COMPANY, 1675 Larimer Street, Suite 820 , Denver,
u Colorado 80202
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o The undersigned, and each of us , certify and guarantee that we are the
0 3 legal owners of and hereby warrant the title to our respective interests as
x set out below in all oil and gas produced from all wells on the Nolburn
` - 4 Energy Company - Weld County-Kindt #1 farm or lease located in Weld County,
o State of Colorado, more particularly described as follows :
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x Township 7 North. Range 57 West. 6th P.M.
Section 11: NE%4 NW'/4
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v and commencing at 7 A.M. , the day of first runs , and until further written
notice either from you or us you are authorized to receive 100% of revenue
c`-,1H from oil and/or gas sales and distribute said revenue as follows:
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c DIVISION OF
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41 CREDIT TO INTEREST POST OFFICE ADDRESS
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z ROYALTY INTERESTS
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Weld County, Colorado 0. 12500000 R. I .
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a OVERRIDING ROYALTY
CO INTERESTS
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Nolan L. Ashburn 0.09185000 O.R.R. I .
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WORKING INTERESTS
Nolburn Energy Company 0 . 63877500 W. I .
Nolburn Energy Partners 1991-1 0. 05687500 W. T .
Frank L. Musgrave and Company 0 . 02734375 W. I .
Robert Bodor Revocable Trust 0.02187500 W. I .
William H. Schoen III
Revocable Trust 0. 02187500 W. I .
Jon L. Ashburn 0.01640625 W. I .
MAKE SURE YOUR CORRECT MAILING ADDRESS IS SHOWN ABOVE
01 .E '7'7
The following covenants are also parts of this division order and
shall be binding on the undersigned, their heirs, devisees , successors,
legal representatives and assigns.
FIRST: Settlements shall be made within thirty ( 30 ) days after the
oil purchaser settles its account in full with Nolburn Energy Company by
your check mailed to the undersigned parties at the addresses given herein.
Should the proceeds accruing to any interest hereunder for any month be
less than fifteen dollars ( $15. 00 ) , you may, at your option, retain such
proceeds without interest until the first regular settlement date when the
o O proceeds accumulated total as much as fifteen dollars ( $15 . 00 ) . You are
o O hereby authorized to withhold from the proceeds of any and all oil sales
o made hereunder each interest owners proportionate share of any tax levied
U and assessed by any governmental authority on these oil sales , and to pay
a the same in our behalf.
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3 SECOND: Abstracts and other evidence of title satisfactory to you
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will be furnished to you at any time on demand. In the event of failure to
vi- al so furnish such evidence of title, or in the event of any dispute or
a question at any time concerning title to the above lands , or the oil
o ao produced therefrom, you may hold the proceeds of all oil received and run,
without interest, until indemnity satisfactory to you has been furnished or
u, until such dispute or question of title is corrected or removed to your
" '4 satisfaction. And in the event any action or suit is filed in any Court
-ix affecting title either to the real property above described or to the
w oil/gas produced therefrom in which any of the undersigned are parties ,
written notice of filing of such action shall immediately be furnished you
by the undersigned, stating the Court in which the same is filed and the
N H title of such action or suit, and you shall be held harmless from any
--. 41 judgment rendered in such suit and all reasonable costs and expenses
incurred in defending against said claim, and the undersigned shall pay
said judgment and said costs and expenses .
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iw THIRD: The undersigned severally shall notify you of any change of
0 ownership, and no transfer of interest shall be binding upon you until a
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z transfer order and the recorded instrument evidencing such transfer, or a
o certified copy thereof, shall be furnished to you. Transfers of interest
v a shall be made effective not earlier than the first day of the calendar
a month in which notice is received by you. You are relieved hereby of any
responsibility for determining if and when any of the interests hereinabove
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S set forth shall or should revert to or be owned by other parties as a
rn o result of the completion or discharge of money or other payments from said
"A '-' interest and the signers hereof whose interests are affected by such money
G4 or other payments, if any, assume said responsibility and shall give you
notice in writing by registered letter addressed to you at the above
address, when any such money or other payments have been completed or
discharged or when any other division of interest than that set forth above
shall , for any reason, become effective and to furnish transfer orders
accordingly, and that in the event such notice shall not be received, you
shall be held harmless in the event of, and are hereby released from any
and all damage or loss which might arise out of any overpayment.
FOURTH: This division order shall become valid and binding on each
and every owner above named as soon as signed by him or her regardless of
whether any of the other above named owners have so signed.
IN ACCORDANCE WITH FEDERAL LAW, PLEASE INDICATE YOUR SOCIAL SECURITY
OR IDENTIFICATION NUMBER: 84-6000813
WIT SS O S OWNERS SI OW
ATTEST:
W,e d'CQugtpy,Clerkri the Board 11/20/91
Gordon E. Lacy, irman
BY:
` -/� - Ci -4 Weld County Board of Commissioners
D put Clerk e, Board
P Y
P.O. Box 758
Greeley, CO 80632
(303) 356-4000 ext. 4225
BE SURE YOUR SIGNATURE IS WITNESSED AND YOUR CORRECT ADDRESS IS SHOWN
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Nolburn Energy Company 11 Yti�
I675IarimerSt. Suite 820 CCt; ;K'_)==
Denver,CO 80'20'2
(303)595-4939
i791 r0V 15 9: 19
CLERK
TO TF
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November 12 , 1991
TO: Interest Owners
RE: Division Order
Weld County-Kindt #1
NE NW Section 11-7N-57W
Weld County, Colorado
Dear Owners :
Please find enclosed two copies of a Division Order for
crude oil production from the referenced well.
If you are in agreement with the interest as set forth on
this document, please sign in the presence of a witness . If
signing for a partnership or trust, please furnish a copy of
the document which authorizes the signature. Fill in your
mailing address and social security or tax identification
number where indicated.
If you have any questions , feel free to call me.
Yours truly,
Jon L. Ashburn
Vice President
JLA:ds
Enclosures
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