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HomeMy WebLinkAbout921809.tiff B 1349 REC 02302119 09/02/92 09:58 $30.00 1/006 AR23U2119 F 1812 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO BILL OF SALE AND ASSIGNMENT OF OIL AND GAS PROPERTIES THIS ASSIGNMENT, is dated as of August 1, 1992, between NORTH AMERICAN RESOURCES COMPANY, a Montana corporation, 16 East Granite, Butte, Montana 59701 (hereinafter referred to as"Assignor")and.1&S DEVELOPMENT COMPANY,a Limited Partnership, of 10 East End Avenue, Suite 1K, New York, New York 10021, and (hereinafter referred to as"Assignee"). WITNESSETH: 1. Conveyance. 1.1 Assignor,for valuable consideration to them in hand paid by Assignee,the receipt and sufficiency of which are hereby acknowledged, do hereby grant, bargain,sell, convey, assign,transfer,set over and deliver,effective August 1, 1992 at 7:00 A.M. Mountain Standard Time, unto Assignee, and unto Assignee's successors and assigns,the following: a. Undivided 8.046% of the Assignor's rights, titles and interests, including after-acquired titles, including reversionary interests, in and to all the oil, gas and mineral interests of every nature in the lands described on Exhibit "A" attached hereto,including without limitation the leases described in Exhibit"A"and any and all extensions and renewals thereof,(insofar and only insofar as said lands and leases pertain to production of oil, gas and mineral interests from the existing wells and formations described on Exhibit"B"attached hereto. b. Undivided 8.046% of Assignor's rights, titles and interests in and to the wells described on Exhibit "B" attached hereto and the lease and well equipment and facilities located on the leases or on land pooled or unitized therewith and used in connection therewith;and c. Undivided 8.046% Assignor's rights,titles and interests in,to and under all agreements and contractual rights which relate to the said leases, wells or equipment,including without limitation all rights in,to and under production sales contracts, surface use agreements, easements, permits, rights-of-way, pooling agreements,pooling designations,purchase,exchange and processing contracts and agreements, valid orders of governmental authorities and all other contracts, agreements and instruments attributable to said leases, wells or equipment, whether production, storage, treatment, transportation, processing or sale or disposal of oii,gas,other hydrocarbons,minerals or substances therefrom. 1.2The properties and interests referred to in 1.1a), h) and c) above will hereinafter be referred to as the "Subject Interests". The term "Subject Interest" when used with reference to any particular one of the Subject Interests shall mean and include: (i)such Subject Interest as the same may be enlarged or diminished by the provisions of any contract,agreement or other instrument,orthe removal of any charges or encumbrances to which said Subject Interest is subject; (ii) any and all renewals and extension of such Subject Interest; (iii) all contracts and agreements supplemental to or amendatory of or in substitution for the contracts and agreements referred to in c) above, insofar as the same relate to such Subject Interests; and (iv) all rights, titles and interests accruing or attributable to such Subject Interest by virtue of its being included in any pooled tract. TO HAVE AND TO HOLD the Subject Interests unto Assignee,their successors and assigns,forever. 2. Assignments on Approved Forms. With respect to oil and gas leases which,or interests in which, are included in the Subject Interests from the United States of America or from the State of Colorado, separate assignments on approved forms may be executed by the Assignor to the Assignee in sufficient counterparts to fulfill applicable statutory and regulatory requirements and said assignments, although unqualified in form and not specifically containing all of the terms and provisions hereof, shall nevertheless be deemed to contain all of the terms, provisions, warranties,remedies,powers and privileges set forth in this conveyance as fully to all'. intents and purposes as though the same were set forth at length in such separate assignments. 3. Further Assurances. Assignor shall execute and deliver all such other instruments, notices, division or transfer orders, releases, acquittances and JAP/4092/0467 1 q !�a I oq I oo�'o B 1349 REC 02302119 09/02/92 09:58 $30.00 2/006 F 1813 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO documents and will do all such other acts and things as may be necessary more fully to assure Assignee, their successors and assigns, all of the respective rights, titles, interests, estates, remedies, powers and privileges herein and hereby granted, bargained,sold,conveyed,assigned and delivered or intended so to be. 4. Limitation on Warranties. This Assignment is made without warranty of title except that Assignor warranty that title has not previously been conveyed by, through or under Assignor. All personal property and fixtures conveyed by this assignment are conveyed "as is". Assio nor disclaims all implied warranties including the implied warranties of fitness for particular purpose and merchantability. • 5. Successors and Assigns. All of the covenants and agreements of Assignor shall be deemed to be covenants running with the land and shall inure to the benefit of and be binding upon the respective successors and assigns of Assignor and Assignee. In WITNESS WHEREOF,Assignor have caused this Assignment to be duly executed on the date of acknowledgement annexed hereto in several counterparts (one of which,with all property descriptions included in the Exhibits, is on file in the office of Assignee at its offices in New York,New York),each of which is an original and all of which are identical,except that,to facilitate recordation,there are omitted from certain counterparts those exhibits or those property descriptions therein, which contain specific descriptions of property located in recording jurisdictions other than the jurisdiction in which the particular counterpart is to be recorded. Each of the counterparts hereof so executed shall for all purposes be deemed to be an original, and all such counterparts shall together constitute but on and the same conveyance. NORTH AMERICAN RESOURCES COMPANY ":4=1",. GI° is '.Rogers,Assist. ec tary James J ner AkFi 1' w in: `�:e- ' Vice President and General .yes;"" b,..i� Manager ter. 'AT L' } J1&S DEVELOPMENT COMPANY By: [/ moto Kei H.Heim ucic,Attorn ey-in-Fact for G.R.Shiarella,General Partner JAP/4092/0467 2 B 1349 REC 02302119 09/02/92 09:58 $30.00 3/006 F 1814 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF MONTANA )ss County of Silver Bow On this 27th day of August, 1992, before the undersigned, a Notary Public for the State of Montana, personally appeared James J. Benner, Vice-President of North American Resources Company,the Corporation which executed the foregoing instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and yearlticn, Sgge written. #40. A'�� iendA' i .':�• Notary Public for the Statctgf Montana Residing at Butte,Montana • €f1 My Commission expires /1423-1f . STATE OF COLORADO )5, County of Denver On this 28th day of August, 1992, before the undersigned, a Notary Public for the State of COIRria1Y.gersonally appeared Keith H. Heimbuck as Attorney-in-Fact for G.R. Shiarella, General :T-aart f o ts,$s Development Company, a New York Limited Partnership which executed the 4;.''fore oiriyg+Asftument and acknowledged to me that such Limited Partnership executed the same. .ANN WITNESS WHEREOF,I have hereun t my hand and affixed my Notarial Seal the day and s mom.parac iitA:a ogvccwritten. ‘c- ,,,, OF co,\ Not Public or the State Colorado Resi • g at Denver,Colorado My mmission expires NUT auc NS Nov 15 99'• MY COMMISSION W. • • • JAP/4092/0467 3 On On .On W 0n pen On or ^vO NO NO m0 00 NO NO OT yp • O • O • 0 • O • O • 0 0 A D UVT . _ A \T T ti a 9 •. K U N N p .0V NN .0 LA O A �A poO wO '00 o �o Po No >ao P ui P 0 A N 0 0 CO 0 \ \ 0 00 W N 0 MI-x m 0 N 0 0 N O W 0 S. \ -... 9 T A O 0O UM 0 y0 ' \ \ S. 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