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HomeMy WebLinkAbout931741.tiff B 1376 REC 02327286 04/01/93 16:32 $65 .00 1/013 F 0546 MARY ANN FEUERSTEIN CLERK 5 RECORDER WELD CO, CO AR2327286 ASSIGNMENT, CONVEYANCE AND BILL OF SALE THIS ASSIGNMENT, CONVEYANCE AND BILL OF SALE is made this 24th day of March 1993 between THERMO FUELS, INC., a Colorado corporation ("Assignor"), and THERMO COGENERATION PARTNERSHIP, a Colorado general partnership with offices at 5840 Dahlia Street, Commerce City, Colorado 80222 ("Assignee"). IN CONSIDERATION of the sum of Ten Dollars ($10.00)and other good and valuable consideration the receipt and adequacy of which are hereby acknowledged,Assignor has granted, bargained, sold, conveyed, assigned, transferred, set over and delivered, and by these presence does hereby grant, bargain, sell, convey, assign, transfer, set over and deliver unto Assignee, the following properties, rights and interests (collectively, the "Assets"): A. All of Assignor's right, title and interest in and to the oil and gas leases, lands and depths described in Exhibit A attached to this Assignment(such leases, insofar as they cover and include the lands and depths described in Exhibit A, being hereafter referred to as the "Lease?), and the oil and gas wells and injection and disposal wells located thereon (the "Wells"); B. All of Assignor's right, title and interest in and to the oil, gas and other hydrocarbons in, on, under or that may be produced from or attributable to the Leac's from and after the date of this Assignment, and the proceeds derived therefrom; C. All of Assignor's right, title and interest in, to and under or derived from all presently existing and effective unitization, pooling and communitization agreements, declarations and orders, and the properties covered and the units created thereby including all units formed under orders, regulations, rules or other official actions of any federal, state or other governmental agency having jurisdiction, to the extent that they relate to or affect any of the properties and interests described or referred to in Subparagraph A above or the production of oil, gas and other hydrocarbons attributable thereto; D. All of Assignor's right, title and interest in, to and under or derived from all presently existing and effective oil and gas sales, purchase, exchange, gathering, transportation and processing contracts, operating agreements, joint venture agreements, partnership agreements, and other contracts, agreements and instruments to the extent that they relate to any of the properties and interests described or referred to in Subparagraph A above or any units in which part or parts of such properties or interests may be included, or to the exploration, development, production or marketing of oil, gas and other hydrocarbons from or attributable to such properties or interests or such units; E. All of Assignor's right, title and interest in and to all personal property, equipment and fixtures located on or appurtenant to the Leases or the Wells or owned or held in connection with the production, treating, processing, storing, gathering, transporting or marketing of oil, gas and other hydrocarbons produced from or allocated to the Leases or the Wells (such personal property, equipment and fixtures being hereafter referred to as the "Equipment"); SW43838%51866.1 .1 CO I-14 0 Ian E 1376 REC 02327286 04/01/93 16:32 $65.00 2/013 F 0547 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO F. All of Assignor's right, title and interest in and to all easements, rights-of- way, permits, licenses, surface leases and other surface rights owned or held in connection with the I Paces, the Wells or the Equipment; and G. All of Assignor's files, records and data relating to the properties, rights and interests described in Subparagraphs A through F above, including without limitation all lease files, land files, well files, contract files, division order files, abstracts, title opinions, electric logs, geological, geophysical and similar scientific data and analysis and data files used in administering such properties, rights and interests, revenue and expense records, tax records, environmental permits,environmental reports and environmental regulatory notices,and all other information related exclusively or primarily to such properties, rights and intacsts, or the maintenance or operation thereof or the producing, treating, processing, storing, gathering, transporting or marketing of oil, gas and other hydrocarbons therefrom or attributable thereto; TO HAVE AND TO HOLD the Assets, together with all and singular the rights and privileges appertaining thereto, unto Assignee and its successors and assigns, forever. BY THIS ASSIGNMENT it is the intent to convey all of Assignor's rights, titles and interests in all property now owned or hereafter acquired by Assignor, whether real, personal, or mixed, located in the counties in which this Assignment is filed for recording, whether such rights, titles or interests be incorrectly described in Exhibit A attached hereto or the description thereof be omitted therefrom. THIS ASSIGNMENT is made without warranty of title, express or implied, except that Assignor warrants and agrees to defend the title to the Assets unto Assignee and its successors and assigns against any person claiming or to claim the same or an interest therein, by, through or under Assignor. ASSIGNOR HEREBY ASSIGNS to Assignee,with full right of subrogation, to the extent so transferable, the benefit of and the right to enforce the covenants and warranties, if any, which Assignor is entitled to enforce with respect to the Assets, whether recorded or unrecorded. ASSIGNEE HEREBY ACCEPTS the Assets and assumes and agrees to pay,perform and discharge all obligations and liabilities relating to the Assets and accruing on or after the date of this Assignment. Assignor shall pay, perform and discharge all obligations and liabilities relating to the Assets and accruing prior to the date of this Assignment. ASSIGNOR AGREES to execute, acknowledge and deliver to Assignee all transfer orders, division orders, notices, releases and other instruments and to do all such other and further acts as may be necessary or appropriate to more fully and effectively convey(or confirm the conveyance of) the Assets intended to be conveyed by this Assignment. ASSIGNOR HAS EXECUTED or will execute separate assignments of those IPacPs which are issued by, and the assignment of which is required to be filed with and approved by, the United States of America or any state or other governmental entity. Such separate assignments are on forms prescribed by such governmental entities, but are not intended to modify any of the terms, covenants and warranties set forth herein. Such assignments shall not ourrase asis661 -2- B 1376 REC 02327286 04/01/93 16:32 $65.00 3/013 F 0548 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO create any additional covenants or warranties of or by Assignor but shall be deemed to contain all of the terms and provisions hereof as fully and to all intents and purposes as though the same were set forth in such separate assignments. THIS ASSIGNMENT is being executed in multiple original counterparts, all of which are identical except that, to facilitate recording, certain portions of Exhibit A which contain descriptions of those Assets located outside of the recording jurisdictions in which a particular counterpart is to be recorded may have been omitted. Each such counterpart shall for all purposes be deemed an original instrument, and all such counterparts shall together constitute but one and the same Assignment. THIS ASSIGNMENT shall bind and inure to the benefit of Assignor and Assignee and their respective successors and assigns. IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment on the date set forth in the acknowledgments hereto, effective for all purposes as of the date first set forth above. ASSIGNOR: ATTEST: THERMO FUELS, INC. By: By: o, f1 n,..</r- Curtis R. Jense S retary J es Monroe III, President ASSIGNEE: THERMO COGENERATION PARTNERSHIP, a Colorado general partnership ATTEST: By: Thermo Fuels, Inc., a Colorado corporation, General Partner By: By: Curtis R. Jen , S retary Jam Monroe III, President 0D1043838151866.1 -3- • B 1376 REC 02327286 04/01/93 16:32 $65.00 4/013 F 0549 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO By: Thermo Industries, Inc., of Colorado, a Colorado corporation, General Partner ATTEST: • By: By. . l I Curtis R. Jen en, ecretary J Monroe III, President ATTEST: By: Thermo Carbonics, Inc., a Colorado corporation, General Partner By: By: (77 GU I lrldy C�� Curtis R Je n, S etary J Monroe III, President STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this4tt day of March, 1993, by James Monroe III as President of Thermo Fuels, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: /-.2o- 94/ . c` Notary Public GDKW3838151866.1 -4- - B 137E REC 02327266 04/01/93 16:32 $65.00 5/013 F 0550 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me thisu 12, day of March, 1993, by James Monroe III as President of Thermo Fuels, Inc., a Colorado corporation, Thermo Industries, Inc., of Colorado, a Colorado corporation, and Thermo Carbonics, Inc., a Colorado corporation, being all of the General Partners of Thermo Cogeneration Partnership, a Colorado general partnership. Witness my hand and official seal. My commission expires: /--26-941 x p1 Y`. 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