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RESOLUTION
RE: APPROVE DIVISION ORDER FROM TOTAL PETROLEUM, INC. , AND AUTHORIZE CHAIRMAN
TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, Weld County, Colorado, has received a Division Order from Total
Petroleum, Inc. , and
o U WHEREAS, said Division Order covers land more particularly described as
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follows:
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A Township 1 North, Range 65 West
4 Section 2: SW/4 NW/4
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3 Weld County, Colorado
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a WHEREAS, Weld County is entitled to a one-eighth royalty interest on
Uproduction, and
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° WHEREAS, in order to receive said royalty interest, Weld County must
o execute said Division Order, a copy of which is attached hereto and incorporated
�7 herein by reference, and
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Cr) Z WHEREAS, said Division Order has been reviewed by a member of the Weld
w County Attorney's staff and found to be in order, and
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O1 WHEREAS, the Board deems it advisable to approve said Division Order on the
o W parcel of land described herein.
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o NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
UW a County, Colorado, that the Division Order as submitted by Total Petroleum, Inc,
w 515 Central Park Drive, Suite 200, Oklahoma City, OK 73105-1702, on the
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hereinabove described parcel of land be, and hereby is, approved.
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BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
°a W authorized to sign said Division Order.
910356
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RE: DIVISION ORDER - 52, T1N, R65W
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the followw4‘da4417g
invote
on the 24th day of April, A.D. , 1991.
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNT LORADO
Weld County Clerk to the Board
Gord n , a , airman
By: EXCUSED DAT OF SIGNING
D2puty 1 rk to the Boa George Kennedy, Pro-Tem
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o U } Constance L. Harbert
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910356
Lease Number 61473
T0: Total Petroleum, Inc. DIVISION ORDER
515 Central Park Drive
Oklahoma City, OK 73105
April 15 991
The undersigned and each of us, certify and guarantee that we are the legal owners of and hereby warrant the title to our respective
interests as set out below in all oil produced from all wells on the
NAACO _ HUDSON #1 farm or lease, located in
Weld count state of Colorado
Y. , more particularly described as follows:
SW/4 NW/4 of Section 2-1N-65W.
Effective 7 a.m., 1st day of March , 1991 ,and until further notice,you are hereby authorized to receive,
purchase and give credit for all oil received from said property subject to the conditions, covenants and directions following:
CREDIT TO DIVISION OF INTEREST
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U See Exhibit "A" Attached for Division of Interest.
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ON O FIRST:The oil purchased in pursuance of this Division Order shall be merchantable and become your property upon delivery thereof to you or to any pipe line designated by you.Quantities of oil run
\ and purchased hereunder.shall be computed in terms of 12 U.S.gallons per barrel from regularly compiled tank tables showing the full capacity of the tanks.Corrections for temperature and deductions for
M Z dirt,sediment and other impurities are to be made in accordance with your rules,regulations and customs in effect at the time and place of delivery.The ail shall be steamed or treated when necessary to
O H render it merchantable.
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kn E-I SECOND:The oil received in pursuance of the Division Order shall be paid for to the party or parties entitled thereto according to division of interests shown above at the price for each day's receipts
O to posted and upon the basis therein indicated on that day by you for the same kind and quality of oil in the field in which it is received.If it is necessary to transport crude oil hereunder by truck,then,in that
C4 event,you are authorized to deduct from such price the trucking charges,together with Federal Transportation Tax thereon.Should the oil he sold by you to another purchaser accepting delivery thereof at
lit the lease tanks,settlement thereof shall he based upon the price received by you for.such oil and upon the volume computation made by such purchaser.Payments shall be made monthly for ail received and
01 „7 purchased during the preceding month by your checks delivered of mailed to the respective parties at the addresses.stated.However,it is agreed,if the amount payable to any of the undersigned is less than
O W the statutory minimum sum during any month,you may withhold payment thereof,without interest,and in lieu of monthly settlement,make payment at such time as a statutory minimum sum has
O fie accumulated to the credit of the undersigned;provided,however.that settlement shall be made at least once during each calendaryear,regardless of the amount which has statutory accumulated to the credit
01 of the undersigned.Pipe line grades and measurements are to govern and control in all settlements..subject to the provisions of price postings above referred to concerning computation of quantities.The
Cr ,'may undersigned authorize you to withhold from the proceeds of any and all runs made hereunder the amount of any tax placed thereon.or on the production thereof.by any governmental authority,and to pay
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O THIRD:In case of any question,controversy or adverse claim of title which in your opinion adversely affects tide to any interest credited hereunder,or in ease tide shall not be satisfactory to you at any
s>1 time during the term of this division order.each of the undersigned agrees to furnish complete abstract of title and other evidence of title satisfactory to you and authorizes you to retain the purchase price of
O E4 the oil without obligation to pay interest on the amount so withheld,until Lsatisfactory indemnity shall be furnished you against such question controversy adverse claim or any such defects in title,or until
W any question,controversy,adverse claim or defect to owners'title is settled to your satisfaction.In the event suit is filed in any court affecting title to oil purchased hereunder.either before or fter severance.
CC the undersigned agree to indemnify and save you harmless from any and all costs in connection with.such action,including attorneys fees:and further the undersigned agree to indemnify and save you
harmless and any carrier transporting said oil for your account against any and all liability for loss,cost.damage and expense,including attorneys fees,which you or the carrier may suffer or incur on
r- M account of receiving,transporting and paying us for said oil.
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N 01 FOURTH:The undersigned severally agree to notify you of any change of ownership and no transfer of interest shall be binding upon you until transfer order and the recorded instrument esidencmg
r-I N such transfer,or a certified copy thereof,shall be furnished you.Transfers of interest shall be made effective on the first day of the calendar month in which notice is received by you.You are hereby relieved
of any responsibility for determining if and when any of the interests hereinabove set forth shall or should revert to or be owned by other parties either as a result of the completion or discharge of money or
fate other payments from said interests,or otherwise;and the signers hereof whose interests are affected by.such money or other payments,if any,or by the reversion or change of an interest for any other reason.
agree to give you notice in writing by registered letter addressed to you at Oklahoma City,Oklahoma,when any such money or other payments have been completed or discharged or when any other dis lsion
of interest than that set fonh 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.The undersigned hereby further agrees to reimburse you for all amounts incorrectly paid to the
undersigned for the above-described property.
FIFTH:Working Interest owners and/or Operators who sign this Division Order,and each of them,guarantee and warrant for your benefit and that of any pipeline or other carrier designated by you to
run or transport said oil,that all oil tendered hereunder has been and/or will be produced in accordance with applicable laws and/or official rules and regulations.
SIXTH:This Division Order shall become valid and binding on each and every owner above named as soon as.signed by such owner,regardless of whether or not all of the above named owners has<so
signed and shall likewise be binding upon the heirs,personal representatives,successors and assigns of the parties hereto,and the undersigned hereby agree to all the terms and conditions of the Do Lion
Order now in effect and force.
SEVENTH:You are authorized and directed to deduct operating expenses as furnished by the lease operator from the undersigned's interest Of same is a participating o pooled workinginterest).as Yet
out herein.in the oil produced and saved from the above described lands and remit same to the lease operator.The undersigned will look to the lea.se operator for detailed statements f all charge:and credit,
of operating expenses at such interval;as agreed upon by the otsratm-and the undersigned working interest owner.
SIGN TURE OF WITNESSES SIGNATURE OF OWNERS SOCIAL SECURITY
OR
TAXPAYER NUMBER
ATTEST:
WEED.� K UNTY CLE�t ,TO BOARD GORDON E. LAC CHAIRMAN 84-6000813
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BY: WELD COUNTY BOARD OF COMMISSIONERS
DEPUTY CLERK TO BOARD ADDRESS: P.O. BOX 758 TELEPHONE:
GREELEY, CO 80632 (303) 356-4000
IMPORTANT:To avoid delay in payment or tax penalties according to law,you must please show your correct address and your social security number or
tax identification number. Individual signatures must be witnessed by two disinterested persons.
101-018 R5/90 QPC°. ^1..0356
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EXHIBIT A
LEASE NUMBER 61473-0
1991 -04-08
INTEREST
OWNER NAME AND ADDRESS DECIMAL INTEREST TYPE
KATHERN HARRIETT BOWERS A/K/A 0.00459830 RI K. H_ BOWERS
2508 MT. SOPRIS DRIVE
GRAND JUNCTION C081503
O WILMA HARDIMAN 0.00642850 RI -
a U 3628 SOUTH FORT
SPRINGFIELD MO65807
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Q JERRY M. IRELAND 0.00020570 RI
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0 3 220 COURTNEY LANE
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ORINDA CA94563
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O W. THOMAS IRELAND 0.00020580 RI -
W 700 CHIQUITA AVENUE #13
�' e4 MOUNTAIN VIEW CA94041
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a MARGARET FERN KENT 0.00642850 RI
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a 639 JESSUP, APT. C
°�` U BRIGHTON C080601
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o m RON MAYNARD 0.01838900 RI -
W 12600 E 114TH AVENUE
o, n HENDERSON CO80604
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y Z JOHN L MCGILL 0.01285710 RI -
0 22461 I-76 ACCESS ROAD
HUDSON CO80642
O1 PHILLIPS PETROLEUM COMPANY 0.00060550 RI
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N rn P 0 BOX 160
ST. LOUIS MO631500160
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VITHA CRYSTAL REYNOLDS 0.00459820 RI -
16636 NORTH 58TH, #1083
SCOTTSDALE AZ85254
ALICE THELMA SPAYD 0.00459820 RI -
230 S 22ND AVENUE
BRIGHTON COBOb01
ARIIE MARIE SWAN 0.00459830 RI -
2508 MT SOPRIS DRIVE
GRAND JUNCTION CO81503
MAXINE U WARREN, LIFE TENANT 0.00164600 RI -
2405 W 18TH STREET
GREELEY CO80631
ROBERT G WARREN 0.00041150 RI
1140 SUMNER STREET
LONGMONT C090501
WELD COUNTY BOARD OF 0.05942530 RI -
COMMISSIONERS 91C3J6
EXHIBIT A
LEASE NUMBER 61473-0
1991-04-08
INTEREST
OWNER NAME AND ADDRESS DECIMAL INTEREST TYPE
915 10TH ST. -
GREELEY CO80631
o U RICHARD N. DODGE AND 0.00176420 ORI -
o CONSTANCE J.N. DODGE, JT
in 8674 E. MINERAL CIRCLE
U ENGLEWOOD, CO80112
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0 S DOUBLE EAGLE 0.02971260 ORI -
a % PETROLEUM AND MINING COMPANY
CrIq BOX 766
CASPER WY82602
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`? ADAMS DEVLOPMENT COMPANY 0.23531000 WI -
o C/0 G R SHIARELLA
a 10 EAST END AVENUE, SUITE 1-K
a NEW YORK NY10021
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CI W COMMODORE DEVELOPMENT COMPANY 0.03425000 WI -
�n E� C/0 G R SHIARELLA
o a 10 EAST END AVENUE, SUITE 1-K
a NEW YORK NY10021
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a zz NARCO 0.56352730 WI -
oRC 16 EAST GRANITE
>, BUTTE MT59701
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n NUECES DEVELOPMENT COMPANY 0.01044000 WI("1 C/0 G R SHIARELLA
CSI ON
1-I 10 EAST END AVENUE, SUITE 1-K
co w NEW YORK NY10021
91.3355
TOTAL
Total Petroleum,Inc.
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SUITE 200 515 CENTRAL PARK DRIVE OKLAHOMA CITV. OKLAHOMA'72i05t17Q2 'y '''TELEPHONE 405 525-8100
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INSTRUCTIONS TO ALL INTEREST OWNERS
REFERENCE: Well Name: Hudson #1
Lease Number: 61473
Former First Purchaser: Tower Energy Corporation
Effective Date: March 1, 1991
(Read carefully before signing the enclosed instrument.)
Your check for oil (or condensate) production from the above referenced well will
now be issued to you by Total Petroleum, Inc. If you were in a "pay" status with
the former purchaser, you will remain in a "pay" status with Total Petroleum, Inc.
for a 30 day grace period, to allow you time to execute and return the enclosed
division order. At the end of 30 days, if your signed division order is not
received, your interest will be placed in suspense. If you were in suspense with
the former purchaser, you will remain in suspense with Total. We are anxious to
open your account for payment and will work with you to do so.
Sign your name as shown on the enclosed document. Please type or print your name
below your signature together with your current address and social security number
or taxpayer identification number. Have your signature witnessed by two people,
not related to the party signing.
If signing for a partnership, ALL of the partners must sign, unless a specific
partner has been given signatory rights. A copy of his authority must be
furnished.
If signing for a corporation, instrument must be executed by the president or
vice-president. The signature MUST be attested, corporate seal affixed and title
of the signatory party shown.
If the enclosed instrument is signed by an Agent, Guardian, Attorney-In-Fact,
Estate Representative, Trustee, or any party other than the named interest owner,
evidence of the executory rights of the signatory party must be attached.
Please provide your social security or taxpayer identification number. Failure to
furnish this number will result in a 20% backup withholding tax in accordance with
federal income tax law and may subject to you a $50.00 penalty by the I.R.S.
Indicate in the space provided the proper check mailing address. PRINT OR TYPE.
If you are already receiving checks from this company, please be certain to use
the same address to which we are now mailing checks.
The lease number that appears on the enclosed instrument will appear on the detail
attached to your check and should ALWAYS be used when corresponding with this
company.
You should notify us PROMPTLY of any change in your mailing address. This notice
must be over your own signature, or the signature of your appointed agent . Always
include your owner number (which appears on your check from this company) and your
old address . Then state your new address with ZIP CODE.
If the work "suspense" or "requirement" appears next to your interest on the
Division Order, you should contact the Operator and take whatever steps are
necessary to clear the title problems so the interest can be released for payment.
No check will be issued by Total Petroleum, Inc. unless $25.00 or more is accrued
for a particular owner number, except in December when checks will be issued
regardless of amount.
PLEASE USE THE ENCLOSED, SELF-ADDRESSED ENVELOPE AND RETURN THE EXECUTED AND
COMPLETED INSTRUMENTS, WITHOUT DELAY, TO THE ADDRESS ABOVE. RETAIN THE EXTRA COPY
FOR YOUR RECORDS.
Sincerely,
Carolyn Frosco
Division Order Analyst
(405) 557-7037
910356
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