HomeMy WebLinkAbout993122.tiff 1111111 11111 1111 IIII IIII Inn III Hill IIII IIII
2723789 09/30/1999 02:32P Meld County CO
1 of 9 R 29.00 D 0.00 JR Sukl Tsukomoto
ASSIGNMENT AND BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS:
THIS ASSIGNMENT AND-BILL OF SALE is-made and-entered-into.this,27th.day of
September, 1999, but effective as of 7:00 a.m.,Mountain Time the 1st day of September, 1999
(the "Effective Time"), from Patina Oil & Gas Corporation and its wholly owned subsidiary,
SOCO Wittenberg Corporation, Delaware corporations; whose-addresses are-1625-Broadway,
Suite 2000, Denver Colorado 80202 (herein collectively called "Assignor"), to Rex Monahan,
whose address is 111% S. 3rd Street, P. O. Box 1231, Sterling, Colorado 80751 (herein called
"Assignee").
WHEREAS, Assignor owns certain interests in and to the oil and gas leases (the "Leases")
described in Exhibit"A"attached hereto and incorporated herein;and
WHEREAS, Assignor now desires to assign all of its right,title and interest in and to the
Leases to Assignee subject to the terms,conditions and limitations set forth herein.
NOW;THEREFORE;Assignor for and in-consideration-of the sum of One Hundred-Dollars-
($100.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, does hereby sell, assign, transfer and set over unto Assignee, its
successors and assigns,the following(the"Properties"):
(a) Wells and Leases: All of Assignor's right, title and interest in and to the
Leases and the oil and gas wells described or referred to in Exhibit"B"attached hereto and
made a part hereof(the"Wells")together with all of Assignor's rights,titles and interests in
and to all property,interests and rights incident or in any way relating thereto, including the
Leases, subject to the limitations expressed therein or which are useful or appropriate in
exploring for,developing,operating,producing,treating, storing,marketing and transporting
oil,gas and other minerals in,under and that may be produced from the Leases,including but
not limited to overriding royalty interests owned by Assignor that burden the Leases, and
contracts, agreements, rights-of-way, easements, licenses, permits and orders related to the
Leases and Wells;
(b) Equipment and Fixtures: All of Assignor's rights,titles and interests in and to
the Wells together with all other physical property,including but not limited to,the well and •
lease equipment and surface equipment such as connections, rods, pipelines, separators,
tanks, connections, pumps, machinery, materials and supplies, which are located upon the
lands covered by the Leases and/or used in connection with the Properties.
TO HAVE AND TO HOLD the same unto Assignee,its successors and assigns forever,subject,
however,to the following:
• 1. The interest assigned to Assignee is subject to its proportionate share of all
landowners royalties, overriding royalties, reservations, exceptions, limitations, contracts,
production payments and other burdens or instruments which are of record or of which Assignee
has actual notice.
2. Except as specifically provided below, this Assignment is made without.
representations or warranties of title,either express of implied.The conveyance of the Properties
from Assignor to Assignee shall be on an"AS IS,WHERE IS"basis with no warranties,express
or implied. ASSIGNOR HEREBY (a) EXPRESSLY DISCLAIMS AND NEGATES
WARRANTIES, WHETHER EXPRESS OR IMPLIED AT COMMON LAW, BY STATUTE,
OR OTHERWISE RELATING TO(i) TITLE TO THE PROPERTIES, (ii)THE CONDITION
OF- THAT PORTION OF THE PROPERTIES. DESCRIBED IN SUBSECTION (b)
(INCLUDING BUT NOT LIMITED TO ANY IMPLIED OR EXPRESSED WARRANTY OF
MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, OR OF
CONFORMITY TO MODELS OR SAMPLES OF MATERIALS),AND(iii)WITH RESPECT
TO THAT PORTION OF THE PROPERTIES DESCRIBED IN SUBSECTION (b),
1111111111111111111111111111111 III III IL!!TIE
2723785 09/30/1999 02:32P Weld County CO
2 of 5 R 25.00 D 0.00 JA Sukl Tsukamoto
ASSIGNOR NEGATES ANY RIGHTS OF ASSIGNEE UNDER STATUTES TO CLAIM
DIMINUTION OF CONSIDERATION AND ANY CLAIMS BY ASSIGNEE FOR DAMAGES
BECAUSE OF DEFECTS, WHETHER KNOWN OR UNKNOWN, IT BEING THE
INTENTION OF ASSIGNOR AND ASSIGNEE THAT THE PROPERTIES DESCRIBED IN
SUBSECTION (b) SHALL BE CONVEYED "AS IS, WHERE IS" IN THEIR PRESENT
CONDITION AND STATE OF REPAIR.
Notwithstanding the foregoing and to the contrary,Assignor specifically warrants and represents
that the Properties are free and clear of any liens, claims, mortgages and encumbrances created
by,through or under Assignor.
3. From and after the Effective Time,Assignee shall assume, be responsible for
and comply with all duties,obligations and liabilities arising on or after the Effective Time that
relate to the Properties under or by virtue of any lease,any other contract or agreement applicable
to any of the Properties or any applicable law, statute, rule, regulation or order of any
governmental authority (specifically including, without limitation, environmental matters and
any requirement to plug or abandon any well), and Assignee shall indemnify, defend and hold
Assignor and Assignor's officers, employees and agents harmless from and against any and all
losses, liabilities, damages, obligations, expenses(including but not limited to attorneys' fees),
fines,penalties,costs,claims,causes of action and judgments on account of Assignee's breach of
this paragraph or any of the other provisions of this Assignment or on account of the
environmental condition of the Properties arising after the Effective Time. Assignor shall
indemnify,defend and hold harmless Assignee,its directors,officers,employees and agents from
and against any and all losses, liabilities, damages, obligations, expenses (including but not
limited to attorneys' fees), fines, penalties, costs, claims, causes of action and judgments for
matters related to or arising prior to the Effective Time, including but not limited to the
environmental condition of the Properties prior to the Effective Time and matters related to joint
interest accounting,revenue distribution,payment of taxes and other accounting matters.
4. This Assignment is subject to all of the terms, conditions, provisions,
restrictions,reservations, limitations, and qualifications contained in the Leases and that certain I
Letter Agreement dated September 20, 1999(the"Letter Agreement"),by and between Assignor
and Assignee.
5. This Assignment shall be binding upon the parties hereto and their respective
successors and assigns forever.
IN WITNESS WHEREOF,this Assignment is effective as of the date ascribed above.
ASSIGNOR:
/MST: PATINA 761-c&GASIIIII/IIC ORA ON
t
i By: fe n.
ard tW.S le Terry L.Rub
'Assistant Secretary Vice President
ATTES
T: SOCO WAT�PI;`NBERCi O O TION
By: ��_ can
,1".. W. Terry L.Ruby
"a Assistant Secretary Vice President
i..
ASSIGNEE:-
Rex Monahan
Hill 11111111111111111111111111111111III 111111111 ill!2723789 09/30/1999 02:32P Mold County CO
3 of 5 R 29.00 D 0.00 JR Sukl 7aukamota
STATE OF COLORADO
)ss.
COUNTY OF,oq_c.M )
The foregoing instrument was acknowledged 2 before me this „ .p 7Xday.of September, 1999,
by Rex Monahan
Witness my hand and official seal. � n
Notary Pu:, i • . ,
•• .
My commission expires: 1;7
ail `• •'_
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111I2So.3alS1Ster114CO30731 _ ._:f. •
STATE OF COLORADO ) ,
CITY AND )ss. - •." '
COUNTY OF DENVER
The foregoing instrument was acknowledged before me this 27th day of September, 1999,by
Terry L. President,of Patina Oil&Gas Corporation,a Delaware corporation.
metes"
official seal.
t iit
,. • Notary Publi
My gsion expires' eb 9 2001
STATE OF ORADO ).
CITY AND )ss.
COUNTY OF DENVER
The foregoing instrument was acknowledged before me this 27th day of September, 1999,by
Terry L.Ruby,Vice President,of SOCO Wattenberg Corporation,a Delaware corporation.
Witness my hand and official seal.
SH.011Y AI b k
°"N O Notary Pub is
My rs3mile bruar 9 2001
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ISMER"IIII IIII 1111111111111 III IIIII IIII IIII
2723785 09/30/1989 02:32P Weld County CO
5 of 5 R 25.00 0 0.00 JR Sukl Teukaaota
Exhibit"B"
Attached to and made a part of that certain Assignment and
Bill of Sale effective September 1,1999,by and between
Patina Oil&Gas Corporation and Rex Monahan
Well Location Sec Twn Rge
Herbst 14-14 SESW 14 4N 64W
Ankeney 2-28 NWNE 28 6N 64W
Pfeiffer 10-26 NWSE 26 6N 64W
Gatewood3-1 NENW I 5N 65W
Gatewood 4-I NWNW 1 5N 65W
Gatewood6-I SENW 1 5N 65W
Gatewood I1-I NESW I 5N 65W
s:UendlcxrclMonehansept99assexb.Ids
I 09/21/1999
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