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Home My WebLink About980399.tiff 7750 OIL DIVISION ORDER TO: DUKE ENERGY TRANSPORT & TRADING COMPANY Lease No. 53193 &53194 (11:a 1'anEnergy t rinsport&llading Company) PO Box 5493 Denver, CO 80217 Date: January 26, 1998 The undersigned,and each of us, guarantee and warrant that we are the legal owners of our respective interest, in the proportions hereinafter stated, in all oil,condensate and/or other hydrocarbons produced and saved from the North Sooner Battery &South Sooner Battery lease, located in Weld County, State of Colorado,described as follows: Township 8 North, Range 58 West Section 16: 5/2 SW/4,SW/4 SE/4 Section 17: SE/4 Section 20; E.2 NE/4 Section 21: All Section 28: E/2 W/2,NE/4,N/2 SE/4,SW/4 SE/4 Effective at 8:00 A.M. February I, 1998 and until further written notice,you are authorized to receive all such oil production,for your own purchase or for resale,to receive payment therefore,to give credit for all proceeds derived therefrom and pay therefore as follows: Owner No. Credit To Decimal Interest For division of interest,see Exhibit "A" attached hereto and made a part hereof (Due to the large number of owners, only the page(s) describing your interest is attached) All covenants appearing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and considered an essential part of this division order in like manner and with the same effect as if printed above our signatures. The undersigned expressly waive any claim against you for any and all amounts which may be due us from others for production prior to the effective date hereof. Si+ attires aa:'t• ses Owners Sign Below Taxpayer II) Number or 1 i', ' A♦ (E'ater Mailing Address) Social Security Number ATTE. y � ►,LL.,�a✓/ rJ > f'�%'�,. ' (-a�s/I� G.�C 84-6000813 r • '`_,�-.'rl�:o•rd C0NSTANCE L. 1ARBERT, CHAIR t"st `,t\r dress WELD COUNTY BOARD. OF COMMISSIONERS (970)356-4000 EXT.4225 1"1> �� TELEI'IIONE(Optional) BY: ,;..�i�`::• F5 PO BOX 758 r ' 1 T VIC GREELEY, CO 80632 lJ ! Address TELLPI IONE(Optional) • Address TELEPHONE(Optional) esf 980399 1111111 11111 111111 III! IIII 11111111 IIIII III VIII IIII IIII ',540o// 2593750 02/11/1998 11:31A Wald County CO 1 of 3 R 0.00 D 0.00 JA Suki Tsukamoto r The following covenants are also part of this division order and shall be binding upon the above signed and upon his or her successors, legal representatives and assigns. FIRST: The word "oil" as used herein is hereby declared to include, but is not limited to,condensate and all marketable liquid hydrocarbons produced and saved hereunder. All oil received and purchased hereunder shall be merchantable oil and shall become your property as soon as the same is received into your custody or that of any carrier designated by you. You are not expected to receive oil in definite quantities,nor for fixed periods, nor to provide storage. SECOND: The oil received and purchased hereunder shall be delivered fo.b.to any carrier designated by you which gathers and receives said oil,and you agree to pay for such oil to the above signed according to the division of interests herein specified at the price agreed upon between you and the lease operator. THIRD: Quantities of oil purchased hereunder shall be determined by the method of measurement and computation employed by you or the Agent designated by you to receive such oil including but not by way of limitation, the gauging of storage tanks using regularly compiled tank tables,the use of certified truck gauges,and the use of meters or any other reasonably accurate method of measurement and computation. You shall correct the volume and gravity to a temperature of 60°Fahrenheit and you shall deduct from such corrected volume the full percentages of basic sediment,water and other impurities as shown by your test. You may refuse to receive any oil not considered merchantable to you. FOURTH: Payments shall be made monthly for oil received and purchased during the proceeding month,by your checks delivered or mailed to the above signed at the address above stated,provided that if, at any time,the monthly payment due the above signed shall be less than twenty-five dollars($25.00),you may defer such payment,without interest,until the amount payable to the above signed equals or exceeds the sum of twenty-five dollars($25.00), in which event,payment shall be made at the next regular settlement date. You are hereby authorized to withhold from the proceeds of any and all runs made hereunder the above signed proportionate share of any tax levied and assessed by any governmental authority on the oil received and purchased hereunder and to pay the same. FIFTH: The above signed agrees to furnish evidence of title satisfactory to you. Until such evidence is furnished or in the event of any adverse claim,oil related lien or dispute at any time concerning title in the above described real property or the oil produced therefrom,you may withhold payment for oil accruing to the interest or interests affected thereby until you are indemnified to your satisfaction or until such adverse claim, lien or dispute shall have been fully settled,without liability for interest in either case. If suit is filed affecting the interest of the above signed,written notice thereof shall be given you,at the above address by the above signed,together with a certified copy of the complaint or petition filed. If you are made a party to such proceedings,the above signed agrees to indemnify you against any judgment rendered therein and to reimburse you for any costs, attorney's fees or other expenses incurred in connection therewith. SIXTH: You will not be responsible for any change of ownership in the absence of actual notice and satisfactory proof thereof Each signer agrees to notify you in writing of any change in their ownership and agrees that any transfer, assignment,or conveyance of any of his or her interest,however accomplished,shall be made subject to the division order and effective at 8:00 A.M.on the first day of the calendar month following the receipt of said notice by you. In the event said written notice is not received by you,you shall be held harmless for error resulting in over or underpayment,or wrong payment of any such sum or sums. Should adjustments be necessary you shall have rights to set off any and all individual or joint liabilities the above signed has with you, including but not limited to proceeds from this and other lease interests owned by the above signed. SEVENTH: If the above signed is a working interest owner and/or operator,we guarantee and warrant that all oil tendered hereunder has been or will be produced and delivered in compliance with all applicable federal,state and local laws,orders, rules and regulations. EIGHTH: This order shall bind each interest owner as soon as signed by them,whether or not signed by any other owner. All provisions herein contained shall apply to each signer hereof separately and not jointly. This order may be executed in counterparts,all of which together shall constitute one division order. No termination of this order shall be effective without giving thirty(30)days' prior written notice. In consideration of the purchase of oil hereunder,consent is given you and any pipeline company which you may cause to connect with the wells and tanks on said land,to disconnect and remove such pipelines, in case of termination by either you or the above signed of purchases under this division order. HBO 11111 01111 IIII IIII IIIIIIII 11111 III 11111 IIII IIII 2593750 02/11/1998 11;31A Wald County CO 2 of 3 R 0.00 D 0.00 JA Suitt Tsukamoto Exhibit A Decimal Inflated Owner no. Credit to Type Interest Interest 78794 ALBERT REES RI 0 . 00019390 78791 ALICE RECCHIO RI 0 . 00000480 78795 ALVIN REES RI 0 . 00019390 77572 ANDREW BRIGHT RI 0 .00000480 141198 ANTOINETTE M MCDONALD RI 0 . 00013650 77888 ARNOLD FISCUS RI 0 . 00245600 78038 ARTHUR BEN GUERRERO I RI 0 . 00004290 79222 AUDREY WHITE RI 0 . 00011310 79025_1 BARBARA ANN STALDER RI 0 . 00006820 77904 BARBARA D FLOR RI 0 . 00033930 78040_1 BARBARA GUERRERO RI 0 . 00004300 77889 BERNICE FISCUS RI 0 . 00245600 77887 BERTHA L FISCUS RI 0 . 00002010 77555_1 BETTY G BOYD RI 0 . 00228760 ACH PAYMENT NORWEST 78391_1 BETTY JO LEWIS RI 0 . 00006820 78400 1 BETTY S LINDSEY RI 0 . 00003770 141200 BLAINE L WALKER RI 0 . 00024560 22031 WELD COUNTY BOARD OF RI 0 .00106400 COMMISSIONERS ' 78307 BONNIE KIRSCHBAUM RI 0 .00245600 77688_1 BOOKEY COLEMAN & RI 0 . 00006820 ODIS COLEMAN 77902 1 BRENDA FLEMING RI 0 . 00000480 59425 MARK T BROWN RI 0 .00002870 PAGE: 1 11111111111111111011 IIII 11111111111111111111 IIII mm 2593750 02/11/1998 11:311 Weld County CO 3 of 3 R 0.00 D 0.00 JR Sukl Tsuksmoto COUNTY ATTORNEY STAFF APPROVAL This is to affirm the attached Division Order or Authorization to Receive Payment for an Oil and Gas Well has been reviewed by the County Attorney's staff as to form, legal description, and percentage of royalties, if applicable. BY: C unty torney DATE: XI 7 Hello