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HomeMy WebLinkAbout961563.tiff OIL DIVISION ORDER TO: PanEnergy Transport& Trading Company Lease No. 53010 (fka Associated Transport&Trading Company) P.O. Box 5493 Denver, CO 80217 Date:June 28, 1996 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 Bernhardt 13-6ease, located in Weld County,State of Colorado,described as follows: Townshio 4 North.Ranee 66 West Section 6: W/2SW/4 Effective at 8:00 A.M.June 1,1996 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 therefor as follows: Owner No. Credit To Division of Interest Decimal FOR DIVISION OF INTEREST SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF 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. Signatures of Witnesses - %' Owners Sign Below Taxpayer I.D.Number or AT T: Elter Mailing Address) Social Security Number /ge � ' ( 1 84-6000813 Clerk to the Board '�nt'.� w _ J. Kir . eyer, C!it -,O / ;e C. .. ty Board of Commissioners BY: �_ #1 �l _ �,� f�� \ . , )to Box 758 Depty Clej to the Bo 1� �� Greeley, CO 80632 • Address 2500736 B-1556 P-162 07/12/96 03:26P PG 1 OF 4 REC D0C Weld County CO J.A. Suki Tsukamoto Clerk & Recorder 0.00 LJS - LE0022 961563 b7/iG/q( 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 f.o.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's 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. 2500736 B-1556 P-162 07/12/96 03:26P PG 2 OF 4 Exhibit A 53010 BERNHARDT 13-6 Decimal Inflated Owner no. Credit to Type Interest Interest 130708 REUBEN BERNHARDT AND RI 0 . 01702860 _ HESTER P BERNHARDT 53591 JACOB BERNHARDT AND RI 0 . 01637890 _ LYDIA BERNHARDT 2769 ALBERT BERNHARDT RI 0 . 00409473 2770 MELVIN BERNHARDT RI 0 .00409472 22031 WELD COUNTY BOARD OF - - RI 0 .00194450 COMMISSIONERS 2768 HELEN BUSCH RI 0 . 00409473 31035 ESTHER P BERNHARDT RI 0 . 01637890 93918 LARRY L SCHUPBACH RI 0 . 00691580 43238 MARGARET BERNHARDT RI 0 . 01637890 2771 MARIAN FORBES RI 0 . 00409472 43289 MARIE JOHNSON AND RI 0 . 01637900 VICTOR JOHNSON 11172 PUBLIC SERVICE CO OF COLORADO RI 0 .00611840 ATTN: LEE GUSTAVSON 49493 RUTH A SITZMAN RI 0 . 00818950 49492 WILMA J FOOSE RI 0 .00818950 10031 AMOCO PRODUCTION COMPANY OI 0 .01146530 32336 CONQUEST OIL COMPANY 02 0 .04476980 18702 KAMAL C JAIN OI 0 .00158280 8873 PARDEE EXPLORATION COMPANY OI 0 .01266220 37681 ESTATE OF R H VENABLE OI 0 .01266220 _ ROBERT A VENABLE IND EXEC & 25451 ROBERTO T ALANIZ 02 0 .00031660 43220 ROBIN M RICHARDSON OI 0 .00412980 PAGE: 2 2500736 8-1556 P-162 07/12/96 03:26P PG 3 OF 4 Exhibit A 53010 BERNHARDT 13-6 Decimal Inflated Owner no. Credit to Type Interest Interest 15384 S DUFF KERR OI 0 . 00284900 56443 SOCO WATTENBERG CORPORATION OI 0 . 01187080 ATTN MARGARET HOUTZ 3767 HORNET RESOURCES CORPORATION OI 0 . 00474840 FORMERLY SULPHUR RIVER EXPL. 15405 WILCO PROPERTIES INC 02 0 . 01266220 30402 ALARADO RESOURCES LIMITED WI 0 .37500000 31976 DAN L SCHWARTZ WI 0 . 18750000 28979_1 DAVID M BLANDFORD AND WI 0 . 18750000 JANE WH BLANDFORD 2500736 B-1556 P-162 07/12/96 03:26P PG 4 OF 4 7/1/99 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 Attorneys staff as to form, legal description, and percentage of royalties, if applicable. BY: oun rney / DATE: L' Hello