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HomeMy WebLinkAbout952620.tiff AR24bb49V GAS DIVISION ORDER TO: ASSOCIATED NATURAL GAS,INC. Lease No.2917 P.O. Box 5493 Denver, CO 80217 Date:November 1, 1995 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 in the proceeds derived from the sale of Gas produced and saved from the JIenninaton C#32-7 lease or unit, located in the County of Weld, State of Colorado more particularly described as follows: Township 4 North Range 64 West Section 32: NW/4 SE/4 Owner No. Credit To Division of Interest Decimal FOR DIVISION OF INTEREST SEE EXHIBIT"A"ATTACHED HERETO AND MADE OF PART HEREOF Effective at 8:00 A.M.date of first purchase and until further notice,you are hereby authorized to take or retain possession of all Gas from said property(ies) on and after the effective day and to give credit as set forth above for all proceeds derived from the sale of Gas from said propgrty(ies)subject to the conditions, covenants and directions set out below: FIRST:It is understood that the Gas produced from the above-described property(ies)is being sold under Uncertain Gas Purchase and Processing Agreement dated May 15,1990 between Freedom Energy Inc as"Seller"and Associated Natural Gas,Inc.as"Buyer",and that all terms and covenants contained therein, and in any amendments,extensions,or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include,but not be restricted to,the price to be paid for said Gas and the time when such payments are to be made. As used in this Division Order,the term"Gas"shall be deemed to include casinghead gas,gasoline and all other products which Associated Natural Gas,Inc.receives and/or recovers by processing from Gas produced from wells on said property(ies). ** Successor in interest to Snyder Oil Corporation 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 ATT r.T: (Enter Mailing Address) Social Security Number / 1 '�i. —�*, i BY:‘,...L .//. , Y�,', ttt /' ^ 84-6000813 Deput4C rr!frnc to'`th ; = 7, Dale K. Hall, Chair an /a/oy//95 I .a yr >4. .- Iv ✓t ;;%Addressld County Board of Commissioners �'-,-4.P' \\ PO Box 758 Greeley, CO 80632 Address Address 2466444 B-1521 P-240 12/06/95 01:36P PG 1 OF 3 REC DOC Weld County CO Clerk & Recorder 0.00 ORIG\ NAL Mt/ /9s� sslezo LFQ/S� SECOND: Payments are to be made monthly by checks of Associated Natural Gas, Inc.to be delivered or mailed to the parties thereto entitled at the addresses above given,provided that if the amount due any owner is less than Twenty- Five and 00/100 Dollars($25.00)per month,Associated Natural Gas, Inc., at its option, may defer the making of such payment until such time as the aggregate amount due exceeds said sum. The undersigned authorizes Associated Natural Gas,Inc.to withhold from the proceeds of any and all Gas referred to herein the amount of any tax placed thereon,or on the production thereof, including but not limited to any severance, production or occupation tax, by any governmental authority,local,state and/or federal,and to pay the same in our behalf with the proceeds so withheld. THIRD: In the event of any adverse claim of title or in the event title shall not be satisfactory to Associated Natural Gas,Inc.at any time during the term of this Division Order,each of the undersigned agrees to furnish complete abstracts of title and other evidence of title satisfactory to Associated Natural Gas, Inc.and authorizes Associated Natural Gas, Inc.to withhold payment,without obligation to pay interest on the amount so withheld,until satisfactory indemnity shall be furnished to Associated Natural Gas,Inc.against such adverse claims or any such defects in the title,or until title shall be made satisfactory to Associated Natural Gas, Inc. Each undersigned party, as to the interest of such party hereunder, respectively agrees, in the event suit is filed in any court affecting title to said Gas,either before or after severance, to indemnify and save harmless Associated Natural Gas, Inc. against any and all liability for loss, cost, damage,and expense which Associated Natural Gas,Inc.may suffer or incur on account of receiving and paying said party the proceeds derived from the sale of said Gas. Where Associated Natural Gas, Inc. pursuant to the provisions hereof,withholds payment,or any part thereof,each undersigned party from whom payment is withheld severally agrees to indemnify and hold Associated Natural Gas, Inc. harmless of and from all liability for any tax, together with all interest and penalties incident thereto, imposed or assessed against, or paid by it on account of the sum or sums so withheld from payment to said party,and deduct all such taxes,interest and penalties so paid it from any sums owing by it to said party. FOURTH: The undersigned severally agree to notify Associated Natural Gas, Inc. of any change of ownership,and no transfer of interest shall be binding upon Associated Natural Gas,Inc.until transfer order and the recorded instrument evidencing such transfer, or a certified copy thereof,shall be furnished to Associated Natural Gas, Inc. Transfer of interest shall be made effective 8:00 A.M.on the first day of the calendar month in which proper notice is received by Associated Natural Gas,Inc. Associated Natural Gas,Inc. is 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 as a result of the completion of discharge of money or other payments from said interests,and the signers hereof whose interests are affected by such money or other payments, if any, agree to give Associated Natural Gas, Inc. notice in writing by registered letter addressed to Associated Natural Gas, Inc., P.O. Box 5493,Denver,Colorado 80217,Attn: Division Order Department,when any such money or other payments have been completed or discharged,or when any division of interest other than that set forth above shall, for any reason, become effective and to furnish transfer order accordingly,and that in the event such notice shall not be received,Associated Natural Gas, Inc. shall be held harmless in the event of,and is hereby released from,any and all damage or loss which might arise out of any overpayment. FIFTH: If any, of the proceeds derived from the sale of Gas is subject to refund under any order, rule or regulation of the Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978,AssisMitibiNatural Gas,Inc.may hold without interest the portion of the proceeds subject to refund unless indemnity satisfactory to Associated Natural Gas,Inc.has been furnished,or until Associated Natural Gas, Inc's.refund obligation has been finally determined. If any portion of the proceeds derived from the sale of Gas is paid over by Associated Natural Gas,Inc.under any order,rule or regulation of the Federal Energy Regulatory Commission or the provisions of the Natural Gas Act or Natural Gas Policy Act of 1978,Associated Natural Gas, Inc. is authorized to recover the amount of the refund applicable to the interest of each of the undersigned from future payments, or at Associated Natural Gas, Inc's. election, it may therefore invoice the undersigned, plus the legal rate of interest Associated Natural Gas, Inc. is or may be required to pay in connection with the undersigned's portion of the refund. SIXTH: This Division Order shall become valid and binding upon each and every owner above named upon execution hereof by such owner regardless of whether or not any of the other above-named owners have so signed. If the provisions of this Division Order are in conflict with the provisions with any oil and gas lease covering the above described property(ies), the provisions of this Division Order shall prevail. Each undersigned owner ratifies and confirms his oil and gas lease as being in full force and effect as of the date hereof. 2466444 B-1521 P-240 12/06/95 01:36P PG 2 OF 3 Exhibit A HENNINGTON C 32-7 Decimal Inflated Owner no . Credit to Type Interest Interest 107949 NEIL D . SCHWED RI 0 . 01091620 95787 FREDERICK DEAN BAUER RI 0 . 00935670 16225_1 J G DYER AND JUNE M DYER, TTES RI 0 . 02183230 THE DYER TRUST, APRIL , 1989 22031 WELD COUNTY BOARD RI 0 . 00001510 COMMISSIONERS 15414 HAROLD WALTER BAUER RI 0 . 00935670 15416 ESTHER BRUNTZ RI 0 . 00935670 23448 1 COLORADO NATIONAL BANK OF RI 0 . 02183230 DENVER AND PHYLLIS WARNICK, 19384_1 HAZEL MCKENNEY TRUST RI 0 . 01871340 62455_1 PLUSS TURKEY FARM, A COLORADO RI 0 . 018987.80 GENERAL PARTNERSHIP 15423 BERTHA RUSCH LOUNDER RI 0 . 00935670 108030 MARGARET ALICE SMITH RI 0 . 00467840 108036 MARJORIE A. SCHWED, TRUSTEE OF RI 0 . 01091620 WALTER E . SCHWED TRUST OF 1981 108089 SUSAN MACKAY SMITH RI 0 . 00467840 53748_2 FREEDOM ENERGY, INC . OI 0 . 06002000 C/O CENTRAL BANK NATL. ASSOC. 33598 DAVID M HEDGES OI 0 . 00999580 10256 PAUL E MENDELL OI 0 . 01999150 10270_1 CHARLES R. RAYMAN OI 0 . 00999580 999 BALANCING INTEREST BAL 0 . 00000000 53748_2 FREEDOM ENERGY, INC. WI 0 . 75000000 C/O CENTRAL BANK NATL. ASSOC. PAGE : 1 2466444 8-1521 P-240 12/06/95 01:36P PG 3 OF 3 Hello