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OIL AND GAS DIVISION ORDER
Date : November 17 , 1995
Lease No . : 05033631
Lease Name : Schank ## 2 , ( RA )
Effective Date : February 1 , 1995
To : Gerrity Oil & Gas Corporation
4100 E . Mississippi Ave . , # 1200
Denver , CO 80222
Each of the undersigned , individually , for themselves , their heirs , successors , and assigns , hereby
represents , warrants , and guarantees to Gerrity Oil & Gas Corporation ( hereinafter referred to as the
" Company " ) , its successors and assigns , that the undersigned is the legal owner of the decimal interest , as set
forth below opposite each undersigned ' s name , in the proceeds from all oil , condensates , and natural gas which
may be produced from or ailocated to the following - described area or well located in the County of Weld , State
of Colorado , and more particularly described as follows :
Township 5 North , Range 66 West
Section 35 : S 'h N W Y.
Commencing on the effective date hereof , the Company is hereby granted and authorized to take and
receive all oil , condensates , and natural gas which may be thereafter produced from the above - described area or
well and , subject to the other terms and conditions hereof , to give credit therefor to the undersigned in
accordance with the division of interest schedule as follows :
Credit To Address Decimal Interest
For Division of Interest see Exhibit " A " attached hereto and made a part hereof
Additionally , in consideration of the wells drilled or to be drilled on the above - described lands and the
payment to the undersigned of royalties on production from said wells , the undersigned agree , grant , and
represent to and with the Company as follows :
1 . Oil ( including crude oil and condensate ) shall become the property of the purchaser thereof
upon its delivery to the purchaser or to the purchaser ' s agent or carrier , and payments hereunder shall be based
upon the net price received therefor from the purchaser . Oil shall be graded and measured in accordance with
applicable rules , regulations , or standards generally accepted in the industry . In the event that the Company is
the purchaser of such oil , settlements therefor shall be based upon the Company ' s posted price for similar oil in
the field where produced and in effect on the date of delivery , or if no posted price is then in effect , settlements
shall be based upon the then prevailing market price on the date of delivery thereof in the field where produced .
If the oil is purchased by the Company and resold to another purchaser accepting delivery thereof on the
premises , settlements hereunder shall be based on the net price received therefor by the Company . The
Company may deduct from any price received for the oil the reasonable costs of transporting and / or treating the
same if incurred .
2 . Natural gas , including casinghead gas if marketed with gas well gas , shall be delivered and sold
to and become the property of the pipeline company to whom the gas is agreed to be sold by the Company .
Settlements to the undersigned shall be based upon the terms , conditions , and prices for said gas as agreed to
with the pipeline company less any costs of treatment , compression , transmission , or dehydration thereof which
are paid by the Company .
3 . Oil and natural gas produced and sold from the premises is or may become subject to orders of
certain regulatory authorities who could vary the terms of any agreement for the production or sale thereof . To
the extent that such orders do modify or change current sales or production arrangements , the provisions
thereof , as well as the provisions hereof , shall be so modified accordingly .
4 . Settlements hereunder for oil and gas shall be made monthly by the Company mailing or
delivering its check to the undersigned at the address indicated in an amount , less taxes required to be withheld ,
calculated in accordance with the schedule of interest as herein contained . Settlements shall be mailed no later
than the 25th day of each month for oil and / or gas taken or so : d during the second preceding calendar month . If
at any settlement date the amount payable to any of the undersigned shall be less than Twenty - five Dollars
( $ 25 ) , the Company may defer such payment and make payment when such settlement amount has
accumulated to Twenty - five Dollars ( $ 25 ) but , in any event , not less than annual intervals .
5 . The undersigned individually warrant that they are the owner of their respective interest as
herein set forth and that in the event of an adverse claim made thereto or in the event ownership of the
undersigned ' s interest is not substantiated by record examination , the Company may retain any and all
settlements due therefor , without interest , until such claim or ownership of the interest is settled , fully
adjudicated or otherwise determined , or until the Company is adequately indemnified therefor by the parties
claiming such interest . The Company may , at any time , require the undersigned to furnish proof of its title to its
interest , including abstracts of title or other pertinent records or documents . LEDDOJ ti
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�-' t { ► Lf - weld County CO Clerk & Recorder 0 . 00
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6. The undersigned shall notify the Company of any change in the ownership of their interest, and
the Company shall not be liable for, nor shall it be required to recognize, any change in ownership unless and
until the Company shall actually receive a certified copy of the instrument changing such interest and the
transferee thereof executes and returns to the Company such transfer order or amended division order as the
Company may reasonably require. In no event shall the Company be required to give effect to any change of
interest of the undersigned prior to the first day of the calendar month next following the month in which the
Company is notified of such change, regardless of the effective date of the instrument transferring the same.
7. The undersigned hereby represent, grant to, and agree with the Company that the interest of
the undersigned and of the Company in and to the oil and gas which has or which may be produced from the
premises is in full force and effect and that all payments required to be made and all acts required to be done by
the Company with respect thereto have been performed. The undersigned hereby releases the Company from
any and all claims and damages arising from the purchase and handling of oil or gas from the premises and for
making any payments for settlements so long as the same are made in accordance with the terms of the
division of interest schedule set forth on Exhibit "A."
8. In the event that the area or well described above, or any part thereof, is included in one or
more pooled or unitized units now or hereafter formed by order of any appropriate governmental authority by
agreement or otherwise, the undersigned and the Company recognize and agree that settlement for oil and gas
shall be made in accordance with the production allocated to the premises above described without the
necessity for the execution of additional or supplemental division orders. To the extent that the premises as
described above constitute a previously pooled or unitized area, the same is hereby ratified.
9. The provisions hereof shall be binding upon and inure to the benefit of the Company and the
undersigned, their respective heirs, successors, administrators, and assigns. No change in the ownership of any
interest herein described shall have the effect of changing the binding nature hereof. This instrument may be
executed in counterparts with each counterpart considered to be a binding agreement of the signatories thereto;
and all counterparts, as executed, shall be considered to be one instrument.
10. Should it be determined from time to time by the courts, any governmental agency having
jurisdiction, or the Company and the purchaser of production, that the prices or allowances, if any, being paid to
the Company and the amounts being disbursed to the undersigned are in excess of lawful prices or prices agreed
to with the oil or gas purchaser, and a refund is then required, you agree to promptly refund such excess
amounts so paid to you, including interest thereon, if required. Additionally, the Company shall have the right to
recover such excess amounts out of future settlements hereunder to which you are entitled.
WHEREFORE, the undersigned have executed this Division Order in acknowledgment and consent to the
foregoing terms, warranties, and agreements.
{ .X ss Sign Below: Owner Sign Below: SS No. or Tax ID No.
s�
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84-6000813
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Dale K. Hall, Chai an
"3� Wild County Board of
a Commissioners
eputy�lerk to the Board
--,
IMPORTANT: TO AVOID DELAY IN PAYMENT, YOUR CURRENT ADDRESS AND SOCIAL SECURITY
NUMBER OR TAX ACCOUNT NUMBER MUST BE SHOWN
2466445 B-1521 P-241 12/06/95 01:36P PG 2 OF 3
EXHIBIT "A"
05033631 - SCHANK 02 (C)
OIL AND/OR GAS DIVISION ORDER
MANE AND ADDRESS OWNER NO. DECIMAL INTEREST
INTEREST TYPE
MELD COUNTY BOARD OF COUNTY 7740 0.00357100
COMMISSIONERS R
P 0 BOX 758
CENTENNIAL CENTER
GREELEY CO 80632
BONNIE KUNTZ 11925 0.02137140
38122 COUNTY ROAD 00 R
OTIS CO 80743
DANIEL C SCHANK 11926
10317 NE 92ND AVE 0.02137140 q
VANCCUVER MA 98661
GARY T SCHANK 11927
2134 BUFFALO DR 0.02137740 R
GRAND JUNCTION CO 81503
LINDA SCHANK TRUST 11928 0.02137140 NORWEST BANK GREELEY 0.
P 0 BOX 1748
GREELEY CO 80632
SANDRA ELDER 11929 0.02137140 2724 19TH ST R
GREELEY CO 80631
BELLY ACRES RANCH 11931
C/O ESTER SCHANK 0.10685700 R
4020 54TH ST RD
GREELEY CO 80634
DELETED INTEREST OWNER 99999 R
W G VAN BEBBER AND 11932 0.00014300
YVONNE VAN BEBBER 0
P 0 BOX 481742
DENVER CO 80248-1742
THO B0%OMAS G1D96ROUGH JR 11933 0.00036900 0
ENGLEWOOD CO 80150
JANICE D SEARS 11934 0.00044600
1722 GLEN MEADOWS DRIVE 0
GREELEY CO 80631
WALKER MILLER 11935 0.00044600
P 0 BOX 1407 0
GREELEY CO 80632
GERRITY OIL d GAS CORPORATION 10 0.78131100 y
4100 E MISSISSIPPI AVE
SUITE 1200
DENVER CO 80222
1.00000000
2466445 B-1521 P-241 12/06/95 01:36P PG 3 OF 3
PAGE 1
/fr//1,3-
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.
ty A me
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