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HomeMy WebLinkAbout20203085.tiffGreat Western Operating Company, LLC 1001 17th Street, Suite 2000 Denver, Colorado 80202 Great Western OPERATING COMPANY, LLC' 303.398.0302 Main 866.742.1784 Fax www.greatwesternpetroleum.com October 2, 2020 Board of County Commissioners Weld County, Colorado P.O. Box 758 Greeley, Colorado 80632 Attn: County Commissioners Re: Request for Consent to Assignment Weld County Oil and Gas Lease Dear County Commissioners: RECEIVED OCT 0 8 2020 WELD COUNTY COMMISSIONERS Please accept this letter and its attachments as a request for consent to assign the following Weld County Oil and Gas Lease as requirexi by paragraph 9 of the Lease: 1. Weld County Oil and Gas Lease dated October 4th, 2006 recorded at Reception No. 3430477, covering approximately 316.35 net mineral acres located in Section 31, T. 7 N., R. 63 W. Grizzly Petroleum Company, LLC assigned to DPOC, LLC, all of its right, title and interest in and to the Leases, less and except all existing vertical and horizontal wellbores and the production therefrom, pursuant to the Assignment, Conveyance and Bill of Sale attached as Exhibit A. Enclosed is a check for $25.00 to cover the assignment fee. Please execute this letter in the space provided below to indicate Weld County's written consent to assign the Leases, and return the executed original in the enclosed postage -paid envelope. Thank you for your service. Sincerely, Grizzly Petroleum Company, LLC The Board of County Commissioners of he°unty of d proves and consents to the assignment of Oil and Leases, as defined above, on this L��ay of 2020. By: Name: Mike Freeman Title: BOCC Chair O ( 4 - a. o ao OCT 1 41 2020 .9$ dlize-t7d,d4,4) 2020-3085 LEoo8L-I 4484244 04/26/2019 09:05 AM Total Pages: 13 Rec Fee: $73.00 Carly Koppes - Clerk and Recorder, Weld County, CO ASSIGNMENT AND BILL OF SALE This Assignment and Bill of Sale (Assignment') is dated April 25, 2019, but effective for all purposes as of 7:00 a.m. Mountain Time on April 1, 2019 (the "Effective Time"), by and from Grizzly Petroleum Company, LLC, a Colorado limited liability company whose address is 1001 17th Street, Suite 2000, Denver, Colorado 80202 ("Assignor"), to DPOC, LLC, a Delaware limited liability company, whose address is 1400 16th Street, Suite 300, Denver, Colorado 80202 ("Assigned). Assignor and Assignee are sometimes referred to herein individually as a "Party" or collectively as the "Parties." In consideration of the mutual promises contained herein, one hundred dollars (5100.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, effective as of the Effective Time Assignor hereby sells, assigns, transfers, grants, bargains, and conveys to Assignee all of Assignor's right, title, and interest in and to the following (collectively, the "Assets'): A. The oil and gas leases as described on Exhibit A attached hereto and made a part hereof, including Assignor's operating rights, working interests, and net revenue interests in said leases, but only as to the depths owned by Assignor in the specific lands shown on Exhibit A (the "Leases"); B.To the extent assignable or transferrable, the presently existing and valid permits, licenses, approvals, production sales contracts, and other contracts and agreements described in subpart (b) of the definition of the term "Assets" within the Agreement (as that term is defined below), in each case to the extent used or held for use in connection with the ownership, use, or operation of the Leases, other than the Excluded Wells (as defined below) (collectively, the "Contracts"); C. The oil, gas, natural gas, casinghead gas, drip gasoline, natural gasoline, natural gas liquids, condensate, crude oil, and other hydrocarbons, whether gaseous or liquid (collectively, "Hydrocarbons"), produced or severed after the Effective Time from, and which are attributable to, the Leases, except Hydrocarbons produced from the Excluded Wells; and D. All files, records, information and data, whether written or electronically stored, which are primarily related to the Assets described in Parauranhs A. through C. above (or the Take -Over Assets, as applicable and as that term is defined below) and are in the Assignor's possession, including, but not limited to, land and title records (including abstracts of title, title opinions, and title curative documents), contracts and related documents, correspondence, and operations, environmental, production, and accounting records, but excluding from the foregoing (i) files, records, and other data subject to written unaffiliated third -party contractual restrictions on disclosure or transfer for which no consent to disclose or transfer has been received, or to the extent such disclosure or transfer is subject to payment of a fee or other consideration for which the Assignee has not agreed in writing to pay the fee or other consideration, as applicable, (ii) all proprietary technology and improvements, proprietary or licensed computer software, seismic data and interpretations thereof, patents, trade secrets, copyrights, names, trademarks, and logos, and (iii) all documents and instruments other than title opinions that may be protected by the attorney -client privilege, work product doctrine, or other applicable privilege; Provided, however, that the Assets do not include the following, which are hereby excepted from the Assets and reserved by Assignor (collectively, the "Excluded Assets"): i. All existing oil and gas wells on the lands covered by the Leases, or on lands pooled therewith, including those described on exhibit B attached hereto and made a part hereof, along with any and all associated working interest and net revenue interest in said wells (the "Excluded Wells"), with the right to access, operate, maintain, produce Hydrocarbons from, workover, add artificial lift to, remediate, and plug and abandon the Excluded Wells, but with no right (i) to stimulate, fracture, or deepen an Excluded Well; or (ii) to drill a horizontal lateral from an Excluded Well; ii. The Leases, insofar and only insofar as is necessary for Assignor to access, operate, maintain, produce Hydrocarbons from, workover, add artificial lift to, remediate, and plug and abandon the Excluded Wells, but with no right to participate in new wells drilled on or through the lands covered by the Leases or lands pooled therewith; 4484244 04/26/2019 09:05 AM Page 2 of 13 iii. All mineral fee interests; iv. All overriding royalty interests in or relating to the Assets; v. Joint and concurrent rights to the Contracts insofar and only insofar as is necessary for Assignor to access, operate, maintain, produce Hydrocarbons from, workover, add artificial lift to, remediate, and plug and abandon the Excluded Wells; vi. All rights -of -way, easements, servitudes, surface use agreements, and other surface rights related to the ownership, use, or operation of the Excluded Wells; vii. The oil, gas, and other Hydrocarbons produced or severed from, and which are attributable to, the Excluded Wells; viii. All tangible personal property, equipment, fixtures, facilities, and improvements located on the lands covered by the Leases or on lands pooled or unitized therewith, including without limitation all well heads, casing, tubing, tanks, pumps, compressors, boilers, separators, and other appurtenances; and ix. The Records pertaining to the Excluded Wells or to the Leases as the Leases pertain to the Excluded Wells or to any other items described in Pararaavhs i. through viii. above. TO HAVE AND TO HOLD forever all and singular the Assets together with all rights, titles, interests, estates, remedies, powers, and privileges thereinto appertaining unto Assignee and Assignee's successors and assigns, subject however to the terms and conditions of this Assignment. This Assignment is made subject to the following terms and conditions: 1. This Assignment is being made pursuant to the terms of that certain Purchase and Sale Agreement dated April 22, 2019 (the Agreement'). All capitalized terms used but not defined in this Assignment shall have the meanings given to them in the Agreement. If there is a conflict between the terms of this Assignment and the terms of the Agreement the terms of the Agreement shall control to the extent of the conflict. Assignor and Assignee intend that the terms of the Agreement remain separate and distinct from and do not merge into the terms of this Assignment. 2. ASSIGNOR WARRANTS TITLE TO THE ASSETS FROM AND AGAINST ALL PERSONS CLAIMING BY, THROUGH OR UNDER ASSIGNOR, BUT NOT OTHERWISE, AND EXCEPT FOR THAT WARRANTY EXPRESSLY MADE IN THIS PARAGRAPH 2 AND EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES OF ASSIGNOR CONTAINED IN THE AGREEMENT, ASSIGNOR EXPRESSLY DISCLAIMS AND NEGATES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AT COMMON LAW, BY STATUTE OR OTHERWISE, RELATING TO THE CONDITION OF THE ASSETS INCLUDING (1) ANY RIGHTS OF ASSIGNEE UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (ii) ANY CLAIM BY ASSIGNEE FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (iii) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, NORM OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (iv) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO ANY OF THE ASSETS, EXCEPT FOR THE WARRANTY OF TITLE PROVIDED IN THIS PARAGRAPH 2. IT IS THE EXPRESS INTENTION OF ASSIGNOR AND ASSIGNEE THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS ASSIGNMENT, OR IN THE AGREEMENT, THE ASSETS ARE BEING CONVEYED TO ASSIGNEE "AS IS, WHERE IS," WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. 3. If at any time before June 1, 2020: (i) Assignor desires to plug and abandon an Excluded Well; and (ii) the Lease(s) pertaining to such Excluded Well are not otherwise 2 4484244 04/26/2019 09:05 AM Page 3 of 13 maintained in force and effect by production in paying quantities from, or operations upon, another oil or gas well upon the Lease lands or lands pooled therewith, then Assignor shall provide written notice (a "P&A Notice") to Assignee not less than sixty (60) calendar days before the date on which Assignor intends to plug and abandon such Excluded Well, except to the extent only a shorter notice period is practical because of an emergency (as determined by Assignor in its reasonable discretion) or governmental order. For a period of thirty (30) calendar days following Assignee's receipt of the MA Notice (or, in the event of an emergency or governmental order, the shortest period reasonably practical for Assignor to respond in light of the circumstances of such emergency or governmental order), Assignee shall have the option, in its sole discretion, to require Assignor to assign to Assignee all of Assignor's right, title, and interest in the wellbore of the Excluded Well and the personal property, fixtures, equipment, and facilities associated therewith, and the Records primarily relating to such wellbore, personal property, fixtures, equipment, and facilities held by Assignor by providing written notice (a "Take -Over Notice") to Assignor stating Assignee's intent to exercise such option. in the event Assignee either fails to provide a Take -Over Notice within thirty (30) calendar days (or such shorter applicable period, in the event of an emergency or governmental order) of its receipt of the P&A Notice or Assignee informs Assignor that Assignee does not intend to exercise its option to take over the relevant Assets, then Assignor shall be entitled to immediately plug and abandon the relevant Excluded Well. in the event Assignee elects to exercise its option to take over the relevant Assets by providing Assignor a Take -Over Notice, then within fourteen (14) calendar days of receipt of a Take -Over Notice, (i) Assignor shall assign to Assignee (or a designated Affiliate of Assignee), free and clear of all encumbrances granted or created by Assignor, all of Assignor's right, title, and interest in the wellbore of the Excluded Well and the personal property, fixtures, equipment, and facilities associated therewith, and the Records primarily relating to such wellbore, personal property, fixtures, equipment, and facilities (collectively, the "Take -Over Assets") pursuant to a mutually agreeable form of assignment containing no warranties except for a special warranty of tide by, through, and under Assignor, and (ii) the Parties shall execute and fde a change of operator form with the Colorado Oil and Gas Conservation Commission covering the Take -Over Assets. Following delivery of an assignment pursuant to this Paragraph 3, Assignee shall assume all obligations and liabilities to plug and abandon the Excluded Well in accordance with all applicable laws, governmental regulations, and the terms of the applicable Lease. Notwithstanding the foregoing, Assignor shall be excused from compliance with the terms of this Paragraph 3 to the extent necessary for it (or for its Affiliates) to comply with the terms of other contractual obligations owed to another party or other parties who own an interest in the Excluded Well, including without limitation any provisions within binding joint operating agreements that require Assignor (or its Affiliates) to first offer the right to assignment of such Take -Over Assets and/or operatorship of such Take - Over Assets to another party owning an interest in the Excluded Well. The Parties acknowledge and agree that in the event that Take -Over Assets are assigned pursuant to the procedure described in this Paraaraoh 3 they will be bound by the indemnification obligations set forth in Section 12.3 of the Agreement. 4. As used in this Assignment, the term "Affiliates" means any Person who, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another Person. The term "control" and its derivatives as used with respect to any Person in this definition of "Affiliates" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such Person, whether through the ownership of voting securities, by contract, or otherwise. 5. As used in this Assignment, the term "Person" means any individual, partnership, joint venture, corporation, trust, limited liability company, unincorporated organization, Governmental Authority, or any other entity. 6. As used in this Assignment, the term "Governmental Authority" means any court or tribunal (including an arbitrator or arbitral panel) in any jurisdiction (domestic or foreign) or any federal, state, county, municipal, tribal, or other governmental or quasi -governmental body, agency, authority, department, board, commission, bureau, official, or other authority or insuvroentality. 7. Assignee and its successors and assigns shall maintain, and shall cause their Affiliates (and such Affiliates' successors and assigns) to maintain, the following minimum setbacks from the horizontal Excluded Wells identified on Exhibit C attached hereto and made a part hereof: 3 4484244 04/26/2019 09:05 AM Page 4 of 13 a. The productive interval of the wellbore of each well drilled by Assignee, its Affiliates, and each of their successors and assigns shall be located no closer than six hundred and sixty (660) feet from the productive interval of the wellbore of an horizontal Excluded Well listed on Exhibit C producing from the same bench (or, in the case of the Codell Formation, from the same formation), when measured laterally and without regard to the wells' respective depths; and b. The productive interval of the wellbore of each well drilled by Assignee, its Affiliates, and each of their successors and assigns shall be located no closer than three hundred (300) feet from the productive interval of the wellbore of an horizontal Excluded Well listed on Exhibit C producing from a different bench (or, in the case of the Codell formation, from a different formation), when measured laterally and without regard to the wells' respective depths. 8. The Parties intend that the provisions of Paragraphs 3 through 7 of this Assignment: (i) are to be covenants sunning with the land with respect to the Leases and the Excluded Wells and (ii) are to be binding on all successors and assigns with respect to the Leases and the Excluded Wells. 9. To the extent permitted by law, Assignee shall be subrogated to Assignor's rights in and to representations, warranties, and covenants previously received by Assignor with respect to the Assets. Assignor hereby grants and transfers to Assignee and its successors and assigns, to the extent so transfciable and permitted by law, the benefit of and the right to enforce the covenants, representations, and warranties, if any, which Assignor is entitled to enforce with respect to the Assets, but only to the extent not enforced by Assignor. 10. Assignee assumes and agrees to pay, perform, fulfill, and discharge its proportionate share of all claims, costs, expenses, liabilities, and obligations accruing wing or relating to the owning, developing, exploring, operating, or maintaining of the Assets after the Effective Time, and all obligations arising under agreements covering or relating to the Assets, all as more particularly set forth in the Agreement. Assignor and Assignee have apportioned other liabilities and obligations in the Agreement. 11. Assignor and Assignee may execute separate governmental form assignments of the Assets on officially approved forms, in sufficient counterparts to satisfy applicable statutory and regulatory requirements. Those assignments shall be deemed to contain all of the exceptions, reservations, warranties, rights, titles, powers, and privileges set forth herein as fully as though they were set forth in each such assignment. The interests conveyed by such separate assignments are the same, and not in addition to, the Assets conveyed herein. 12. Assignor and Assignee agree to take all such further reasonable actions to execute, acknowledge, and deliver all such further documents that are reasonably necessary or useful in carrying out the purpose of this Assignment. 13. This Assignment binds and inures to the benefit of Assignor and Assignee and their respective successors and assigns. 14. This Assignment may be executed in any number of counterparts, each of which shall be deemed an original and all of which taken together shall constitute but one and the same instrument. 4 4484244 04/26/2019 09:05 AM Page 5 of 13 IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed by its duly authorized undersigned officer, effective for all purposes as of the Effective Time. Assignor. Assignee: Grizzly Petroleum Company, LLC DPOC, LLC By: Name: Steve R. Stacy Title: Vice President STATE OF COLORADO COUNTY OF DENVER By: Naaxalf�olodat[ J. Mattson Title: Vice President - Land ACKNOWLEDGEMENTS ) ) The foregoing instrument was acknowledged before me this 25th day of April, 2019, by Steve IL Stacy as Vice President of Grizzly Petroleum Company, LLC, on behalf of said limited liability company. Witness my hand and official seal. My Commission Expires: Oa ~' /2 -2023 OLGA BEACH-VASILEV NOTARY PUBLIC STATE OF COLORADO NOTARY ID 120194009955 MY COMMISSION EXPIRES 03.12-2023, [seal] STATE OF COLORADO COUNTY OF DENVER Notary Public The foregoing instrument was acknowledged before me this 25th day of April, 2019, by Jordan J. Mattson as Vice President - Land of DPOC, LLC, on behalf of said limited liability company. Witness my hand and official seal. 'vAslrEv NOTARY PUBLIC STATE OF COLORADO NOTARY ID 120194009955 MY COMMISSION EXPIRES 03-12-2023 [seal] 0J-/2- .2v23 Notary Pubite 5 EXHIBIT "A" Leases Attached to and made a part of that certain Assignment and Bill of Sale dated April 25, 2019, by and between Grizzly Petroleum Company, LLC and DPOC, LLC CO123-1061-01 CHARLES E. KOHLER HILL LAND SERVICES, INC. 6/22/2005 TOWNSHIP 6 NORTH, RANGE 63 WEST, 6TH P.M. SEC. 6: NW/4 Weld 3297096 CO123-1062-01 JOHN P. BAKER ANDMARILYN BAKER HILL LAND SERVICES, INC. 5/31/2005 TOWNSHIP 6NORTH, RANGE 63WEST,6THPAR SEG6:NW/4, LESS THE E/2NW/4NE/4NW/4, AND LESS THE W/2NE/4NE/4NW14 Weld 3295096 CO123-1063-01 BRUCE B.BONNETTAND CHRISTINE E BONNETT HILLLANDSERVICES, INC. 10/1/2005 TOWNSHIP 6NORTH, RANGE 63WEST, 6TH P.M.SEC. EtWI/25W314 Weld 3339521 C0123-1063-02 KAY BURNHAM HILL LAND SERVICES. INC. 6/3/2005 TOWNSHIPS NORTH, RANGE 63 WEST, 6114 P.M. SEC. IS: WI/25W1/4 Weld 3296469 CO123-1063-03 TIMOTHY C. HAMPTON HILL LAND SERVICES, INC. 6/14/2005 TOWNSHIP 6 NORTH, RANGE 63 WEST, 6TH P.M. SEC is W1/2SW 1/4 Weld 3305079 00123-1063.04 TODD J.HAMPTON HILL LAND SERVICES, INC. 6/14/2005 TOWNSHIP6NORTH, RANGE SMUT, 6TH P.M.SEC. a:W1/2SW1/4 Weld 3305078 C0123-1063-05 JILL M. COUNTS HILL LAND SERVICES, INC. 6/14/2005 TOWNSHIP 6NORTH, RANGE 63WEST, 6TH P.M.SEC. II: W1/75W1/1 Weld 3305080 00123-1064-01 GERALDINELSHULLAND LARRY T.SHULL PETRO-CANADA RESOURCES (USA) INC. 6/15/2005 'EOWNSHIP6NORM RANGE RSWEST, 6TH PM. SEC 6:Wj25E/4 Weld 3272195 C0123-1064-01 - GERALDINE L SHULL AND TARRY T. SHULL PETRO-CANADA RESOURCES (USA) INC. 6/15/2005 TOWNSHIP 6NORTH, RANGE 63WEST, 6THPM. SEC 8:W/2SW/4,E/2SW/4 Weld 3272195 00123.1065-01 A. J. "JACK" CAMPBELL ESTATE, KATHLEEN LOUISE TWIFORD, PR PETRO-CANADA RESOURCES (USA), INC. 11/20/2005 TOWNSHIPS NORM. RANGE 63 WEST, 6111 PM. SEC 37: THAT PART OF THE NW/4 LYING NORTH OF THE UPM RIGHT-OF-WAY Weld 3345012 00123-1065-01 A. J. "JACK" CAMPBELL ESTATE, KATHLEEN LOUISE TWIFORD, PR PETRO-CANADA RESOURCES (USA), INC. 11/20/2005 TOWNSHIP6 NORTH, RANGE63 WEST, 6TH P.M. SEC S: W2SW, USW, W2SE Weld 3345012 Exhibit A Page 1of4 yk.tae -e �,i f "r =.�v �— ',i . '�_ 00123-1066-01 CORNISH PLAINS LIVESTOCK, LLLP PETRO-CANADA RESOURCES, INC. 9/27/2006 TOWNSHIP 6NORTH, RANGE 6iWEST, 6TH P.M.SEC IA9936ACRE TRACT INTIM SW/4 OESdiREbAS: BEGINNING AT THE SE CORNER OFTHE W/2 SW/9; THENCE N00'24'E 1327.23 FEET; THENCE N00'24'E 111.34 FEET; THENCE UMW 443.62 FEET; THENCE N39'OO'W 837.12 FEET; THENCE N33'24W 61634 FEET; THENCE STO SW CORNER OF SECTION L THENCE EAST TO POINT OF BEGINNING Weld 3423936 CO123-1067-01 THE NEW CACHE LA POUDRE IRRIGATING COMPANY APOLLO OPERATING, LLC 9/13/2006 TOWNSHIP 6 NORTH, RANGE 63 WEST, 6TH PM. SEC 8: SW, W2SE Weld 3419736 CO123-1067-01 THE NEW CACHE LA POUDRE IRRIGATING COMPANY APOLLO OPERATING, LLC 9/13/2006 TOWNSNF6NORM, RANGE 63WEST, 6TH P.M.SEC. 17:ALL THAT PART OFTHE NW/4 LYING NORTH OF THE LNIONPAOFIC ROW Weld 3419736 00123.1068-01 THE SALLIE L MEYER REVOCABLE TRUST dated October 7, 1994 HILL LAND SERVICES, INC. 5/23/2005 TOWNSHIP 6NORTH, RANGE 63WEST, 6TH P.M.SEC 6:5W,W2SE Wdd 3295097 00123.1068-02 SUSAN E. DVORAK HILL LAND SERVICES, INC. 5/25/2005 TOWNSHIP 6 NORTH, RANGE 63 WEST, 6TH P.M. SEC. a: SW, W2SE Weld 3295098 CO123-1068-03 DARLENE WILDER BOWER PETRO-CANADA RESOURCES (USA), INC. 12/5/2005 TOWNSHIP 6NORTH, RANGE 63WEST, 6THP.M.SEC. 0:5W,W2SE Weld 3349894 CO123.1070 THE NEW CACHE LA POUDRE IRRIGATING COMPANY GREAT WESTERN OIL& GAS COMPANY, LLC 4/11/2008 TOWNSHIP 6NORTH, RANGE ERNEST,6TH P.M.SEC ftALL THAT PART 0FTHE E2SE LYING NORTH OF HIGHWAY 392. Weld 3551976 00123.1071-01 JEFF L. SNIFFER HILL LAND SERVICES, INC. 6/15/2005 TOWNSHIP 6NORTH, RANGE 63WEST, 6TH P.MSEC.17:PORIONOFNW/4LYING •Weld NORM HE OF TUNION PACIFIC RAILROAD ROW 3291720 Z0123-1071-01TH ' JEFF L. SNIFFER HILL LAND SERVICES, INC. 6/15/2005 6 P.M. SEC. Be TOWNSHIP 6 NORTH, RANGE 63 WEST, W/2 M / Weld 301720 ..- r' 00123.1071-01 JEFF L. SHIFTER HILL LAND SERVICES, INC. 6/15/2005 TOWNSHIP 6 NORTH, RANGE 63 WEST, 6TH P.M. SEC k E/2319/4 Weld 3291720 00123-1071-02 - - JACQULYNE L MARINER HILL LAND SERVICES, INC 6/15/2005 TOWNSHIP 6 NORTH, RANGE 63 WEST, 6TH P.M.SEC. 17: PORTION OF NW/4 LYING NORTH OF THE UNION PACIFIC RAILROAD POW Weld 3303429 00123-1071-02 JACQULYNEL.MARINER HILL LAND SERVICES, INC. 6/15/2005 TOWNSHIP 6NORTH, RANGE 63WEST, 6THP.M.SECaE/ISw/4 ANDW/25E/4 Weld 3303429 Exhibit A Page 2 of 4 :-¢-(^ GC• ._ �..' ti, -a'!'_ ... ,:"�3` y��,�y, a ` .l. 7 - _ _ t: ..: Y �-Imo}:•.. 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'M. -0?.1q. t - .,i � 't. -,a. � _. �1:.• a r 3 y '?iw_T•.," .`V.��' ..s_ � .�^i�'`�`�. �,m ..� 'l.•rr .C. — L .' �" _ _ J _ — = �.., ' �c. _+;�_•--y7��,-�., ,�.. � .� ��55,, "� .' - z'-' ��-s' �= �•�9'y14�L'L��, 'Z-:. =M •�fwltw'5... _ ..•-.-� �'•\-+ Y�`-�. . da '4: C •.7 a>., .Z ,'\[1 C 4 f. �'- P^� I i .d•as..- _ J,. �. _ y - T} L �•/ �[ % . -�. �! - a . - a '�s.� �y�. _ [ �i -�.. _ ..dPr�'���.`•f -'t• _ `�5'z� Y. >. ,�,-v — _ _ ""h: :1 \ :4JW':.lM_. ... .,%M� . .g �•:d1 �,.y- sC y M e ., L'..'1i...—, . ,.:::.r. h:: d .. . ,r . .... .+.{�N•. ... _ .�. 0.. ..�H...7i.:.---,34.*--ti4'• Weld 3281778 . - C01234572-02 GERALDINE L SHULL AND SHULL PETRO-CANADA RESOURCES, INC 4/29/2005 TOWNSHIP 6 NORTH, RANGE 63 WEST, 6114 P.M. SEC. 17: ALL THAT PART OF THE NW/4 LYING NORTH OF THE UNION PACIFIC RIGHT-OF-WAY C0123-1072-03 SUSAN E, DVORAK APOLLO OPERATING, :LIC 5/10/2006 TOWNSHIP 6 NORTH, RANGE 63 WEST, 6TH P.M. SEC. 17: ALL THAT PART OF TI E NW/4 LYING NORTH OF THE UNION PACIFIC RIGHT-OF-WAY Weld 3392209 00123-1072-04 THE SAWE L MEYER REVOCABLE TRUST 'APOLLO ENERGY, LLC 5/10/2006 TOWNSHIP 6 NORTH, RANGE 53 WEST, 6TH P.M. SEC. 17: ALL THAT PART OF THE NW/4 LYING NORTH OF THE UNION PACIFIC RIGHT-OF-WAY Wed 3395114 weld .3798870 TOWNSHIP 6 NORTH, RANGE G3 WEST, 6TH P.M. SEC. 17: A4PLTHATPART OFTHE NW/4 00123-1072-45 JAMES KEITH APPLEGATE CANAMEX, LLC 9/19/2011 i.YING NORTH OF THE UNION PACIFIC RIGHT-OF-WAY �Teld 360 6O. 00123-1072-06 THOMAS ARCHIE APPLEGATE CANAMEX, LLC 9/19/2011 TOWNSHIP 6 NORTH, RANGE 63 WEST, 6TH P,M. SEC. 17: ALL PART OF THE NW/4 LYING NORTH OF THE UNION PACIFIC RIGHT-OF-WAY CO123-1072-07 LINDA MOORE APPLEGATE CANAMEX, LLC 9/19/2011 TOWNSHIP 6 NORTH, RANGE 53 WEST, 6TH P.M. SEC. 17: ALL THAT PART OF THE NW/4 LYING NORTH OF THE UNION PAQFIC RIGHT-OF-WAY Weld 3799759 00123-1074 THOMAS E. SHIDELER, AND L GRANT SHIDELER APOLLO OPERATING, . LLC 6/16/2OO6 N_ TOWNSHIP 6 NORTH, RANGE 63 WEST, 6TH P.M. SEC. 17: ALL THAT PARTOFTHE W LYING SOUTH OF THE UNION PACIFIC RAILROAD RIGHT OF WAY (SAID RIGHT OF WAY DESCRIBED AT 8OO40 292, RECEPTION NO. 1 923. WELD COUNTY, COLORADO) Weld 3397855 :C0123-1075-01 VIRGINIA HURD SMITH HILL LAND SERVICES, INC. 6/9/2005 TOWNSHIP 6 NORTH, RANGE 63 WEST, 6TH P.M. SEC. It LOTS L2, ALSO DESCRIBED IWeid AS THE W2NW 1 3296470 CO123-1075-02 JUDITH WSPORKA :HILL :INC. LAND SERVICES, 6/9/2005 TOWNSHIP 6 NORTH, RANGE 63 WEST, 6TH P.M.SEC. 1, 2, ALSO DESCRIBED AS THE W1/2NW/4 Weld J3302574 MISSOURI IMPROVEMENT CANAMEX, LLC 11/4/2010 TOWNSHIP 7 NORTH, RANGE 63 WEST, 6TH P.M SEC. 31: ASTRIP OF LAND 150.00 FEET IN WIDTH, BEING ALL OF THAT LAND LYING BETWEEN ONES PARALLEL WITH AND/OR Weld 3736599 COMPANY CONCENTRIC WITH AND 75.0 FEET ON EACH SIDE OF THE CENTERLINE OF THE ] i UNCONSTRUCTED FORMER PROPOSED MAIN TRACT{ OF THE GREELEY 3RD LINE OF THE UNION PACIFIC RAILROAD COMPANY SITUATED IN THE SW/4 CO123-1410 WELD COUNTY BOARD COUNTY COMMISSIONERS OF APOLLO OPERATING, LLC 10/4/2006 TOWNSHIP 7 NORTH, RANGE 63 WEST, 6TH P.M. SEC. 31: S2 (EXCEPT UPRR RES.} Weld 3430417 CO123-1085 ' ROY NIEMOTH AND TERRE NIEMOTH GREAT WESTERN OWL & GAS COMPANY, LLC 5/4/2O1OTOWNSHIP 7 NORTH, RANGE 6tWEST, 6TH P.M. SEC. 34: LOTAOF RECORDED EXEMPTION NO. 0711-34-3-RE2964, RECORDED MAY 21, 2O01 AT RECEPTION NO. 28500072, BEING A PART OF THE Pl/25W/4 Weld 3693798 '0012-1086 MICHAEL APRIL F. TATMAN D. TATMAN AND APOLLO OPERATING, 1/16/2007 `LLC TOWNSHIP 7 NORTH, RANGE 64 WEST, 6TH P.M. SEC. 34: LOT a OF RECORDED EXEMPTION NO. 0711 -34 -3 -RE -2S64, RECORDED MAY 21, 2001 AS RECEPTION NO. Weld 3452740 - Exhibit A Page 3 of 4 VV `d 90:60 6 I-OZ/9Z/t0 00123-1087 JAMES E. CHRISTIANSEN AM) EDITH A. CHRISTIANSEN SENTRY OIL CORPORATION 4/1/1983 TOWNSHIP 7 NORTH, RANGE 64 WEST, 6111 P.M. SEC. 34: S1/JSW1/4 Weld '01923736 00123.1088 MERRITT L DENISON AND HELEN L DENISON SENTRY OIL CORPORATION 3/8/1984 TOWNSHIP 7 NORM, RANGE 6I WEST• 6TH P'M. SEC 31' IOTA, RECORDED EXEMPTION NO. 0711-34-3-REM7. ACCORDING TO A MAP RECORDED APRIL 23, 1980 IN 8OO10901 AS RECEPTION NO. 1823132, FURTHER DE3C BY MIS Weld 195929$ Exhibit A Page 4 of 4 EXHIBIT "B" Excluded Wells Attached to and made a part of that certain Assignment and Bill of Sale dated April 25, 2019, by and between Grizzly Petroleum Company, LLC and DPOC, LLC Well No: Well - TWP RRIG - SEC ;►IICING•UNIT .-,STATE C 1 I:RATOR API Produ' . . . Well :. W12062 AGGIE STATE AAI7.645 TEN R63W Sec 16: Sec 17: Sec 16: SWNW NWSW Sec 17: N252 52N2 CO Weld NOBLE ENERGY INC 0512340917 MO HZ W100L4 BASHOR PC 17-18 TEN R63W Sec 17: Sec 17: E2NW W2NE CO Weld NOBLE ENERGY INC 0512332358 NIO-CODELL VT W10015 BASHOR PC M 17-21 TEN R63W Sec 17: Sec 17: SWNE SENW NESW NWSE CO Weld NOBLE ENERGY INC 0512332282 NID-CODELL VT W10852 BRUEGMAN SOUTH EG 34-021111 T7N R64W Sec 33: Sec 34: Sec 33: E2E2 Sec34: W2W2 CO Weld GREAT WESTERN OPERATING CO LLC 0512338842 NIOBRARA HZ W10853 BRUEGMAN SOUTH EG 34-022HN 1711 R64W Sec 34: Sec 34: W2 CO Weld GREAT WESTERN OPERATING CO LLC 0512338838 NIOBRARA HZ W10854 BRUEGMAN SOUTH EG 34-024HC 17N R64W Sec 34: Sec 34: W2 CD Weld GREAT WESTERN OPERATING CO LLC 0512338841 CODELL HZ W10045 CACHE 17-21 TEN R63W Sec 17: Sec 17: N2NW CO Weld GREAT WESTERN OPERATING CO LLC 0512325447 NIO-CODELL VT W10513 CACHE 17.52 TEN R63W Sec 17: Sec 17: NW CO Weld GREAT WESTERN OPERATING CO LLC 0512325485 NIO-CODELL VT W10046 CACHE 8-13 TEN R63W Set 8: Sec 8: W2SW CO Weld GREAT WESTERN OPERATING CO LLC 0512324410 NIO-CODELL VT W10047 CACHE 8-23 TEN 863W Sec 8: Sec 8: E2SW CO Weld GREAT WESTERN OPERATING CO LLC 0512324411 NIO-CODELL VT W10048 CACHE 8-24 T6N R63W Sec B: Sec 8: E2SW CO Weld GREAT WESTERN OPERATING CO LLC 0512325427 NIO-CODELL VT W10049 CACHE 8-33 TEN R63W Sec B: Sec B: W2SE CO Weld GREAT WESTERN OPERATING CO LLC 0512325665 NIO-CODELL VT W10050 CACHE 834 TEN R63W Sec 8: Sec B: W2SE CO Weld GREAT WESTERN OPERATING CO LLC 0512324412 NIO-CODELL VT W10051 CACHES -54 TEN R63W Sec 8: Sec 8: SE CO Weld GREAT WESTERN OPERATING CO LLC 0512325496 NIO-CODELL VT W11980 COLTA13-645 TEN TEN R63W R64W Sec 18: Sec 13: Sec 18: S2N2 N2S2 Sec 13: 52N2 N252 CO Weld NOBLE ENERGY INC 0512340910 NIOBRARA HZ W11979 COLT A13-648 TEN TEN R63W R64W Sec 18: Sec 13: Sec 18: 52N2 81252 Sec 13: 52N2 N252 CO Weld NOBLE ENERGY INC 0512340907 NIOBRARA HZ W11978 COLT A13.652 TEN TEN R63W RE4W Sec 18: Sec 13: Sec 18: S2N281252 Sec 13: 52812 N252 CO Weld NOBLE ENERGY INC 0512340928 NIOBRARA HZ W11981 COLT A13-555 T6N TEN R63W R64W Sec 18: Sec 13: Sec 18: 52812 N252 Sec 13: 52N2 N252 CO Weld NOBLE ENERGY INC 0512340908 NIOBRARA HZ W11976 COLT A13-662 TEN TEN R63W R64W Sec 18: Sec 13: Sec 18: S2N2 Sec 13: 5281E CO Weld NOBLE ENERGY INC 0512340925 NIOBRARA HZ W10070 CORN ISH14-8 TEN R63W Sec 8: Sec 8: W2SW CO Weld GREAT WESTERN OPERATING CO LLC 0512324168 NIO-CODEU. VT W10071 CORNISH 17-11 TEN 863W Sec 17: Sec 17: N2NW CO Weld GREAT WESTERN OPERATING CO LLC 0512324169 NIO-CODELL VT W10072 CORNISH 8-53 T6N R63W Sec 8: Sec 8: SW CO Weld GREAT WESTERN OPERATING CO LLC 0512332190 NIO-CODELL VT EXHIBIT B Page 1 of 3 71 p 41- LCO CD N O A A 0 O C:) N) O) fV O_ (O O co O V7 Web -Na t - - tiAIeIlJmme .T]NP 7J1 RN61 _ . SEC_ - 78."?L:tv ay SP?1CINGUNIT - MX' ?i STATE CO Y - c '.--OPPjRATOR 14P1 - PVidy`kig Paring p y tgfdIType W10103 DILXA21-6 T6N R63W Sec 6: Sec 6: E2NW CO Weld GREAT WESTERN OPERATING COLLC 0512323785 NIO-CODELL VT W10307 DILKA 22-6 T6N R63W Sec 6: Sec 6: E2NW CO Weld GREAT WESTERN OPERATING CO LLC 0512323784 NIO-CODELL VT W10105 DIMS -11 TEN R63W Sec 6: Sec 6: W2NW CO Weld GREAT WESTERN OPERATING CO LLC 0512323786 NIO-CODEU. Vf W10189 DILKA 6.12 TEN R63W Sec 6: Sec 6: W2NW CO Weld GREAT WESTERN OPERATING CO LLC 0512323783 COOELL VT W10107 DILKA 6-52 TEN R63W Sec 6: Sec 6: NW CO Weld GREAT WESTERN OPERATING CO LLC 0512323782 NIO-CODELL VT W10125 EDENS 11-18 TEN R63W Sec 18: Sec 18: W2NW CO Weld GREAT WESTERN OPERATING CO LLC 0512323787 NIO-CODELL VT W10126 EDENS 12-18 TEN R63W Sec 18: Sec 18: W2NW CO Weld GREAT WESTERN OPERATING CO LLC 0512323788 NIO-CODELL VT W10127 EDENS 18-52 TEN R63W Sec 18: Sec 18: NW CO Weld GREAT WESTERN OPERATING CO LLC 0512325754 CODELL VT W10232 HEINZE31-13 TIN R63W Sec31: Sec31: W2SW CO Weld GREAT WESTERN OPERAT;NGCOLLC 0512329757 NIO-CODELL VT W10233 HEINZE 31-14 TIN R63W Sec 31: Sec 31: W2SW CO Weld GREAT WESTERN OPERATING CO LLC 0512332191 NIO-CODELL VT W10234 HENZE 31-23 T7N R63W Sec 31: Sec 31: E2SW CO Weld GREAT WESTERN OPERATING CO LLC 0522329758 NIO-CODELL VT W10235 HEINZE 31-24 T7N R63W Sec 31: Sec 31: E25W CO Weld GREAT WESTERN OPERATING CO LLC 0512329759 NIO-CODELL VT W10236 HEINZE 31-33 T7N R63W Sec 31: Sec 31: N2SE CO Weld GREAT WESTERN OPERATING CO LLC 0512329728 NIO-CODELL VT W10237 HEINZE 31-34 T7N R63W Sec 31: Sec 31: S2SE CO Weld GREAT WESTERN OPERATING CO LLC 0512324928 NIO-CODELL VT W10238 HEINZE 31-43 T7N R63W Sec 31: Sec 31: N2SE CO Weld GREAT WESTERN OPERATING CO LLC 0512329746 NID-CODELL VT W10239 HEINZE 31-44 T7N R63W Sec 31: Sec 31: 52SE CO Weld GREAT WESTERN OPERATING CO LLC 0512324929 NIO-CODELL VT W12060 MAHALO STATE AA09-79.1HNB TEN R63W Sec 8: Sec9: Sec 16: Sec 17: Sec 8: E2E2 Sec9: W2W2 Sec 16: NWNW Sec 17: NENE CO Weld NOBLE ENERGY INC 0512339102 NIOBRARA HZ W10889 MAHALO STATE AA09-79HNC TEN R63W Sec 8: Sec9: Sec 16: Sec 17: Sec 8: E2E2 Sec9: W2W2 Sec 16: NWNW Sec 17: NENE CO Weld NOBLE ENERGY INC 0512339105 NIOBRARA HZ W12059 MOJACK P-28HN T7N R64W Sec 27: Sec 28: Sec33: Sec 34: Sec 27: W2W2 Sec 28: E2E2 Sec33: E2E2 Sec 34: W2W2 CO Weld BAYSWATER EXPL & PROD LLC 0512339829 NIOBRARA FR W10896 NCLP AAO6-65.1AHNC TEN R63W Sec 6: Sec s: Sec 6: S2N2 N2S2 Sec 5: S2N2 N2S2 CO Weld NOBLE ENERGY INC 0512339026 NIOBRARA liZ W10897 NCLPAA06-66-1BHNA T6N R63W Sec 6: Secs: Sec 6: 52N211252 Secs: S2N2 N752 CO Weld NOBLE ENERGY INC 0612339370 NIOBRARA HZ W10898 NCLP AA06-66-1HNC TEN R63W Sec 6: Sec 5: Sec 6: S2N2 N2S2 Sec 5: S2N2 N2S2 CO Weld NOBLE ENERGY INC 0512339069 NIOBRARA HZ EXHIBIT e Page 2 of 3 co 07 CD N _ O c) N W N O O CO O D WeO'No.• �'. Well'Nsne 7WP -RN G SEC. .1;4W SPACING.UN1 STATE CO -. - ° OPEM'MR,_ Fam„a1(cn `, W - W10899 CLP NW TEN R63W Sec 5ec5: Sec& N2 Sec5: N2 CO Weld NOBLE ENERGY INC 0512339035 NIOBRARA HZ W10900 NCLP AA06-67.1HNC TEN R63W Sec 6: Sec 5: Sec 6: N2 Sec 5: HZ CO Weld NOBLE ENERGY INC 0512339068 NIOBRARA HZ W10901 NQP AA06-68-1BHNC TEN R63W Sec 6: Sec 5: Sec 6 112 Secs: 142 CO Weld NOBLE ENERGY INC 0512339033 NIOBRARA HZ W10902 NCLPAA06-68-1HNA TEN R63W Sec 6: Sec 5: Sec 6: N2 Sec 5: 1,12 CO Weld NOBLE ENERGY INC 0512339123 NIOBRARA HZ W10484 NEW CACHE 8-43 TEN R63W Sec B: Sec 8: E2SE CO Weld GREAT WESTERN OPERATING COLIC 0512331704 NIO.000ELL VT W10485 NEW CACHE B-44 TM R63W Sec & Seca: E2SE CO Weld GREAT WESTERN OPERATING CO LLC 0512327176 CODELL VT W10370 PEPPLER17-12 TEN R63W Sec 17: Sec 17: S2NW CO Weld GREAT WESTERN OPERATING CO LLC 0512325749 NIO-CODELL VT W10371 PEPPLER 17-22 TEN R63W Sec 17: Sec 17: S2NW CO Weld GREAT WESTERN OPERATING CO LLC 0512325817 NIO-CODELL VT W10372 PEPPLER AA 17-20 TEN R63W Sec 17: Sec 17: S2NW N2SW CO Weld NOBLE ENERGY INC 0512332266 NIO-CODELL VT W10830 RICHTER 34M-203 T7N R64W Sec 34: Sec 34: W2E2 E2W2 CO Weld PDC ENERGY INC 0512336482 NIOBRARA HZ W10655 SPAUR BROTHERS EH 31-219HN T7N ROW Sec 31: Sec 31: S2N2 N252 CO Weld GREAT WESTERN OPERATING CO LLC 0512335695 NIOBRARA HZ W10621 SPAUR BROTHERS EH 31-222HN T7N R63W Sec 31: Sec 31: N252 CO Weld GREAT WESTERN OPERATING CO LLC 0512335693 NIOBRARA HZ W10703 SPAUR BROTHERS EH 31-259HC 17N R63W Sec 31: Sec 31: N2S2 CO Weld GREAT WESTERN OPERATING CO LLC 0512338694 CODELL HZ W10800 SPAUR BROTHERS EH 31 262HN T7N 963W Sec 31: Sec 31: 52 CO Weld GREAT WESTERN OPERATING CO LIC 0512338696 NIOBRARA HZ W10195 TATMAN 34-13 17N R64W Sec 34: Sec 34: N2SW CO Weld GREAT WESTERN OPERATING CO LLC 0512325480 [ODELL VT W10436 TATMAN 34-23 T7N R64W Sec 34: Sec 34: N2SW CO Weld GREAT WESTERN OPERATING CO LLC 0512325478 CODELL VT W10437 TATMAN 34-S3 T7N R64W Sec 34: Sec 34: SW CO Weld GREAT WESTERN OPERATING CO TLC 0512325479 NIO-CODELI VT EXHIBIT B Page 3 of 3 A co CO CD N N - A 0 - O W I 01 N O (0 O co Cn EXHIBIT "C' Horizontal wells with setback requirements Attached to and made a part of that certain Assignment and Bill of Sale dated April 25, 2019, by and between Grizzly Petroleum Company, LLC and DPOC, LLC weil"�Io.� .... _ ... _WeII:Name _ _ . �(p.. A. . --..SPACING.UfllT-r •... _ .._..CAERAG0R- _--- - --- -_ - ._. _. . _ W10852 BRUEGMAN SOUTH EG 34-021HN 17N R64W Sec 33: Sec 34: Sec 33: E2E2 Sec 34: W2W2 GREAT WESTERN OPERATING CO LLC 0512338842 NIOBRARA B W10853 BRUEGMAN SOUTH EG 34-022HN T7N R64W Sec 34: Sec 34: W2 GREAT WESTERN OPERATING CO LLC 0512338838 NIOBRARA C W10854 BRUEGMAN SOUTH EG 34-024HC 17N R64W Sec 34: Sec 34: W2 GREAT WESTERN OPERATING CO LLC 0512338841 CODELL W10655 SPAUR BROTHERS EH 31-219HN T7N R63W Sec 31: Sec 31: S2 N2 N2S2 GREAT WESTERN OPERATING CO LLC 0512338695 NIOBRARA B W10621 SPAUR BROTIERS EH 31.222HN T7N R63W Sec 31: Sec 31: N2S2 GREAT WESTERN OPERATING CO LLC 0512338693 NIOBRARA B W10703 SPAUR BROTHERS EH 31-259HC T7N 863W Sec 31: Sec 31: N2S2 GREAT WESTERN OPERATING CO LLC 0512338694 CODELL W10800 SPAUR BROTHERS EH 31-262HN T7N R63W Sec 31: Sec 31: 52 GREAT WESTERN OPERATING CO tLC 0512338696 NIOBRARA B EXHIBIT C Page 1 of 1 DPOC, LLC 1400 16TH ST., SUITE 300 DENVER, CO 80202 Page 1 of 1 VENDOR No.\NAME CHECK DATE CHECK NUMBER AMOUNT Weld County Government Oct 05, 2020 2403 $25.00 Reference Inv Date Invoice No. ASSIGN -0037 10/05/20 AssgnFee Invoice Amt Prior Pmt 25.00 r ZZ y Ve co\e vNrNC- pit... , p °\ \ \ -1 y 0.00 Discount Amount Paid 0.00 25.00 RECEIVED OCT 0 8 2020 WELD COUNTY COMMISSIONERS s'lat111W1eX,� L-008`-\ PAYEE: DETACH THIS STATEMENT BEFORE DEPOSITING Hello