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HomeMy WebLinkAbout20200457.tiffJanuary 14, 2020 Board of County Commissioners Weld County, Colorado P.O. Box 758 Greeley, Colorado 80632 Attn: County Commissioners RECEIVED JAN 2 3 2020 WELD COUNTY COMMISSIONERS Re: Request for Consent to Assignment Weld County Oil and Gas Lease Dear 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 required by paragraph 9 of the Lease: 1. Weld County Oil and Gas Lease dated January 17, 2018 recorded at Reception No. 4370659, covering approximately 230 net mineral acres located in Section 30, T. 8 N., R. 59 W.; DPOC, LLC assigned to Bison Oil & Gas II, LLC all of its right, title and interest in and to the Leases pursuant to the Assignment, Conveyance and Bill of Sale attached as Exhibit A. Enclosed is a check for $100.00 to cover the assignment fee of $100.00 per Lease. 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, By: Jamison McIlvain, EVP of Business Development The Board of County Commissioners of tkc.county of eld approves and consents to the assignment of Oil and Leases, as defined above, on this( ° day of 2(x,20. By: Name: Title: Mike Freeman BOCC Chair Cohn Aekck. - 3 - %JPOG, LLC_ 2020-0457 L- EOO x-13 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 Jan 16, 2020 2207 $100.00 Reference Inv Date Invoice No. Invoice Amt DPOC0309AF 01/14/20 DP000309AF 100.00 Prior Pmt Discount Amount Paid 0.00 0.00 100.00 psS;��mev�� L Lo aaa PAYEE: DETACH THIS STATEMENT BEFORE DEPOSITING 4559481 01 /17/2020 03:46 PM Total Pages: 25 Rec Fee: $133.00 Carly Koppes - Clerk and Recorder, Weld County, CO ASSIGNMENT, BILL OF SALE AND CONVEYANCE This ASSIGNMENT, BILL OF SALE AND CONVEYANCE (this "Assignment") dated effective as of December 1, 2019 at 12:01 a.m. local time where the Assets (as defined below) are located (the "Effective Time"), is from DPOC, LLC and Mallard Exploration, LLC, each a Delaware limited liability company with an address of 1400 Sixteenth Street, Suite 300, Denver, Colorado 80202 (collectively, "Assignor"), to Bison Oil & Gas II, LLC, a Colorado limited liability company ("Assignee"), whose address is 518 17th Street, Suite 1800, Denver, Colorado 80202. Assignor and Assignee are at times referred to herein individually as a "Party" and collectively as the "Parties." Capitalized terms used herein but not otherwise defined shall have the meanings given such terms in the Asset Exchange Agreement by and among Assignor, Assignee, and Mallard Exploration, LLC, dated November 19, 2019 (the "Exchange Agreement"). ARTICLE 1 ASSIGNMENT OF ASSETS 1.01 Assignment of Assets. For and in consideration of good and valuable consideration, the receipt and full sufficiency of which are hereby acknowledged, Assignor does, subject to the exceptions and reservations set forth in this Assignment, hereby grant, bargain, sell, convey, transfer, assign, set over and deliver to Assignee the following (but reserving, excepting and excluding, in all such instances, the Excluded Assets described in Section 1.03 of this Assignment) (collectively, the "Assets"): (a) all of Assignor's right, title and interest in and to the leasehold estates created by the oil and gas leases described in Exhibit A hereto, and any extensions, renewals, ratifications, and amendments thereto, carried interests, reversionary interests, forced pooled interests, operating rights, contractual rights, beneficial interests, and other similar rights and interests (subject to the following limitation, the "Leases"), insofar and only insofar as such leases cover and relate to the lands described on Exhibit A (the "Lands"); (b) to the extent transferable, all of Assignor's rights in, to and under all unitization, pooling and communitization agreements, declarations, orders, and the units created thereby insofar as the same relate to the Leases and to the production of all oil, gas and other hydrocarbons (the "Hydrocarbons"), if any, attributable or allocated to the Leases and Lands; (c) all surface leases, permits, rights -of -way, easements and other surface rights agreements described in Exhibit C insofar and only insofar as the same are used in connection with the exploration, drilling, production, gathering, treatment, processing, storing, sale or disposal of Hydrocarbons or produced water from the Leases (the "Surface Rights"); (d) The contracts and agreements described on Exhibit D, insofar and only insofar as such contracts and agreements relate to the properties and interests described in clauses (a) through (c) above; and 4559481 01/17/2020 03:46 PM Page 2 of 25 (e) To the extent transferable and in Assignor's possession, all of Assignor's land records, lease records, contract files, title records (including abstracts of title, title opinions and memoranda, title curative documents, broker run sheets and landowner contact information) and other records relating to the items described in clauses (a) through (d) above but excluding any seismic, geological, geophysical and interpretative data or information and any information covered by the attorney -client or attorney work -product privilege (other than title opinions and title memoranda) or confidentiality restrictions that prevent their disclosure to Assignee (the "Records"). TO HAVE AND TO HOLD the Assets, together with all the rights, privileges, and appurtenances thereto, unto the Assignee and its successors and assigns forever, subject to the exceptions, reservations, covenants, terms and conditions set forth herein. 1.02 Retained Rights and Obligations. The execution and delivery of this Assignment by Assignor, and the execution and acceptance of this Assignment by Assignee, shall not operate to release or impair any surviving rights or obligations of Assignor or Assignee under the Exchange Agreement. 1.03 Excluded Assets. Notwithstanding anything to the contrary in this Assignment, Assignor hereby RESERVES, EXCEPTS AND RETAINS the Excluded Assets, all of which are excluded from the Assets conveyed hereunder, and Assignee shall have no interest in, to or under any Excluded Assets. As used herein, the term "Excluded Assets" means: (a) all interests in the leases described in Exhibit A and the lands covered thereby other than the specific interests described in Sections 1.01(a) and 1.01(b); (b) any Lease excluded from the Assets and retained by Assignor under Section 3.4(g), Section 3.9 or Section 3.10 of the Exchange Agreement; (c) all royalty interests and overriding royalty interests (including any such interests in the leases described in Exhibit A and the lands covered thereby), including without limitation, the Retained Overriding Royalty interest, described herein, which shall burden the Assets, and the Parties agree that such excepted and retained royalty and overriding royalty interests have not merged with Assignor's Working Interest in the Leases and constitute separate and distinct interests; (d) all (i) wellbores of the wells described in Exhibit B and all other wells located on the Leases and Lands (the "Excluded Wells"), and all associated production facilities, tanks, personal property, equipment, fixtures and improvements, used in connection with the Excluded Wells or to produce, gather, treat, process, store or sell Hydrocarbons produced from the Excluded Wells, or any operations related thereto, and (B) interests in the leasehold estates created by the Leases that give rise to Assignor's interest in the Spacing Units for the wellbores of the Excluded Wells, and the rights described in Section 1.01(b), insofar and only insofar as such interests and rights entitle the owner thereof to Hydrocarbons produced from the intervals currently open to production in the Excluded Wells and to conduct and participate in operations with respect to the Excluded Wells; provided, however, such retained and excluded interests and rights shall not include any right to, and Assignor shall not deepen or perforate any intervals not currently open to E-2-2 4559481 01/17/2020 03:46 PM Page 3 of 25 production, sidetrack, or drill any horizontal lateral from the existing wellbores of the Excluded Wells (the "Excluded Wellbore Rights"); (e) all contracts for the purchase of water for drilling and completion operations; for the disposal of produced water; for the gathering, transportation, treating, processing, or marketing of Hydrocarbons produced from the Leases; and for the purchase and sale of such Hydrocarbons, as described in Schedule 5.15 to the Exchange Agreement; (f) all rights, claims, and causes of action (including warranty and similar claims, indemnity claims and defenses) whether arising before, on or after the Effective Time to the extent such rights, claims and causes of action relate to the Excluded Wells and Excluded Wellbore Rights; (g) all Surface Rights insofar and only insofar as the same are used in connection with, or are necessary or convenient for, the continued ownership, use, operation and access of and to the Excluded Assets, including the Excluded Wells and Excluded Wellbore Rights; (h) all Records used in connection with, or necessary or convenient for, the continued ownership, use, operation and access of and to the Excluded Assets, including the Excluded Wells and Excluded Wellbore Rights; and (i) an overriding royalty interest in each tract covered by each Lease, equal to the positive difference, if any, between Twenty percent (20%) and Existing Burdens on each Lease, insofar as it covers the corresponding tract, as of the Effective Time, in all of the Hydrocarbons produced and saved under the terms of the Lease (the "Retained Overriding Royalty"); subject to the following terms and conditions: A. if Assignor owns less than 100% of the leasehold estate created by a Lease, in a tract covered by the Lease, or if the Lease covers less than the full fee oil and gas mineral estate, in a tract covered by the Lease, then the Retained Overriding Royalty shall be reduced proportionately with respect to Assignor's interest in such Lease in such tract or the partial fee oil and gas mineral interest covered by the Lease with respect to such tract; B. the Retained Overriding Royalty shall be free and clear of all costs and expenses of producing, gathering, storing, separating, treating, dehydrating, compressing, processing, transporting, marketing and otherwise making oil, gas, casinghead gas, and other products ready for sale or use, but shall be subject to taxes applicable to said interest and the production therefrom; and C. "Existing Burdens" means all existing, non -cost bearing burdens in effect as of the Effective Time affecting a Lease including the landowner's or lessor's royalty, overriding royalties, net profits interests, production payments, and any other charges or existing non -cost bearing burdens of a similar nature applicable thereto, but excluding the Retained Overriding Royalty. E-2-3 4559481 01/17/2020 03:46 PM Page 4 of 25 ARTICLE 2 SPECIAL WARRANTY AND DISCLAIMERS 2.01 Special Warranty of Title. Assignor hereby warrants and agrees to defend Assignee against every person whomsoever lawfully claiming or to claim an interest in any Lease included in the Assets by, through or under Assignor, which claim, if successful, would constitute a Title Defect that causes such Assignor not to have Defensible Title to such Lease. 2.02 Subrogation. Assignor hereby assigns to Assignee all rights, claims and causes of action under title warranties given or made by Assignor's predecessors in interest with respect to the Assets, and Assignee is specifically subrogated to all rights which Assignor may have against such predecessors in interest with respect to the Assets, to the extent that Assignor may legally transfer such rights and grant such subrogation. 2.03 Disclaimers. THE PARTIES AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE OPERATIVE, THE DISCLAIMERS OF WARRANTIES CONTAINED IN THIS SECTION 2.03 ARE "CONSPICUOUS" DISCLAIMERS FOR THE PURPOSES OF ANY APPLICABLE LAW, RULE OR ORDER. THE EXPRESS REPRESENTATIONS AND WARRANTIES OF THE PARTIES CONTAINED IN THE EXCHANGE AGREEMENT, AND THE TITLE WARRANTY IN THIS ASSIGNMENT, ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. ASSIGNOR EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATION OF THE FOREGOING AND EXCEPT FOR ASSIGNOR'S WARRANTIES, THE ASSETS ARE BEING CONVEYED PURSUANT HERETO WITHOUT (A) ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO (I) TITLE TO THE ASSETS, THE CONDITION, QUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO THE MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY EQUIPMENT OR ITS FITNESS FOR ANY PURPOSE, (II) THE ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO ASSIGNEE IN CONNECTION WITH THE EXCHANGE AGREEMENT, (III) PRICING ASSUMPTIONS, OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE ASSETS OR THE ABILITY OR POTENTIAL OF THE ASSETS TO PRODUCE HYDROCARBONS, (IV) THE ENVIRONMENTAL CONDITION OF THE ASSETS, BOTH SURFACE AND SUBSURFACE, (V) ANY IMPLIED OR EXPRESS WARRANTY OF NON -INFRINGEMENT, OR (VI) ANY OTHER MATTERS CONTAINED IN ANY MATERIALS FURNISHED OR MADE AVAILABLE TO ASSIGNEE BY ASSIGNOR, OR (B) ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. ASSIGNEE HAS INSPECTED, OR WAIVED (AND SHALL BE DEEMED TO HAVE WAIVED) ITS RIGHT TO INSPECT, THE ASSETS FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE E-2-4 4559481 01/17/2020 03:46 PM Page 5 of 25 PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NORM. ASSIGNEE IS RELYING SOLELY UPON THE TERMS OF THE EXCHANGE AGREEMENT AND ITS OWN INSPECTION OF THE ASSETS TO BE ASSIGNED TO IT, AND SHALL ACCEPT ALL OF THE SAME IN THEIR "AS IS, WHERE IS" CONDITION. ARTICLE 3 MISCELLANEOUS 3.01 Assignment Subject to Exchange Agreement. This Assignment is executed and delivered pursuant to the terms of Exchange Agreement and is specifically made subject to the terms, conditions, and covenants contained therein, a copy of which can be obtained from the Assignee at the above referenced address. The terms and conditions of the Exchange Agreement are incorporated herein by reference, and in the event of a conflict between the provisions of the Exchange Agreement and this Assignment, the provisions of the Exchange Agreement shall control. The Assignee, subject in each case to the terms of the Exchange Agreement, assumes and agrees to fulfill, perform pay and discharge (or cause to be fulfilled, performed paid or discharged) all of the Bison Assumed Liabilities. The provisions of the Exchange Agreement, and any other agreements, certificates or instruments executed or delivered in connection therewith, shall not be deemed to have merged into this Assignment and shall survive the execution and delivery of this Assignment according to their terms. 3.02 Governing Law. This Assignment shall be construed in accordance with, and governed by, the laws of the state of Colorado, without regard to its conflicts of laws rules. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS ASSIGNMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY RELATED TO THIS ASSIGNMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS ASSIGNMENT. 3.03 Further Assurances. Assignor and Assignee agree that, from time to time, each of them will execute, acknowledge and deliver all such further instruments of conveyance and transfer and take such other actions as may reasonably requested by the other Party for carrying out the purposes of the transactions contemplated by this Assignment. 3.04 Successors and Assigns. This Assignment shall be binding upon, and shall inure to the benefit of, the Parties and their respective successors and assigns, and the terms, covenants and conditions of this Assignment are covenants running with the land and with each subsequent transfer or assignment of the Assets or any part thereof, and in the event that Assignee conveys all or a part of the Assets, Assignee shall remain liable to Assignor for Assignee's indemnification obligations hereunder and under the Exchange Agreement notwithstanding any such assignment. 3.05 Governmental Authority Forms of Assignment. Separate assignments of the Leases may be executed on officially approved forms by Assignor to Assignee in sufficient counterparts to satisfy applicable statutory and regulatory requirements. Those assignments shall E-2-5 4559481 01/17/2020 03:46 PM Page 6 of 25 be deemed to contain all of the exceptions, reservations, rights, titles, powers and privileges, covenants and warranties 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 interests conveyed herein. 3.06 Exhibits. Reference is made to the Exhibits attached hereto and made a part hereof for all purposes. References in such Exhibits to instruments on file in the public records are made for all purposes. 3.07 Counterparts. This Assignment may be executed in any number of counterparts, each of which shall be deemed an original instrument, but all of which together shall constitute but one and the same instrument. To facilitate recordation or filing of this Assignment, each counterpart filed with a county or state agency or office may contain only those portions of the Exhibits to this Assignment that describe property under the jurisdiction of that agency or office. Complete copies of this Assignment containing the entire Exhibits have been retained by Assignor and Assignee. [Signature Pages Follow] E-2-6 4559481 01/17/2020 03:46 PM Page 7 of 25 IN WITNESS WHEREOF, this Assignment is executed as of the dates of the acknowledgments below but shall be effective for all purposes as of the Effective Time. ASSIGNOR: DPOC, LLC o�y,L By: Ar+ Name: Jamison McIlvain Title: EVP of Business Developme t Mallard Exploration, LLC By: _ � /a Name: Jamison McIlvain Title: EVP of Business Development State of Colorado City and County of Denver ACKNOWLEDGEMENT } } } The foregoing instrument was acknowledged before me on this 13th day of January, 2020, by Jamison McIlvain as EVP of Business Development of DPOC, LLC, a Delaware limited liability company, and as EVP of Business Development of Mallard Exploration, LLC, a Delaware limited liability company, on behalf of each respective company. MADISON MAMAGHANI NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174036078 COMMISSION EXPIRES AUG. 28, 2021 otary P lic Printed Name: Ma4ISO,► Akot a ytan My commission expires: *tip I E-2-7 4559481 01/17/2020 03:46 PM Page 8 of 25 ASSIGNEE: BISON OIL AND GAS II, LLC By: Robert Pierini Vice President State of Colorado City and County of Denver ACKNOWLEDGEMENT } } } The foregoing instrument was acknowledged before me on this 13th day of January, 2020, by Robert Pierini as Vice President of Bison Oil and Gas II, a Colorado limited liability company, on behalf of the company. Notary Public Printed Name: n i W.e,.,k-. My commission expires: VA WColel$ ,2O2.O ABIGAIL WENK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164009689 MY COMMISSION EXPIRES MARCH 8, 2020 Exhibit A Leases and Lands o(7' m O1 coco o h N o O N O O W O E-2-9 Exhibit A Leases and Lands Attached to and made a part of that certain Assignment, Bill of Sale and Conveyance dated effective December 1, 2019 by and between DPOC, LLC and Mallard Exploration, LLC (collectively, "Assignor") and Bison Oil & Gas II, LLC ("Assignee") Lease No. Lessor Original Lessee County; Reception No. Lease: Date . Expiration Date Township Range Section Lands Gross.. Acres. DIV- 0001 Anspaugh Oil & Gas, LLC Diversified Operating Corporation Weld 3762842 4/4/2011 4/4/2014 08N 59W 031 5W/4 160 DIV- 0002 Virginia Ann Chalk, a widow Diversified Operating Corporation Weld 2972850, 3271226, 3550638 6/27/2002 6/27/2005 08N 59W 031 SW/4 160 DIV- 0003b Larry E. Denver Diversified Operating Corporation Weld 3347060 11/18/2005 11/18/2009 08N 59W 031 SW/4 160 DIV- 0003b Larry E. Denver Diversified Operating Corporation Weld 3347060 11/18/2005 11/18/2009 08N 59W 031 NW/4 160 DIV- 0004b Don and Mary Lou Derksen, H/W Diversified Operating Corporation Weld 3347061 11/4/2005 11/4/2009 08N 59W 031 SW/4 160 DIV- 0004b Don and Mary Lou Derksen, H/W Diversified Operating Corporation Weld 3347061 11/4/2005 11/4/2009 08N 59W 031 NW/4 160 DIV- 0005b Carol L. Doty Diversified Operating Corporation Weld 3347058 11/4/2005 11/4/2009 08N 59W 031 SW/4 160 DIV- 0005b Carol L Doty Diversified Operating Corporation Weld 3347058 11/4/2005 11/4/2009 08N 59W 031 NW/4 160 DIV- 0007b Phyllis M. Doty Diversified Operating Corporation Weld 3347063 11/4/2005 11/4/2009 08N 59W 031 SW/4 160 13 n) CD CD 0 0 N 01 Wd 9ti:£0 0Z0Z/LI./60 E-2-10 DIV- 0007b Phyllis M. Doty Diversified Operating Corporation Weld 3347063 11/4/2005 11/4/2009 08N 59W 031 NW/4 160 DIV- 0008b Richard L. Doty Diversified Operating Corporation Weld 3667863 12/3/2009 12/3/2012 08N 59W 031 SW/4 160 DIV- 0008b Richard L. Doty Diversified Operating Corporation Weld 3667863 12/3/2009 12/3/2012 08N 59W 031 NW/4 160 DIV- 0009b Theodore M. Doty, Jr. Diversified Operating Corporation Weld 3347065 11/4/2005 11/4/2009 08N 59W 031 SW/4 160 DIV- 0009b Theodore M. Doty, Jr. Diversified Operating Corporation Weld 3347065 11/4/2005 11/4/2009 08N 59W 031 NW/4 160 DIV- 0010b Virginia L. Hammond Diversified Operating Corporation Weld 3352771 11/4/2005 11/4/2009 08N 59W 031 SW/4 160 DIV- OOlOb Virginia L. Hammond Diversified Operating Corporation Weld 3352771 11/4/2005 11/4/2009 08N 59W 031 NW/4 160 OIV- 0011 The Colleen Mae Farris Irrevocable Trust Diversified Operating Corporation Weld 3763970 4/8/2011 4/8/2014 08N 59W 031 SW/4 160 DIV- 0011 The Colleen Mae Farris Irrevocable Trust Diversified Operating Corporation Weld 3763970 4/8/2011 4/8/2014 08N 59W 031 NW/4 160 DIV- 0012 John W. Melton Family Trust Diversified Operating Corporation Weld 3629478 5/12/2009 5/12/2012 08N 59W 031 SW/4 160 DIV- 0013 Questar Exploration and Production Company Diversified Operating Corporation Weld 3646275 8/14/2009 2/14/2011 08N 59W 031 SW/4 160 DIV- 0014b Cynthia Kinchloe Diversified Operating Corporation Weld 3677926 12/3/2009 12/3/2013 08N 59W 031 SW/4 160 iv cQ cD O Ni U1 O1 O1 CO O N O Ni O O oa i) E-2-11 DIV- 0014b Cynthia Kinchloe Diversified Operating Corporation Weld 3677926 12/3/2009 12/3/2013 08N 59W 031 NW/4 160 DIV- 0015 The Howell Family Revocable Trust Diversified Operating Corporation Weld 3629479 5/18/2009 5/18/2012 08N 59W 031 SW/4 160 DIV- 0016 Walsh Production Corporation Diversified Operating Corporation Weld 3526835, 3587841 12/7/2007 12/7/2008 08N 59W 031 SW/4 160 DIV- 0017b Vincent Yohe, a married man dealing in his sole and separate property Diversified Operating Corporation Weld 3347062 11/4/2005 11/4/2009 08N 59W 031 SW/4 160 DIV- 0017b Vincent Yohe, a married man dealing in his sole and separate property Diversified Operating Corporation Weld 3347062 11/4/2005 11/4/2009 08N 59W 031 NW/4 160 DIV- 0018 The Williams Home Diversified Operating Corporation Weld 3767546 1/25/2011 7/25/2011 08N 59W 031 SW/4 160 DPOC- 0090a Stone Hill Minerals Holdings, LLC DPOC, LLC Weld 4333477, 4379160 8/21/2017 8/21/2020 08N 60W 022 SW/4 160 DPOC- 0106a LHB Weld, LLC DPOC, LLC Weld 4339839 9/25/2017 9/25/2020 08N 60W 023 NW/4 160 DPOC- 0106a LHB Weld, LLC DPOC, LLC Weld 4339839 9/25/2017 9/25/2020 08N 60W 024 SE/4 160 DPOC- 0108 Wells Fargo Bank, N.A. as Conservator of the Betty Jean Castor Conservatorship DPOC, LLC Weld 4345068 8/11/2017 8/11/2020 08N 59W 029 W/2 lying north ROW of RR 118.36 DPOC- 0192 The Donald V. Stanley Trust DP0C, LLC Weld 4340117, 4355562, 4422470 9/1/2017 9/1/2020 08N 60W 022 NE/4 160 DPOC- 0192 The Donald V. Stanley Trust DP0C, LLC Weld 4340117, 4355562, 4422470 9/1/2017 9/1/2020 08N 60W 023 SW/4 160 E-2-12 v co (D Ni O N O1 DPOC- 0199b Proved Reserves, LLC, a Texas limited liability company DPOC, LLC Weld 4379583 10/13/2017 10/13/202O 08N 59W 029 W/2 lying south ROW of RR 201.64 DPOC- 0199b Proved Reserves, LLC, a Texas limited liability company DPOC, LLC Weld 4379583 10/13/2017 10/13/2020 08N 59W 029 W/2 lying north ROW of RR 118.36 DPOC- 0199b Proved Reserves, LLC, a Texas limited liability company DPOC, LLC Weld 4379583 10/13/2017 10/13/2020 08N 59W 030 E/2SE/4 80 DPOC- 0199b Proved Reserves, LLC, a Texas limited liability company DPOC, LLC Weld 4379583 10/13/2017 . 10/13/2020 08N 59W 030 NE/4 160 DPOC- 0217 Estate of Harry Richard Farr, William R. Farr as executor DPOC, LLC Weld 4348504, 4381351 10/25/2017 10/25/2020 08N 59W 029 W/2 lying south ROW of RR 201.64 DPOC- 0217 Estate of Harry R. Farr as executor 4348504, 4381351 W/2 lying of RR DPOC- 0218 John Daven Farr, a married man dealing in his sole and separate property DPOC, LLC Weld 4381350, 4355205 10/25/2017 10/25/2020 08N 59W 029 W/2 lying south ROW of RR 201.64 DPOC- 0218 John Daven Farr, a married man dealing in his sole and separate property DPOC, LLC Weld 4381350, 4355205 10/25/2017 10/25/2020 08N 59W 029 W/2 lying north ROW of RR 118.36 DPOC- 0219 Randal James Farr, dealing in his sole and separate property DPOC, LLC Weld 4358565, 4381346 10/25/2017 10/25/2020 08N 59W 029 W/2 lying south ROW of RR 201.64 DPOC- 0219 Randal James Farr, dealing in his sole and separate property DPOC, LLC Weld 4358565, 4381346 10/25/2017 10/25/2020 08N 59W 029 W/2 lying north ROW of RR 118.36 DPOC- 0220 William Robert Farr, dealing in his sole and separate property DPOC, LLC Weld 4381345, 4348505 10/25/2017 10/25/2020 08N 59W 029 Wg lying south ROW of RR 201.64 a) CC) CD w 0 N O1 O1 O1 CO 03 O N N O O w O E-2-13 DPOC- 0220 William Robert Farr, dealing in his sole and separate property DPOC, LLC Weld 4381345, 4348505 10/25/2017 10/25/2020 08N 59W 029 W/2 lying north ROW of RR 118.36 DPOC- 0309 Weld County, Colorado, a political subdivision of the State of Colorado, acting by and through the Board of County Commissioners of the County of Weld, for its respective interests DPOC, LLC Weld 4370659 1/17/2018 1/17/2021 08N 59W 030 E/2SE/4 80 DPOC- 0309 Weld County, Colorado, a political subdivision of the State of Colorado, acting by and through the Board of County Commissioners of the County of Weld, for its respective interests DPOC, LLC Weld 4370659 1/17/2018 1/17/2021 08N 59W 030 NE/4 160 DPOC- 0544a BIA Minerals, LLC DPOC, LLC Weld 4357501, 4379245 12/4/2017 12/4/2020 08N 60W 024 SE/4 160 DPOC- 0679 Beth Martin, a/k/a Beth Ann Martin, a married woman dealing in her sole and separate property DPOC, LLC Weld 4409084 12/1/2018 12/1/2021 08N 59W 032 5/2 320 DPOC- Lutin Curlee Family Partnership LTD., a partnership DPOC, LLC Weld 4411643, 6/25/2018 6/25/2021 08N 59W 030 LOT 1; NE/4NW/4 /4 ADA N/2NW/4 83.3 DPOC- 0722 Rearden Minerals, LLC DPOC, LLC Weld 4457099 8/30/2018 8/30/2022 08N 59W 032 S/2N/2 160 E-2-14 m CO cD 0 U7 DPOC- 0794 Lisa Kaplan, a married woman dealing in her sole and separate property DPOC, LLC Weld 4462848 12/15/2018 12/15/2021 08N 59W 032 S/2 320 DPOC- 0813 Estate of Bennet R. Houston, Deceased DPOC, LLC Weld 4454870 11/1/2018 11/1/2021 O8N 59W 032 S/2 320 DPOC- 0816 Eugene G. Miller, a married man dealing in his sole and separate property DPOC, LLC Weld 4444752 10/26/2018 10/26/2021 08N 59W 032 S/2 320 DPOC- 0818 The Rogers Family, LLC DPOC, LLC Weld 4444750 10/26/2018 10/26/2021 08N 59W 032 5/2 320 DPOC- 0820 The Dewey E. Miller and Lourene E. Miller Trust, UTD March 16, 2001 DPOC, LLC Weld 4444760 10/26/2018 10/26/2021 08N 59W 032 5/2 320 DPOC- 0822 Katherine Apland, a married woman dealing in her sole and separate property DPOC, LLC Weld 4444976 10/26/2018 10/26/2021 08N 59W 032 S/2 320 DPOC- 0823 Betty Meek, a widow DPOC, LLC Weld 4444777 10/26/2018 10/26/2021 08N 59W 032 S/2 320 DPOC- 0826 Joel W. Kuehn, a/k/a Joel William Kuehn, a/k/a Joel Kuehn and Shannon D. Kuehn, a/k/a Shannon Dee Kuehn, husband and wife DPOC, LLC Weld 4451772 12/1/2018 12/1/2021 08N 59W 032 5/2 320 DPOC- 0827 John Kuehn, a/k/a John L. Kuehn, a/k/a John Lee Kuehn, a single man DPOC, LLC Weld 4451307 12/1/2018 12/1/2021 08N 59W 032 S/2 320 DPOC- 0830 Janette Kuehn, a/k/a Janette M. Kuehn and John Kuehn, a/k/a DPOC, LLC Weld 4462899 12/7/2018 12/7/2021 08N 59W 032 5/2 320 Wd 917:£0 OZOZ/L6/60 E-2-15 John M. Kuehn, wife and husband DPOC- 0832 Jill M. Smith, f/k/a Jill Boner, f/k/a Jill Kuehn and Jerry J. Smith, wife and husband DPOC, LLC Weld 4462904 12/22/2018 12/22/2021 O8N 59W 032 5/2 320 DPOC- 0852 Julia Pavelka, a/k/a Julia M. Pavelka, f/k/a Julia Kuehn and John Pavelka, a/k/a John T. Pavelka, wife and husband DPOC, LLC Weld 4452044 12/1/2018 12/1/2021 08N 59W 032 S/2 320 DPOC- 0854 Mountain States Minerals (Richard Doty) DPOC, LLC Weld 4449985 11/28/2018 11/28/2021 08N 60W 022 SW/4 160 DPOC- 0888 Robin Niles, dealing in her sole and separate property DPOC, LLC Weld 4467941, 4467942 2/6/2019 2/6/2022 08N 59W 029 W/2 lying south ROW of RR 201.64 DPOC- 0888 Robin Niles, dealing in her sole and separate property DPOC, LLC Weld 4467941, 4467942 2/6/2019 2/6/2022 08N 59W 029 W/2 lying north ROW of RR 118.36 DPOC- 0914 Robert Russo, Jr, dealing in his and separate property DPOC, LLC Weld 4467822, 4467824 2/6/2019 2/6/2022 08N 59W 029 W/2 lying south ROW of RR 201.64 DPOC- 0914 Robert Russo, Jr, dealing in his and separate property DPOC, LLC Weld 4467822 4467824 2/6/2019 2/6/2022 08N 59W 029 W/2 lying north ROW of RR 118.36 DPOC- 0920 Gina Russo, dealing in her sole and separate property DPOC, LLC Weld 4467821, 4467828 2/6/2019 2/6/2022 08N 59W 029 W/2 lying south ROW of RR 201.64 DPOC- 0920 Gina Russo, dealing in her sole and separate property DPOC, LLC Weld 4467821 4467828 2/6/2019 2/6/2022 08N 59W 029 W/2 lying north ROW of RR 118.36 DPOC- 0922 Heidi Godshall, dealing in her sole DPOC, 4468146, 4468145 W/2 lying of RR 0) CO CD O) 0 cn O (71 O O, O N O O w O E-2-16 and separate property DPOC- 0922 Heidi Godshall, dealing in her sole and separate property DPOC, LLC Weld 4468146, 4468145 2/6/2019 2/6/2022 08N 59W 029 W/2 lying north ROW of RR 118.36 DPOC- 0940 Mountain States Minerals (Riddell), Mountain States Minerals (McCulliss) DPOC, LLC Weld 4469523, 4473415 2/15/2019 2/15/2022 08N 59W 031 SW/4 160 DPOC- 0940 Mountain States Minerals (Riddell), Mountain States Minerals (McCulliss) DPOC, LLC Weld 4469523, 4473415 2/15/2019 2/15/2022 08N 59W 031 NW/4 160 DPOC- 0943 Hampton Royalties, LLC DPOC, LLC Weld 4472748 2/1/2019 2/1/2022 08N 59W 031 E/2 & E 15 AC E/2W/2 335 DPOC- 0949 Mark D. Smith and Michelle R. Smith DPOC, LLC Weld 4472839 2/18/2019 2/18/2022 08N 59W 031 SW/4 160 DPOC- 0949 Mark D. Smith and Michelle R. Smith DPOC, LLC Weld 4472839 2/18/2019 2/18/2022 08N 59W 031 NW/4 160 DPOC- 0950 Stellar Resources, LLC DPOC, LLC Weld 4472840 2/18/2019 2/18/2022 08N 59W 031 SW/4 160 DPOC- 0950 Stellar Resources, LLC DPOC, LLC Weld 4472840 2/18/2019 2/18/2022 08N 59W 031 NW/4 160 DPOC- 0959 K.P. Haueter, individually and as Trustee of the Lucy Ann P. Haueter Family Trust DPOC, LLC Weld 4477640 3/26/2019 3/26/2022 08N 59W 030 LOTS 2-4; SE/4 NW/4; E/2SW/4; W/2SE/4 330.62 DPOC- 0986 Lester L. Thomas a/k/a Lester Thomas a/k/a Les Thomas and Mary L. Thomas, husband and wife DPOC, LLC Weld 4482281 1/9/2019 1/9/2022 08N 59W 032 5/2 320 E-2-17 DPOC- 0999 McCulliss Resources Co. Inc. DPOC, LLC Weld 4483801 3/8/2019 3/8/2022 08N 59W 029 W/2 lying south ROW of RR 201.64 DPOC- 0999 McCulliss Resources Co. Inc. DPOC, LLC Weld 4483801 3/8/2019 3/8/2022 08N 59W 029 W/2 lying north ROW of RR 118.36 DPOC- 1002 Catamount Resources, LLC d/b/a Catamount Ventures DPOC, LLC Weld 4483796 3/8/2019 3/8/2022 08N 59W 031 NW/4 160 DPOC- 1003 S.A.H.F. Resources, LLC DPOC, LLC Weld 4483807 3/8/2019 3/8/2022 08N 59W 031 NW/4 160 DPOC- 1005 Catamount Resources, LLC d/b/a Catamount Ventures DPOC, LLC Weld 4483797 3/8/2019 3/8/2022 08N 59W 030 LOTS 2-4; SE/4 NW/4; E/2SW/4; W/2SE/4 330.62 DPOC- 1006 McCulliss Oil and Gas, Inc, DPOC, LLC Weld 4483799 3/8/2019 3/8/2022 08N 59W 029 W/2 lying south ROW of RR 201.64 DPOC- 1006 McCulliss Oil and Gas, Inc. DPOC, LLC Weld 4483799 3/8/2019 3/8/2022 08N 59W 029 W/2 lying north ROW of RR 118.36 DPOC- 1010 S.A.H.F. Resources, LLC DPOC, LLC Weld 4483806 3/8/2019 3/8/2022 08N 59W 030 LOTS 2-4; SE/4 NW/4; E/2SW/4; W/25E/4 330.62 DPOC- 1054 William L. Thomas, a/k/a William Lee Thomas, a/k/a William Thomas, a/k/a Bill Thomas, dealing in his sole and separate property DPOC, LLC Weld 4488689 4/23/2019 4/23/2022 08N 59W 032 5/2 320 DPOC- 1079 George G. Vaught Jr., a single man DPOC, LLC Weld 4494412 3/8/2019 3/8/2022 08N 59W 029 W/2 lying south ROW of RR 201.64 E-2-18 0) CD 0, 0 N O1 W/2 lying DPOC- 1079 George G. Vaught Jr., a single man DPOC, LLC Weld 4494412 3/8/2019 3/8/2022 08N 59W 029 north ROW of RR 118.36 DPOC- 1088 Drew W. Thomas DPOC, LLC Weld 4497251 4/23/2019 4/23/2022 08N 59W 032 5/2 320 Crystal Harris a/k/a Crystal M. Thomas, a/k/a Crystal Marie DPOC- 1099 Thomas, a/k/a Crystal Thomas, a woman dealing in her sole and separate property DPOC, LLC Weld 4502458 4/23/2019 4/23/2022 08N 59W 032 5/2 320 William J. Doenz, as Trustee of the Morning LOTS 2-4; SE/4 NW/4; MGE- William J. Doenz Real Gun Weld 4316024 3/7/2017 3/7/2020 08N 59W 030 330.62 0001 Estate Trust, dated January 27, 1992 Exploration, LLC E/25W/4; W/2SE/4 BOKF, NA, Successor Morning LOT1; MGE- 0002 Trustee of the Klein Family Reconstituted Mineral Trust Gun Exploration, LLC Weld 4287992 1/11/2017 1/11/2021 08N 59W 030 NE ADA /4 N/2NW/4 83.3 E-2-19 v Co CD Co O N Exhibit B Excluded Wells E-2-20 Exhibit B Excluded Wells Attached to and made a part of that certain Assignment, Bill of Sale and Conveyance dated effective December 1, 2019 by and between DPOC, LLC and Mallard Exploration, LLC (collectively, "Assignor") and Bison Oil & Gas II, LLC ("Assignee") Well Name API Number Operator Name Township Range Section Castor 8-59 #19-24-12 05-123-45842 Bison Oil & Gas II LLC 8N 59W 19 Castor 8-59 #19-24-16 05-123-45855 Bison Oil & Gas II LLC 8N 59W 19 CO cc� m N O N O1 E-2-21 .rte O1 O1 Co CO Exhibit C Surface Rights 171 CD al CO al C°CO N O3 O � O N � CJ1 v 0 N 0 0 G) 0) E-2-22 Exhibit C Surface Rights Attached to and made a part of that certain Assignment, Bill of Sale and Conveyance dated effective December 1, 2019 by and between DPOC, LLC and Mallard Exploration, LLC (collectively, "Assignor") and Bison Oil & Gas II, LLC ("Assignee") Owner .Operator Marvin E. Allred and Carlotta Allred Bison Oil & Gas II, LLC Effective Date 8/15/2017 E-2-23 Reception Number 4336061 Township, 08N 'Range.. 59W Section 30 Lands NW/4 Exhibit D Contracts and Agreements E-2-24 Exhibit D Contracts and Agreements Attached to and made a part of that certain Assignment, Bill of Sale and Conveyance dated effective December 1, 2019 by and between DPOC, LLC and Mallard Exploration, LLC (collectively, "Assignor") and Bison Oil & Gas II, LLC ("Assignee") Joint Operating Agreement Township 8 North, Range 59 West, 6th P.M. Section 19: Lots 1, 2, 3, 4, E/2W/2, E/2 Township 8 North, Range 60 West, 6th P.M. Section 24: NE/4, SE/4 10/10/2017 E-2-25 DPOC, LLC Bison Oil & Gas Weld CO Hello