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874 1795969 66, ,4e.tats;,
Rec. No. 0
3 - I CY—
State of Colorado, Weld County Clerk & Recorder
ASSIGNMENT OF OIL AND GAS LEASES
CN KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the undersigned, E. B. O'HARA, whose address is 2904
cN Lincoln Center Building, 1660 Lincoln Street, Denver, Colorado 80264,
hereinafter called"Assignor", is the owner of the oil and gas leases
described in Exhibit A attached hereto and incorporated herein by this
`A reference, insofar and only insofar as said leases cover the interests
in the lands described in said Exhibit A situate in Weld County, Colorado.
O
ri NOW, THEREFORE, the said Assignor, for and in consideration of
rn the sum of Ten Dollars ($10.00) and other good and valuable considerations
to him in hand paid by ENERGY MINERALS CORPORATION, a Colorado corporation,
O whose address is 1630 Denver Club Building, Denver, Colorado 80202, herein-
after called "Assignee", the receipt and sufficiency of which are hereby
confessed and acknowledged, has sold, assigned and conveyed and by these
cr. presents does hereby sell, assign and convey unto the said Assignee all
of the Assignor's right, title and interest in and to the oil and gas
1 leases described on Exhibit A insofar as they cover the lands described
:- in Exhibit A situate in Weld County, Colorado.
TO HAVE AND TO HOLD the same unto the said Assignee, its succes-
sors and assigns, subject, however, to the following reservations, terms
and conditions:
1. Assignor reserves an overriding royalty interest in the amount
of 22% of 8/8ths in and to the oil, gas and other minerals which may be pro-
duced and saved from the above described lands under the terms of the above
described oil and gas leases, which overriding royalty interest shall be in-
clusive of and not in addition to the lessor's royalty reserved in such
leases and any and all overriding royalty interests previously reserved
and conveyed. Said overriding royalty interest shall be subject to propor-
tionate reduction to the extent that the interest covered by each particular
lease bears to the full and undivided mineral fee estate under the lands
covered by said lease and shall further be subject to proportionate reduc-
tion to the extent that the interest of the Assignor in any particular lease
bears to the full working interest in such lease. Any overriding royalty in-
terest reserved herein in excess of the royalty interest provided for in the
lease shall apply to any extensions or renewals of the oil and gas leases de-
scribed in Exhibit A or any new leases taken in lieu thereof and shall be pay-
able to present owners of said overriding royalty interests.
2. This assignment is made without warranty of title, either ex-
press or implied.
3. If a well capable of producing oil, gas or other hydrocarbons
in paying quantities shall be completed on land other than the assigned
premises and within 660 feet of any boundary of the assigned premises in the
case of an oil well, or within 1320 feet of any boundary of the assigned
premises in case of a gas or gas and condensate well, within 120 days after
the date of first production from such well or 120 days from June 29, 1979,
whichever is later, Assignee shall commence operations for, and shall there—
after diligently prosecute the drilling of an offset well (which offset well
shall be on the assigned premises and within 660 feet in case the well to
be offset is an oil well, or within 1320 feet in case the well to be offset
is a gas or condensate well, of the common boundary between the assigned
premises and the land on which said well to be offset is located or at such
location as approved operating practices may require in the light of then
available subsurface information for the proper protection from drainage
of the assigned premises) or, on demand of Assignor, surrender this lease
as to that portion of the assigned premises located within the forty (40)
acre tract, if the well to be offset is an oil well, or within the one hun—
dred sixty (160) acre tract if the well to be offset is a gas or condensate
well, designated by Assignor, which forty (40) acre or one hundred sixty
(160) acre tract shall be, as nearly as practicable, in the form of a square
'7900A2
' ' 874 1'795969
3c
with the offset location at the center thereof. The offset distances
above mentioned and the acreage to be surrendered as above provided are
computed on the basis of a hypothetical pattern of forty (40) acres in
case of an oil well and one hundred sixty (160) acres in case of a gas or
condensate well. In the event the assigned premises should be in any field
where a drilling pattern has been established by any State or Federal govern-
mental authority whereunder said field is being drilled or developed ac-
cording to a smaller or larger drilling pattern than forty (40) acres for
an oil well or one hundred sixty (160) acres for a gas or condensate well,
then the offset distances above mentioned and the acreage to be surrendered
as above provided shall be diminished or enlarged accordingly. Any offset
well drilled by Assignee hereunder shall be drilled into the same producing
zone or zones as the producing zone or zones of the well to be offset and
shall thereafter be operated in such manner as to provide proper protection
from drainage to the assigned premises; provided, however, the above clause
shall not be applicable to the assignment of any oil and gas leases cover-
ing lands located in Section 27, Township 3 North, Range 62 West, 6th P.M.
Assignee shall not be required to comply with the provisions of this para-
graph, if it has either previously drilled on the assigned premises an off-
setting producing well or a well capable of producing, to the required depth
at, or within a reasonable distance from, the location described above; or
it is prevented from drilling such offsetting well because of any lawful
rule or order of any State or Federal governmental authority. However, if
the assigned premises do not comprise or consist of the entire oil, gas
and other hydrocarbons in any one of the applicable tracts described above,
then Assignee shall not be obligated to surrender this lease as to that por-
tion of the assigned premises located within any such tract, if Assignee is
diligently seeking the right to drill on such tract from the outstanding
drilling and operating rights to all of the oil, gas and other hydrocarbons
in any such tract and commences operations for the drilling of such required
offset well within two (2) years from either the date of first production
of such well completed on land other than the assigned premises within the
applicable distances described above or two (2) years from June 29, 1979,
whichever is later.
4. If the Assignee desires to surrender any of the oil and gas
leases described in this assignment in whole or in part, then Assignee shall
give written notice by certified mail to such effect at least ninety (90)
days in advance of the anniversary date of said lease. Upon written re—
quest of Assignor within thirty (30) days after the receipt of such notice
from the Assignee, Assignee shall reassign to Assignor the interests which
the Assignee desires to relinquish and surrender.
5. This assignment is made subject to the terms and provisions
of an Agreement dated May 18, 1979 by and between Assignor and Assignee
and other parties, and to all the rights of the Assignor reserved therein.
IN WITNESS WHEREOF, this assignment is executed this 29th day of
June, 1979.
E. B. O'Hara
STATE OF COLORADO )
CITY AND ss.
COUNTY OF DENVER )
7/- The foregoing instrument was acknowledged before me this 29th
. day of June, 1979 by E. B. O'Hara.
1) .11. {
C `=
My-Con iijsion Expires: Notary ry Futlie
May 14, 1982
'o°°4-874 _ 1795969
3-3
EXHIBIT A
Attached to and made a part of Assignment of Oil and Gas Leases by and
between E. B. O'Hara as Assignor and Energy Minerals Corporation as
Assignee.
Lessor: Weld County Board of County Commissioners
Lessee: E. B. O'Hara
Date: Janaury 29, 1977
Expiration Date: January 29, 1982
Recorded: January 7, 1977 under Reception No. 1708284
Lands Covered: Township 3 North, Range 61 West, 6th P.M.
Section 5: N1N1 (a/d/a Lots 1, 2, 3 and 4)
Gross Acres: 160.20
Net Acres: 160.20
Royalty: 1/8th
ORRI Outstanding: 9.50X
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