HomeMy WebLinkAbout20160729.tiff DIVISION ORDER
ARM ENERGY MANAGEMENT LLC 12/11/2015
ExTex Division Order Services
17301 W Colfax Ave, #406 RECEIVED
Golden, CO 80401
Nic Pade (303)463-8799 x 1026 DEC 18 2015
FAX (303-463-8808)
WELD COUNTY
COMMISSIONERS
WELD COUNTY Owner Number: 11264A
A POLITICAL SUBDIVISON OF THE STATE OF Type of Interest: R
COLORADO Decimal Interest: 0.00059380
915 10TH ST 3RD FLOOR
GREELEY, CO 80631
Property#: 10140A
Property Name: BARNEY 7
Effective Date: 11/01/2015
Operator: HRM RESOURCES II LLC
Legal Description:
T6N,R66W,SEC 23:SESW
WELD COUNTY, CO
Production: Oil: Y
The undersigned certifies the ownership of their decimal interest in production or proceeds as described above.
Payor shall be notified, in writing, of any change in ownership, decimal interest, or payment address. All such
changes shall be effective the first day of the month following receipt of such notice.
Payor is authorized to withhold payment pending resolution of a title dispute or adverse claim asserted regarding
the interest in production claimed herein by the undersigned. The undersigned agrees to indemnify and
reimburse Payor any amount attributable to an interest to which the undersigned is not entitled.
Payor may accrue proceeds until the total amount equals $25.00, or pay annually whichever occurs first, or as
required by applicable state statutes.
This Division Order does not amend any lease or operating agreement between the undersigned and the lessee
or operator or any other contracts for the purchase of oil or gas.
In addition to the terms and conditions of this Division Order, the undersigned and Payor may have certain
statutory rights under the laws of the state in which the property is located.
SIGNATURE: rl
FEB 2 v24
BOARD OF WE D COUNTY COMMISSIONERS, ':, 'E IELa
Weld County Government
1150"O"Street
ATTEST: `! #' Greeley,CO 80634
CLERK OAR I , �d�q � Phone:970-336-7204
BY: ISM �� ��J e11/4g) Fax:970-336-7233
Tax ID:84-6000-813
DEPUTY CLERK T THE BOAR
AO-
Federal law requires you to ur is ' our :ocial Security or axpayer Identification Number.
ilur to comply will result in a tax oithholding and will not be refundable by Payor.
Modified NADO Model Form Division Order Adopted 9/1995
O'WZ9
02,02-y-
DIVISION ORDER
ARM ENERGY MANAGEMENT LLC 12/11/2015
% ExTex Division Order Services
17301 W Colfax Ave, #406
Golden, CO 80401
Nic Pade (303)463-8799 x 1026
FAX (303-463-8808)
WELD COUNTY Owner Number: 11264A
A POLITICAL SUBDIVISON OF THE STATE OF Type of Interest: R
COLORADO Decimal Interest: 0.00059380
915 10TH ST 3RD FLOOR
GREELEY, CO 80631
Property#: 10140A /Ap\ 05-123_ 454)5
Property Name: BARNEY 7 V
Effective Date: 11/01/2015
Operator: HRM RESOURCES II LLC
Legal Description:
T6N.R66W,SEC 23:SESW
WELD COUNTY, CO
Production: Oil: Y
The undersigned certifies the ownership of their decimal interest in production or proceeds as described above.
Payor shall be notified, in writing, of any change in ownership, decimal interest, or payment address. All such
changes shall be effective the first day of the month following receipt of such notice.
Payor is authorized to withhold payment pending resolution of a title dispute or adverse claim asserted regarding
the interest in production claimed herein by the undersigned. The undersigned agrees to indemnify and
reimburse Payor any amount attributable to an interest to which the undersigned is not entitled.
1
Payor may accrue proceeds until the total amount equals $25.00, or pay annually whichever occurs first, or as
required by applicable state statutes.
This Division Order does not amend any lease or operating agreement between the undersigned and the lessee
or operator or any other contracts for the purchase of oil or gas.
In addition to the terms and conditions of this Division Order, the undersigned and Payor may have certain
statutory rights under the laws of the state in which the property is located.
YOUR COPY
Federal law requires you to furnish your Social Security or Taxpayer Identification Nur 2016-0729
Failure to comply will result in a tax withholding and will not be refundable by Payc
Modified NADO Model Form Division Order Adopted 9/1995
Carvwd q LE070 3
a-aa-lip
EXTEX
Land and Administration LLC
17301 W Colfax Ave No 406 303-463-8799
Golden,CO 80401 FAX 303-463-8808
RE: EFFECTIVE WITH NOVEMBER 2015 PRODUCTION, ARM ENERGY
MANAGEMENT LLC WILL BE PURCHASING FROM THE ATTACHED
DIVISION ORDERS. HRM RESOURCES WILL BE OPERATOR.
December 14, 2015
The enclosed Division Order has been prepared on the basis of documentation provided.
Please examine the Division Order for accuracy. If you are in agreement with the interest
set forth, execute the original, retaining the copy provided for file and future reference. A
correct mailing address and Social Security or Tax Identification Number is required and
should be included in the spaces provided. The executed original should then be returned
to our office.
Upon receipt of the properly executed Division Order, your interest will be placed into
pay on the 20th day of the following month, providing that the accruals to your interest
amount to at least $25.00.
We are also enclosing a form W-9 for tax identification purposes. Please be sure to fill
out the W-9 completely and return the original to ExTex when returning your executed
division order for payment.
Please refer to our lease number and your owner number in any communication with our
company so that we can respond promptly.
Very truly yours,
Nic Pade
ExTex Land and Administration LLC,
303-463-8799 x 1026
/np
Division Order and/or Title Inquiries
Lorrie Johnson 303-463-8799 x 1026
Nic Pade 303-463-8799 x 1026
Dennis M. Pade Chris C. Pennels Boyd K. Sanstra
Manager Manager Manager
Karla Ford
From: Frankie Martinez <fmartinez@hrmres.com>
Sent: Tuesday, February 16, 2016 4:10 PM
To: Karla Ford; 'nic pade'
Cc: jpaul@hrmres.com
Subject: RE: 3rd Request - Arm Energy Mgmt - Weld County - Barney 7 DO
Attachments: DOTO Barney#7 Secs 23-26-6N-66W 20081202.pdf
Karla
The Weld County lease is referenced on page 29 of 61 (Lease#7) of the attached title opinion. It turns out that
this lease belongs to Noble Energy, so it won't be on the assignment I just sent you. We do not have a copy of
the lease, so we don't know if an acreage total is given. Based on the calculations on page 10 of 61 —the Weld
County acreage is 0.57 acres. Presumably you know the size of that parcel of land. The lease royalty is one-
sixth (0.1666).
The tract of land credited to Weld County is on page 21 of 61 (Tract X).
On page 10 of 61 you will find the calculation of interest. It goes like this ;
0.57 acres/160 acres*0.16666667 royalty. This means that the Weld County Parcel is .57 acres in total, and the
spacing unit is 160 acres in total. Therefore, .057/160= 3.5625% (.0035625) of the total land in the spacing unit
is credited to Weld County. You then take the percentage of land and multiply it by the royalty
(.0035625*.16666667= 0.00059375) which got rounded to 0.0005938.
I hope this helps.
Ms. Frankie L. Martinez
Landman 1 HRM Resources, LLC 410 17th Street, Suite 1100 Denver, CO 80202
P (303) 893-6621 I F (303) 893-6892 I E fmartinez@hrmres.com
1
BJORK • LINrDLEY • LITTLE • Pc
LAWYERS
PETER A. DJ oreh 'Also admitted in W\nn nit tl{
L.0i r[5 LINDLEY \iso aril-hilted in the District of Columbia
DA%ID R. LITTLE "Also admitted in NEW Mexico
ROBERT C. M.ATJJES'
DARIN B.SCHEER'
KATHLEEN C.SCHRODER
JILL D. C.ANTN'AY'
MAUDE:V'D. GROoe'
KEENA\CnJI'LErr
SARAH SORL'M
December 2, 2008
DIVISION ORDER TITLE OPINION
Foundation Energy Management,LLC
1900 Grant Street, Suite 1120
Denver, CO 80203
Attention: Mr. David L. Richardson, Landman
Re: Barney No. 7 Well
S/2SW/4 Section 23, N/2NW/4 Section 26-6N-66W
Weld County, CO
Gentlemen:
Pursuant to your request we have examined title to the following described lands
located in Weld County, Colorado, for division order purposes, and give you our opinion
thereon as follows:
DESCRIPTION
Township 6 North, Range 66 West, 6th P.M.
Section 23: S/2SW/4
Section 26: N/2NW/4
containing 160.00 acres, more or less
Note: For the purposes of identification and convenience we have further delineated the
lands as Tracts 1, I1, [It, IV, V, VI, VII, VIII, IX and X, as follows:
TRACT I
Township 6 North, Range 66 West, 6th P.M.
Section 23: SW/4SW/4
containing 40.00 acres, more or less
1 600 STOUT STREET•SUITE 1400•DENVER, COLORADO 80202-3110
TELEPHONE: 303-892-1400•NACSINILE: 303-892-1401 •vv,..c bi0rk ind;eo con'
BJORK • LINDLEY • LITTLE • PC
LAWYERS
PETER A. BIOHK' 'Also admitted in wvc)mil1g
LLNDLEY Aiso admnled in It District o1 Columoia
DAVID H. LITTLE Also admillyd in New Mexico
RORERT C. M:\T:IES''
DARIN B. SCHEER'
KATHLEEN C. SCHRODER
.TILL D. C.,\Teti }'' i\v
MATTHPv.'D GROv'E' a Li t 1Z '2 D e
KEENAN C OPPLE°'
SARAH SORUNI
December 2, 2008 ORIGINAL
Foundation Energy Management,LLC
1900 Grant Street, Suite 1120
Denver, CO 80203
Attention: Mr. David L. Richardson, Landman
Re: Barney No. 7 Well
S/2SW/4 Section 23, N/2NW/4 Section 26-6N-66W
Weld County, CO
Dear Dave:
Enclosed please find the Division Order Title Opinion for the above referenced lands.
Also enclosed is our invoice for the same.
Please call if you have any questions.
Very truly urs,
BJOR LEY LITTLE PC
P er A. Bjork
Enclosures
PAB:jlj
1600 STOCT STREET•SCITE 1 400•DENVER, COLORADO 80202-31 10
TELEPHONE:303-892-1400•FACSIMILE: 303-892-1401 •Www.bjorklindlev.com
Foundation Energy Management, LLC Page 2
December 2, 2008
TRACT II
Township 6 North,Range 66 West, 6th P.M.
Section 23: SE/4SW/4, except Tracts III,
IV and V, described below.
containing 33.71 acres, more or less
TRACT III
Township 6 North, Range 66 West, 6th P.M.
Section 23: A tract of land located in the
SE/4SW/4, being further
described as follows:
Commencing at the S/4 Corner of said
Section 23, and considering the East line of
the SW/4 of said Section 23 to bear North
00°20'50" East, with all bearings herein
being relative thereto: thence North
00°20'50" East, along the East Line of the
SW/4 of said Section 23, a distance of
1104.47 feet; thence North 89°39'10"West,
607.80 feet to the True Point of Beginning;
thence South 11°21'49" East, 206.94 feet;
thence South 23°54'52" East, 48.67 feet;
thence North 89°39'10" West, 212.00 feet;
thence North 00°20'50" East, 247.00 feet;
thence South 89°39'10"East, 150.00 feet to
the True Point of Beginning.
containing 1.00 acres, more or less
TRACT IV
Township 6 North,Range 66 West, 6th P.M.
Section 23: A parcel of land in the SW/4,
more particularly described as
follows:
Beginning at the Southeast Corner of the W/2
of Section 23; thence North 00°20'50"East,
857.47 feet; thence North 89°39'10" West,
545.80 feet to the True Point of Beginning;
Foundation Energy Management,LLC Page 3
December 2, 2008
thence North 89°39'10" East, 67.92 feet;
thence South 00°20'49" East, 300.00 feet;
thence South 89°39'10" West, 222.47 feet;
thence North 26°54'31"East, 337.47 feet to
the True Point of Beginning.
containing 1.00 acres, more or less
TRACT V
Township 6 North, Range 66 West, 6th P.M.
Section 23: That part of the following
described lands located
within the SE/4SW/4:
Beginning at a point on the West one quarter
one quarter line in Section 23, whence the
one quarter one quarter corner of the South
line of said section bears due South 277.5
feet;thence as follows around high-water line
of said reservoir North 22°37' East 484.9
feet; thence North 2°29' West 1038.4 feet;
thence North 57°16' West 164.7 feet to 1/4
1/4 line; thence due South along said 1/4 1/4
line 1573.7 feet to place of beginning.
containing 4.29 acres, more or less
TRACT VI
Township 6 North, Range 66 West,6th P.M.
Section 26: NE/4NW/4,except Tracts VII
and VIII, described below.
containing 37.893 acres, more or less
TRACT VII
Township 6 North,Range 66 West,6th P.M.
Section 26: A tract of land located in the
NW/4,being more particularly
described as follows:
Foundation Energy Management,LLC Page 4
December 2, 2008
Beginning at the North Quarter Corner of
said Section 26 and considering the North
line of said Northwest Quarter to bear North
90°00'00" East, with all other bearings
contained herein being relative thereto;
thence South 01°10'31" East, more or less,
218.82 feet along the East line of said
Northwest Quarter to a point being 2 feet,
more or less, North of the north edge of a
concrete irrigation ditch; thence westerly
parallel with said ditch by the following three
(3) courses: South 89°08'13" West, 87.48
feet, more or less; North 51°03'25" West,
60.21 feet; South 89°10'55" West, 97.96
feet; thence North 02°12'26" West, 183.78
feet to a point on the North line of said
Northwest Quarter; thence North 90°00'00"
East, 234.84 feet to the point of beginning.
containing 1.072 acres, more or less
TRACT VIII
Township 6 North,Range 66 West, 6th P.M.
Section 26: A tract of land more
particularly described as
follows:
Commencing at the North Quarter Corner of
said Section 26 and considering the North
line of said NW/4 to bear South 90°00'00"
West, with all other bearings contained
herein being relative thereto; thence South
90°00'00" West, 234.84 feet to the True
Point of Beginning; thence South 02°12'26"
East, 183.78 feet to a point being 2 feet more
or less, North to the north edge of concrete
irrigation ditch;thence westerly and northerly
parallel with said ditch by the following two
courses: South 89°10'55"West 245.27 feet;
North 00°55'52"West 187.17 feet to a point
on the North line of said NW/4;thence North
90°00'00"East 241.21 feet to the True Point
Foundation Energy Management, LLC Page 5
December 2, 2008
of Beginning.
containing 1.035 acres, more or less
TRACT IX
Township 6 North, Range 66 West, 6th P.M.
Section 26: NW/4NW/4, except Tract X
described below.
containing 39.43 acres, more or less
TRACT X
Township 6 North,Range 66 West, 6`h P.M.
Section 26: A triangular tract of land in the
Northeast Corner of the
W/2NW/4NW/4, being more
particularly described as
follows:
Beginning at a point on the South line of the
county road on the North of said
W/2NW/4NW/4,30 feet,more or less,South
of and 426 feet, more or less, East of the
Northwest Corner of said Section 26, said
point being 50 feet southwesterly of when
measured at right angles to the centerline of
the Denver, Laramie & Northwestern
Railroad, as the same is now located,
surveyed and staked out over and across the
W/2NW/4NW/4; thence South 47°21' East
50 feet from and parallel to said centerline
320 feet, more or less, to a point on the East
line of said W/2NW/4NW/4; thence North
on said East line 212 feet,more or less,to the
South line of said county road; thence East
on said South line 235 feet, more or less, to
the point of beginning.
containing 0.57 acres, more or less.
Foundation Energy Management, LLC Page 6
December 2, 2008
MATERIALS EXAMINED
1. We examined the Supplemental Drilling Title Opinion dated May 5, 1993,
prepared by Clanahan,Tanner, Downing and Knowlton, Attorneys, Denver, Colorado and
directed to SOCO Wattenburg Corporation, covering all of Tract I. This examination was
based upon prior title opinions, and upon examination of the records of the Clerk and
Recorder of Weld County, Colorado, covering the Tract I lands for the total period of time
from inception of records to April 5, 1993 at 7:00 a.m. The opinion is limited to
formations from the surface of the Earth to the base of the Codell formation.
2. We examined the Division Order Title Opinion dated February 3, 1983,
prepared by Lind and Ottenhoff,Attorneys,Greeley,Colorado,covering the Tracts II,III,IV
and V lands. This examination was based upon a prior title opinion and upon examination of
the records of the Clerk and Recorder of Weld County, Colorado,covering these lands for
the total period of time from inception of records to January 26, 1983 at 12:01 a.m.
3. We examined copies of title chains prepared by Crews and Zeren,Petroleum
Land Consultants, Greeley, Colorado, and based in turn upon the Tract Indices of
LandAmerica,purporting to cover the Tract I lands for the period of time from April 5, 1993
at 7:00 a.m. and the Tract II,III,IV and V lands for the period of time from January 26, 1983
at 12:01 a.m., all through October 3, 2008 at 7:45 a.m. In addition, Crews and Zeren
provided copies of the pertinent documents covered by these title chains as highlighted in the
title chains themselves. Finally, as to the oil and gas leasehold, since the opinion as to
leasehold in Tract I was limited to formations from the surface of the Earth to the base of the
Codell formation,they provided copies of all documents pertaining to the leasehold as found
in the Tract Indices of LandAmerica, for the period of time from the first recorded lease to
October 3, 2008 at 7:45 a.m.
4. We examined the Division Order Title Opinion dated April 17, 1983,
prepared by James S. Holmberg, Attorney, Denver, Colorado and directed to Bellweather
Exploration Company, covering the lands described as Tracts VI, VII and VIII. This
examination was based upon a prior title opinion and upon supplemental abstract coverage,
covering the Tracts VI, VII and VIII lands for the total period of time from inception of
records to April 21, 1983 at 7:45 a.m.
5. We also examined the Force Pooling Order(Order No. 81-12)entered by the
Colorado Oil and Gas Conservation Commission at to the subject well,as provided by you,
together with the revenue decks provided to you by Noble Energy Production,Inc.as of June
11, 2008 at 2:21 p.m., all related to the Tract I lands.
6. We examined the Supplemental Drilling Title Opinion dated May 10, 1993,
prepared by Clanahan,Tanner, Downing and Knowlton, Attorneys, Denver, Colorado and
directed to SOCO Wattenburg Corporation,covering all of Tracts IX and X. This Opinion
Foundation Energy Management, LLC Page 7
December 2, 2008
was based upon prior title opinions and upon examination of the records of the Clerk and
Recorder of Weld County, covering the Tracts IX and X lands for the total period of time
from inception of records to April 5, 1993 at 7:00 a.m. This opinion is limited to
formations from the surface of the Earth to the base of the Code ll formation.
7. We examined the original Title Opinion dated October 14, 1994,prepared by
Burns, Wall, Smith and Mueller,P.C., attorneys,Denver,Colorado, and directed to Snyder
Oil Corporation, covering all of Tracts IX and X, and other lands, and based in turn upon
personal examination of the records of the Clerk and Recorder of Weld County, Colorado,
covering the lands for the period of time from inception of records to October 4, 1994 at 7:00
a.m.
8. We examined copies of title chains prepared by Crews and Zeren,Petroleum
Land Consultants, Greeley, Colorado, and based in turn upon the tract indices of
LandAmerica, purporting to cover the Tracts VI,VII, VIII,IX and X lands for the period of
time from August 22, 1982 at 7:45 a.m. as to Tracts VI, VII and VIII, and from October 4,
1994 at 7:45 a.m. as to Tracts IX and X,all through October 3,2008 at 7:45 a.m. In addition,
Crews and Zeren provided copies of the pertinent documents covered by these title chains as
highlighted in the title chains themselves. Finally, as to the oil and gas leasehold, they
provided copies of all documents pertaining to the leasehold as found in the tract indices of
LandAmerica, from the first recorded lease down to October 3, 2008 at 7:45 a.m.
9. We also examined numerous additional title materials supplied with the Letter
of Request dated October 14, 2008, including numerous land maps, tax data, and various
corporate history documents pertaining to SOCO Wattenburg Corporation, Patina Oil and
Gas Corporation, Noble Energy Production, Inc. and Noble Energy Inc.
10. We examined the unexecuted and unrecorded Declaration of Pooling as to the
subject Lands, which, when executed and recorded will properly unitize the same for
production from the Barney No. 7 Well, and is limited to the Code11/Niobrara formations.
DIVISION OF PRODUCTION FROM THE WET.T.BORE OF BARNEY NO. 7 WELL
LOCATED ON THE SUBJECT LANDS,FROM THE SURFACE TO THE BASE OF THE
CODELL FORMATION, AS OF OCTOBER 3, 2008 AT 7:45 A.M., ASSUMING A
PROPER DESIGNATION OF UNIT IS EXECUTED AND RECORDED IN WELD
COUNTY:
Heirs or devisees of Herman D. Feit and
Dorothy J. Feit, both deceased
I: 0.0625 x 40/160 0.0156250 LOR
Payne, Inc.
I: 0.025 x 40/160 0.0062500 LOR
Foundation Energy Management, LLC Page 8
December 2, 2008
Mildred Feit
I: 0.03125 x 40/160 0.0078125 LOR
River View Homeowners' Association, Inc.
I: 0.00625 x 40/160 0.0015625 LOR
Adbar Farm Limited Partnership
II: 0.20 x 33.71/160 0.0421375 LOR
James G. Barney
III: 0.20 x 1/160 0.0012500 LOR
Ernest Andrade and JoAnne M. Andrade,
as joint tenants
IV: 0.20 x 1/160 0.0012500 LOR
Nauman Lake Reservoir Company
V: 0.1975 x 4.29/160 0.0052955 LOR
Carroll W. Frenzel and Barbara N. Frenzel,
Trustees under the Frenzel Living Trust
dated August 11, 2008
VI: 0.0625 x 37.893/160 0.0148020 LOR
Daniel Buxman and Mildred L. Buxman,
as joint tenants
VI: 0.0625 x 37.893/160 0.0148020 LOR
Susan R. Albert
VII: 0.125 x 1.072/160 0.0008375 LOR
Errol L. Fisher and Jerre Lee Fisher,
as joint tenants
VIII: 0.125 x 1.035/160 0.0008086 LOR
Michael R. Karrol
IX: 0.03125 x 39.43/160 0.0077012 LOR
Alex W. Karrol
IX: 0.03125 x 39.43/160 0.0077012 LOR
Helen M. Paul
IX: 0.03125 x 39.43/160 0.0077012 LOR
Foundation Energy Management, LLC Page 9
December 2, 2008
Margaret G. Karrol
IX: 0.03125 x 39.43/160 0.0077012 LOR
Weld County, a political subdivision of the
State of Colorado
X: 0.1666667 x 0.57/160 0.0005938 LOR
H.L. Willett
I: 0.11 x 40/160
VI: 0.11 x 37.893/160
VII: 0.11 x 1.072/160
VIII: 0.11 x 1.035/160
IX: 0.11 X 39.43/160 0.0821081 ORI
PDB 1986 Royalty
I: 0.0015603 x 40/160
VI: 0.001875 x 37.893/160
VII: 0.001875 x 1.072/160
VIII: 0.001875 x 1.035/160
IX: 0.001875 x 39.43/160 0.0013209 ORI
Dennis R. Campbell
I: 0.0004167 x 40/160 0.0001042 ORI
David L. Gerry
I: 0.0004167 x 40/160 0.0001042 ORI
Kerry L. Phelps
I: 0.0004688 x 40/160 0.0001172 ORI
Escobar Energy, Inc.
I: 0.0015603 x 40/160 0.0003901 ORI
Robert Ronald Rivers
I: 0.0004167x40/160 0.0001042 ORI
Michael J. Foy
I: 0.0015625 x 40/160 0.0003906 ORI
Noble Energy Production, Inc.
I: 0.0082745 x 40/160 0.0020686 ORI
Foundation Energy Management,LLC Page 10
December 2, 2008
Georgia Held
II: 0.00125 x 33.71/160
11I: 0.00125 x 1/160
IV: 0.00125 x 1/160 0.0002790 ORI
Barbara J. Riekers
H: 0.00125 x 33.71/160
III: 0.00125 x 1/160
IV: 0.00125 x 1/160 0.0002790 ORI
Jennifer E. Foy
VI: 0.001875 x 37.893/160
VII: 0.001875 x 1.072/160
VIII: 0.001875 x 1.035/160
IX: 0.001875 x 39.43/160 0.0009308 ORI
George Aubrey
VI: 0.001875 x 37.893/160
VII: 0.001875 x 1.072/160
VIII: 0.001875 x 1.035/160
IX: 0.001875 x 39.43/160 0.0009308 ORI
PDB Enterprises 85A Properties
I: 0.0035712 x 40/160 0.0006699 WI
M&R Oil Company
T: 0.0008925 x 40/160 0.0001674 WI
Mercer 1985 B Managed Oil and Gas Program
I: 0.02 x 40/160 0.0037516 WI
Oilexco Petroleum Programs, Weld County
Investments, Ltd.
I: 0.0071429 x 40/160 0.0013399 WI
Frank R. Tighe and Jan Marie Tighe, as joint
tenants
I: 0.0035714 x 40/160 0.0006698 WI
Foundation Energy Fund I, LLC
II: 0.7975 x 33.71/160
III: 0.7975 x 1/160
IV: 0.7975 x 1/160
Foundation Energy Management,LLC Page 11
December 2, 2008
V: 0.8025 x 4.29/160 0.1995090 WI
Noble Energy, Inc.
I: 0.7239286 x 40/160
VI: 0.759375 x 37.893/160
VII: 0.759375 x 1.072/160
VIII: 0.759375 x 1.035/160
IX: 0.759375 x 39.43/160
X: 0.8333333 x 0.57/160 0.5609330 WI
Total: 1.0000000
OWNERSHIP
TRACT I
Surface
The Nauman Lake Reservoir Company All
Oil, Gas and Other Minerals
Heirs or devisees of Herman D. Feit and
Dorothy J.Feit, both deceased 1/21
Payne, Inc. 1/5
Mildred Feit 1/4
River View Homeowners' Association, Inc. 1/20
'This does not correspond with the revenue decks supplied by Noble. See Title Comment
and Requirement No. 5.
Oil and Gas Leasehold
Landowner's Royalty Interest(12.50000%)
Heirs or devisees of Herman D. Feit and
Dorothy J. Feit, both deceased 6.25000%'
Payne, Inc. 2.50000%
Mildred Feit 3.12500%
Foundation Energy Management,LLC Page 12
December 2, 2008
River View Homeowners' Association, Inc. 0.62500%
'This does not correspond with the revenue decks supplied by Noble. See Title Comment
and Requirement No. 5.
Overriding Royalty Interest(12.46765%)
From the surface to the base of the Code11 formation
H.L. Willett 11.00000%
PDB 1986 Royalty 0.15603%1
Dennis R. Campbell 0.04167%
David L. Gerry 0.04167%
Kerry L. Phelps 0.04688%
Escobar Energy, Inc. 0.15603%
Robert Ronald Rivers 0.04167%
Michael J. Foy 0.15625%
Noble Energy Production, Inc. 0.82745%
1See Title Comment and Requirement No. 7.
Below the base of the Codell formation
None of record.
Working Interest
From the surface to the base of the Code11 formation (75.03235% NRI)
Noble Energy, Inc. 96.482200%
PDB Enterprises 85A Properties 0.357120%1
M&R Oil Company 0.089250%1
Mercer 1985 B Managed Oil and Gas Program 2.000000%
Foundation Energy Management, LLC Page 13
December 2, 2008
Oilexco Petroleum Programs,
Weld County Investments, Ltd. 0.714290%
Frank R. Tighe and Jan Marie Tighe,
as joint tenants 0.357140%
'See Title Comment and Requirement No. 4.
Below the base of the Codell formation
H.L. Willett All
TRACT II
Surface and All Minerals
Adbar Farm Limited Partnership All'
'See Title Comment and Requirement No. 8.
Oil and Gas Leasehold
Landowner's Royalty Interest(20.00000%)
Adbar Farm Limited Partnership 20.00000%'
'See Title Comment and Requirement No. 8.
Overriding Royalty Interest (0.25000%)
Georgia Held 0.12500%
Barbara J. Riekers 0.12500%
Working Interest (79.75% NRI)
Foundation Energy Fund I,LLC All'
'See Title Comment and Requirement No. 3.
Foundation Energy Management,LLC Page 14
December 2, 2008
TRACT III
Surface
Kevin W. Miller All
Oil, Gas and Other Minerals
James G. Barney All
Oil and Gas Leasehold
Landowner's Royalty Interest(20%)
James G. Barney 20.00000%
Overriding Royalty Interest(0.25000%)
Georgia Held 0.12500%
Barbara J.Riekers 0.12500%
Working Interest (79.75%NRI)
Foundation Energy Fund I, LLC All'
'See Title Comment and Requirement No. 3.
TRACT IV
Surface and All Minerals
Ernest Andrade and JoAnne M. Andrade,
as joint tenants All'
'See Title Comment and Requirement No. 8.
Oil and Gas Leasehold
Landowner's Royalty Interest (20.00000%)
Ernest Andrade and JoAnne M. Andrade,
as joint tenants 20.00000%'
'See Title Comment and Requirement No. 8.
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December 2, 2008
Overriding Royalty Interest(0.25000%)
Georgia Held 0.12500%
Barbara J. Riekers 0.12500%
Working Interest(79.75%NRI)
Foundation Energy Fund I, LLC All'
'See Title Comment and Requirement No. 3.
TRACT V
Surface and All Minerals
Nauman Lake Reservoir Company All
Oil and Gas Leasehold
Landowner's Royalty Interest(19.75000%)
Nauman Lake Reservoir Company 19.75000%
Overriding Royalty Interest
None of record.
Working Interest (80.25% NRI)
Foundation Energy Fund I, LLC All'
'See Title Comment and Requirement No. 3.
TRACT VI
Surface
Carroll W. Frenzel and Barbara N. Frenzel,
Trustees under the Frenzel Living Trust
dated August 11, 2008 All
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December 2, 2008
Oil, Gas and Other Minerals
Carroll W. Frenzel and Barbara N. Frenzel,
Trustees under the Frenzel Living Trust
dated August 11, 2008 50.00000%
Daniel Buxman and Mildred L. Buxman,
as joint tenants 50.00000%
Oil and Gas Leasehold
Landowner's Royalty Interest(12.50000%)
Carroll W. Frenzel and Barbara N. Frenzel,
Trustees under the Frenzel Living Trust
dated August 11, 2008 6.25000%
Daniel Buxman and Mildred L. Buxman,
as joint tenants 6.25000%
Overriding Royalty Interest
From the surface to the base of the Codell formation (11.5625%)
II.L. Willett 11.00000%
Jennifer E. Foy 0.18750%
PDB 1986 Royalty 0.18750%'
George Aubrey 0.18750%
'See Title Comment and Requirement No. 7.
Below the base of the Codell formation
None of record.
Working Interest
From the surface to the base of the Codell formation (75.93750%NRI)
Noble Energy, Inc. All
Foundation Energy Management, LLC Page 17
December 2, 2008
Below the base of the Codell formation
H.L. Willett All
TRACT VII
Surface and All Minerals
Susan R. Albert All
Oil and Gas Leasehold
Landowner's Royalty Interest (12.50000%)
Susan R. Albert 12.50000%
Overriding Royalty Interest
From the surface to the base of the Codell formation (11.5625%)
H.L. Wi llett 11.00000%
Jennifer E.Foy 0.18750%
PDB 1986 Royalty 0.18750%'
George Aubrey 0.18750%
1See Title Comment and Requirement No. 7.
Below the base of the Codell formation
None of record.
Working Interest
From the surface to the base of the Codell formation (75.93750%NRI)
Noble Energy, Inc. All
Below the base of the Codell formation
H.L. Willett All
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December 2, 2008
TRACT VIII
Surface and All Minerals
Errol L. Fisher and Jerre Lee Fisher,
as joint tenants All
Oil and Gas Leasehold
Landowner's Royalty Interest (12.50000%)
Errol L. Fisher and Jerre Lee Fisher,
as joint tenants 12.50000%
Overriding Royalty Interest
From the surface to the base of the Codell formation (11.5625%)
H.L. Willett 11.00000%
Jennifer E. Foy 0.18750%
PDB 1986 Royalty 0.18750%1
George Aubrey 0.18750%
'See Title Comment and Requirement No. 7.
Below the base of the Code11 formation
None of record.
Working Interest
From the surface to the base of the Code11 formation (75.9375% NRI)
Noble Energy,Inc. All
Below the base of the Codell formation
H.L. Willett All
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December 2, 2008
TRACT IX
Surface
Joaquin Caballero Nevarez All
Oil, Gas and Other Minerals
Michael R. Karrol 1/4
Alex W. Karrol 1/4
Helen M. Paul 1/4
Margaret G. Karrol 1/4
Oil and Gas Leasehold
Landowner's Royalty Interest(12.50000%)
Michael R. Karrol 3.12500%
Alex W. Karrol 3.12500%
Helen M. Paul 3.12500%
Margaret G. Karrol 3.12500%
Overriding Royalty Interest
From the surface to the base of the Codell formation(11.5625%)
H.L. Willett 11.00000%
Jennifer E. Foy 0.18750%
PDB 1986 Royalty 0.18750%'
George Aubrey 0.18750%
'See Title Comment and Requirement No. 7.
Below the base of the Codell formation
None of record.
Foundation Energy Management,LLC Page 20
December 2, 2008
Working Interest
From the surface to the base of the Codell formation (75.93750%NRI)
Noble Energy,Inc. All
Below the base of the Codell formation
H.L. Willett All
TRACT X
Surface
Joaquin Caballero Nevarez All
Oil, Gas and Other Minerals
Weld County, a political subdivision
of the State of Colorado All
Oil and Gas Leasehold
Landowner's Royalty Interest(16.66667%)
Weld County, a political subdivision
of the State of Colorado 16.66667%
Working Interest (83.33333% NRI)
Noble Energy, Inc. All
TAXES
None delinquent.
EASEMENTS AND RIGHTS-OF-WAY GRANTED SUBSEQUENT TO THE PRIOR
OPINIONS COVERING THE SUBJECT LANDS:
1. By Instrument dated June 24, 1983,recorded June 30, 1983 in Book 1000 at
Reception No. 1932015 of the county records,James G.Barney and Betty Jo Barney granted
to Bellweather Exploration Company, a right-of-way for pipeline purposes across the
SE/4SW/4 of Section 23. The particular location of the right-of-way is not set out in the
instrument of conveyance, but it is said to be 50 feet wide during construction and 20 feet
wide as a permanent right-of-way.
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2. By Instrument dated July 11, 1985,recorded August 6, 1985 in Book 1079 at
Reception No. 2019686 of the county records,James Barney granted to Colorado Gathering
and Processing Corporation,a right-of-way across the north 30 feet of the south 60 feet of the
SE/4SW/4 of Section 23, for pipeline purposes.
3. By Instrument dated June 5, 1987, recorded June 10, 1987 in Book 1159 at
Reception No. 2102988 of the county records, James G. Barney and Zane M. Pick (at this
time the owner of the Tract I surface)granted each other rights-of-way for access purposes to
each other's property. The particular locations of these rights-of-way are not set out in the
instrument of conveyance.
4. By Instrument dated March 5, 1992,recorded April 8, 1992 in Book 1331 at
Reception No. 2283686 of the county records, Adbar Farms granted to Greeley Gas
Company, a right-of-way across the subject lands for the purpose of construction,
maintenance and operation of a natural gas pipeline. The right-of-way is 10 feet in width,the
centerline of which is described as follows:
Commencing at the Southeast Corner of the West half of Section 23,
Township 6 North, Range 66 West of the 6th Principal Meridian, Weld
County. Colorado,and considering the East line of said West half of Section
23 to bear North 00°20'50" East with all bearings herein relative thereto;
thence North 00°20'50" East, 857.47 feet; thence North 89°39'10" West,
551.40 feet to the True Point of Beginning; thence South 26°25'48" East,
337.56 feet; thence along the arc of a curve to the right having a central angle
of 36°04'35", a radius of 527.04 feet, and a long chord that bears South
04°12'50" East, 326.40 feet; thence South 13°49'27" West, 166.34 feet;
thence South 01°42'07" West, 66.1 feet more or less to the point of
termination on the South line of said West half of Section 23 being 413.7 feet
West of the Southeast Corner of said West half of Section 23.
5. By Instrument dated April 8, 1983, recorded April 13, 1983 in Book 993 at
Reception No. 1923408 of the county records,Daniel Buxman and Mildred Buxman granted
to Bellweather Exploration Company,a right-of-way across the E/2NW/4 Section 26 for the
purpose of construction, maintenance and operation of a petroleum pipeline. The right-of-
way is 50 feet in width for construction, and 20 feet after construction, and the particular
location is not set out in the instrument of conveyance. The same is presently owned of
record by ANGC Corporation.
I.1FNS AND ENCUMBRANCES AFFECTING THE OIL AND GAS LEASEHOLD
ESTATE
The interest of Foundation Energy Fund I, LLC is subject to that certain Deed of
Trust and Security Agreement dated effective August 30,2006,recorded September 6,2006
Foundation Energy Management, LLC Page 22
December 2, 2008
at Reception No.3417471 of the county records. This instrument is to the Public Trustee for
the benefit of Amega Bank N.A., to secure a principal indebtedness of$50,000,000.00.
OIL AND GAS LEASES
Lease No. 1
Lessor: Nauman Lake Reservoir Co., a Colorado non-profit
corporation
Lessee: H.L. Willett
Date: April 6, 1979
Description: Township 6 North, Range 66 West, 6th P.M.
Section 23: SW/4SW/4, S/2NW/4SW/4
containing 60.00 acres, more or less
Term: Five years and so long thereafter
Royalty: 1/8`h
Delay Rentals: $60.00 per annum.
Depository Bank: Greeley National Bank, Greeley, Colorado
Lease Form: Wilkins Printing Form 88-(Producers) Can, Okla
& Cal 1957 C Rev 1974.
Lesser Interest
Clause: Yes
Entireties Clause: No
Shut-In Gas
Royalty Clause: Yes; providing payment in a sum equal to the delay
rentals.
Pooling or
Unitization Clause: Yes; by executing and recording an instrument
identifying the unitized area, to conform with
governmental spacing.
Special Provisions: None.
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Recording Data: Recorded June 21, 1982 in Book 970 at Reception
No. 1895160 of the county records.
Lease No. 2
Lessors: James G. Barney and Betty Jo Barney, an undivided
one-half interest, and Jeffrey B. Carlson and
Nancy J. Carlson, an undivided one-half interest
Lessee: Cache Resources, Inc.
Date: June 23, 1982
Description: Township 6 North, Range 66 West, 6th P.M.
Section 23: E/2SW/4, except conveyance by
Correction Deed recorded in Book
826, page 50 [Tract IV]
containing 75.10 acres, more or less
Term: One year and so long thereafter
Royalty: 20%
Delay Rentals: None; this is a paid-up lease.
Lease Form: Producers 88-Paid Up Rev. 5-60, No. 2
Lesser Interest
Clause: Yes
Entireties Clause: No
Shut-In Gas
Royalty Clause: Yes;providing payment in the sum of$1.00 per year
per net royalty acre.
Pooling or
Unitization Clause: Yes; broad form.
Special Provisions: The lease contains a provision granting lessor the
right to 300,000 cubic feet of gas annually free of
charge from any gas well on the leased premises.
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Recording Data: Recorded July 2, 1982 in Book 971 at Reception No.
1896385 of the county records.
Lease No. 3
Lessor: James G. Barney and Betty Jo Barney, his wife
Lessee: Cache Resources, Inc.
Date: June 23, 1982
Description: Township 6 North, Range 66 West, 6th P.M.
Section 23: A tract of land located in the
SE/4SW/4, being further
described as follows:
Commencing at the S/4 Corner of said Section
23,and considering the East line of the SW/4
of said Section 23 to bear North 00°20'50"
East, with all bearings herein being relative
thereto: thence North 00°20'50" East, along
the East Line of the SW/4 of said Section 23,
a distance of 1104.47 feet; thence North
89°39'10"West,607.80 feet to the True Point
of Beginning; thence South 11°21'49" East,
206.94 feet; thence South 23°54'52" East,
48.67 feet; thence North 89°39'10" West,
212.00 feet; thence North 00°20'50" East,
247.00 feet; thence South 89°39'10" East,
150.00 feet to the True Point of Beginning.
containing 1.00 acres, more or less
Term: One year and so long thereafter
Royalty: 20%
Delay Rentals: None; this is a paid-up lease.
Lease Form: Producers 88-Paid Up Rev. 5-60, No. 2
Lesser Interest
Clause: Yes
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Entireties Clause: No
Shut-In Gas
Royalty Clause: Yes;providing payment in the sum of$1.00 per year
per net royalty acre.
Pooling or
Unitization Clause: Yes; broad form.
Special Provisions: The lease contains a provision granting lessor the
right to 300,000 cubic feet of gas annually free of
charge from any gas well on the leased premises.
Recording Data: Recorded November 5, 1982 in Book 981 at
Reception No. 1908299 of the county records.
Lease No. 4
Lessor: Nauman Lake Reservoir Co.
Lessee: Cache Resources,Inc.
Date: September 15, 1982
Description: Township 6 North,Range 66 West
Section 23: A parcel of land described as
follows:
Beginning at a point on the West one
quarter one quarter line of Section 23;
whence the one quarter one quarter corner
on the South line of said section bears due
South 277.5 feet; thence as follows around
high-water line of said reservoir North
22°37' East,484.9 feet; thence North 2°29'
West, 1038.4 feet; thence North 57°16'
West, 164.7 feet to 1/4 1/4 line; thence due
South along said 1/4 1/d line 1573.7 feet to
place of beginning.
containing 5.01 acres, more or less
Term: One year and so long thereafter
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Royalty: 19.75%
Delay Rentals: None; this is a paid-up lease.
Lease Form: Producers 88-Paid-up Rev 5-60, No. 2
Lesser Interest
Clause: Yes
Entireties Clause: No
Shut-In Gas
Royalty Clause: Yes;providing payment in the sum of$1.00 per year
per net royalty acre.
Pooling or
Unitization Clause: Yes; broad form.
Special Provisions: The warranty provision has been stricken from the
lease.
Recording Data: Recorded September 20, 1982 in Book 978 at
Reception No. 1904267 of the county records.
Lease No. 5
Lessors: Daniel Buxman and Mildred Buxman, husband and
wife
Lessee: H.L. Willett
Date: June 4, 1979
Description: Township 6 North, Range 66 West
Section 26: EJ2NW/4
containing 80.00 acres, more or less
Term: Five years and so long thereafter.
Royalty: 1/8
Delay Rentals: $80.00 per annum
Depository Bank: Greeley National Bank, Greeley, Colorado
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Lease Form: Wilkins Printing Form 88-(Producers) Can, Okla&
Colo 1957 C Rev 1974
Lesser Interest
Clause: Yes
Entireties Clause: No
Shut-In Gas
Royalty Clause: Yes; providing payment in a sum equal to the delay
rentals.
Pooling or
Unitization Clause: Yes; to conform with governmental spacing.
Special Provisions: None.
Recording Data: Recorded August 9, 1979 in Book 878 at Reception
No. 1799572 of the county records.
Lease No. 6
Lessors: Herman Feit and Dorothy June Feit
Lessee: H.L. Willett
Date: March 27, 1979
Description: Township 6 North, Range 66 West
Section 26: W/2NW/4
containing 80.00 acres, more or less
Term: Five years and so long thereafter.
Royalty: 1/8
Delay Rentals: $80.00 per annum
Depository Bank: Greeley National Bank, Greeley, Colorado
Lease Form: Wilkins Printing Form 88-(Producers) Can, Okla&
Colo 1957 C Rev 1974
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December 2, 2008
Lesser Interest
Clause: Yes
Entireties Clause: No
Shut-In Gas
Royalty Clause: Yes; providing payment in a sum equal to the delay
rentals.
Pooling or
Unitization Clause: Yes; to conform with governmental spacing.
Special Provisions: None.
Recording Data: Recorded August 9, 1979 in Book 871 at Reception
No. 1793393 of the county records.
Lease No. 7
Lessor: Weld County, Colorado, a political subdivision of
the State of Colorado
Lessee: B ell weather Exploration Company
Date: July 11, 1983
Description: Township 6 North, Range 66 West
Section 26: A tract of land more particularly
described as follows:
A triangular tract or parcel of land in the Northeast
corner of the West Half of the Northwest Quarter of
the Northwest Quarter(W/2NW/4NW/4)of Section
Twenty-six (26), Township Six (6) North, Range
Sixty-six (66) West of the Sixth Principal Meridian,
Weld County,Colorado,and being more particularly
described as follows,to-wit: Beginning at a point on
the South line of the County road on the North of
said W/2NW/4NW/4, thirty (30) feet more or less
South of and 426 feet more or less, east of the
Northwest corner of said Section 26,said point being
50 feet Southwesterly of when measured at right
angles to the center line of the Denver, Laramie &
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December 2, 2008
Northwestern Railroad, as the same is now located,
surveyed and staked out over and across the
W/2NW/4NW/4; thence South 47°21' East, 50 feet
from and parallel to said center line 320 feet more or
less to a point on the East line of said
W/2NW/4NW/4; thence North on said East line 212
feet more or less to the South line of said County
road; thence East on said South line 235 feet more or
less, to the point of beginning.
Term: One year and so long thereafter.
Royalty: 1/6
Delay Rentals: None; this is a paid-up lease.
Lease Form: The lease is on Weld County's own form
Lesser Interest
Clause: Yes
Entireties Clause: No
Shut-In Gas
4 Royalty Clause: Yes; providing for payment in the sum of $100.00
per well per year.
t,4 Pooling or
Unitization Clause: Yes; of the 40/640 plus 10% type, or to conform
with governmental spacing.
Special Provisions: None,except the attachment of the resolution of the
Board of County Commissioners authorizing the
execution of the lease.
Recording Data: Recorded June 14, 1983 in Book 1001 at Reception
No. 1933488 of the county records.
ASSIGNMENTS OF OIL AND GAS LEASES
As to Lease No. 1
1. By Assignment dated July 6, 1982, recorded July 14, 1982 in Book 972 at
Reception No. 1897405 of the county records, K.L. Willett assigned to Bellweather
Exploration Company, all right, title and interest in Oil and Gas Lease No. 1, and other
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leases. The Assignment reserves an overriding royalty, and is limited to the Code11
formation. By Instrument entitled"Clarification of Oil and Gas Lease Assignments"dated
May 24, 1993, H.L. Willett recites for the benefit of Escobar Energy, Inc., that it was his
intent when using the phrase"Codell formation"as a depth limitation,to actually mean from
the surface to the base of the Code11 formation. This Instrument was recorded June 1, 1993
in Book 1385 at Reception No. 2334968 of the county records.
2. By Assignment dated September 16, 1982,recorded September 22, 1982 in
Book 978 at Reception No. 1904392 of the county records, Bellweather Exploration
Company assigned to Breeze Exploration, an undivided 4.285714%interest in Oil and Gas
Lease No. 1, and other leases, without reservation.
3. By Assignment of Oil and Gas Leases dated September 16, 1982, recorded
September 22, 1982 in Book 978 at Reception No. 1904393 of the county records,
Bellweather Exploration Company assigned to General Atlantic Energy Corporation, an
undivided 12.5%interest in Oil and Gas Lease No. 1,and other leases, without reservation.
4. By Assignment dated September 16, 1982,recorded September 22, 1982 in
Book 978 at Reception No. 1904394 of the county records, Bellweather Exploration
Company assigned to Rodney E. Slifer, an undivided 3.125% interest in Oil and Gas Lease
No. 1, and other leases. The Assignment is subject to a back-in of 25% of the interest
assigned at"project payout" as defined as the recovery from production,by assignee, of the
cost of drilling, completing, equipping and operating seven wells, namely (1) No. 1-22
Scheffer;(2)No. 2-22 Scheffer;(3)No. 1-22 Rutt-Adams Heirs; (4)No. 1-22 Mills-Felt;(5)
No. 2-22 Rutt-Adams Heirs; (6)No. 1 Car Body Lake; and (7)No. 1-27 Croissant.
5. By Assignment dated September 16, 1982,recorded September 22, 1982 in
Book 978 at Reception No. 1904395 of the county records, Bellweather Exploration
Company assigned to George Aubrey, an undivided 9.5% interest in Oil and Gas Lease No.
1, and other leases. The Assignment reserved the same back-in as described in Assignment
No. 4, above.
6. By Assignment dated September 16, 1982,recorded September 22, 1982 in
Book 978 at Reception No. 1904396 of the county records, Bellweather Exploration
Company assigned to Menexco,Inc.,an undivided 12.5%interest in Oil and Gas Lease No.
1, and other leases. The Assignment reserved the same back-in as described in Assignment
No. 4, above.
7. By Assignment dated September 16, 1982, recorded September 22, 1982 in
Book 978 at Reception No. 1904397 of the county records, Bellweather Exploration
Company assigned to Fredrick D.Green, an undivided 3.125%interest in Oil and Gas Lease
No. 1,and other leases. The Assignment contains the same back-in provision as described in
Assignment No. 4, above.
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8. By Assignment dated September 16, 1982, recorded September 22, 1982 in
Book 970 at Reception No. 1904398 of the county records, Bellweather Exploration
Company assigned to CREBG Oil Venture, an undivided 6.25% interest in Oil and Gas
Lease No. 1, and other leases. The Assignment reserves the same back-in as described in
Paragraph No.4, above.
9. By Assignment dated September 16, 1982,recorded September 22, 1982 in
Book 978 at Reception No. 1904399 of the county records, Bellweather Exploration
Company assigned to E.R. Hewitt, an undivided 1.0% interest in Oil and Gas Lease No. 1,
and other leases. The Assignment reserves the same back-in as described in Assignment No.
4, above.
10. By Assignment dated September 16, 1982,recorded September 22, 1982 in
Book 978 at Reception No. 1904400 of the county records, Bellweather Exploration
Company assigned to Murchison Oil and Gas,Inc.,an undivided 20%interest in Oil and Gas
Lease No. 1, and other leases. The Assignment reserves the same back-in as described in
Assignment No. 4, above.
11. By Assignment dated September 16, 1982,recorded September 22, 1982 in
Book 978 at Reception No. 1904401 of the county records, Bellweather Exploration
Company assigned to Oren L.Benton,an undivided 12.5%interest in Oil and Gas Lease No.
1, and other leases. The Assignment reserves the same back-in as described in Assignment
No. 4, above.
12. By Assignment dated September 16, 1982,recorded September 22, 1982 in
Book 978 at Reception No. 1904402 of the county records, Bellweather Exploration
Company assigned to Wilexco,Inc.,an undivided 2.0%interest in Oil and Gas Lease No. 1,
and other leases. The Assignment reserves the same back-in as described in Assignment No.
4, above.
13. By Assignment dated September 29, 1982,recorded October 1, 1982 in Book
978 at Reception No. 1905180 of the county records, Breeze Exploration, Inc. assigned to
JBS Enterprises,Inc.,an undivided 2.321428%interest in Oil and Gas Lease No. 1,and other
leases. We note that the Assignment is from Breeze Exploration,Inc. which presumably is
the same as Breeze Exploration.
14. By Assignment dated September 29, 1982, recorded October 15, 1982 in
Book 979 at Reception No. 1906508 of the county records,Breeze Exploration,Inc.assigned
to Raymond and Mary Ann Brunner,an undivided 0.1785714%interest in Oil and Gas Lease
No. 1, and other leases. We note the percent sign is missing from the Assignment, which
could literally be interpreted to mean a total of 17.85714%. Also, the Assignment is from
Breeze Exploration, Inc., which presumably is the same as Breeze Exploration.
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15. By Assignment dated September 29, 1982,recorded January 6, 1983 in Book
985 at Reception No. 1913556 of the county records,Breeze Exploration,Inc. assigned to E.
Hilliard Parker, an undivided 0.3571428% interest in Oil and Gas Lease No. 1, and other
leases. We note the Assignment is from Breeze Exploration,Inc.,and assume it is the same
as Breeze Exploration.
16. By Assignment dated September 29, 1982,recorded January 18, 1983 in Book
986 at Reception No. 1914757 of the county records, Breeze Exploration, Inc. assigned to
Oilexco, an undivided 0.7142856% interest in Oil and Gas Lease No. 1, and other leases.
We note the Assignment is executed by Breeze Exploration, Inc. which we assume is the
same as Breeze Exploration.
17. By Assignment dated September 29, 1982,recorded March 10, 1983 in Book
990 at Reception No. 1919836 of the county records, Breeze Exploration, Inc. assigned to
James Kayser, an undivided 0.7142856% interest in Oil and Gas Lease No. 1, and other
leases. We note the Assignment is executed by Breeze Exploration,Inc.which we assume is
the same as Breeze Exploration.
18. By Assignment dated January 25, 1983, recorded March 31, 1983 in Book
987 at Reception No. 1916047 of the county records,Murchison Oil and Gas,Inc. assigned
to Murchison Oil and Gas, Inc., Exploration and Development, Ltd., all right, title and
interest in Oil and Gas Lease No. 1, and other leases.
19. By Assignment dated April 29, 1983,recorded August 3, 1983 in Book 1003
at Reception No. 1935720 of the county records,Oilexco,Inc.assigned to Oilexco-Petroleum
Programs Weld County Investors,Ltd.,the entire 0.7142856%interest in Oil and Gas Lease
No. 1, and other leases, that it acquired by Assignment No. 16. We presume that Oilexco,
Inc. was one and the same as Oilexco, which received the Assignment from Breeze
Exploration, Inc.
20. By Assignment dated March 6, 1984,recorded March 14, 1984 in Book 1023
at Reception No. 1959265 of the county records, Oren L. Benton assigned to Benco Family
Partnership, Ltd., all of his right, title and interest in Oil and Gas Lease No. 1, and other
leases.
21. By Assignment dated March 6, 1984,recorded March 14, 1984 in Book 1023
at Reception No. 1959266 of the county records,Benco Family Partnership,Ltd. assigned to
Bellweather Exploration Company, all right, title and interest in Oil and Gas Lease No. 1,
and other leases.
22. By Assignment and Bill of Sale dated effective October 1, 1983, recorded
April 2, 1984 in Book 1025 at Reception No. 1961287 of the county records,Menexco,Inc.
assigned to Templeton Energy Income Corporation, all of its right, title and interest in Oil
and Gas Lease No. 1, and other leases. The Assignment is limited to the Codell formation,
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December 2, 2008
and recites that it is an assignment of 12.5% working interest and a 9.375% net revenue
interest before payout. After payout, the interest assigned is 9.375%, with a net revenue
interest of 7.03125%. The Assignment reserves a 30%of assignor's interest after a defined
payout.
23. By Assignment dated May 29, 1984,recorded June 11, 1984 in Book 1033 at
Reception No. I970030 of the county records,George Aubrey assigned to Robert M.Tynan
and Edward J. Lackner, all of his right, title and interest in Oil and Gas Lease No. 1, and
other leases. The Assignment is subject to a reversionary 50%interest at payout as defined
therein,on a well by well basis, payout being defined as 100% of the cost and expenses for
any well, including operating and development charges, plus $100,000.00.
24. By Assignment dated May 13, 1985,recorded July 5, 1985 in Book 1075 at
Reception No. 2015882 of the county records,Rodney E. Slifer assigned to Michael J.Foy
and Paula J.Foy, as joint tenants,all right,title and interest in Oil and Gas Lease No. 1,and
other leases.
25. By Assignment dated August 30, 1985,recorded September 9, 1985 in Book
1083 at Reception No. 2024125 of the county records, Michael J. Foy and Paula J. Foy
assigned to George W.Aubrey,all of their right,title and interest in Oil and Gas Lease No. 1,
and other leases.
26. By Assignment dated September 27, 1985,recorded September 30, 1985 in
Book 1086 at Reception No. 2026756 of the county records, Bellweather Exploration
Company assigned to M&R Oil Company, an undivided 0.089250%interest in Oil and Gas
Lease No. 1,and other leases. The Assignment reserved the same 25%back-in as described
in Assignment No. 4, above.
27. By Assignment dated September 30, 1985,recorded October 4, 1985 in Book
1087 at Reception No. 2027483 of the county records, Bellweather Exploration Company
assigned to PDB Enterprises 85A Properties, an undivided 0.357125% interest in Oil and
Gas Lease No. 1, and other leases. The Assignment reserves the same 25% back-in as
described in Assignment No. 4, above.
28. By Assignment dated September 30, 1985,recorded October 4, 1985 in Book
1087 at Reception No. 2027488 of the county records,Bellweather Exploration Company
assigned to CREBG Oil Venture II, an undivided 0.446375% interest in Oil and Gas Lease
No. 1, and other leases. The Assignment is subject to the same 25%back-in as described in
Assignment No. 4, above.
29. By Assignment dated September 30, 1985,recorded October 7, 1985 in Book
1087 at Reception No. 2027652 of the county records, Bellweather Exploration Company
assigned to Energy Resources Group,an undivided 5.35725%interest in Oil and Gas Lease
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December 2, 2008
No. 1, and other leases. The Assignment reserves the same 25% back-in as described in
Assignment No. 4, above.
30. By Assignment dated December 31, 1985,recorded January 21, 1986 in Book
1099 at Reception No. 2039828 of the county records, Templeton Energy Income
Corporation assigned to KP/Templeton Oil and Gas Income Fund,Ltd.-1983,all of its right,
title and interest in Oil and Gas Lease No. 1, and other leases. The Assignment specifically
is made subject to the 30%reversionary interest reserved by Menexco in Assignment No.22
(which includes the 25% back-in interest described in Assignment No. 4, above). The
Assignment recites that it is limited to the Codell formation.
31. By Assignment dated January 21, 1986,recorded January 23, 1986 in Book
1100 at Reception No. 2040276 of the county records,Wilexco,Inc.assigned to Mercer 1985
B Managed Oil and Gas Program, all of its right, title and interest in Oil and Gas Lease No.
1, and other leases. The Assignment is specifically made subject to the back-in provisions
contained in Assignment No. 12, which are identical to the back-in provisions contained in
Assignment No. 4, above.
32. By Assignment, Bill of Sale and Conveyance dated effective January 23,
1986, recorded January 23, 1986 in Book 1100 at Reception No. 2040180 of the county
records,Bellweather Exploration Company assigned to Bracewell Development Corporation,
all right, title and interest in Oil and Gas Lease No. 1, and other leases. The Assignment
reserves to Beliweather any overriding royalty interest which it has for the benefit of the
General Employees Fund, as previously assigned.
33. By Assignment dated May 30, 1986, recorded June 4, 1986 in Book 1115 at
Reception No.2055994 of the county records,General Atlantic Energy Corporation assigned
to Bracewell Development Corporation,all of its right,title and interest in Oil and Gas Lease
No. 1, and other leases, from the surface to the base of the Codell formation.
34. By Assignment dated September 25, 1987, recorded October 26, 1987 in
Book 1174 at Reception No. 2118882 of the county records,George W.Aubrey assigned to
R. Robert Smith, an undivided 1.5625% interest in Oil and Gas Lease No. 1, and other
leases. The Assignment is subject to the same 25%back-in described in Assignment No. 4,
above.
35. By Assignment dated September 25, 1987, recorded November 2, 1987 in
Book 1174 at Reception No. 2119771 of the county records,George W. Aubrey assigned to
Robert W. Lewis, an undivided 1.5625% interest in Oil and Gas Lease No. 1, and other
leases. The Assignment is made subject to that same 25% back-in as described in
Assignment No. 4, above.
36. By Assignment dated November 18, 1988, recorded December 12, 1988 in
Book 1218 at Reception No. 2164655 of the county records, Murchison Oil & Gas, Inc.,
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December 2, 2008
Exploration & Development, Ltd. assigned to Murchison Oil and Gas, Inc., an undivided
50% of its 20% interest in Oil and Gas Lease No. 1, and other leases.
37. By Assignment dated November 18, 1988, recorded December 12, 1988 in
Book 1218 at Reception No. 2164656 of the county records, Murchison Oil & Gas, Inc.,
Exploration&Development,Ltd. assigned to Frances H. Weaver, an undivided 30%of its
20% interest in Oil and Gas Lease No. 1, and other leases.
38. By Assignment dated November 18, 1988, recorded December 12, 1988 in
Book 1218 at Reception No. 2164657 of the county records, Ickworth Exploration Inc.
assigned to Frances H. Weaver, an undivided 15% of its 20%interest in Oil and Gas Lease
No. 1, and other leases.
39. By Assignment dated April 4, 1989,recorded April 4, 1989 in Book 1228 at
Reception No. 2175676 of the county records, JBS Enterprises, Inc. assigned to Joe B.
Strong,Jr. and Carol C.Strong,an undivided 1.9642856%interest in Oil and Gas Lease No.
1, and other leases.
40. By Assignment dated April 4, 1989,recorded April 4, 1989 in Book 1228 at
Reception No. 2175677 of the county records, JBS Enterprises, Inc. assigned to Frank R.
Tighe and Jan Marie Tighe, an undivided 0.3571424%interest in Oil and Gas Lease No. 1,
and other leases.
41. By Assignment dated January 16, 1990,recorded February 12, 1990 in Book
1255 at Reception No.2205031 of the county records,Ickworth Exploration Inc.assigned to
Murchison Oil and Gas,Inc.,all of its right,title and interest in Oil and Gas Lease No. 1,and
other leases.
42. By Assignment and Bill of Sale dated December 9, 1992, effective July 1,
1992, and recorded December 18, 1992 in Book 1363 at Reception No. 2315223 of the
county records,Bracewell Development Corporation assigned to Escobar Energy,Inc.,all of
its right, title and interest in Oil and Gas Lease No. 1, and other leases.
43. By Assignment and Bill of Sale dated December 9, 1992, effective July 1,
1992, and recorded December 18, 1992 in Book 1363 at Reception No. 2315224 of the
county records, Bellweather Exploration Company assigned to Escobar Energy, Inc., all
right, title and interest in Oil and Gas Lease No. 1, and other leases. The Assignment
specifically reflects that any overriding royalties assigned are intended to merge into the
leasehold interest which may be now owned or hereafter acquired by Escobar. The
Assignment is broad enough to include the reversionary rights as described in Paragraph No.
4, above.
44. By Assignment dated October 9, 1992,effective July 1, 1992, and recorded
April 9, 1993 in Book 1377 at Reception No. 2328273 of the county records, CREBG Oil
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December 2, 2008
Venture II assigned to Bracewell Development Corporation, all right,title and interest in Oil
and Gas Lease No. 1, and other leases.
45. By Assignment dated October 19, 1992,effective July 1, 1992,and recorded
April 9, 1993 in Book 1377 at Reception No.2328275 of the county records,Edward Hewitt
assigned to Bracewell Development Corporation, all right, title and interest in Oil and Gas
Lease No. 1, and other leases.
46. By Assignment dated October 9, 1992, effective July 1, 1992, and recorded
April 9, 1993 in Book 1377 at Reception No. 2328276 of the county records, CREBG Oil
Venture II assigned to Bracewell Development Corporation,all of its right,title and interest
in Oil and Gas Lease No. 1, and other leases.
47. By Assignment dated November 4, 1992,effective July 1, 1992,and recorded
April 9, 1993 in Book 1377 at Reception No.2328280 of the county records,Carol C.Strong
and Joe B. Strong, Jr. assigned to Bracewell Development Corporation, all right, title and
interest in Oil and Gas Lease No. 1, and other leases.
48. By Assignment dated October 15, 1992, on the same form as Assignments
Nos. 44 through 47, but the recorded copy being incomplete as to the signature line, but
recorded April 9, 1993 in Book 1377 at Reception No. 2328286 of the county records,
Frances 1-1. Weaver apparently assigned to Bracewell Development Corporation, all right,
title and interest in Oil and Gas Lease No. 1, and other leases.
49. By Assignment dated January 20, 1993, effective as of July 1, 1992, and
recorded April 9, 1993 in Book 1377 at Reception No. 2328289 of the county records,
Murchison Oil & Gas, Inc. assigned to Bracewell Development Corporation, all right, title
and interest in Oil and Gas Lease No. 1, and other leases.
50. By Assignment dated April 5, 1993,effective January 1, 1993,and recorded
April 9, 1993 in Book 1377 at Reception No. 2328269 of the county records, R. Robert
Smith assigned to Tower Energy Corporation,all right,title and interest in Oil and Gas Lease
No. 1, and other leases, without reservation.
51. By Assignment dated May 5, 1993,effective January 1, 1993, and recorded
May 13, 1993 in Book 1382 at Reception No. 2332834 of the county records,Frederick D.
Green assigned to Escobar Energy,Inc., all right,title and interest in Oil and Gas Lease No.
1, and other leases, without reservation.
52. By Assignment dated May 11, 1993,effective January 1, 1993,and recorded
May 19, 1993 in Book 1383 at Reception No. 2333517 of the county records, Robert M.
Tynan assigned to Tower Energy Corporation, all right, title and interest in Oil and Gas
Lease No. 1, and other leases, without reservation.
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53. By Assignment dated May 11, 1993,effective January 1, 1993,and recorded
May 19, 1993 in Book 1383 at Reception No. 2333518 of the county records, Edward J.
Lackner assigned to Tower Energy Corporation, all right, title and interest in Oil and Gas
Leases No. 1, and other leases, without reservation.
54. By Assignment dated May 21, 1993, effective April 1, 1993, and recorded
June 1, 1993 in Book 1385 at Reception No. 2334896 of the county records, George W.
Aubrey et al. assigned to Tower Energy Corporation, all right, title and interest in Oil and
Gas Leases No. 1,and other leases. The Assignment is broad enough to cover the 50%back-
in at payout reserved by George Aubrey in his Assignment described in Paragraph No. 23,
above.
55. By Assignment,Bill of Sale and Conveyance dated May 28, 1993,effective as
of January 1, 1993,Tower Energy Corporation,Escobar Energy,Inc.,and Barbara S.Aubrey,
as Trustee under a Trust Agreement dated April 26, 1993, assigned to SOCO Wattenburg
Corporation, all right, title and interest in Oil and Gas Lease No. 1, and other leases.
56. By Assignment, Bill of Sale and Conveyance dated effective July 1, 1993,
recorded September 9, 1993 in Book 1400 at Reception No. 2349225 of the county records,
KP/Templeton Oil and Gas Income Fund,Ltd.-1983 assigned to Tower Energy Corporation,
all right, title and interest in Oil and Gas Lease No. 1, and other leases.
57. By Assignment, Bill of Sale and Conveyance dated effective July 1, 1993,
recorded October 21, 1993 in Book 1407 at Reception No. 2355955 of the county records,
Tower Energy Corporation assigned to SOCO Wattenburg Corporation, all right, title and
interest in Oil and Gas Lease No. 1, and other leases.
58. By Assignment and Bill of Sale dated effective November 1, 1993,recorded
January 21, 1994 in Book 1423 at Reception No. 2370289 of the county records, James N.
Kayser assigned to SOCO Wattenburg Corporation,all right,title and interest in Oil and Gas
Leases Nos. 1, and other leases, without reservation.
59. There appears of record in Weld County a certain Assignment, Bill of Sale
and Mineral Deed dated May 2, 1996,recorded May 3, 1996 in Book 1545 at Reception No.
2489237 of the county records,whereby Snyder Oil Corporation,which owned no interest in
the subject Leases and Lands, purports to assign to Patina Oil & Gas Corporation (which
also owned no interest at this time) and Patina purports to assign to SOCO Wattenburg
Corporation, all right, title and interest in Oil and Gas Lease No. 1, and other leases.
60. By Assignment and Bill of Sale dated August 31, 1998,effective July 1, 1998,
and recorded September 11, 1998 at Reception No. 2639666 of the county records,Energy
Resources Group assigned to Patina Oil&Gas Corporation,all right,title and interest in Oil
and Gas Lease No. I, and other leases, without reservation.
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61. By Assignment and Bill of Sale dated June 24,2002,effective April l,2002,
and recorded August 8, 2002 at Reception No. 2976286 of the county records, E. Hilliard
Parker assigned to Patina Oil &Gas Corporation, all right, title and interest in Oil and Gas
Lease No. 1, and other leases, without reservation.
62. By Assignment dated November 15,2004,effective September 1,2004,and
recorded December 16, 2004 at Reception No. 3244474 of the county records, Raymond
Bruner and Mary Ann Bruner assigned to Patina Oil &Gas Corporation, all right,title and
interest in OH and Gas Lease No. 1, and other leases, without reservation.
63. By Assignment and Bill of Sale dated July 24, 2007,effective the same date,
and recorded August 28, 2007 at Reception No. 3500227 of the county records,Robert W.
Lewis assigned to Noble Energy Production,Inc., all right, title and interest in Oil and Gas
Lease No. 1,and other leases. This Assignment is broad enough to include both his working
interest and his overriding royalty interest. The Assignment recites that it is "limited to the
Codell formation".
64. There appears of record in Weld County a Certificate of Merger whereby
Patina Oil & Gas Corporation merged with and into Noble Energy Production, Inc., with
Noble being the surviving corporation. The Certificate is dated May 16, 2005, and was
recorded May 26, 2005 at Reception No. 3289695 of the county records.
65. There appears of record in Weld County a Certificate of Merger whereby
SOCO Wattenburg Corporation merged with and into Noble Energy Production,Inc.,with
Noble being the surviving corporation. The Certificate is dated October 1, 2007, and was
recorded January 7, 2008 at Reception No. 3527696 of the county records.
66. There appears of record in Weld County a Certificate of Ownership executed
by the Secretary of State of the State of Delaware,reflecting that Noble Energy Production,
Inc.merged into and became Noble Energy,Inc. The Certificate is dated September 2,2007
and was recorded January 1, 2008 at Reception No. 3527697 of the county records.
As to Leases Nos. 2, 3 and 4
1. By Assignment dated January 20, 1983, recorded January 26, 1983 in Book
987 at Reception No. 1915592 of the county records,Cache Resources,Inc. assigned to CRI-
Barney, a Colorado general partnership,all right,title and interest in Leases Nos. 2,3 and 4.
The Assignment reserves an overriding royalty of 1.75% convertible to a 25% working
interest at back-in, as defined therein.
2. By Assignment dated December 31, 1986, recorded December 31, 1986 in
Book 1140 at Reception No. 2082834 of the county records,Cache Resources,Inc.assigned
its entire remaining interest in Oil and Gas Lease No. 2 to the following parties in the
following percentages:
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December 2, 2008
Wilbert R. Wiedeman 20%
John C. Dollarhide 20%
Thomas R. Scheirman 20%
Nicholas D. Frances 20%
Edward A. Holloway 20%
This Assignment served to assign the override,and the right to convert the same to a
working interest at payout. The Assignment lists only a single lease, and mis-describes it as
having covered the S/2SW/4.
3. By Correction Assignment dated March 9, 1987,effective as of December 31,
1986, and recorded March 10, 1987 in Book 1148 at Reception No. 2091151 of the county
records, Wilbert R. Wiedeman, John C. Dollarhide, Nicholas D. Frances and Edward A.
Holloway, in their capacity as all of the surviving members of the last acting Board of
Directors of Cache Resources, Inc., assigned the interest of Cache Resources,Inc. as to Oil
and Gas Leases Nos. 2, 3 and 4, and other leases, to the same assignees as set out in
Paragraph No. 2, above.
4. By Assignment dated September 1, 1997, recorded August 25, 1998 at
Reception No. 2635536 of the county records, Wilbert R. Wiedeman, John C. Dollarhide,
Thomas R. Scheirman, Nicholas D. Frances, Edward A. Holloway and CRA-Barney, a
Colorado general partnership, assigned to Southwestern Eagle, LLC, a Louisiana limited
liability company,all right,title and interest owned by grantors"on production of oil,gas and
other hydrocarbon substances from the NE/4SW/4 of Section 23...". The title to the
Assignment refers to the Barney No. 2 Well, but there is no lease description in the
instrument.
5. By Assignment and Bill of Sale dated January 14, 2003, effective March 1,
2003, and recorded May 15, 2003 at Reception No. 3063904 of the county records,
Southwestern Eagle, LLC assigned to Palladine Energy Partners, LLC, all right, title and
interest in Oil and Gas Leases Nos. 2, 3 and 4, as to the NE/4SW/4, without reservation.
6. By Assignment, Bill of Sale and Conveyance dated as of July 1, 2004,
recorded August 9, 2004 at Reception No. 3207086 of the county records,Palladine Energy
Partners, LLC assigned to JAD Resources, LLC, a Colorado limited liability company, an
undivided 50% interest in Oil and Gas Leases Nos. 2 and 4, and other leases. Oil and Gas
Lease No. 3 is not described in the exhibit to the assignment.
7. By Conveyance, Assignment and Bill of Sale dated effective June 1, 2006,
recorded September 9, 2006 at Reception No. 3417470 of the county records, Palladine
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December 2, 2008
Energy Partners,LLC and JAD Resources,LLC assigned to Foundation Energy Fund I,LLC,
all right,title and interest in the same two leases described in Assignment No. 6,above,as to
the same lands, without reservation.
8. By Quitclaim Assignment of Oil and Gas Leases dated effective March 1,
2003, recorded April 4, 2008 at Reception No. 3545656 of the county records, Wilbert R.
Wiedeman, John C.Dollarhide,Nicholas D. Frances and Edward A. Holloway assigned to
Foundation Energy Fund I,LLC, all right, title and interest in Oil and Gas Leases Nos. 2, 3
and 4, and other leases.
As to Leases Nos. 5, 6 and 7
1. By Assignment dated January 19, 1983, recorded January 26, 1983 in Book
987 at Reception No. 1915520 of the county records, H.L. Willett assigned to Bellweather
Exploration Company, all right, title and interest in Leases Nos. 5 and 6, and other leases.
The Assignment was limited to the Codell formation. The Assignment reserved an
overriding royalty of 11%, including any extension and renewal leases.
2. By Instrument entitled "Clarification of Oil and Gas Lease Assignments"
dated May 24, 1993, H.L. Willett recites for the benefit of Escobar Energy,Inc. that it was
his intent when using the phrase "Codell formation"as a depth limitation,to actually mean
from the surface to the base of the Codell formation. This instrument was recorded June 1,
1993 in Book 1385 at Reception No. 2334968 of the county records.
3. By Assignment dated February 24, 1983,recorded February 25, 1983 in Book
989 at Reception No. 1918554 of the county records, Bellweather Exploration Company
assigned to Willis S. Brown, an undivided 2.0% interest in Leases Nos. 5 and 6, as to the
Codell formation.
4. By Assignment dated February 24, 1983,recorded February 25, 1983 in Book
989 at Reception No. 1918560 of the county records, Bellweather Exploration Company
assigned to Stephens DeClerque and Barbara Dudley DeClerque, as joint tenants, an
undivided 8% interest in Leases Nos. 5 and 6, and other leases, without reservation.
5. By Assignment dated February 24, 1983,recorded February 25, 1983 in Book
989 at Reception No. 1918561 of the county records, Bellweather Exploration Company
assigned to Energy Resources Group, an undivided 34% interest in Leases Nos. 5 and 6,
without reservation.
6. By Assignment dated February 24, 1983,recorded February 25, 1983 in Book
989 at Reception No. 1918562 of the county records, Bellweather Exploration Company
assigned to Ralph Davidson, an undivided 2% interest in Leases Nos. 5 and 6, without
reservation.
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7. By Assignment dated February 24, 1983,recorded February 25, 1983 in Book
989 at Reception No. 1918563 of the county records, Bellweather Exploration Company
assigned to John A. Watters, an undivided 3% interest in Leases Nos. 5 and 6, without
reservation.
8. By Assignment dated February 24, 1983,recorded February 25, 1983 in Book
989 at Reception No. 1918564 of the county records, Bellweather Exploration Company
assigned to E. Gabriel Perle, an undivided 2% interest in Leases Nos. 5 and 6, without
reservation.
9. By Assignment dated February 24, 1983,recorded February 25, 1983 in Book
989 at Reception No. 1918565 of the county records, Bellweather Exploration Company
assigned to The Philip and Myrtle Ross Trust,an undivided 1%interest in Leases Nos.5 and
6, without reservation.
10. By Assignment dated February 24, 1983,recorded February 25, 1983 in Book
989 at Reception No. 1918566 of the county records, Bellweather Exploration Company
assigned to David D. Aubrey, an undivided 1% interest in Leases Nos. 5 and 6, without
reservation.
11. By Assignment dated February 24, 1983,recorded February 25, 1983 in Book
989 at Reception No. 1918567 of the county records, Bellweather Exploration Company
assigned to Jerome S. Hardy, an undivided 6% interest in Leases Nos. 5 and 6, without
reservation.
12. By Assignment dated February 24, 1983,recorded February 25, 1983 in Book
989 at Reception No. 1918568 of the county records, Bellweather Exploration Company
assigned to Sally J. Reich, an undivided 2% interest in Leases Nos. 5 and 6, without
reservation.
13. By Assignment dated February 24, 1983,recorded February 25, 1983 in Book
989 at Reception No. 1918569 of the county records, Bellweather Exploration Company
assigned to C&K Associates, an undivided 2% interest in Leases Nos. 5 and 6, without
reservation.
14. By Assignment dated February 24, 1983,recorded February 25, 1983 in Book
989 at Reception No. 1918570 of the county records, Bellweather Exploration Company
assigned to Stever Aubrey, an undivided 4% interest in Leases Nos. 5 and 6, without
reservation.
15. By Assignment dated February 24, 1983,recorded February 25, 1983 in Book
989 at Reception No. 1918571 of the county records, Bellweather Exploration Company
assigned to Peter Robeck, an undivided 2% interest in Leases Nos. 5 and 6, without
reservation.
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16. By Assignment dated February 24, 1983,recorded February 25, 1983 in Book
989 at Reception No. 1918572 of the county records, Bellweather Exploration Company
assigned to Stanley Halperin and Jane Halperin,as joint tenants,an undivided 2%interest in
Leases Nos. 5 and 6, without reservation.
17. By Assignment dated February 24, 1983,recorded February 25, 1983 in Book
989 at Reception No. 1918573 of the county records, Bellweather Exploration Company
assigned to Patricia G. Neale, an undivided 3% interest in Leases Nos. 5 and 6, without
reservation.
18. By Assignment dated January 22, 1986, recorded January 23, 1986 in Book
1100 at Reception No. 2040180 of the county records, Bellweather Exploration Company
assigned to Bracewell Development Corporation,all right,title and interest in Leases Nos.5,
6 and 7, and other leases, without reservation.
19. By Assignment dated March 12, 1987, recorded March 26, 1987 in Book
1150 at Reception No. 2093406 of the county records, Stanley Halperin and Jane Halperin
assigned to Jane Halperin,their entire 2.0%interest in Leases Nos. 5 and 6,and other leases.
20. By Assignment and Bill of Sale dated July 29, 1992, effective July 1, 1992,
and recorded August 21, 1992 in Book 1348 at Reception No.2300837 of the county records,
Jane S.Halperin assigned to Bracewell Development Corporation,all right,title and interest
in Oil and Gas Leases Nos. 5 and 6, without reservation.
21. By Assignment dated August 17, 1992,effective July 1, 1992,and recorded
September 14, 1992 in Book 1351 at Reception No. 2303422 of the county records,David
Aubrey assigned to Bracewell Development Corporation,all right,title and interest in Leases
Nos. 5 and 6, and other leases, without reservation.
22. By Assignment dated October 15, 1992,effective July 1, 1992,and recorded
December 18, 1992 in Book 1363 at Reception No. 2315225 of the county records,Myrtle
Ross and Philip Ross,co-trustees of the Philip and Myrtle Ross Trust assigned to Bracewell
Development Corporation,all right,title and interest in Oil and Gas Leases Nos.5 and 6,and
other leases, without reservation.
23. By Assignment dated December 9, 1992,effective July 1, 1992,and recorded
December 18, 1992 in Book 1363 at Reception No. 2315223 of the county records,
Bracewell Development Corporation assigned to Escobar Energy, Inc., all right, title and
interest in Leases Nos. 5, 6 and 7, and other leases, without reservation.
24. By Assignment dated December 9, 1992,effective July 1, 1992 and recorded
December 18, 1992 in Book 1363 at Reception No. 2315224 of the county records,
Bellweather Exploration Company assigned to Escobar Energy, Inc., all right, title and
interest in Leases Nos. 5 and 6, and other leases, without reservation.
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December 2, 2008
25. By Assignment dated March 15, 1993, effective July 1, 1992, and recorded
March 15, 1993 in Book 1377 at Reception No.2327765 of the county records,the executrix
of the Estate of Jerome S. Hardy assigned to Escobar Energy,Inc.,all right,title and interest
in Oil and Gas Leases Nos. 5 and 6, and other leases, without reservation.
26. By Assignment dated October 9, 1992, effective July 1, 1992, and recorded
April 9, 1993 in Book 1377 at Reception No. 2328282 of the county records, C&K
Associates assigned to Bracewell Development Corporation,all right,title and interest in Oil
and Gas Leases Nos. 5 and 6, and other leases, without reservation.
27. By Assignment dated March 30, 1993, effective July 1, 1992, and recorded
April 19, 1993 in Book 1379 at Reception No. 2329465 of the county records,Sally J. Reich
assigned to Escobar Energy,Inc.,all right,title and interest in Oil and Gas Leases Nos.5 and
6, and other leases, without reservation.
28. By Assignment and Bill of Sale dated effective July 1, 1993,recorded June 1,
1993 in Book 1385 at Reception No.2334966 of the county records,Bellweather Exploration
Company assigned to Escobar Energy,Inc.,all right,title and interest in the captioned lands
and other lands,including all lands and interest held by assignor in Township 6 North,Range
66 West.
29. By Assignment dated March 22, 1993,effective January 1, 1993,and recorded
June 1, 1993 in Book 1385 at Reception No.2334970 of the county records,E.Gabriel Perle
assigned to Tower Energy Corporation,all right,title and interest in Oil and Gas Leases Nos.
5 and 6, and other leases, without reservation.
30. By Assignment and Bill of Sale dated March 22, 1993, effective January 1,
1993, and recorded June 1, 1993 in Book 1385 at Reception No. 2334971 of the county
records, Stever Aubrey assigned to Tower Energy Corporation,all right,title and interest in
Oil and Gas Leases Nos. 5 and 6, and other leases, without reservation.
31. By Assignment and Bill of Sale dated March 22, 1993, effective January 1,
1993, and recorded June 1, 1993 in Book 1385 at Reception No. 2334972 of the county
records, Peter Robeck assigned to Tower Energy Corporation, all right,title and interest in
Oil and Gas Leases Nos. 5 and 6, and other leases, without reservation.
32. By Assignment dated March 22, 1993,effective January 1, 1993,and recorded
June 1, 1993 in Book 1385 at Reception No. 2334973 of the county records, Stephens
DeClerque and Barbara DeClerque assigned to Tower Energy Corporation,all right,title and
interest in Oil and Gas Leases Nos. 5 and 6, and other leases, without reservation.
33. By Assignment dated March 22, 1993,effective January 1, 1993,and recorded
June 1, 1993 in Book 1385 at Reception No. 2334974 of the county records, Kenneth E.
Clemons, as trustee for the Ralph Parsons Davidson Trust assigned to Tower Energy
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December 2, 2008
Corporation, all right, title and interest in Oil and Gas Leases Nos. 5 and 6,and other leases,
without reservation. See Title Comment and Requirement No. 6.
34. By Assignment dated March 22, 1993,effective January 1, 1993,and recorded
June 1, 1993 in Book 1385 at Reception No. 2334975 of the county records, Patricia G.
Neale assigned to Tower Energy Corporation, all right, title and interest in Oil and Gas
Leases Nos. 5 and 6, and other leases, without reservation.
35. By Assignment dated effective January 1, 1993, recorded June 1, 1993 in
Book 1385 at Reception No. 2334977 of the county records,Tower Energy Corporation and
Escobar Energy, Inc.,joined by Barbara S. Aubrey, trustee under Trust Agreement dated
April 26, 1993(which owned an overriding royalty interest in the leases)assigned to SOCO
Wattenburg Corporation, all right, title and interest in Oil and Gas Leases Nos. 5, 6 and 7,
and other leases, without reservation. The Assignment is made pursuant to a certain
Purchase and Sale Agreement between the parties dated April 28, 1993.
36. By Assignment dated May 26, 1993,effective January 1, 1993,and recorded
July 9, 1993 in Book 1391 at Reception No. 2340377 of the county records, Doran L.
Watters and John Casey Watters, individually and as co-executors of the Estate of John A.
Watters, deceased, assigned to Tower Energy Corporation, all right,title and interest in Oil
and Gas Leases Nos. 5 and 6, and other leases, without reservation.
37. By Assignment and Bill of Sale dated effective January 1, 1993, recorded
June 1, 1993 in Book 1335 at Reception No.2334976 of the county records,Willis J.Brown
assigned to Tower Energy Corporation,all right,title and interest in Oil and Gas Leases Nos.
5 and 6, and other leases, without reservation.
38. By Assignment dated August 31, 1998, recorded September 11, 1998 at
Reception No. 2639556 of the county records,Energy Resources Group assigned to Patina
Oil &Gas Corporation, all right, title and interest in Leases Nos. 5 and 6, and other leases,
without reservation.
39. There appears of record in Weld County a certain Certificate from the
Secretary of State of the State of Delaware dated May 16,2005,which was recorded May 26,
2005 at Reception No. 3289695 of the county records, reflecting that Patina Oil & Gas
Corporation merged into and became Noble Energy Production, Inc.
40. There appears of record in Weld County a Certificate of Merger executed by
the Secretary of State of the State of Delaware, reflecting that SOCO Wattenburg
Corporation merged with and into Noble Energy Production, Inc., with Noble being the
surviving corporation. The Certificate is dated October 1,2007 and was recorded January 7,
2008 at Reception No. 3527696 of the county records.
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December 2, 2008
41. There appears of record in Weld County a Certificate of Ownership executed
by the Secretary of State of the State of Delaware, reflecting that Noble Energy Production,
Inc.merged into and became Noble Energy,Inc. The Certificate is dated September 2,2007
and was recorded January 1, 2008 at Reception No. 3527697 of the county records.
ASSIGNMENTS OF OVERRIDING ROYALTY INTEREST
As to Lease No. 1
1. By Assignment of Overriding Royalty dated July 31, 1982, recorded
September 14, 1982 in Book 977 at Reception No. 1903601 of the county records,
Bellweather Exploration Company assigned to George Aubrey,an undivided 118"'of 1.5%of
83.214286% overriding royalty(0.156025%), as to Oil and Gas Lease No. 1, limited to the
Codc11 formation. The Assignment is subject to reduction in the event of assignee's
termination of employment with assignor.
2. By Assignment of Overriding Royalty dated July 31, 1982, recorded
September 14, 1982 in Book 977 at Reception No. 1903602 of the county records,
Bellweather Exploration Company assigned to Michael J.Foy,an undivided 1/8h of 1.5%of
83.214286%overriding royalty(0.156025%), as to Oil and Gas Lease No. 1, limited to the
Codell formation. The Assignment is subject to reduction in the event of assignee's
termination of employment with assignor.
3. By Assignment of Overriding Royalty dated July 31, 1982, recorded
September 14, 1982 in Book 977 at Reception No. 1903603 of the county records,
Bellweather Exploration Company assigned to George Aubrey,an undivided 118th of 1.5%of
83.214286%overriding royalty(0.156025%), as to Oil and Gas Lease No. 1, limited to the
Codell formation. The Assignment is subject to reduction in the event of assignee's
termination of employment with assignor.
4. By Assignment of Overriding Royalty dated July 31, 1982, recorded
September 14, 1982 in Book 977 at Reception No. 1903604 of the county records,
Bellweather Exploration Company assigned to Paul E. McRill,an undivided 118th of 1.5%of
83.214286% overriding royalty(0.156025%), as to Oil and Gas Lease No. 1, limited to the
Codell formation. The Assignment is subject to reduction in the event of assignee's
termination of employment with assignor.
5. By Assignment of Overriding Royalty dated July 31, 1982, recorded
September 14, 1982 in Book 977 at Reception No. 1903605 of the county records,
Bellweather Exploration Company assigned to Roger Hively,an undivided 118th of 1.5%of
83.214286% overriding royalty (0.156025%), as to Oil and Gas Lease No. 1, limited to the
Codell formation. The Assignment is subject to reduction in the event of assignee's
termination of employment with assignor.
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6. By Assignment of Overriding Royalty dated July 31, 1982, recorded
September 14, 1982 in Book 977 at Reception No. 1903606 of the county records,
Bellweather Exploration Company assigned to Alan B.Nicol,an undivided 1/8`h of 1.5%of
83.214286% overriding royalty(0.156025%), as to Oil and Gas Lease No. I, limited to the
Code11 formation. The Assignment is subject to reduction in the event of assignee's
termination of employment with assignor.
7. By Assignment of Overriding Royalty dated July 31, 1982, recorded
September 14, 1982 in Book 977 at Reception No. 1903607 of the county records,
Bellweather Exploration Company assigned to DEC General Employee Royalty Pool, an
undivided 1/4`h of 1.5% of 83.214286% overriding royalty(0.312054%), as to Oil and Gas
Lease No. 1, limited to the Codell formation. The Assignment is subject to reduction in the
event of assignee's termination of employment with assignor.
8. By Assignment of Overriding Royalty dated September 17, 1982, recorded
September 21, 1982 in Book 978 at Reception No. 1904294 of the county records, General
Atlantic Energy Corporation assigned overriding royalties totaling 1.74999%under the terms
of Oil and Gas Lease No. 1, and other leases, to the following parties in the following
percentages:
J. Paul Hayden 0.37500%
Dennis R. Campbell 0.33333%
Robert Ronald Rivers 0.33333%
David L. Gerry 0.33333%
Kerry L. Phelps 0.37500%
The Assignment is subject to appropriate proportionate reduction provisions.
9. By Assignment of Net Profits Interests dated January 22, 1986, recorded
January 23, 1986 in Book 1100 at Reception No. 2040181 of the county records,Bracewell
Development Corporation assigned a net profits interest of 5% on wells spudded on or after
October 1, 1985, and 20%on certain other wells including the Car Body Lake No. 1-23 Well
on the Tract I lands, to the following parties in the following percentages:
Phoenix Mutual Life Insurance Company 53 1/3rd%
Phoenix American Life Insurance Company 13 1/3rd%
State Street Bank and Trust, Trustee
for Continental Airlines Pension Fund 13 1/3rd%
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Society for Savings 20%
10. By Assignment of Overriding Royalty dated September 16, 1986, effective
July 1, 1986, and recorded September 19, 1986 in Book 1128 at Reception No. 2070113 of
the county records, Roger E. Hively assigned to TBD 1986 Royalty, all of his overriding
royalty interest of 0.156026% under the terms of Oil and Gas Lease No. 1, and other leases.
11. By Assignment of Overriding Royalty dated September 25, 1987, effective
September 1, 1987,and recorded October 26, 1987 in Book 1174 at Reception No.2118885
of the county records, George W. Aubrey assigned to R. Robert Smith, one-half of his
0.156026% overriding royalty in Oil and Gas Lease No. 1.
12. By Assignment of Overriding Royalty dated September 25, 1987, effective
September 1, 1987,and recorded November 2, 1987 in Book 1175 at Reception No.2119974
of the county records, George W. Aubrey assigned to Robert W. Lewis, an undivided one-
half of his 0.156026% overriding royalty in Oil and Gas Lease No. 1.
13. By Assignment of Overriding Royalty dated October 1, 1992, recorded
December 10, 1992 in Book 1362 at Reception No. 2314200 of the county records, J. Paul
Hayden assigned to Escobar Energy,Inc.,all of his overriding royalty interest under the terms
of Oil and Gas Lease No. 1, and other leases. The Assignment recites that it is the intent to
merge the overriding royalty in any leasehold interest now owned by assignee.
14. By Assignment of Overriding Royalty dated October 30, 1992, recorded
December 10, 1992 in Book 1362 at Reception No.2314202 of the county records,Alan B.
Nicol assigned to Escobar Energy,Inc.,his entire overriding royalty interest under the terms
of Oil and Gas Lease No. 1, and other leases. The Assignment recites that it is the intent of
the parties that the overriding royalty merge with Escobar's working interest.
15. By Assignment of Overriding Royalty dated October 30, 1992, recorded
December 10, 1992 in Book 1362 at Reception No. 2314203 of the county records, Paul E.
McRill assigned to Escobar Energy,Inc.,his entire overriding royalty interest under the terms
of Oil and Gas Lease No. 1,and other leases. The Assignment recites that it is the intent of
the parties that the overriding royalty merge with Escobar's working interest.
16. By Assignment of Overriding Royalty dated October 30, 1992, recorded
December 10, 1992 in Book 1362 at Reception No.2314204 of the county records,R.Robert
Smith assigned to Escobar Energy,Inc.,his entire overriding royalty interest under the terms
of Oil and Gas Lease No. 1, and other leases. The Assignment recites that it is the intent of
the parties that the overriding royalty merge with Escobar's working interest.
17. By Conveyance of Overriding Royalty Interest dated effective January 1,
1993, recorded April 27, 1993 in Book 1380 at Reception No. 2230512 of the county
records, Escobar Energy, Inc. assigned to Barbara S. Aubrey, as Trustee under Trust
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December 2, 2008
Agreement dated April 22, 1993, an overriding royalty equivalent to 66 2/31d% of the net
profits, if any, attributed to its interest in Oil and Gas Lease No. 1, and other leases. This
Assignment was corrected by Instrument recorded in Book 1382 at Reception No.2332018
of the county records to change the date of the Trust Agreement to April 26, 1993.
18. By Re-Assignment of Net Profits Interest dated effective July 1, 1992,
recorded June 1, 1993 in Book 1385 at Reception No. 2334964 of the county records,
Phoenix Mutual Life Insurance Company,Phoenix American Life Insurance Company and
Society for Savings re-assigned to Escobar Energy, Inc., all of their overriding royalty net
profits interest obtained in Assignment No. 9, above.
19. By Assignment of Overriding Royalty Interest dated May 17, 1993,recorded
June 1, 1973 in Book 1385 at Reception No. 2334966 of the county records, BEC General
Employee Royalty Pool assigned to Escobar Energy, Inc., its entire overriding royalty as
received in Assignment No. 7, above.
20. By Re-Assignment of Net Profits Interest dated effective July 1, 1992,
recorded June 23, 1993 in Book 1388 at Reception No. 2338176 of the county records,State
Street Bank and Trust, as Trustee for Continental Airlines Pension Fund re-assigned to
Escobar Energy, Inc., all of its net profits interest as obtained in Assignment No. 9, above.
21. By the same Assignment and Bill of Sale set out in Paragraph No. 63 under
the topic"Assignments of Oil and Gas Leases"relating to Oil and Gas Leases Nos. 1,2 and
3, Robert W. Lewis assigned to Noble Energy Production,Inc., all of his overriding royalty
interest described in Assignment No. 12, above.
22. By the same Assignment, Bill of Sale and Conveyance set out in Paragraph
No. 55 under the topic "Assignments of Oil and Gas Leases"relating to Oil and Gas Lease
No. 1,above,Barbara S. Aubrey, as Trustee under Trust Agreement dated April 26, 1993 re-
assigned her overriding royalty to SOCO Wattenburg Corporation.
As to Leases Nos. 2, 3 and 4
1. By Assignment of Overriding Royalty Interest dated June 25, 1982,recorded
June 30, 1982 in Book 971 at Reception No. 1896173 of the county records, Cache
Resources,Inc. assigned to Louis C.Riekers, an overriding royalty of 118th of 1%under the
terms of Oil and Gas Lease No. 2.
2. By Assignment of Overriding Royalty Interest dated June 25, 1982,recorded
June 30, 1982 in Book 971 at Reception No. 1896174 of the county records, Cache
Resources, Inc. assigned to Georgia Held, an overriding royalty of 118th of 1% under the
terms of Oil and Gas Lease No. 2.
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December 2, 2008
3. By Amended Assignment of Overriding Royalty Interest dated June 25, 1982,
recorded January 1, 1983 in Book 986 at Reception No. 1914764 of the county record,Cache
Resources,Inc. amended Assignment of Overriding Royalty No. 1 to include Oil and Gas
Lease No. 2 in its coverage.
4. By Amended Assignment of Overriding Royalty Interest dated June 25, 1982,
recorded January 18, 1983 in Book 986 at Reception No. 1914763 of the county records,
Cache Resources,Inc. amended Assignment of Overriding Royalty No. 2, above,to include
Oil and Gas Lease No. 2 in its coverage.
5. By Personal Representative's Deed dated July 14, 1993, recorded July 16,
1993 in Book 1392 at Reception No. 2341375 of the county records, Barbara J. Riekers,
Personal Representative of the Estate of Lewis C.Riekers,assigned to Barbara J.Riekers,an
individual,the entire overriding royalty interest obtained by Lewis C.Riekers in Assignments
Nos. 1 and 3, above.
6. Note that subject to the title comments and requirements set out below, the
overriding royalty interest reserved in Assignment of Leases 2 through 4 set out in
Assignment No. 1 under that topic was assigned down through the chain of title and merged
into the working interest of Foundation Energy Fund I, LLC.
As to Leases Nos. 5, 6 and 7
1. By Assignment dated February 10, 1983,recorded February 18, 1983 in Book
989 at Reception No. 1917986 of the county records, Bellweather Exploration Company
assigned to BEC General Employee Royalty Pool,an overriding royalty of 1/4`h of 1.5%of
8/8ths under the terms of Oil and Gas Leases Nos. 5 and 6.
2. By Assignment of Overriding Royalty dated February 10, 1983, recorded
February 18, 1983 in Book 989 at Reception No. 1917987 of the county records,Bellweather
Exploration Company assigned to George W. Aubrey,an overriding royalty of 1/8`h of 1.5%
of 8/8ths under the terms of Oil and Gas Leases Nos. 5 and 6.
3. By Assignment of Overriding Royalty dated February 10, 1983, recorded
February 18, 1983 in Book 989 at Reception No. 1917988 of the county records,Bellweather
Exploration Company assigned to Alan B. Nicol, an overriding royalty of 1/8t of 1.5% of
8/8ths under the terms of Oil and Gas Leases Nos. 5 and 6.
4. By Assignment of Overriding Royalty dated February 10, 1983, recorded
February 18, 1983 in Book 989 at Reception No. 1917989 of the county records,Bellweather
Exploration Company assigned to Paul E. McRill, an overriding royalty of 118th of 1.5%of
8/8ths under the terms of Oil and Gas Leases Nos. 5 and 6.
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5. By Assignment of Overriding Royalty dated February 10, 1983, recorded
February 18, 1983 in Book 989 at Reception No. 1917990 of the county records,Bellweather
Exploration Company assigned to Roger Hively, an overriding royalty of 1/8`h of 1.5% of
8/8ths under the terms of Oil and Gas Leases Nos. 5 and 6.
6. By Assignment of Overriding Royalty dated February 10, 1983, recorded
February 18, 1983 in Book 989 at Reception No. 1917991 of the county records,Bellweather
Exploration Company assigned to George W. Aubrey,an overriding royalty of 1/8`h of 1.5%
of 8/8ths under the terms of Oil and Gas Leases Nos. 5 and 6.
7. By Assignment of Overriding Royalty dated February 10, 1983, recorded
February 18, 1983 in Book 989 at Reception No. 1917992 of the county records,Bellweather
Exploration Company assigned to Michael J.Foy, as guardian for Jennifer E.Foy under the
provisions of the Uniform Gifts to Minors Act, an overriding royalty of 1/8t of 1.5% of
8/8ths under the terms of Oil and Gas Leases Nos. 5 and 6.
8. By Assignment dated September 16, 1986, effective July 1, 1986, and
recorded September 19, 1986 in Book 1128 at Reception No.2070113 of the county records,
Roger E. Hively assigned to the TBD 1986 Royalty, his entire 0.1875% overriding royalty
interest in Oil and Gas Leases Nos. 5 and 6.
9. By Assignment dated September 25, 1987,effective September 1, 1987,and
recorded November 2, 1987 in Book 1175 at Reception No. 2119774 of the county records,
George W. Aubrey assigned to Robert W. Lewis, one-half of 0.1875% overriding royalty
under the terms of Leases Nos. 5 and 6.
10. By Assignment dated September 25, 1987,effective September 1, 1987,and
recorded October 26, 1987 in Book 1174 at Reception No. 2118885 of the county records,
George W. Aubrey assigned to R. Robert Smith, an overriding royalty of one-half of
0.1875% under the terms of Oil and Gas Leases Nos. 5 and 6.
11. By Assignment of Overriding Royalty dated October 30, 1992,effective July
1, 1992, and recorded December 10, 1992 in Book 1362 at Reception No. 2314203 of the
county records,Paul E.McRill assigned to Escobar Energy,Inc.,his entire overriding royalty
of 1/8`h of 1.5% of 8/8ths under the terms of Oil and Gas Leases Nos. 5 and 6.
12. By Assignment dated October 30, 1992,effective July 1, 1992,and recorded
December 10, 1992 in Book 1362 at Reception No. 2314202 of the county records,Alan B.
Nichol assigned to Escobar Energy,Inc.,his entire 1/8t of 1.5%overriding royalty under the
terms of Oil and Gas Leases Nos. 5 and 6.
13. By Assignment dated October 30, 1992,effective July I, 1992,and recorded
December 10, 1992 in Book 1362 at Reception No.2314204 of the county records,R.Robert
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December 2, 2008
Smith assigned to Escobar Energy,Inc.,his entire 118th of 1.5% overriding royalty under the
terms of Oil and Gas Leases Nos. 5 and 6.
14. By Assignment of Net Profits Interest dated January 22, 1986, recorded
January 23, 1986 in Book 1100 at Reception No. 2040181 of the county records,Bracewell
Development Corporation assigned a net profits interest of 5%on wells spudded on or after
October 1, 1985, and 20%on certain other wells on the subject lands,to the following parties
in the following percentages:
Phoenix Mutual Insurance Company 53 1/3rd %
Phoenix American Life Insurance Company 13 1/3rd
State Street Bank and Trust, trustee for Continental
Airlines Pension Fund 13 1/3rd%
Society for Savings 20%
15. By Re-Assignment of Net Profits Interest dated effective July 1, 1992,
recorded June 1, 1993 in Book 1385 at Reception No. 2334964 of the county records,
Phoenix Mutual Life Insurance Company,Phoenix American Life Insurance Company and
Society for Savings re-assigned to Escobar Energy, Inc., all of their overriding royalty net
profits interest obtained in Assignment No. 14, above.
16. By Assignment of Net Profits Interest dated effective July 1, 1992,recorded
July 23, 1993 in Book 1388 at Reception No. 2338176 of the county records, State Street
Bank and Trust, as trustee for Continental Airlines Pension Fund, re-assigned to Escobar
Energy, Inc., all of its net profits interest as obtained in Assignment No. 14, above.
17. By Conveyance of Overriding Royalty Interest dated effective April 1, 1993,
recorded April 27, 1993 in Book 1380 at Reception No. 2330512 of the county records,
Escobar Energy,Inc. assigned to Barbara S.Aubrey,trustee under Trust Agreement of April
22, 1993 (later corrected to April 26, 1993) a royalty equal to 66.66% of the net profits
attributable to 25% of assigned owner's interest in Oil and Gas Leases Nos. 5,6 and 7,and
other leases. (This Assignment was re-assigned to merge with the working interest by
Assignment No. 34 of Oil and Gas Leases Nos. 5, 6 and 7, described above.)
18. By Assignment dated effective July 24, 2007, recorded August 28, 2007 at
Reception No. 3500227 of the county records, Robert W. Lewis assigned to Noble Energy
Production,Inc.,his entire overriding royalty interest under the terms of Oil and Gas Leases
Nos. 5 and 6.
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TITLE COMMENTS AND REQUIREMENTS
Note: All title comments and requirements from the prior title opinions have been satisfied,
were advisory only, or are dealt with in detail below.
1. Title to the lands in Section 26 was transferred into private ownership by
Patents dated prior to the date upon which the United States occasionally reserved oil and gas
minerals. Title to the lands under examination was transferred into private ownership by
virtue of patents dated in the 18th century from the United States to Denver Pacific Railway
Company. These patents contain the following reservation:
Yet excluding and excepting from the transfer by these presence,"all mineral
lands" should any such be found to exist in the tracts described in the
foregoing but this exclusion and exception according to the terms of the
Statute"shall not be construed to include coal and iron lands".
Grants to the railroads of the odd numbered sections or of indemnity lands,excluded
lands subject to prior claims or classified as mineral in character. On the basis of such
statutory exclusions, many of the patents issued to the railroads purported to exclude and
except "all mineral lands should any be found". In the leading case of Burke vs. Southern
Pacific Railroad,234 U.S. 669 (1914),it was held that the issuance of a patent constitutes a
determination by the government that the lands covered thereby were deemed to be non-
mineral in character when the patent issued. It was further held that such patent conveyed the
entire title and that any such exceptions were void. Consequently,subsequent to the issuance
of the patents in this case, the United States has no claim to or jurisdiction over the oil and
gas deposits in the lands.
REQUIREMENT: None; advisory only.
2. All of the subject Leases are well beyond the expiration of their primary
terms. Lease No. 1 has a primary term ending in 1984. In this regard, there appears a
Declaration of Pooling dated September 1, 1983,recorded September 6, 1983 in Book 1006
at Reception No. 1937373,whereby the W/2SW/4 of Section 23 was pooled and unitized for
the production of oil and associated hydrocarbons from the Codell formation. All of these
leases allow a unilateral declaration of pooling. Thereafter, there appears of record an
Affidavit of Production reciting that the Adam No. 1-23-19 Well was drilled prior to the
expiration of the primary term and continues to produce in paying quantities. The Affidavit
was recorded June 27, 1988 at Reception No. 3563552 of the county records.
As to Leases Nos. 2, 3 and 4, each of them had a primary term of one year and so
long thereafter and were all dated in June or September of 1982. Each of these leases
permits pooling or unitization by filing a Declaration of Pooling prior to the end of the
primary term. There does appear a Declaration of Pooling dated December 3, 1983,recorded
March 22, 1988 in Book 1189 at Reception No. 2134766, which is executed only by the
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December 2, 2008
lessor, Cache Resources,Inc. This would not serve to pool or unitize the leases. However,
the same was ratified by the lessor of Lease No.4(recorded in Book 1189 at Reception No.
2134767)and the owner of the minerals underlying Lease No. 1,Adbar Farms(Book 1189 at
Reception No. 2134768). It was not ratified by James G.Barry. Both of these Ratifications
also ratified the leases that were pooled or unitized.
REQUIREMENT: (a) You should obtain a further ratification
executed by James G. Barry, individually, so as to
make sure that all of these leases were considered
pooled as of the expiration of their primary terms.
We note also that there is an Affidavit of Production dated March 4, 1985,recorded
March 20, 1985 in Book 1062 at Reception No. 2002654, reflecting a well drilled and
producing in paying quantities on the Tract II, III, IV and V unitized lands.
REQUIREMENT: (b) None;advisory only. However,you should be
satisfied that the wells holding all of the subject
Leases continue to produce in such a manner as to
maintain them in force and effect through the date of
first production from the Barney No. 7 Well.
With respect to Leases Nos. 5 and 6, the prior Opinion notes that there appears of
record a Declaration of Pooling dated November 3, 1983, recorded in Book 1012 at
Reception No. 1945861,whereby all of Tracts IX and X were unitized to form a production
unit from the Codell formation. No Affidavit of Production exists,but it appears that a well
may have been drilled on that unit which would hold these leases by production.
REQUIREMENT: (c) You should be satisfied that at least one well
has been producing on the Tract a and X lands which
would hold Leases Nos. 5 and 6 by production. In
addition, at such time as you obtain production from
the Barney No. 7 Well, an Affidavit of Production
specifically naming all of the leases should be filed
for record in Weld County.
3. Cache Resources,Inc. was the owner of the leasehold working interest as to
Tracts II,III,IV and V when,by Assignment dated January 20, 1983(Assignment No. 1 as to
these leases, above) it conveyed the same to CRI-Barney, a Colorado general partnership.
That Assignment reserved an overriding royalty of 1.75%,which converts at payout to a 25%
working interest. Thereafter, the after payout working interest was assigned to Wilbert R.
Wiedeman,John C.Dollarhide,Thomas R.Scheirman,Nicholas D. Frances and Edward A.
Holloway by Assignment dated December 31, 1986 (Assignment No. 2), as corrected by
Assignment No. 3. Thereafter, by Assignment dated effective September 1, 1997, CRI-
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December 2, 2008
Barney, joined by the owners of the convertible overriding royalty, assigned all of their
interest to Southwestern Eagle, LLC,as to the NE/4SW/4 of Section 23 only. Thereafter,
this interest was attempted to be assigned to Foundation Energy Fund I,LLC by Assignments
Nos. 6 and 7, but these assignments only described Leases Nos. 4 and 6, and ignored Lease
No. 5.
In an attempt to resolve the issues created by these Assignments, you had obtained
Assignment No. 8, effective March 1, 2003, but this was only executed by four of the five
assignees of Assignments Nos.2 and 3,and Thomas R.Scheirman did not execute the same.
In order to fully obtain 100%of the leasehold working interest,the following actions must be
taken:
REQUIREMENT: To be completely satisfied as to your title to Leases
Nos. 2, 3 and 4, you should obtain an assignment of
the leases from CRI Barney, a Colorado partnership,
which properly describes all of the lands covered by
these leases,and not just the NE/4SW/4 of Section 23.
In addition,to wipe out the potential that Thomas R.
Scheirman owns a 20% of 25% back-in working
interest at"payout",you should obtain an assignment
from him as to that interest. Any such assignment
should be filed for record in Weld County,Colorado.
4. As noted in the history of Oil and Gas Lease No. 1,starting with Assignment
No.4 of this lease,numerous interests were assigned subject to a right to back-in at"project
payout"which was defined as the cost of drilling,completing,equipping and operating seven
wells, as identified in Assignment No.4, above. Most of those interests were re-assigned to
the owner of the back-in and, in our opinion, these interests merged and ceased to have
separate existence. However,the interest of PDB Enterprises 85A Properties and M&R Oil
Company did not come back into Noble Energy Production, Inc. or its predecessor, and
remain subject to this back-in right. We cannot determine from the materials examined
whether this"project payout"has occurred so as to enable Noble Energy Production, Inc. to
back-in to 25% of these two interests in Tract I.
REQUIREMENT: For division order purposes, it will be necessary for
Noble to determine from its records and the records of
its predecessor whether project payout of the seven
wells listed has occurred. If it has, Noble should be
credited with 25% of the working interest of PDB
Enterprises 85A Properties and M&R Oil Company,
as set out in the Division of Production and
Ownership Schedules, above.
Foundation Energy Management,LLC Page 55
December 2, 2008
5. Herman D. Feit and Dorothy J.Feit are collectively the record title owner of
50%of the minerals underlying Tract I. There is nothing in the records obtained from Weld
County that indicate any conveyance by them. However,you have supplied us with revenue
decks from Noble Energy Production, Inc. which make no reference to these people, but
which appear to credit this interest to Helen M. Paul,Michael R.Karrol,Margaret G.Karrol
and Alex W. Karrol, in equal shares. In fact, Herman D. Feit and Dorothy J. Feit were the
owners of all minerals underlying Tract IX. In this tract, however, there is a clear chain of
title out of them and ultimately into Helen M.Paul et al.
REQUIREMENT: For division order purposes,you should require Noble
Energy Production, Inc. to supply evidence that the
interest of Herman D.Feit and Dorothy J.Feit in Tract
I has passed, either by conveyance or by probate, to
the parties listed in their revenue decks.
6. As noted in Assignment No. 33 of Leases Nos. 5 and 6,the interest assigned
to Ralph Davidson was apparently assigned by the Trustee of the Ralph Parsons Davidson
Trust to Tower Energy in 1993. However, there is nothing to tie the trust or the trustee to
Ralph Parsons Davidson.
REQUIREMENT: You should confirm that the Ralph Parsons Davidson
Trust acquired the interest formerly owned by Ralph
Davidson, and that Kenneth E. Clemons was, in fact,
the trustee of the Ralph Parsons Davidson Trust.
7. As noted above, we have credited PDB 1986 Royalty with an overriding
royalty of 0.156026% in Tracts I, VI, VII, VIII and IX, the same having been conveyed to
him by Roger Hively by Assignment of Overriding Royalty Interest No. 10 as to the leases
covering these lands. We note that Noble's revenue decks do not reflect this entity as owning
any overriding royalty. There is no conveyance out of PDB 1986 Royalty to anyone
according to the materials we have examined.
REQUIREMENT: For division order purposes,you should require Noble
Energy Production, Inc. to provide evidence that this
interest has been conveyed to them or to a predecessor
of theirs, and that the assignment of this interest is of
record in Weld County, Colorado.
8. Before December 31, 1992,one-half interest in Tracts II,IV and V was owned
by Jeffrey B. Carlson and Nancy J. Carlson, as tenants in common. The other one-half
interest was owned by James G. Barney and Betty Jo Barney. Thereafter, the following
sequence of conveyances was made.
Foundation Energy Management, LLC Page 56
December 2, 2008
(a) By Special Warranty Deed dated December 31, 1992, recorded March 11, 1993
in Book 1373 at Reception No.2324719 of the county records,Jeffrey B.Carlson
and Nancy J. Carlson conveyed to the Zachary and Amanda Carlson Irrevocable
Trust, "an undivided one-half interest, being all of Grantors' interest in and to"
[the Tract IV and V lands].
(b) By Special Warranty Deed dated February 19, 1993,recorded March 11, 1993 in
Book 1373 at Reception No. 2324720 of the county records, James G. Barney
and Betty Jo Barney, and the Zachary and Amanda Carlson Irrevocable Trust
(Jeffrey B. Carlson,Trustee) conveyed all of the Tract III and V lands to Adbar
Farm Limited Partnership, a Colorado limited partnership.
(c) Some eight months later, by Correction Special Warranty Deed dated October
21, 1993,recorded October 28, 1993 in Book 1408 at Reception No. 2357083 of
the county records, the Carlsons, and the Zachary and Amanda Carlson
Irrevocable Trust, agreed that the first above-referenced deed was to convey an
11.89% interest, being 23.78% of Grantors' undivided one-half interest. Since
they had already conveyed all of their interest to Adbar Farms, we have
interpreted this deed as having no effect.
(d) On the same date, October 21, 1993, a Special Warranty Deed was executed by
Jeffrey B. Carlson and Nancy J. Carlson in favor of the Zachary and Amanda
Carlson Irrevocable Trust,which Deed was recorded October 28, 1993 in Book
1408 at Reception No.2357084,by which they purported to convey an undivided
38.11% "being all of Grantors' remaining interest" in the Tract II, IV and V
lands. The Deed contains the following self serving statement:
By virtue of this conveyance the grantee now owns and holds and
(sic) undivided one-half(1/2) interest in and to the above described
property of the block.
We have set out the entire interest in Tract II as being in Adbar Farm Limited
Partnership, notwithstanding the attempt,after the fact,to revoke some of this conveyance by
Assignments Nos. (c)and(d),above. Adbar Farms subsequently conveyed Tract V and we
have credited the grantee and its successors with that interest.
The problem is that Jeffrey B. Carlson and Nancy J. Carlson may believe that the
Zachary and Amanda Carlson Irrevocable Trust somehow still owns a one-half interest in the
Tract II,IV and V minerals. We do not see how this could possibly he the case,since by the
assignment set out in Paragraph (b), they convey all of that interest.
REQUIREMENT: Unless you are willing to make the business judgment
to assume the risk that the Zachary and Amanda
Carlson Irrevocable Trust could make no valid claim
Foundation Energy Management, LLC Page 57
December 2, 2008
against this interest,the same should be suspenses and
you should commence an action in interpleader,
naming all potential owners,and pay the monies into
the court for further disposal.
9. Your attention is invited to Assignment No. 1 of Lease No. 1 and of Leases
Nos. 5 and 6. The exhibit to this Assignment listing the leases contains a column entitled
"Depth Limitation" and the notation in that column for each of these leases was "Code11
formation". At the very least,this language was unclear. There appears of record,however,
a"Clarification of Oil and Gas Lease Assignments"executed by the assignor of Leases Nos.
1, 5 and 6, reciting that notwithstanding the language in the assignments, it was his intent
that the assignment cover formations from the surface to the base of the Codell formation.
By a Clarification of Oil and Gas Lease Assignments of the same date, and also describing
the subject lands,H.L. Willett also recited that certain assignments recited that they were to
the "J Sand formation", wherein he meant all depths from the surface to the base of the J
Sand formation. You have advised that notwithstanding these discrepancies, you have
discussed this matter with H.L.Willett and that he insists that he conveyed all depths and that
he owns no interest whatsoever in Leases Nos. 1,5 and 6,except his 11%overriding royalty
interest.
REQUIREMENT: We have limited our Division of Production Schedule
to depths from the surface to the base of the Codell
formation, as this is the most likely result of a
declaratory judgment action necessary to clear this up.
If you intend to disperse proceeds of production from
formations below the base of the Codell formation,
however, all working interest should be suspensed and
subsequently created overriding royalty interests
should be suspensed, until such time as you have
either obtained from H.L. Willett an assignment of
those depths, or a further disclaimer that he intended
to assign all depths, or a decision to this effect from a
court of competent jurisdiction.
10. We also note that, at least one additional assignment (Assignment No. 63
under the Assignments of Oil and Gas Lease No. 1) also is limited to the Codell formation.
REQUIREMENT: You should request that Noble Energy, Inc. obtain a
correction assignment from Robert W. Louis into
itself whereby his interests are assigned as to all
depths. The same should be filed for record in Weld
County, Colorado.
Foundation Energy Management,LLC Page 58
December 2, 2008
11. The subject Well, the Barney No. 7, was drilled at a location designated in
Rule 318 of the Colorado Oil and Gas Conservation Commission,pertaining to the Greater
Wattenburg Area. Pursuant to that rule, an additional well may be drilled and will
encompass and be allocated to the four adjacent quarter-quarter sections. You have supplied
us with a Declaration of Pooling which is unexecuted and unrecorded,which accomplishes
this purpose. All of the leases allow unilateral pooling.
REQUIREMENT: The Declaration of Pooling,in the form and substance
supplied by you, should be properly executed and
acknowledged, and filed for record in Weld County,
Colorado.
12. By Assignment dated September 16, 1982, E.R. Hewitt obtained a 1.0%
interest in the leasehold of Tract I. When he conveyed his interest in 1992,he used the name
Edward R. Hewitt. Technically, under the title standards, had he said "also known as"
Edward Hewitt, the change could be recognized since it was more than 20 years old.
However,as a technical matter,the Colorado Title Standards would consider this error to be
a marketable title issue.
REQUIREMENT: None;advisory only. However,unless you are willing
to waive this requirement because of the minor
interest involved, and the passage of time,you should
obtain an affidavit that E.R. Hewitt and Edward R.
Hewitt are one and the same, and the affidavit should
be filed for record in Weld County, Colorado.
13. We note that although we have book and page title chains from Crews &
Zeren,we were only supplied with copies of the actual documents which they highlighted on
those title chains. At your request, we have relied upon just the documents supplied and
have not inquired further as to the non-highlighted documents. Moreover, Crews &Zeren
reflects that they obtained their title chains from the offices of LandAmerica,which is a local
abstractor in Weld County, with whom we are familiar and upon which nearly all operators
rely. Nevertheless, Crews & Zeren disclaims any responsibility for losses, damages,
inconvenience or otherwise resulting from the use or reliance upon said records.
REQUIREMENT: None; advisory only. However, our opinion is
similarly limited to the correctness of the title chains
obtained by Crews & Zeren from the LandAmerica
records.
14. Under Colorado law, proceeds from production must be paid to the owners
thereof not later than six months after the end of the month in which production is first sold.
Thereafter,such payments must be made on a monthly basis not later than sixty days for oil
Foundation Energy Management,LLC Page 59
December 2, 2008
and ninety days for gas and associated products following the end of the calendar month in
which the production was sold. § 34-60-118.5, Colo. Rev. Stat. Your payments to the
owners of interests in production from the subject well should be made in conformance with
these time frames.
REQUIREMENT: None; advisory only for drilling purposes. However,
in the event of production you must comply with the
terms of this statute.
15. Many counties and municipalities in the State of Colorado have enacted
ordinances which purport to have an effect upon oil and gas drilling and development.
Certain of these regulations have been determined to be invalid,but others have been upheld
by the courts as valid exercises of local rights and not in conflict with the rules and
regulations of the Colorado Oil and Gas Conservation Commission. From the materials
examined,we cannot enumerate whether any such regulations may have an effect upon your
operations on the subject lands.
REQUIREMENT: Prior to conducting operations on the subject lands,
you should be satisfied that your operations are either
in accordance with the regulations, or that the
regulations do not properly impact the same.
16. This opinion is subject to the rights of all parties in possession of the premises
and to matters of survey which are not readily apparent from the materials examined by us,
including easements and road and railroad rights-of-way and rights in reservoirs, ditches or
laterals thereto which may be located upon or traverse the captioned property.
REQUIREMENT: If you have not already done so,a detailed inspection
should be made of the surface of the subject lands and
you should be satisfied that none of the matters
referred to above does exist which would in any way
be in derogation of your title.
Foundation Energy Management, LLC Page 60
December 2, 2008
Subject to the title comments and requirements set out above, it is our opinion that
you may circulate appropriate division orders and,after execution of the same,proceed with
the disbursement of proceeds of production in accordance with the schedule as we have it set
out above.
Very truly ours,
BJO T FY LITTLE PC
Pet r A. Bjork
PAB:jlj
Cc: Cruz &Zeren
P.O. Box 336337
Greeley, CO 80633
Attention: Ms. Cynthia A. E. Zeren, CPL
COGIS - WELL Information Page 1 of 2
COGIS - WELL Information
Scout h C Related Q. Insp. GIS la Doc D. Y Wellbore Orders
Card MIT COA
Surface Location Data for API # 05-123-25415 Status:
PR 8/18/2008
Well Name/No: BARNEY#7 (click well name for production)
Operator: HRM RESOURCES II LLC-10548
Status Date: 8/18/2008 Federal or State Lease#:
County: WELD#123 Location: SESW 23 6N 66W 6 PM
Field: BRACEWELL -#7487 Elevation: 4,719 ft.
Planned Location 231 FSL 1500 FWL Lat/Long: 40.46723/-104.74872 Lat/Long Source: Field Measured
As Drilled Location Footages Not Available Lat/Long: 40.46722/-104.74872 Lat/Long Source: Field Measured
Wellbore Data for Sidetrack#00 Status:
PR 8/18/2008
Spud Date: 6/23/2008 Spud Date is: ACTUAL
Wellbore Permit DIRECTIONAL
Permit#: 20076436 Expiration Date: 1/27/2009
Prop Depth/Form: 7771 Surface Mineral Owner Same: Y
Mineral Owner: FEE Surface Owner: FEE
Unit: Unit Number:
Formation and Spacing: Code: CODL, Formation: CODELL, Order: 381-5 , Unit Acreage: 160, Drill Unit: GWA
Formation and Spacing: Code: JSND , Formation: J SAND , Order: , Unit Acreage: 160, Drill Unit: GWA
Formation and Spacing: Code: NBRR , Formation: NIOBRARA, Order: 381-5 , Unit Acreage: 160, Drill Unit: GWA
Wellbore Completed
Completion Date: 6/28/2008
Measured TD: 7355 Measured PB depth: 7319
True Vertical TD: 7319 True Vertical PB depth: 7283
Top PZ Location: Sec: 26 Twp: 6N 66W Footage: 107 FNL 1107 FWL Depth
Bottom Hole Location: Sec: 26 Twp: 6N 66W Footages: 107 FNL 1107 FWL Depth
Log Types: CBL/GR/CCL, CD/CN/DIL
Casing: String Type: SURF , Hole Size: 12.25, Size: 8.625,Top: 0, Depth:467,Weight:
Cement: Sacks: 360, Top: 0, Bottom:467, Method Grade:
Casing: String Type: 1ST, Hole Size: 7.875, Size: 4.5,Top: 0, Depth: 7334,Weight:
Cement: Sacks: 445, Top: 2996, Bottom: 7334, Method Grade: CBL
Formation Log Top Log Bottom Cored DSTs
NIOBRARA O B RA RA 6983 7010 N N
CODELL 7172 7192 N N
Completed information for formation CODL Status: CM 8/18/2008
1st Production Date: 8/13/2008 Choke Size:
Status Date: 8/18/2008 Open Hole Completion: N
Commingled: Y Production Method:
Formation Name: CODELL Status: CM
Formation Treatment
Treatment Date: 8/11/2008
Treatment summary: 643 BBL VISTAR X-LINK PAD, 286 BBL VISTAR W/1 PPG 20/40 SAND,478 BBL VISTAR W/2
PPG 20/40 SAND, 644 BBL VISTAR W/3 PPG 20/40 SAND, 508 BBL VISTAR W/4 PPG 20/40 SAND, 61 BBL VISTAR
W/4 PPG RESIN COAT(SB EXCEL)SAND
Tubing Size: Tubing Setting Depth:
Tubing Packer Depth: Tubing Multiple Packer:
Open Hole Top: Open Hole Bottom:
No Initial Test Data was found for formation
CODL.
Perforation Data:
http://cogcc.state.co.us/cogis/FacilityDetail.asp?facid=12325415&type=WELL 2/22/2016
COGIS - WELL Information Page 2 of 2
Interval Bottom: 7190 Interval Top: 7174
#of Holes: 64 Hole Size: 0.41
Completed information for formation NB-CD Status: PR 8/18/2008
1st Production Date: 8/13/2008 Choke Size: 0.156
Status Date: 8/18/2008 Open Hole Completion: N
Commingled: N Production Method:
Formation Name: NIOBRARA-CODELL Status: PR
Formation Treatment
Treatment Date: 8/11/2008
Treatment summary: 2 STAGE FRAC(SEE INDIVIDUAL FORMATION TREATMENT INFORMATION)
Tubing Size: Tubing Setting Depth:
Tubing Packer Depth: Tubing Multiple Packer:
Open Hole Top: Open Hole Bottom:
Initial Test Data:
Test Date: 8/18/2008 Test Method: FLOWING
Hours Tested: 24 Gas Type: SHALE
Gas Disposal: SOLD
Test Type Measure
BBLS_H2O 82
BBLS_OIL 62
BTU_GAS 1255
CALC_BBLS_H2O 82
CALC_BBLS_OIL 62
CALC_GOR 2823
CALC_MCF_GAS 175
CASING_PRESS 220
GRAVITY_OIL 51
MCF_GAS 175
Perforation Data:
Interval Bottom: 7190 Interval Top: 6988
#of Holes: 144 Hole Size: 0.41
Completed information for formation NBRR Status: CM 8/18/2008
1st Production Date: 8/13/2008 Choke Size:
Status Date: 8/18/2008 Open Hole Completion: N
Commingled: Y Production Method:
Formation Name: NIOBRARA Status: CM
Formation Treatment
Treatment Date: 8/11/2008
Treatment summary: 6.6 BBL 15% HCI, COULD NOT BREAK DOWN FORMATION,WILL ATTEMPT WHEN DRILL
OUT FTBP
Tubing Size: Tubing Setting Depth:
Tubing Packer Depth: Tubing Multiple Packer:
Open Hole Top: Open Hole Bottom:
No Initial Test Data was found for formation
NBRR.
Perforation Data:
Interval Bottom: 7008 Interval Top: 6988
#of Holes: 80 Hole Size: 0.41
http://cogcc.state.co.us/cogis/FacilityDetail.asp?facid=12325415&type=WELL 2/22/2016
COUNTY ATTORNEY STAFF APPROVAL
This is to affirm the attached Division Order and authorization to receive payment for an
oil and gas well has been reviewed by the County Attorney's staff as to form and legal
description.
Well Name(s): Barney 7 File Location(s): LE0070-3
BY: DATE: f/ 2-1(742
Bruce Barker - County Attorney
NOTES: .57 mineral acres/ 160 acres spacing unit * 1/6th % = .00059375 rounded to .0059380 MATCH
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