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HomeMy WebLinkAboutC2007-110 - 3/20/2007 - ApprovedDIVISION ORDER 7~O: Geiser Operating, [nc. Effective Date: First Day of Production P.O. BoX 1303 Port(and, Texas 7R374 The undersigned, severally and not jointly, certifies it is the legal land owner of the interest set out below of atl the gas (which shall mean the proceeds from gas, including casinghead gas) and of ail of the oil and related tiquid hydrocarbons produced from the property described below: Ope.tator: Geiser Operating, Inc. Property (Well) Names: Ful ler-Newton # 1 Cou~ty: Goiiad Stat:,: Texas Leg~l Description: See Attached Exhibit "A" Divition of Interest: See .Attached Exhibit `B" THI~ AGREEMENT DOES NOT AMEND ANY LEASE OR OPERATING AGREEMENT BETWEEN TH~ INTEREST OWNERS AND THE LESSEE OR OPERATOR OR ANY OTHER CONTRACTS FOR THE' PURCHASE OF OIL OR GAS T'he following provisions apply to each interest owner ("owner") who executes this agreement: TERMS OF SALE;: The undersigned will be paid in accordance with the division of interests set out abo~. The payor shall pay all parties at the price agreed to by the operator for oil and gas to be sold purs~ant to this division arder. Purchaser shall compute quantity and make corrections for gravity and temp~erature and make deductions for impurities. If the sale of gas is made from other than at the well or at the l+~se supsrator, then the gas sale proceeds to which this Division Order shall apply shall be net proceeds after deduc~ion of transportation, compression, and other costs incurred in connection with the making of such gas sa~s. PAYMEI~'T: F'rom the effective date, payment is to be made monthly by payor's check, based on this division of interest, for oil run and for gas produced and saved during the preceding ca(endar month from the property listed above, less t~es required by law to be deducted and remitted by payor as purchaser. Payt~ents of less than $100 may be accrued before disbursement until the total amount equals $100 or more, or u~ii l? months' proceeds accumulate, whichever occurs first. However, the payor may hold accumulated proc:~eds of less than $10 until production ceases or the payor's responsibility for making payment for prod~tction ceases, whichever occurs first. Payee agrees to refund payor any amounts attributable to an interost or p~rt of an interest that payee does not own. INDEMNITY: The owner agrees to indemnify and hold payor harmless from all liability resulting from payments made to the owner in accordance with such division of interest, including but not limited to attart~e}- fees or judgments in connection with an_v suit that affects the owners interest to which payor is made a party DISPUTE; WITHHOLDING OF FLJNDS: If a suit is filed that affects the interest of the owner, wrirte~n notice shall be given to payor by the owner together with a copy of the comptaint or petition filed. [n the event of a clairn or dispute that affects title to the division of interest credited herein, payor is autha~ized to withhold payments accruing to such interest without, without interest unless otherwise required by applicable statute, until the claim ~~r dispute is settled. 200?-1~0 03/20/07 Res02? 1 ?'7 Gei~er Opee-ating ~ . , .~ .~ .w .. .__ .,,~.._ ~ __.,,_..,... ,_ _. ~ _ I'ERMINATION: Termination of this agreement is effective on the first day of the month that beg~s afte~ the 30`h day after the date written notice of termination is received by either party. NOTICES: The owner agrees to notify payor in writing of any change in the division of interest, inclttding changes of interest contingent on payment of money or expiration of time, at least one month in adv~ce of the effective date of any change in the interest in production owned by the undersigned. No change of interest is binding on payor until the recorded copy of the instrument of change or documents satisfactorily evidencing such change are furnished to payor at the time the change occurs. Any change of interest shal l be made effective on the first day of the month following receipt of such notice b~ payor. Any correspondence regarding ihis agreement shall be furnished to the addresses listed unless othetwise ~ivised by either party. In addition to the legal rights provided by the terms and provisions of this division order, an owner may have certain statutorv rights under the laws of this state. (ntetaest Owner: Na~ne: __ ~ ~ ~ C~}-/V,AGE''~ S i~nature : Social Security/Tax ID No.: ___~~~~~ ~~~.S~~JC Address: Telephone: ~~~ ~ ~~ ~~ ~~ Fax: ~ I~ ~~- ~d~i~ Err~il: _ __~ e N ~j C CG~°}~~[ l, Gu,'~ Faiiure to furnish Social Security/Taar ID number will result in 31% withholding taat in accordance with 1~ederal lew, and any tax withheld will not be refundable by payor. ApAroM9d 88 t0 fom~ i ~ 111 Z~ ~qs~ ~ y q~~n~,,~ E. ~A~,- o9de~ EXHIBIT "A" Le~sl Des~s~ption: Al1 that certain 4Q acres of (and situated in Goliad County, Texas, as more particutarly described as fo(l~~vs, to wit: The 40 acres as shown on plat is a 1320' square centered around the well located 7074.7' FEL and l 856.9' FSL and 42b0' FNL of Pedro Trevino A-45 in Goliad County, Texas. lnsofar and only insofar as said acreage covers the interval 1,500 feet from the surface of the earth to ~,1fl0 feet from the surface of the earth. A11 intervals above I500' and below 2100' are hereby resecved and excepted. F.nd of Exhibit `~A" .,F. ~_,~ _.~ ___-. .,,w~. R.a,~,~..,. _ _ _ . EXHIBIT ~B" C~us Cltristi Pub(ic Library c1o C ity of Corpus Christi Att~: Dircctor of City Libraries P.Q. Box 9277 Coe~us Christi, Tx 78469-9277 a i4 of .04166667 of 4/5 of 1/16 or .00052084 End of Exhibit "B"