HomeMy WebLinkAboutC2007-113 - 3/20/2007 - ApprovedDIVISION ORDER
STATE OF TEXAS
TO: 1~aliis Energy, inc. Date: November 8, 2006
4~12 T~e Six Hundred Building Division Order No.: 111
~rpus Christi, Texas 78473 Effective Date: October 2, 20Q6
The undersigned severaUy and not jointly certifies that it is the legal owner of the interest set out below
of a11 the oil and gas and related liquid hydrocarbons produced from the property described below. The word
"oil" shall ~atso indude condensate, distillate and other liquid hydrocarbons, and the word "gas" shall also include
casinghe~d gas. This Division Order shall apply to production from the following described property situated in
the Coun~ of Nueces, State of 7exas, to-wit:
TEX-MEX GAS UNIT
359.17114 acres of land, more or less, lying in Nueces County, Texas, more
particularly desct~ibed in that certain Unit Designation Agreement , made by
Kelly Bell, dated March 1, 1972, filed of record on April 10, 1972, recorded in
Volume 295, at Pages 596-639 of the Oil and Gas Lease Records of Nueces
County, Texas, to which referenced is here made for descriptive purposes.
Wallis Ert~'gy, tnc. ("Payor") will make distribution of proceeds from the sale of gas and/or oil, as applicable,
from the 8~ove described property in accordance with the following division of interest:
N~1ME _~_ INTEREST IN TOTAL PRODUCTION
(4) CITY OF CORPUS C!-IRISTI 000561575
A Te~as Municipal Corporation
ATTN: Director of City Libraries
P. O. Box 9277
Corpus Christi, TX 78469-9277
(1) GE~GE MICHAEL DONAHOE 000561575
Clo 1Nells Fargo Bank, N.A., Agent
750 E. Mulberry, Suite 310
San Antonio, TX 78212
(~j FIR~T PRESBYTER~4N CHURCH .000561575
OF CORPUS CHRISTI, TEXAS
403 S. Carancahua S~treet
Corpus Christi, TX 78401
(~ SOIJTHWEST FOUf~ATION FOR .000561575
BIO~DICAI. RESEARCH
A T~cas Non-Profit Corporation
ATTfiI: Treasurer
P. O', Box 760549
San Antonio, TX 78245-0549
THIS AGREEM~NT DOES NOT AMEND ANY LEASE OR OPERATING AGREEMENT
BETWEE~I THE MITEREST OWNERS AND THE LESSEE OR OPERATOR OR ANY OTHER CONTRACTS
FOR THE PUR~HASE OF OIL, GAS OR LIQUID HYDROCARBONS PRODUCED IN ASSOCIATtON WITH
GAS.
Tlfe follo~wing provisions apply to each interest owner ("Owner") who executes this agreement.
1. T~ERMS E}F SALE: The undersigned will be paid in accordance with the division of interests set out
ab~ve, ~d in accordance with the lease or other agreement to which the undersigned and Payor is a
2007-113
03/20!f17
Res02~? ~?
Wallis Ener~~
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Uivisiar~ Order No. 1 ~ '
Tex Mex Gas Utrit
Page Twp
2. P~AYM~1T:
(a) From the effective date, payment is to be made monthly by Payor's check based on the division
~ interest set forth herein. Payor shall have the right to deduct in making settlement for such
hydrocarbons the amount of any and all severance or production taxes thereon payable by
Payor for and to be borne by the parties hereto under the laws of the state where the property is
Eocated.
{b) Payments of less than $100.00 may be accrued before disbursement until the total amount
equals $100.OQ or more, or until December 31 of each year, whichever occurs first.
{c) Owner agrees to refund to Payor any amounts attributable to an interest or part of an interest
~hat Owner does not own
3. II+~EMI~'rY: The owner agrees to indemnify and hold Payor harmless from all liability resulting from
p~ymen~s made to the Owner in accordance with such division of interest in the event Owner does not
ha~ve me~rcchantable title to the represented interests in the production sold, including but not limited to,
a~rney fses or judgements in connection with any suit that affects the Owner's interest in which Payor
is made 8 party.
4- t~SPUT~; WITHHOLDING OF FUNDS:
(a) tf a suit is filed th~t affects the interest of the Owner, written notice shall be given to Payor by
the Owner together with a copy af the complaint or petition filed.
(b) In the event of a claim or dispute that affects title to the division of interest credited herein,
P~yor is authorized to withhold payments accruing to such interest without interest unless
otherwise required by the applicable lease or agreement to which Owner and Payor is a party or
by the applicable statute, until the claim or dispute is settled.
5. T~MfNATION: Termination of this Agreement is effective on the first day of the month that begins after
the~ 30th day after the date written notice of termination is received by either party.
6. NC~TICES:
(a) The pwner agrees to notify Payor in writing of any change in the division of interest, including
ct~anges of interest continge~t on payment of money or expiration of time.
(b) Na change of inter~t is binding on Payor until the recorded copy of the instrument of change or
dcycuments satisfactorily evidencing such change are furnished to Payor at the time the change
occurs.
(~) AF4y Change Of inteFest shall be made effective on the first day of the month following receipt of
sueh notice by Payor.
(d) Any correspondence regarding this Agreement shall be furnished to the addresses listed unless
otFaervvise advised by either party.
7. A~ITFQI~AL. RtGHTS: In addition to the legal rights provided by the terms and provisions of this
divi~on order, an Owner may have certain statutory rights under the laws of this state.
Division Order No. ~ ? ~
Tex Mex Gas Unit
Page Ttkee
NOTIC~ Failure to furn~h your Socia! SecurityRax I.D. number wi11 result in twenty percent (2096)
withhol~ing t~c in accordance with federai law, and any tax withhoid will not be refundable by Payor.
Please I~sert ~his number in the space opposite your name as shown below.
WITNE~I6ES
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Interest Qwner.
OWNERS SIGNATURE
TAX I.D.
OR SOC. SEC. NO.
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80547
CITY OF CORPUS CHRISTI
A Texas Municipal Corporation
ATTN: Q~ector of City Libraries
P. O. Box 9277
Corpus Christi, TX 78469-9277
.oo22as~o
App~aed es to tan~ il Ii,Zo~l
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A~t~t
For c~ty Attomey
F"`" ~~g ~ Request for Taxpayer
a v,. ~.
~~''~""~ ~ ldentification Number and Certification
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Bu~tnes~ eu~ne, if d'rffaent
Giva form to thg
requoster. Do nat
send to the ~R~,
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cr,eck ,va~P~e boz: ^ so~e,,r~ta D C«p«atla, D P~tr,~P I~Yo~r .~u~rrM/ p ~dir~ eackw
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TEXON LP
11757 KATY FREEWAY SUIT'B 1400
HOUSTON TX 77079_1725
~~yoi
~~ n~ FePP'~P~e box The ~~ ~ mabch the nanme.0iven on Llne 1 to avdd Sociai seatRy na~ber
Midf~tdu~s. tltit is
~' , ~~ ee~lY, see the Par~i~ on ~ 3.~~'other aendt'~it is
(~j. H you do not have a ncrnber. see How to qet a T!N on pape 3. or
~~the acaotwrt is in rrar~e d~an ov~s rtarne, sae ~e d~arf on page 4 for gutdepnes on whose nwnber
idaWAqtlon wumbar
~~~~, ---- r ~ ~~v b e is-~~ ~
~ ~ ~ P~-Y. 1 cert~y 1f-at ----
1. Ths~anber~Aovm on this form is r-N correct taxpayer idenlfRc~tion rwxnper
2. ~ an~ nor ~ b 6eca~p ~ neca,as: ~ am (a ~ a~„ wa~ir,g fo~ a rn.nna eo be I~,aa 6O ~ and
se~r~ir. (tF~sl th~ ~.m a,1~ct to W aooen,pr riom a.ao,~ wltht,ol~g, a ro? ~ have noc bee~, rwunea by ~ne rne~
~ir~ ~It ! am no lorqer ~ b ~~^e~ af w falkae Eo rbport a1 Ir~erest a~~ a, (~1 ~e IRS I~as
3. 1 s+tt a U.S. p~ ~ a U.S. -esident afen).
~M~fo+ts. Yau muet ao~s out tem 2 above If you hevn Ceen cwtl~ed
~ ~'~e Ya+ have fded to ppo~t aN p~Eerss~ s~ d~Adends on bY the IRS that you ere qsrently ~,K ~ p~ '
. ~~st Padd. apQ~on or ebandcrx~~ c~{ ~~ . Y~ t~ rylt~n. Fpf re~l estate trar~..kun 2 does not
~~~~Y. PaY~ ottrllhan interest and ~vi~ ~11~fion a? debt~ carMbiJtlole to an inavkfual re~ '
P~de ~ou- catlMCt TllV. (5ee the on page 4.) ~~ tO ~ the Certlfication. but You must
H91'oB ~w+~ or
~- ~rraon - _ . _~---~---' . / /
Purp~se oi Form
~~ °~ ~Y~ ~ea a" ~O~abon retum vvhh tne
~P~+' identitit:~tion nurt~-
~~ ~ you Paid, t~~'~~n o~r ~
co~rMb~ons .~~ P~OP~Y. ~ceqatfon of debt, or
Yau made to an ~Rq,
U,& Pl~sort UN Form W-9 only 'rf y~ou are a U.S. person
~ a-ee~nt a6en~ to Pr~vid~ yow~ cor~ect TiN to the
~~ ~~ ft(~ re4uester} 1nd. when appGpble, to:
1. Ce~lify tt~ ~e TiN you a~e 9~~9 ~ conrect (a' Yot.i are
wat~ng tor a n~xnber to be issued).
2. Ce~tify that y~ou ere noi subject to backup withholding,
or ,
3. ~~~0~ ~~1NP withholding if you are a
U.S. e~c~mpt payee.
Note. It e requiiB~r gives yrw a form other thar- Form W-9 to
~r n~ Yvu must use the iequester's form i/ it is
1y sirrlr7sr to this Form W-g.
For fe~lerat tax purPoses You are considered a person lt you
are:
~ M irx~ividual who is a citize~ or ~esident of the United
States,
• A P~lhershiP. pxPoration, companY. or association
~~~ i~ a9~ed ~n the United 9tates or under the laws
of tfie l~ited S~ttes, or
Cat. No 10231 X
~~
• Any estate (otlier th~ a fo~eign estate) or trust. See
~9~tions sectior~s 301.77Q1-fi(~ and 7(a~ ior qdditional
information,
F~F9~ Person. !f you are a fore~n P~, do not use
Form W-9. ~nst~d, use the apprcpriate Fortn W-8 (see
~ g 515E~,~ af Tax on Norwgsldent ~eas
Nonresident a~en who becoenes a resident aNen.
~'~I :~NY a nonresident a6en iidvidual may use the
terrr~s of a tax treatY to reduce or elirt~r~e U.S. ta~c on
certain types of inc~rne, Howeyer. most tax treaties contai~ a
P~sion known as a'saving d~,• ~p~p~s SPecified
corrtinue f~ ~~ ~Y Pet'm7 an exemption from tax tn
has otherwise bec~~s S. resi eM alien for ta~c urp~ -
If you are a U.S_ ~ident alier- who [s relying on an
exception contained 'm the saving ciause of a tax treaty to
daim an exernption from U.S ~ p~ ~n ~~ of irioome,
You must attach a statement to Fam W-9 that specifies the
foliowing f+ve items:
1. The b-eaty country. Ger~~I~Y~ this nwst be the same
treaty under which yo~ ~y~~ ~m~~ f~ t~ as a
nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location} in the tax treaty that
contains the saving dause and its exceptions.
Form W-9 p~ev. 1-200~
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