Attached files
| file | filename |
|---|---|
| 8-K - EGPI FIRECREEK, INC. | v170082_8k.htm |
| EX-10.1 - EGPI FIRECREEK, INC. | v170082_ex10-1.htm |
| EX-10.3 - EGPI FIRECREEK, INC. | v170082_ex10-3.htm |
| EX-10.5 - EGPI FIRECREEK, INC. | v170082_ex10-5.htm |
| EX-10.7 - EGPI FIRECREEK, INC. | v170082_ex10-7.htm |
| EX-10.6 - EGPI FIRECREEK, INC. | v170082_ex10-6.htm |
| EX-10.8 - EGPI FIRECREEK, INC. | v170082_ex10-8.htm |
NOTICE
OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE
ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN
INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER.
ASSIGNMENT
OF WORKING INTEREST IN OIL AND GAS LEASES
|
STATE
OF TEXAS
|
§
|
|
§
|
|
|
COUNTIES
OF SHACKELFORD, CALLAHAN AND STEPHENS
|
§
|
WHEREAS, WHITT OIL & GAS,
INC., a Texas corporation (“Assignor”), whose address is
P.O. Box 3129, Albany, Texas 76430-8055 (Shackelford County), is the owner of
the oil and gas leases described in Exhibit
“A” hereto;
NOW, THEREFORE, for and in
consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by Assignor, Assignor does hereby Grant, Sell, Transfer and Assign
to ENERGY PRODUCERS,
INC., a Nevada corporation (“Assignee”), whose address is
6564 Smoke Tree Lane, Scottsdale, Arizona 85253, effective as of 7:00 a.m. CST,
December 1, 2009 (the “Effective Time”), the
following:
|
|
(a)
|
a
50% working interest (32% net revenue interest) in (i) the oil and gas
leases (the “Leases”) described in
Exhibit “A”
attached hereto insofar as they cover the lands described herein and the
depths held by Assignor, and (ii) all oil, gas, water disposal and other
wells (producing and non-producing) located on the Leases, including,
without limitation, the wells described in Exhibit “B”,
together with all of Assignor’s right, title and interest in and to any
and all rights and appurtenances incident thereto and any and all
equipment and personal property that may be located on the lands described
herein subject to the Leases and used in connection with the operation
thereof; and
|
|
|
(b)
|
a
50% interest in and to all of Assignor’s rights in, to and under, and
obligations arising from, any and all agreements relating to the Leases or
wells herein conveyed, including, but not limited to, oil or gas
production purchase and sale contracts, permits, rights-of-way, easements,
licenses, options, orders and decisions of State and Federal regulatory
authorities establishing units; provided however, insofar as any
assignment of rights of ingress and egress, Assignor reserves the right to
use the same in regard to other properties of
Assignor;
|
SUBJECT, HOWEVER, to the
following:
|
|
(a)
|
Liens
for taxes or assessments not yet due or not yet
delinquent;
|
|
|
(b)
|
The
terms, covenants and conditions contained in the
Leases;
|
Page
1
|
|
(c)
|
Easements,
rights-of-way, servitudes, permits, surface leases and other rights in
respect to the surface operations, pipelines, grazing, logging, canals,
ditches, reservoirs or the like; and easements for streets, alleys,
highways, pipelines, telephone lines, power lines, railways and other
easements and rights-of-way, on, over or in respect of any of the lands
related to the property, as same exist at the Effective Time, whether
recorded or not recorded;
|
|
|
(d)
|
The
terms of any oil or gas production and sale contracts, and any other
subsisting agreements but only to the extent that the same are otherwise
in full force and effect as of the Effective
Time;
|
|
|
(e)
|
Existing
royalties, overriding royalties and other similar burdens if any out of or
with respect to production from the
Leases.
|
Any
equipment, fixtures and personal property conveyed hereby, are conveyed “AS IS, WHERE IS” and “WITH ALL
FAULTS.” ASSIGNOR MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE
ORIGINAL, QUANTITY, QUALITY, CONDITION, MERCHANTABILITY, FITNESS FOR ANY
PARTICULAR PURPOSE, SAFETY, COMPLIANCE WITH GOVERNMENTAL REGULATIONS, VALUE OR
EXISTENCE OF RESERVES OF OIL, GAS OR OTHER MINERALS PRODUCIBLE OR RECOVERABLE
FROM THE ASSIGNED PROPERTY OR CONDITION OF THE ASSIGNED PREMISES AND RELATED
FIXTURES AND IMPROVEMENTS.
Assignor
hereby waives the provision of the Texas Deceptive Trade Practices Act, Chapter
17, Subchapter E, Section 17.41 - 17.63 inclusive, Texas Business & Com.
Code, except Section 17.555 which is not waived. IN ORDER TO EVIDENCE ITS
ABILITY TO GRANT SUCH WAIVER, ASSIGNEE HEREBY REPRESENTS AND WARRANTS TO
ASSIGNOR THAT ASSIGNEE (i) IS IN THE BUSINESS OF SEEKING OR ACQUIRING BY
PURCHASE OR LEASE, GOODS OR SERVICES FOR COMMERCIAL OR BUSINESS USE, (ii) HAS
KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE ASSIGNEE
TO EVALUATE THE MERITS AND RISKS OF THE TRANSACTION CONTEMPLATED HEREBY, AND
(iii) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION.
Assignor
will, at any time and from time to time after the date hereof, upon Assignee’s
request, execute, acknowledge and deliver or cause to be executed and delivered,
all further documents or instruments necessary to effect the transaction
embodied in this assignment.
Assignor
binds itself to warrant and forever defend all and singular the interests herein
conveyed to Assignee against every person lawfully claiming or to claim the same
when the claim is by, through or under Assignor, but not otherwise.
EXECUTED to be effective for
all purposes as of the Effective Time.
|
ASSIGNOR:
|
||
|
WHITT OIL & GAS, INC., a Texas
corporation
|
||
|
By:
|
||
|
W.
J. Whitt, President
|
||
|
ASSIGNEE:
|
||
|
ENERGY PRODUCERS, INC., a Nevada
corporation
|
||
|
Dennis
Alexander, Chief Executive
Officer
|
||
Page
2
|
STATE
OF TEXAS
|
§
|
|
§
|
|
|
COUNTY
OF SHACKELFORD
|
§
|
This instrument was acknowledged before
me on December ____, 2009, by W. J. Whitt, President of Whitt Oil & Gas,
Inc., a Texas corporation, on behalf of said corporation.
|
STATE
OF ____________________________
|
§
|
|
§
|
|
|
COUNTY
OF ___________________________
|
§
|
This instrument was acknowledged before
me on December ____, 2009, by Dennis Alexander, Chief Executive Officer of
Energy Producers, Inc., a Nevada corporation, on behalf of said
corporation.
PLEASE
RETURN RECORDED INSTRUMENT TO:
Dennis
Alexander
Chief
Executive Officer
Energy
Producers, Inc.,
A Wholly
Owned Subsidiary Of
EGPI
Firecreek, Inc.
6564
Smoke Tree Lane
Scottsdale,
Arizona 85253
Page
4
EXHIBIT
“A”
Leases
Assigned
|
1.
|
That
certain Oil, Gas and Mineral Lease dated September 17, 2007, by and
between Eugene Bell, Lessor, and E & D Bell, LLC, Lessee, recorded in
Volume 194, Page 360, Real Property Records of Callahan County, Texas,
covering the following two (2) parcels of land in Callahan County, Texas,
to-wit:
|
|
|
Tract
I: Being 40 acres as near as is practicable in the form of a square around
the LCS Production of McWhorter #1 well, 2306’ FNL and 330’ FEL, Section
142, Block 2, GH&H RR Co. Survey, Abstract 1651, Callahan County,
Texas.
|
|
|
Tract
II: Being 40 acres as near as is practicable in the form of a square
around the Ratex Energy, Inc. No. 3 Young well, 330’ FSL and 330’ FEL,
Section 142, Block 2, GH&H RR Co. Survey, Abstract 1651, Callahan
County, Texas.
|
|
2.
|
That
certain Oil, Gas and Mineral Lease dated September 17, 2007, by and
between Harold Elledge, Lessor, and E & D Bell, LLC, Lessee, recorded
in Volume 194, Page 363, Real Property Records of Callahan County, Texas,
covering the following two (2) parcels of land in Callahan County, Texas,
to-wit:
|
|
|
Tract
I: Being 40 acres as near as is practicable in the form of a square around
the LCS Production of McWhorter #1 well, 2306’ FNL and 330’ FEL, Section
142, Block 2, GH&H RR Co. Survey, Abstract 1651, Callahan County,
Texas.
|
|
|
Tract
II: Being 40 acres as near as is practicable in the form of a square
around the Ratex Energy, Inc. No. 3 Young well, 330’ FSL and 330’ FEL,
Section 142, Block 2, GH&H RR Co. Survey, Abstract 1651, Callahan
County, Texas.
|
|
3.
|
That
certain Oil and Gas Lease dated ________________________, by and between
Sharon White Stewart, Lessor, and Whitt Oil & Gas, Inc., Lessee,
recorded in Volume _______, Page _______, Real Property Records of
Stephens County, Texas, and recorded in Volume ________, Page ________,
Real Property Records of Shackelford County, to the extent, and to the
extent only, that said lease covers the following parcel of land,
to-wit:
|
|
|
Tract
III: All of the Southeast One-fourth (SE/4) of Section 55, B.A.L., A-2746,
Stephens and Shackelford Counties,
Texas.
|
EXHIBIT
“B”
List of
Wells
|
1.
|
McWhorter
No. Well, Texas Lease I.D. 27348, field Wildcat, Texas Field I.D.
00014001, Texas Railroad Commission District No. 7B, Callahan County,
Texas.
|
|
2.
|
Young
No. 3 Well, Texas Lease I.D. 26519, field Parsons
Gray, Texas Field I.D. 69450300, Texas Railroad Commission District No.
7B, Callahan County, Texas.
|
|
3.
|
Boyett
Well, Texas, API #42-417-37567, Texas Railroad Commission District No. 7B,
Shackelford County, Texas.
|