ASSIGNMENT OF OVERRIDING ROYALTY INTEREST
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STATE OF OKLAHOMA }
} KNOW ALL MEN BY THESE PRESENTS
COUNTY OF ________ }
FOR VALUE RECEIVED, XXXXXXXX XXXXXXXXXXX, L.L.C., A TEXAS LIMITED LIABILITY
COMPANY, 0000 Xxxxxxx Xxxxx, Xxxxx 000X, Xxxxxxx, Xxxxx 00000 ("Assignor")
hereby GRANTS, SELLS, ASSIGNS and CONVEYS UNTO FORTUNA ENERGY, L.P., P. O. Box
9109, Newport Beach, California 92658 ("Assignee"), an overriding royalty
interest equal to one percent (1.0% of 8/8ths) in the oil, gas, sulfur,
associated liquid and liquifiable hydrocarbons produced, saved and sold under
the terms of and by virtue of the Oil and Gas Leases and lands more particularly
described in Exhibit "A" attached hereto ("the Leases"), such production to be
delivered at the xxxxx or to the credit of Assignee into the pipeline or
pipelines to which the xxxxx may be connected with respect to oil, or to be
delivered as Assignee's share of the net amount received from all sales with
respect to gas, casinghead gas or sulfur.
The overriding royalty interest shall be charged with its proportionate
part of any and all taxes levied or assessed against production. The overriding
royalty interest herein assigned is further expressly made subject to the
pooling and unitization provisions contained in the Leases and Assignor, its
successors and assigns, shall have the right and power to pool or unitize such
overriding royalty interest with other lands, leases mineral or royalty rights
or other interests in production without the further consent of Assignee, all in
accordance with and to the same extent as the landowner's royalty may be pooled
or unitized under the terms of the Leases.
TO HAVE AND TO HOLD as of the Effective Date hereof all and singular the
interests in the Leases and production, assigned herein unto Assignee, its
heirs, representatives, successors and assigns forever. This Assignment is made
without warranties of title, express or implied.
DATED effective as of October 15, 2004.
XXXXXXXX XXXXXXXXXXX, L.L.C.
By: /s/ Xxxxxxx X. Xxxxxxx
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Xxxxxxx X. Xxxxxxx, Manager
STATE OF TEXAS }
}
COUNTY OF XXXXXX }
This instrument was acknowledged before me on this the ___ day of October,
2004, by Xxxxxxx X. Xxxxxxx, Manager of Xxxxxxxx Xxxxxxxxxxx, L.L.C., a Texas
limited liability company, on behalf of said company.
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Notary Public, State of Texas
