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Kerr-McGee Oil & Gas Onshore LP <br /> 109918`h Street <br /> Denver, Co 80202 <br /> A Subsidiary of <br /> t4%nad4mr4nr 2 <br /> Petroleum Corporation <br /> 2009 <br /> VIA FACSIMILEAND U.S.MAIL <br /> L G Everist, Incorporated <br /> Attn: Jim Sittner <br /> 7321 E.. 88`" Avenue, Suite 200 <br /> Henderson, CO 80640 <br /> Re: Everist/Nelson Property <br /> Township 3 North, Range 67,West of the 6th P.M. <br /> Section 32: Part of the W/2 and Part of the W/2E/2 <br /> Weld County, Colorado <br /> Dear Mr.. Sittner: <br /> Ihis surface agreement will confirm and set forth the terms of an agreement that you and I <br /> reached in our conversation of August 25, 2009 concerning the operations of Kerr%-McGee Oil & <br /> Gas Onshore LP ("KMG") on the referenced property We agreed to execute this surface <br /> agreement to allow KMG to move forward with its oil and gas operations while KMG and L G. <br /> Everist, Inc ("Everist") negotiate a more detailed and definitive surface use agreement. KMG <br /> understands that the agreement to negotiate on the more detailed and definitive surface use <br /> agreement in good faith and consistent with the understanding and agreements set forth herein is <br /> a material term to Everist's willingness to sign this letter agreement and agree to the terms hereof. <br /> The promises exchanged in this surface agreement are valuable consideration and a memorandum <br /> of this surface agreement shall be recorded in the records of Weld County,Colorado.. Attached and <br /> made part of this agreement is Exhibit "A" showing the locations as described in below <br /> Accordingly, the parties agree to the following: <br /> 1. KMG may drill no vertical wells on your property,and all rights to do so are hereby <br /> expressly waived. <br /> 2. KMG may drill three (3) directional "318A-e"wells, entirely at its own expense, <br /> from surface locations at: <br /> KMG 21-32 NWSE of Section 32 <br />