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<br /> Jean Alberico, Garfield County Colorado RECEIVED
<br /> Rec Fee: $43.00 Doc Fee: $0.00 eRecorded
<br /> DEC 0 4 2024
<br /> DIVISION OF RECLAMA-11Oix
<br /> Return to: MINING AND SAFTEY
<br /> Caerus Piceance LLC
<br /> 1001 1711 Sheet,Suite 1600
<br /> Denver,Colorado 80202
<br /> Attm Aubtee Besant
<br /> COLONY FEE DEED
<br /> STATE OF COLORADO §
<br /> COUNTY OF GARFIELD §
<br /> XTO Energy Inc., a Delaware corporation, Exxon Mobil Corporation, a New Jersey
<br /> corporation, and Exxon Asset Management Company, LLC, a Delaware limited liability
<br /> company, each with an address of 22777 Springwoods Village Parkway, Spring, TX 77389
<br /> (collectively"Grantor"),for and in consideration of the sum of Ten Dollars($10.00)and other
<br /> good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
<br /> does hereby GRANT, BARGAIN, TRANSFER, SET OVER AND CONVEY, subject to the
<br /> exceptions to conveyance and disclaimers herein contained,unto Caerus Cross Timbers LLC,a
<br /> Colorado limited liability company, whose address is 1001 17,'Street, Suite 1600,Denver, CO
<br /> 80202 ("Grantee'), the surface and mineral estate said mineral estate being all of Grantor's
<br /> undivided interest of every nature in and to all of the oil, gas and other minerals (including oil
<br /> shale) in,on or under certain lands situated in Garfield County, Colorado,described more fully
<br /> on Exhibit A, attached hereto and made a part hereof, as well as all fixtures and improvements
<br /> located thereon, and together with all rights, title and interests appurtenant thereto (the
<br /> "Property"). This Colony Fee Deed(this"Deed")is made in accordance with and is subject to
<br /> the terms,covenants and conditions contained in that certain Purchase and Sale Agreement dated
<br /> as of April 19,2021 (as amended, the"Purchase Agreement"),by and between XTO Energy
<br /> Inc., a Delaware corporation, XTO Permian, LLC, a Texas limited liability company, XTO
<br /> Permian Operating,LLC,a Texas limited liability company,XTO Holdings,LLC, a Texas
<br /> limited liability company, Exxon Mobil Corporation, a New Jersey corporation, and Exxon
<br /> Asset Management Company,LLC,a Delaware limited liability company,as Seller,and Caerus
<br /> Piceance LLC,a Colorado limited liability company,as Purchaser. The terms and conditions of
<br /> the Purchase Agreement are incorporated herein by reference, and in the event of a conflict
<br /> between the provisions of the Purchase Agreement and this Deed,the provisions of the Purchase
<br /> Agreement shall control; provided,however,that this Deed may be relied upon for all purposes
<br /> without further recourse or reference to the Purchase Agreement with respect to the conveyance
<br /> and transfer of title to the Property. The execution and delivery of this Deed by Grantor,and the
<br /> execution and acceptance of this Deed by Grantee, shall not operate to release or impair any
<br /> surviving rights or obligations of Grantor or Grantee under the Purchase Agreement.
<br /> AS A MATERIAL PART OF THE CONSIDERATION FOR THIS DEED,
<br /> GRANTOR AND GRANTEE AGREE THAT, EXCEPT AS AND TO THE LIMITED
<br /> EXTENT EXPRESSLY SET FORTH IN THE PURCHASE AGREEMENT,GRANTEE IS
<br /> ACQUIRING THE PROPERTY "AS IS" WITH ANY AND ALL FAULTS AND
<br /> DEFECTS, LATENT AND PATENT. EXCEPT AS AND TO THE LIMITED EXTENT
<br /> EXPRESSLY SET FORTH IN THE PURCHASE AGREEMENT, GRANTEE
<br /> ACKNOWLEDGES AND AGREES THAT GRANTOR IS NOT MAKING AND
<br /> SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS,
<br /> ASSERTIONS OR NON-ASSERTIONS OF ANY KIND OR CHARACTER,EXPRESS OR
<br />
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