snow spence green llp · snow spence green llp april 25, 2019 via federal express bureau of ocean...

SNOW SPENCE GREEN LLP

April 25, 2019

VIA FEDERAL EXPRESS

Bureau of Ocean Energy Management Gulf of Mexico Region Attn: Adjudication Section - MS GM276A 1201 Elmwood Park Blvd. New Orleans, LA 70123-2394

Re: OCS-0184 / Assignment of Term Overriding Royalty Interest from Campbell Evans 2004 Trust, as Assignor, to Van Ness Feldman, LLP, as Assignee

Madam/Sir:

Enclosed please find duplicate copies of an Assignment of Term Overriding Royalty Interest from Campbell Evans 2004 Trust, as Assignor, to Van Ness Feldman, LLP, as Assignee, with respect to OCS-0184 which is submitted for filing under Category 5.

A copy of the receipt in the amount of $29.00 reflecting payment of your filing fees for the above-referenced document is enclosed.

In order that third parties will be put on notice as to the execution and effectiveness ofthe enclosed document, please file the document, together with a copy of this letter, in the required files related to the captioned OCS Lease. Upon filing, please retum a file-stamped copy of same to the undersigned in the enclosed self-addressed and postage prepaid envelope.

Please contact me with any comments or concems at 713-335-4856.

Regards,

Laura Terrell

/lit Enclosures

2929 ALLEN PARKWAY | SUITE 28001 HOUSTON, TX 77019 MAIN: 713.335.4800 I FAX: 713.335.4848 I SNOWSPENCELAW.COM

ASSIGNMENT OF TERM OVERRIDING ROYALTY INTEREST

UNITED STATES OF AMERICA

OUTER CONTINENTAL SHELF LAND OFFSHORE LOUISIANA, CAMERON

This Assignment of Term Overriding Royalty Interest (this "Assignment") is:

FROM: CAMPBELL EVANS 2004 TRUST ("Assignor") c/o John Creighton 3535 Calder, Suite 310 Beaumont, TX 77706

TO: VAN NESS FELDMAN, LLP ("Assignee") 1050 Thomas Jefferson St., NW 7 t h Fl. Washington, DC 20007

Assignor, for and in consideration of the sum of $10.00 and other good and valuable consideration, in hand paid by Assignee, the receipt and sufficiency of which are hereby acknowledged and confessed by Assignor, does hereby SELL, ASSIGN, TRANSFER, SET OVER and DELIVER, without warranties or covenants of title, express or implied, unto Assignee, its successors and assigns, effective as of 11:59 p.m., local time of the location of the properties herein assigned, on the 1 s t day of November, 2018 (the "Effective Date"), an overriding royalty interest in and to the production from or attributable to the oil and gas lease described in Exhibit A attached hereto and made a part hereof for all purposes (the "Lease"), equal to .66666% of 8/8ths of the oil, gas, distillate, condensate, casinghead gas and other liquid and vaporous hydrocarbons (collectively, "Hydrocarbons"), produced and saved, or produced and allocable to, and sold from the Lease under the terms of the Lease. Said overriding royalty interest hereunder being referred to as the "Subject Overriding Royalty Interest".

The Subject Overriding Royalty Interest herein sold, assigned, transferred, set over and delivered by Assignor is subject to the following terms, provisions and conditions:

1. The Subject Overriding Royalty Interest herein conveyed is subject to the terms and provisions of the Lease, and any amendments or modifications thereof or thereto, and Assignee agrees that any amendments or modifications thereof or thereto may be made without the consent or joinder of Assignee;

2. The Subject Overriding Royalty Interest herein conveyed shall be conveyed free and clear of all drilling, development, producing and operating costs and expenses, but Assignee shall bear and pay all taxes which may now or hereafter be applicable to or in any manner connected with such Subject Overriding Royalty Interest or a lien upon such overriding royalty interest or the production of Hydrocarbons attributable thereto, including, without limitation, all production, severance, gathering, transportation, excise or other taxes attributable to or levied upon such Subject Overriding Royalty Interest or the production of Hydrocarbons attributable thereto, and all other costs and charges to the. same extent as those costs and charges are borne by or charged to the Lessors' royalty interest under the terms of the Lease. It is expressly provided that no overriding royalty shall be paid nor shall accrue upon any Hydrocarbons used for operating, development or production purposes upon the lands covered by the Lease, or that portion of any Hydrocarbons retumed to the lands covered by the Lease or upon that portion of Hydrocarbons which is

unavoidably lost. Except as otherwise provided herein, the Subject Overriding Royalty Interest attributable to the Lease shall be paid or delivered to Assignee in the same manner as that provided in the Lease for the payment of royalty to the Lessor therein;

3. The Subject Overriding Royalty Interest in the Lease may be pooled and unitized in the same manner and under the same and identical terms, conditions and provisions as the Lessors' royalty may be pooled and unitized under the terms of the Lease;

4. Valerie DiCicco, the surviving wife of Charles Campbell Evans, on the one hand, and Caroline Campbell Nixson and Bailey Evans, the sole living descendants of Charles Campbell Evans, on the other hand (the "Descendants"), have each asserted and are now asserting competing claims in and to the trust estate of the Campbell Evans 2004 Trust, not only as Trustees but also as beneficiaries, and accordingly Valerie DiCicco and the Descendants are joining in the execution of this Assignment on behalf of the Campbell Evans 2004 Trust without waiver of or prejudice to their respective claims in and to the Campbell Evans 2004 Trust's residual estate. For the limited purpose of execution of this Assignment, the Descendants authorize Valerie DiCicco to execute this Assignment as Trustee ofthe Campbell Evans 2004 Trust and Descendants represent that execution and delivery of this Assignment by Assignor has been fully authorized by all necessary persons;

5. Assignor represents that immediately prior to giving effect to this Assignment, Assignor was the record title holder and sole beneficial owner of a 2.333333% Net Revenue Interest in the form of an overriding royalty interest in the oil and gas lease described in Exhibit A. Assignor warrants title to the Subject Overriding Royalty Interest herein conveyed unto Assignee, its successors and assigns, against any claims, liens and encumbrances by, through or under Assignor and Assignor's immediate predecessor in title;

6. This Assignment is an absolute conveyance of a real/immovable property interest and in the State of Louisiana, a real property right;

7. This Assignment shall automatically terminate at such time as royalty payments received by Assignee pursuant to this Assignment total One Million and 00/100 Dollars ($1,000,000.00).

TO HAVE AND TO HOLD all and singular the Subject Overriding Royalty Interest herein sold, transferred, set over and delivered unto the Assignee, Assignee's successors and assigns, forever.

All the terms, provisions, covenants and agreements herein contained shall extend to and be binding upon the parties hereto and their respective agents, successors and assigns.

This instrument shall be binding upon and inure to the benefit of Assignor and Assignee, and their respective successors and assigns.

[Signature Pages Follow]

EM WITNESS WHEREOF, this instrument is executed on the \J>Jkl of Japuafy, 2019.

WITNiESSES FORJASSIGNOR: ASSIGNOR:

CAMPBELL EVANS 2004 TRUST

By:. Valerie DiCicco, Acting Trustee

By.. Bailey Evans, Individually 7714 Skyline Dr. Houston, TX 77063

By:. Caroline Campbell Nixson, Individually 6300 West Loop South, Suite 415 Bellaire, TX 77401

WITNESSES FOR ASSIGNEE: ASSIGNEE:

VAN NESS FELDMAN LLP

B y : _ Name:_ Tide:

I:\Client\ECMA0001-EC Mako-East Cameron\Campbell Evans\Agr<*ment\FINAL\Word Versions\201901 IS EC 72_AssignmenlORRI_CanipbBllEvans2004Trust_VanNess.docx

IN WITNESS WHEREOF, this instrument is executed on the (gffr of Jajiafl^ 2019.

WITNESSES FOR ASSIGNOR: ASSIGNOR:



By:. Bailey Evans, Indivi^ally 7714 Skyline Dr. Houston, TX 77063

By:. Caroline Campbell Nixson, Individually 6300 West Loop South, Suite 415 Bellaire, I X 77401



By: Name:. Title:

IAC!ient\ECMA0001-EC Malco-Eaa CameionVCampbeU Evans\Agre«ment\FINAL\Word VeTsions\201901 IS EC 72_Ai!igmentORRI_CainpbcltEvan32004Tnist_VanNessJocx

EST WITNESS WHEREOF, this instrument is executed on the




By:. Bailey Evans, Individually 7714 Skyline Dr. Houston, TX 77063

By:. Caroline Campbell Nixson, Individually 6300 West Loop South, Suite 415 Bellaire, TX 77401

WITOESSES FOR ASSIGNEE: ASSIGNEE:


B y : _ Name: Title:

I:\ClienfiECMA0001-EC Mako-East CameroiACarapbell Evans\Agreement\FINAL\Word Versjoid20190115 EC 72_AssignmerHORRI_CaropbellEvai]s2004Tiust_VanNess.docx

IN WITNESS WHEREOF, this instrument is executed on the l l T ^ of January, 2019.



By:_ Valerie DiCicco, Acting Trustee

By:. Bailey Evans, Individually 7714 Skyline Dr. Houston, TX 77063

By;. Caroline Campbell Nixson, Individually 6300 West Loop South, Suite 415 Bellaire, TX 77401



l:\Client\ECMA0001-EC Mako-East Cameron\Campbell Evans\Agreemem\F[NAL\Word Versions\20190115 EC 72_AssignmentORRI_CampbellEvans2004Trust_VanNess.docx

ACKNOWLEDGMENTS

STATE OF TCTZfi^ § §

COUNTY OF Ahlg^iA §

BE IT REMEMBERED THAT I , the undersigned authority, a Notaiy Public duly qualified, commissioned, sworn and acting in and for the State of f C ^ ^ i - and being authorized in such county and state to take acknowledgements, hereby certify that on the ^ day of

y^Uuot / iy . 2019, there personally appeared before me Valerie DiCicco, acting Trustee of the Campbell fevans 2004 Trust, being a party to the foregoing instrument.

LOUISIANA: On this 6 ^ o f ^F&biUA*^ 2019, before me, the undersigned authority, personally came and appeared Valerie DiCicco, to me personally known and known by me to be the person whose genuine signature is affixed to the foregoing document as the acting Trustee of the Campbell Evans 2004 Trust, who signed said document before me in the presence of the two witnesses, whose names are thereto subscribed as such, being competent witnesses, and who acknowledged, in my presence and the presence of said witnesses, that she signed the above and foregoing document as her own free act and deed on behalf of such trust as the acting Trustee and as the free act and deed of such trust and for the uses and purposes therein set forth and apparent.

TEXAS: The foregoing instrument was acknowledged before me this day by Valerie DiCicco, in her capacity as acting Trustee of the Campbell Evans 2004 Trust.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal in the City of . l^f-Q^^W'- , County of /oHgO^ * , on the day and year first above

written. \ ^ _ V _

Ndtary Public in and for The State of

My Commission Expires: Notary ID No.: JOHNCSIGHTONTI

Notary Public, State Of Texasl Comm. Expires 11-01-2020 My Nolaw ID #405506-0

ai ja** ifvs >*r> *

STATE OF _ J V M 1 _ §

COUNTY OF TOp v i's ' §

BE IT REMEMBERED THAT I, the undersigned authority, a Notaiy Public duly qualified, commissioned, sworn and acting in and for the State of s and being authorized in such county and state to take acknowledgements, hereby certify that on the &> day of

T^^^uX^v^ 2019, there personally appeared before me Bailey Evans, individuaUy, to execute the foregoing instrument

LOUISIANA: On this (g of Ttrn.vuW-f 2019, before me, the undersigned authority, personally came and appeared Bailey Evans, to me personally known and known by me to be the person whose genuine signature is affixed to the foregoing document, who signed said document before me in the presence of the two witnesses, whose names are thereto subscribed as such, being competent witnesses, and who acknowledged, in my presence and die presence of said witnesses, that she signed the above and foregoing document individually, as her own free act and deed, and for the uses and purposes therein set forth and apparent

TEXAS: The foregoing instrument was acknowledged before me this day by Bailey Evans, individually, as her own free act and deed, and for the uses and purposes therein set forth and apparent

IN WITNESS WHEREOF, I have hereunto set my hand and official seal in the City of {X\<*W/\ > County of T T U w * , on the day and year first above

written.

Notary Public in and for The State of

My Commission Expires: Notary ID No.:

JOHN CREIGHTON III Notary Public, State OfTexas Comm. Expires,11-0 -2020 My Notary ID #405506-0

STATE OF

COUNTY OFf

§ § §

BE IT REMEMBERED THAT I, the undersigned uthority, a Notary Public duly qualified, commissioned, sworn and acting in and for the State o f [ -€^4 S and being authorized in

county and state to take acknowledgements, hereby certify that on fee day of _, 2019, there personally appeared before me Caroline Campbell Nixson,

individually, td execute the foregoing instrument

LOUISIANA: On this of ~~F^t~h/M^ 2019, before me, die undersigned authority, personally came and appeared Caroline Campbell Nixson, to me personally known and known by me to be the person whose genuine signature is affixed to the foregoing document, who signed said document before me in the presence of the two witnesses, whose names are thereto subscribed as such, being competent witnesses, and who acknowledged, in my presence and the presence of said witnesses, that she signed the above and foregoing document individually, as her own free act and deed, and for the uses and purposes therein set forth and apparent.

TEXAS: The foregoing instrument was acknowledged before me this day by Caroline Campbell Nixson, individually, as her own free act and deed, and for die uses and purposes therein set forth and apparent

l l IN WITNESS WHEREOF, I have hereunto set my hand aad official seal in the City of " m U ^ T T D ' ^ County of T \ Z X Y T \ S on the day and year first above

written.

iiQjn and tor

My Commission Expires: f ) / ~ ^ 3 ~ r ? $ 7 f T Notary ID No.: / f o ^ V T W g , J

JASMINE GONZALEZ Notary Public, State of Texas

*SrZ...W§ Comm. Expires 01-03-2021 ' ' ' % ? M ^ Notary ID 130947831

DISTRICT OF COLUMBIA §

BE IT REMEMBERED THAT I , the undersigned authority, a Notary Public duly qualified, commissioned, sworn and acting in and for the District of Columbia, and being authorized in the District of Columbia to take acknowledgements, hereby certify that on the

/ "7 yfef January, 2019, there personally appeared before me feici-Mfia , the ^ H * i f t . /»T f \ f \ i of Van Ness Feldman LLP, a District of Columbia limited liability partnership, being a party to the foregoing instrument.

LOUISIANA: On this j l day of January, 2019, before me, the undersigned authority, personally came and appeared feit-HAft-a A ^ / ^ d u ^ , to me personally known and known by me to be the person whose genuine signature is affixed to the foregoing document as the ^ w A ' f c ^ * of Van Ness Feldman LLP, a District of Columbia limited liability partnership, who signed said document before me in the presence of the two witnesses, whose names are thereto subscribed as such, being competent witnesses, and who acknowledged, in my presence and the presence of said witnesses, that he signed the above and foregoing document as his own free act and deed on behalf of such limited liability partnership by authority of its board of managers and as the free act and deed of such partnership and for the uses and purposes therein set forth and apparent.

DISTRICT OF COLUMBIA: The foregoing instrument was acknowledged before me this day by

f ^ l ^ H A f t _ t \ A & v e K j , CuAt( l* \AAJ of Van Ness Feldman LLP, a District of Columbia limited liability partnership, on behalf of such limited liability partnership.

^ " " " " ' / / N WITNESS WHEREOF, I have hereunto set my hand and official seal in the District ' ' ^ ^ j f e t H g m f y a on the day and year first above written.

i COMMISSION :•?•! N o t a r y P u b l i c i n w d for

:V- EXPIRES*/^; The District of Columbia

Sgtafov^V^o.: N/A ^/^••iVIy.G'^^iSsion Expires: ^ / ^ l jdlot^

EXHIBIT "A'

That certain Oil, Gas and Mining Lease, granted by the State Mineral Board on behalf of the State of Louisiana to Continental Oil Company, Cities Service Oil Company, the Atlantic Refining Company, and the Tide Water Associated Oil Company, dated July 19, 1947, designated as State of Louisiana Lease No. 1625, covering all of East Cameron Block 72, now designated Federal Lease No. OCS 0184.

Sts itr of Lcii i iaoa $ Offlee of Camp ron Parish $ Gejk of Court

F^n-jh of Cameron $ 38th 'i/rijcia! Dist. Court I ito--cty c" tify tf'-t tht ! ;!

r'.it£d cioci..rnt-nlJs a , ^ V r i n d correct copy y'jtiie { j X - C ^ A ^ , J c _ tV-: r

Cm 3 1

, cAQ-j"?-JJeaiing

'*••;-UKE BtK>k_ • K;? book

.recorded in: page.

Oop'ity Clerk of Court

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