Assignment Of Oil And Gas Lease Form - 2013 Page 2
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1
2ACKNOWLEDGMENT
STATE OF ________________________
}ss
COUNTY OF ______________________
This Assignee's Acceptance was acknowledged before me this ______, day of __________________, 20 ______
By ___________________________________________________________, _____________________________________________________________.
Title, if signing in representative capacity
_____________________________________________________
N O T A R Y S E A L
Notary Public
My commission expires __________________________
APPROVAL OF THE COMMISSIONER
Office of the Commissioner of Public Lands
Santa Fe, New Mexico
I hereby certify that this Assignment was filed in my office on _________________________and was approved by me
and shall be effective as to the State of New Mexico on _________________________________.
__________________________________________________
COMMISSIONER OF PUBLIC LANDS
INSTRUCTIONS AND INFORMATION
1.
ANNUAL RENTAL: The annual rental for the land in this Assignment is __________ per acre. The rental is due in advance and shall be paid to the
Commissioner of Public Lands on the anniversary date of the original Lease agreement. The date of this Assignment does not change the annual rental
due date. For any Assignment of any Lease initially issued prior to June 15, 1985, the annual rental shall not be less than six dollars ($6.00). For any
Assignment of any Lease initially issued after June 14, 1985, or of any Lease which has been stipulated to the new ten year Lease, the minimum rental is
forty dollars ($40.00).
2.
FIXED TEN-YEAR LEASE: This Lease provides for a fixed ten-year term, and for so long as oil or gas is produced in paying quantities. The ten-year
period is divided into a primary term of five years, followed by a secondary term of five years. If no production is had during the primary term, the
rental for the secondary term is double the rental of the primary term, or equal to the highest prevailing rental rate in the district, whichever is higher.
Rentals continue even though production is had.
3.
FIXED FIVE-YEAR LEASE: This Lease provides for a fixed five-year term, and for so long as oil and gas is produced in paying quantities. The fixed
five-year Lease has no secondary term. Rentals continue even though production is had.
4.
FILING: All Assignments must be filed in the State Land Office in triplicate, with original signatures on all three copies, within one hundred days from
the date of signing, and must be accompanied by the recording fee.
5.
RECORDING FEE: The recording fee for each Assignment is thirty dollars ($30.00). If, however, the Assignment is filed more than one hundred days
from the date of signing, an additional fee of seventy-five dollars ($75.00) is charged. The filing fee per Miscellaneous Instrument is ten dollars ($10.00).
6.
PERSONAL CHECKS: When an Assignment is accompanied by a personal check, the Commissioner of Public Lands reserves the right to withhold
approval of the Assignment until the check is paid.
7.
ASSIGNMENT DISAPPROVAL: An Assignment will not be approved when it is made:
A. to more than two persons;
B. for less than a regular subdivision. "Regular subdivision" means forty acres or a tract described by lot number, which tract may be more or less than
forty acres;
C. for an undivided interest;
D. in the name of a trusteeship, unless the trust document is attached or on file, and not more than two persons are named as trustee;
E. after a lis pendens is filed;
F. including any change or addition to the language contained in the Assignment form;
G. where surety requirements have not been met; or
H. where the lease is not in good standing; provided, however, that approval by the Commissioner does not waive any rights or claims the
Commissioner may have to rentals, royalties, or other obligations due to the Commissioner by the Assignor under the lease. Approval of the
assignment by the Commissioner does not guarantee the lease is in good standing.
8.
COMPLETE ADDRESS: An Assignment must show the complete mailing address of the Assignee.
9.
ACKNOWLEDGMENT: An Assignment must be executed before an officer authorized to take acknowledgments of deeds. Persons executing on
behalf of a corporation or other business entity must indicate title or authority to execute.
10.
MARITAL STATUS: An Assignment must show whether the Assignors are married or single; if married, both husband and wife must sign the
Assignment. The Certificates of Acknowledgment must show the marital status of the Assignors.
11.
BLANKET ASSIGNMENTS: Must have an Exhibit A attached that includes lease number, original lessee of record, lease issue date, county, and land
description. Provide a copy of the original assignment form and the exhibit for every lease.
12
BLANKET ASSIGNMENTS: Will only be approved for record title. All other types of assignments (operating rights, depth limitations, undivided
interests, etc.) will be filed as miscellaneous instrument documents for record purposes only.
13.
COMMUNICATIONS: All official business, letters and communications must be addressed directly to the Commissioner of Public Lands; Oil, Gas,
and Minerals Division.
14.
PAYMENT: Make all payments for annual rental, recording, and approval of fees to:
COMMISSIONER OF PUBLIC LANDS
P.O. Box 1148
Santa Fe, NM 87504-1148
Note: When you provide a check as payment, you authorize the State of New Mexico to either use information from your check to make a
one-time electronic fund transfer from your account or to process the payment as a check transaction. Please be advised that payments will be
drafted from your account immediately upon receipt.
0-30 Revised for web December 2014
ONLINE VERSION
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