IIK 50 I PC 4 I I INSTRUMENT PREPARED BY VIRGINIA GAS AND OIL BOARD ORDERRECORDED UNDERCODE OF VIRGINIA SECTION 45.1-36126 VIRGINIA: BEFORE THE VIRGINIA GAS AND OIL BOARD SUPPLEMENTAL ORDER REGARDING DOCKET NO. VGOB 10/06/15-2729 ELECTIONS, UNIT: VC-536216 (hereinafter "Subject Drilling Unit" ) TAX MAP IDENTIFICATION NUMBERS; REPORT OF BOARD FINDINGS AND ORDER TAX MAP IDENTIFICATION NUMBERS FOR ALL PARCELS AFFECTED BY THIS ORDER ARE SHOWN ON EXHIBIT (S) IL IW. & E WHICH IS/ARE ATTACHED TO AND A PART OF THIS ORDER. 1. This Supplemental Order is entered by the Board sua snonte in the form authorized by the Board at its hearing held at 9:00 a.m. on October 20, 1992, Board of Supervisors Room, Courthouse, Grundy, Virginia, and pursuant to authority granted to the Board's Chairman at the hearing of the Virginia Gas and Oil Board on June 16, 1992, at 9:00 a.m. at the Rhododendron Restaurant at the Breaks Interstate Park, Breaks, Virginia; and this Supplemental Order is being recorded for the purpose of (I) complying with the requirement of the Virginia Gas and Oil Board Regulations, 4 VAC 25-160.70C by supplementing the Order previously issued by the Board for subject Docket on November 3, 2010 and recorded in Deed Book 482, Page 629 in the Office of the Clerk of Circuit Court, Dickenson County, Virginia on November 28, 2010, (herein "Board Order" ) to complete the record regarding elections. The Board Order pooled all interest in Subject Drilling Unit including those of the Respondents more particularly set forth and identified by the Designated Operator in the affidavits attached hereto and made a part hereof. The Board finds it has jurisdiction over the subject matter pursuant to the provisions of the Virginia Gas and Oil Act, I'I 45.1-361.1 ~et se ., Virginia Code, 1950 as amended. 2. Findinus: The Board finds that: (a) The Board Order directed EQT Production Company, (herein the Designated Operator" ), to mail copies of the Board Order to all respondents whose interest, if any, were pooled by said Board Order; (b) The designated operator filed its affidavit of mailing dated July 9, 2012, disclosing that it had mailed a correct copy of the Board's Order to all Respondents whose interest, if any, were pooled by said Board Order;
Transcript
IIK 50 I PC 4 I I
INSTRUMENT PREPARED BYVIRGINIA GAS AND OIL BOARD
ORDERRECORDED UNDERCODEOF VIRGINIA SECTION 45.1-36126
VIRGINIA:
BEFORE THE VIRGINIA GAS AND OIL BOARD
SUPPLEMENTAL ORDER REGARDING DOCKET NO. VGOB 10/06/15-2729
ELECTIONS, UNIT: VC-536216
(hereinafter "Subject Drilling Unit" )
TAX MAP IDENTIFICATION NUMBERS;
REPORT OF BOARD
FINDINGS AND ORDER
TAX MAP IDENTIFICATION NUMBERS FOR ALL PARCELSAFFECTED BY THIS ORDER ARE SHOWN ON EXHIBIT (S)
IL IW. & E WHICH IS/ARE ATTACHED TO AND A PART OFTHIS ORDER.
1. This Supplemental Order is entered by the Board sua snonte in the form authorized bythe Board at its hearing held at 9:00a.m. on October 20, 1992, Board of SupervisorsRoom, Courthouse, Grundy, Virginia, and pursuant to authority granted to the Board'sChairman at the hearing of the Virginia Gas and Oil Board on June 16, 1992, at 9:00a.m. at the Rhododendron Restaurant at the Breaks Interstate Park, Breaks, Virginia;and this Supplemental Order is being recorded for the purpose of (I) complying withthe requirement of the Virginia Gas and Oil Board Regulations, 4 VAC 25-160.70C bysupplementing the Order previously issued by the Board for subject Docket onNovember 3, 2010 and recorded in Deed Book 482, Page 629 in the Office of theClerk of Circuit Court, Dickenson County, Virginia on November 28, 2010, (herein"Board Order" ) to complete the record regarding elections. The Board Order pooledall interest in Subject Drilling Unit including those of the Respondents moreparticularly set forth and identified by the Designated Operator in the affidavitsattached hereto and made a part hereof. The Board finds it has jurisdiction over thesubject matter pursuant to the provisions of the Virginia Gas and Oil Act, I'I 45.1-361.1~et se ., Virginia Code, 1950 as amended.
2. Findinus: The Board finds that:
(a) The Board Order directed EQT Production Company, (herein the DesignatedOperator" ), to mail copies of the Board Order to all respondents whose interest,if any, were pooled by said Board Order;
(b) The designated operator filed its affidavit of mailing dated July 9, 2012,disclosing that it had mailed a correct copy of the Board's Order to allRespondents whose interest, if any, were pooled by said Board Order;
Bi( 50IPG 4[2
(c) The Board Order required each Respondent whose interest, if any, were pooledby the terms of said Board Order to make his or her election within thirty (30)days after the date of mailing or recording, as applicable, of said Order; theDesignated Operator has filed its affidavit dated August 8, 2012, in accordancewith tj 7.C of the Virginia Gas and Oil Board Regulations and 4 VAC 25-160.70C (herein "Affidavi of Election" ), wherein it has, for each Respondentwhose interest, if any, were pooled by said Board Order, stated: (i) whethereach Respondent has made or failed to make a timely election; (ii) the nature ofthe election made, if any; (iii) whether, by reason of a failure to elect or totimely elect one or more Respondents are deemed, under the terms of theBoard's Order, to have leased all their rights, title, interest, estates and claims inSubject Drilling Unit to the Designated Operator;
(d) The Board Order further required the Designated Operator, after expiration ofthe election period, to file with the Board a statement of the interests subject toescrow under the terms and provisions of the Board Order, in light of theelections made or deemed to have been made (herein "Statement of Interests" );that the Designated Operator furnished said Statement of Interests as part of itsAffidavit of Election. A copy of which is attached hereto as Exhibit B;
(e) Current Board standards requiring the escrow of funds and the Board'sagreement with its Escrow Agent, First Bank & Trust Company, Trust Division,38 E. Valley Drive, Bristol, VA 24201, (276) 466-9222, Attn: Debbie Davis, orany successor named by the Board, require the entry of a Supplemental Orderestablishing of record the elections made or deemed to have been made andspecifying the sums or percentage thereof subject to escrow. Current Boardescrow standards were made applicable to Subject Drilling Unit by a BoardOrder dated December 23, 1992.
3. Order: By this Order, the Board orders the Designated Operator to tender, consistentwith and in accordance with the findings set forth at paragraph 2 above and theannexed Affidavits, any funds subject to escrow and instructs the Escrow Agent, FirstBank 6t Trust Company,, Trust Division, 38 E. Valley Drive, Bristol, VA 24201,(276) 466-9222, Attn: Debbie Davis, or any successor named by the Board toestablish interest-bearing escrow account(s), IRS Tax Identification Number 54-1629506, in accordance with the information set forth in said affidavit to receivesuch funds and account to the Board therefore.
4. Mailinu of Order and Filinu of Affidavit: The Designated Operator under thecaptioned Order or its Attorney shall file an affidavit with the Secretary of the Boardwithin ten (10)days after the date of receipt of this Order stating that a true andcorrect copy of this Order was mailed to each person whose interest or claim issubject to escrow and whose address is known.
5. Conclusion: Therefore, the findings and all terms and provisions set forth above beand hereby are granted and IT IS SO ORDERED.
6. Effective Date: This Order shall be effective on the date of its execution.
BK 50 I PG 4 I 3
DONE AND EXECUTED this ~ day of M~M-, ~2„by a majorityof the Virginia Gas and Oil Board.
Chairman,bradley
C. Lambert
DONE AND PERFORMED this g+ day ofthis Board.
by Order of
Rick blooper /Principal Executive To The StaffVirginia Gas and Oil Board
STATE OF VIRGINIACOUNTY OF RUSSELL
Acknowledged on this J W day of QD 9 201Ekpersonally before me a notary public in and for the Commonwealth of Virginia,appeared Bradley C. Lambert, being duly sworn did depose and say that he isChairman of the Virginia Gas and Oil Board, and appeared Rick Cooper, beingduly sworn did depose and say that he is Principal Executive to the Staff ofthe Virginia Gas and Oil Board that they executed the same and wereauthorized to do so.
174394
My commission expires: September 30, 2013
llllllllllll
, 'OTARY'..O
RBG. «~ F4SS '. +»- o '. 44Y 00444«SSiCI 'O4RES ON:
IIIIIIIII
2 50 I Pb 4 I 4
VIRGINIA:
BEFORE THE VIRGINIA GAS AND OIL BOARD
IN RE: Application of EQT Production Company, for Forced Pooling of Interests in Unit
Number VC-536216 VGOB Docket No. VGOB-10/06/15-2729 in the Kenady Magisterial
District of Dickenson County, Virginia.
AFFIDAVIT OF WILHOIT & KAISER, Attorneys-at-Law, Agents for the Designated OperatorREGARDING ELECTIONS, ESCROW ACCOUNTS AND SUPPLEMENTAL ORDER
James E. Kaiser (herein Affiant), being first duly sworn on oath, deposes and says:
1. That the Affiant is an attorney in the law firm of WILHOIT & KAISER, the Agent forthe Designated Operator, with oftices located at 220 Broad Street, Kingsport,Tennessee 37660, and is authorized to give this Affidavit in its behalf;
2. That the Order entered on November 3, 2010, by the Virginia Gas and Oil Boardregarding the captioned coalbed methane Unit required the Applicant to mail a true
and correct copy of said Order to each person pooled by said Order;
That within seven (7) days of the receipt of an executed copy of the Order referred toat Paragraph 2. above, the Affiant was directed to cause a true and correct copy ofsaid Order to be mailed via the United States Postal Service to each Respondentnamed in the captioned Application, whose address was known, and to all persons, ifany, who are added as Respondents at the hearing held in the captioned matter;
That the Order of the Virginia Gas and Oil Board in the captioned matter requiredall persons pooled thereby to tender their written elections to the Unit Operator withinthirty (30) days of the date said Order was recorded in the county above named; thatsaid Order was recorded on November 28, 2010.
That the Designated Operator, by and through their agent, Wilhoit & Kaiser,Attorneys-at-Law, have established procedures to review all mail received and allwritten documents received by means other than by mail to ascertain whether partieswhose interest have been pooled have made a written election, in a timely fashion, asrequired by the captioned Order; that said procedures were followed to identify theelections, if any, made with regard to Subject Unit; that the following personsdelivered, by mail or otherwise, written elections to the Unit Operator, within thethirty day election periods:
NONE
That the interest and/or claims of the following persons (who made timely elections, orwho are deemed under the terms of the Board's Order to have leased, or who,subsequent to the pooling hearing held in the captioned matter, have leased orotherwise entered into an agreement with the Designated Operator) are subject toescrow as either unknown claiments or conflicting claiments under the Board's Orderpooling the captioned Unit, Board Regulations and the Code of Virginia; that oppositethe name of each person named as a Respondent listed below is set forth:
See Exhibit E
That Wer the pooling hearing held in the captioned matter, the following persons haveleased or entered into a voluntary agreement with the Designated Operator withregard to their interest and/or claims.
NONE
That the following persons have not made a timely election and have failed to enterinto an agreement with the Designated Operator and their respective interests shall bedeemed to have leased pursuant to and in accordance with paragraph 10 of the Order.
See Exhibit B-3
M 50lI'f 4I6
That pursuant to the provision of 4VAC 25-160.70C annexed hereto and incorporated herein is aproposed supplemental order to be entered to complete the record regarding elections; that saidannexed supplemental order sets forth that the services of the Escrow Agent are required in thismatter pursuant to the terms of $ f 45.1-361.21.D.
Dated at Kingsport, Tennessee, this 8th day of Auaust. 2012.
State of Tennessee )County of Sullivan )
Taken, subscribed and sworn to before me by James E. Kaiser, the Agent of EQT ProductionCompany, a corporation, onbehalfofthe corporation, this 8th dayof Auaust.
2012.euuuuaaa
I CI'%IYCOQegSusan Peterso~eo~
'llllaauuui
My commission expires: October 24. 2012.
9 50lPC 4I 7
SUPPLESEENT'6'C436216
CREATED 00/01/2010
~TRA TLEASE
EISIUE
INTERESTWITHIN
1/ELT
GROSSACREAGE
ELiEEI
NETREVENUE
60IEBESI
Gnn EBTATE ONLY
IT I 0 0D22
Tmm1 Teel
2T I D 5e28
meme Can sndRoyA Csin,mh1001 Abenk T 6KIRRMD, TH 37004
EOTPfed otohCD 0 y
Ra& F 6
L~ 0 r ye r ana Mentssslyer, hr
PBC120 Bo R125APO AE 002050 4
911724
Uk
10 0$00000% 9 43M 0 02003750 fd
0 14028250 WlD,amsoooo
0 I 3Id$$7% D D707 D 00018458 Rl
Gary & ly
S I 0 lye,hlw515 Rldoe AmnmHonon. VA 24273
Usa~ 0 131MM7% D 0787 D 0001IH58 Rl
T as Totals
3T I.O 5750
shim y osborne, Mkms2o Honans tkreeKlnDsfwh, TN 370&
Kathy Ann King, single283 Abijha LaneCoebum, VA 24230
Bertie Funk, widow6602 Caney Ridge RoadCoe bum, VA 24230
Julia H. Byrd, widow1801-440 Old NC 10Hillsborough, NC 27278
Shirley Moose142 New Mexico DriveStatesville, NC 28625
Unlea sad
Unleased
Leased980827
Unleased
Leased980827
8.50000000%
8.50000000%
4.25000000%
4.25000000%
4.25000000%
5.0000
5.0000
2.5000
2.5000
2.5000
Heirs of Ross Hutchinson(Unknown I Unlocatable)
Atlas Mullins, widowP.O. Box 1097Coebum, VA 24230Tax I.D. 5212
Clifford James Miller
542 2nd StreetBenton Harbor, Ml 49022-9235Tax I.D. 5138
Unleased
Unleased
Leased911719
4.25000000%
0.02000000%
10.18000000%
2.5000
0.0100
5.9900
Joan C. Trlvelt et alTax I.D. 6248
John Greever RevocableLiving TrustC/0 John Greever, Trustee260 Grey Havens LoopP.O. Box 413Dress, WA 98280-0413
Leased914927911733
0.08000000% 0.0475
Page 2 of 5
ExHIBIII "0VC-536216
Revised 6-21-2010
TRACT LESSORLEASE
STATUS
INTERESTWITHIN
UNIT
GROSSACREAGE
IN UNIT
Hulah Lloyd BentleyRevocable Living Trust
C/0 Hulah Lloyd Bentley, Trustee13840 hh Desert Harbor Dr. ¹ 131Peoria, AZ 85381-3501
Leased914927911733
0.08000000% 0.0475
Joan C. Trivett462 Hilledge Drive
Laguna Beach, CA 92651-1917
James C. Trivett III
10495 State Route 550Athens, DH 45701-9706
Christina L. Trivett21515 81st StreetBristol, Wl 53104-9717
Terry W. Hutchinson14221 Ivory LaneBristol, VA 24202-4531Tax I.D. 4673
Leased914927911733
Leased914927911733
Leased914927911733
Unleased
0.08000000%
0.04000000%
0.04000000%
2.30000000%
0.0475
0.0238
0.0238
1.3500
Clifford James Miller
542 2nd StreetBenton Harbor, Ml 49022-9235Tax I.D. 5137
Leased911719
19.78000000% 11.6200
10 William E. Hunsaker andAngels Susan Hunsaker, hrvr
4425 Hunsaker DriveCoebum, VA 24230Tax I.D. 4761
William E. Hunsaker andAngela Susan Hunsaker, htw4425 Hunsaker DriveCoebum, VA 24230Tax I.D. 4762
Leased914985
Leased914985
13.12000000%
0 11000000%
7.7200
0.0700
Total Gas Estate 100.00000000% 58.8200
Page 3 of 5
VC-536216Revised 6-21-2010
TRACT LESSORLEASE
STATUS
INTEREST GROSSWITHIN ACREAGE
UNIT IN UNIT
COAL ESTATE ONLY
AGIN, LLCAttn: John MooneyP.O. Box 2827Huntington, WV 25727Tax I.D. 11915
Leased904576
16 03000000% 9.4300
AGIN, LLCAttn: John MooneyP.O. Box 2827Huntington, WV 25727Tax I.D. 11915
Leased904576
0.79000000% 0.4600
AGIN, LLCAttn: John MooneyP.O. Box 2827Huntington, WV 25727Tax I.D. 11915
Leased904576
3.37000000% 1.9800
AGIN, LLCAttn: John MooneyP.O. Box 2827Huntington, WV 25727Taxi.D. 11915
Leased904576
34.00000000% 20.0000
AGIN, LLCAttn: John MooneyP.O. Box 2827Huntington, WV 25727Tax I.D. 11915
Leased904576
0.02000000% 0.0100
AGIN, LLCAttn: John MooneyP.O. Box 2827Huntington, WV 25727Taxi.D. 11915
Leased904576
10.18000000% 5.9900
AGIN, LLCAttn: John MooneyP.O. Box 2827Huntington, WV 25727Tax I.D. 11915
Leased904576
0.32000000% 0.1900
AGIN, LLCAttn: John MooneyP.O. Box 2827Huntington, WV 25727Tax I.D. 11915
Leased904576
Page 4 of 5
2.30000000% 1.3500
VC-536216Revised 6-21-2010
TRACT
10
LESSOR
AGIN, LLCAttn: John MooneyP.O. Box 2827Huntington, WV 25727Tax I.D. 11915
AGIN, LLCAttn: John MooneyP.O. Box 2827Huntington, WV 25727Tax I.D. 11915
LEASESTATUS
Leased904576
Leased904576
INTERESTWITHIN
UNIT
19.76000000%
13.12000000%
GROSSACREAGE
IN UNIT
11.6200
7.7200
AGIN, LLCAttn: John MooneyP.O. Box 2627Huntington, WV 25727Tax I.D. 11915
Leased904576
0.11000000% 0.0700
Total Coal Estate 100.00000000% 58.8200
LE,''i; ':.IN N
OL;iM'!:: .o "'i.'.. Ai !J".~PAI,
Page 5 of 5
Hagy, Sharon (DWIIIINE)
From:Sent:To:Subject:
VITASHARE System [[email protected]]Thursday, November 08, 2012 12:35 PMHagy, Sharon (DMME)Status Change for Transaction IBQLZGOZBPSB1816
Sharon Hagy,The status for your job id IBQLZGOZBPSB1816, has changed to 'gloria.clarlqgdmme.virginia.govdownloaded all the filesYou can view your job here<httos://vitashare.vita.vireinia.aov/fcweb/view3obLink.do?30BIDX=IBOLZGOZBPSB1BI6>
Date: Thu, Nov 8, at 11:38
Transaction Details:
Acknowledge Security Policy: I understand that this system is not intended for sensitivedata.Recipient's Email example- user1avireinia.aov, user2&virainia.eov:
Rior ia. cia rlcgdmme. vireinia. eov, KKennv@eat. corn, Krudiclageot. corn, mba rbour@eot. corn,mrovster&eat. corn, NAtkisonlQeat. corn, seoawilhoitandkaiser. corn
Message - Describe file attachment: Please see the recorded supplemental orders for dockets:1535-81, 2181, and 2729. Let me know if you are unable to download the files. Thank you,SharonNotify me when the file is downloaded?: YesPin: 758967
