In North Dakota, if a Mineral
Deed states in the body of the document "oil, gas and other minerals", is coal also conveyed or does "other minerals" refer only to those in direct relation to the oil and gas?, but in Paragraph 5 as I set out below, reference is only made to oil and gas? Do you have an accurate answer. It appears that the intent was oil and gas only?
KNOW ALL MEN BY THESE PRESENTS, That Thomas A. Hammerel, a/k/a Tom Hammerel, a single man, whose mailing address is P. O. Box 2112, Bismarck, North DakotaNNN-NN-NNNN hereinafter called Grantor, for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other good and valuable considerations, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, convey, transfer, assign and deliver unto Lorinda J. Becker, a/k/a Lori Becker, a single woman, whose mailing address isXXXXX Bismarck, North Dakota 58504, hereinafter called Grantee, all of the interest in and to all of the oil, gas and other minerals in and under and that may be produced from the following described lands situated in Burke County, North Dakota, to-wit:
10 mineral acres in and under the following described lands:
Township 162 North, Range 92 West
Section 9: NE1/4
Section 10: NW1/4
Sellers agree to sell, and Buyer agrees to buy, five (5) mineral acres in Section 9 (the legal description set forth above) and five (5) mineral acres in Section 10 (the legal description set forth above).
together with the right of ingress and egress at all times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals, and storing, handling, trans¬porting and marketing the same therefrom with the right to remove from said land all of Grantee's property and improvements.
Paragraph 5: This sale is made subject to any rights now existing to any lessee or assigns under any valid and subsisting oil and gas lease of record heretofore executed; it being understood and agreed that said Grantee shall have, receive, and enjoy the herein granted undivided interest in and to all bonuses, rents, royalties and other benefits which may accrue under the terms of said lease insofar as it covers the above described land from and after the date hereof, precisely as if the Grantee herein had been at the date of the making of said lease the owner of a similar undivided interest in and to the lands described and Grantee one of the lessors therein.
TO HAVE AND TO HOLD the above described property and easement
with all and singular the rights, privileges, and appurtenances thereunto or in any wise belonging to said Grantee herein their heirs, successors, personal representatives, administrators, executors, and assigns forever, and Grantor does hereby warrant said title to Grantee, their heirs, executors, administrators, personal representatives, successors and assigns forever and does hereby agree to defend all and singu¬lar the said property unto the said Grantee herein their heirs, successors, executors, personal representatives, and assigns against every person whomsoever claiming or to claim the same or any part thereof.
WITNESS our hands this ______ day of ________________, 2011.
Thomas A. Hammerel
STATE OF NORTH DAKOTA) ) ss
COUNTY OF ____________ )
On this _____ day of ______________, in the year 2011, before me personally appeared Thomas A. Hammerel, a single man, known to me to be the person described in and who executed the within instrument, and acknowledged to me that he executed the same.
(Seal) Notary Public in and for the State of North Dakota Printed Name:
My Commission Expires: