Fill and Sign the Mineral Rights Frequently Asked Questions State of Michigan Form

Page 1 of 2 SUBORDINATION OF SURFACE RIGHTS AGREEMENT(Subordination by Mineral Owner) STATE: COUNTY: _____, whose address is _____, the “Mineral Owner,” is the owner of (a/an) _____% interest in all of the oil, gas, and other minerals in, under, and that may be produce d from the property (the “Property”) described on Exhibit “A” to this Subordination. _____, whose address is _____, the “Surface Owner,” is the owner of the surface of the Property, in the same Lands as Mineral Owner’s oil, gas, and mineral interests described above , and has requested that Mineral Owner waive all rights to use or enter on the surface of t he Property in connection with the development of the oil, gas, and other minerals in and under the Property. Mineral Owner, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, agrees as follows: 1. In conducting operations of whatever nature with respect to the exploration for, exploitation of, mining and production, processing, transporting, and marketing of oil, gas, and/or other minerals from the Property or in connection with the conduct of other activiti es associated with the ownership of the oil, gas, and mineral interests in the Property, Minera l Owner agrees not to use, enter on, or occupy any portion of the surface of the Property and not to place any fixtures, equipment, buildings, or structures on the Property; provided, however, nothing is this Subordination shall be constructed as waiving, releasing, or relinquishing any right, title, or interest of Mineral Owner in and to the oil, gas, and other minerals in and under and that may be produced from the Property. Additionally, this subordination and waiver of surface rights shall not be construed as a waiver of the right of Mineral Owner to exploit, explore for, develop, mine, or produce oil, gas and/or other minerals with wells drilled on the surfa ce of lands other than the Property, including, but not limited to, directional wells bottome d beneath or drilled through any part (other than the surface) of the Property or by pooling the oil, gas, and mineral interests in the Property with lands adjoining the Property in accordance with the laws and regulations of the state of _____. 2. This Agreement shall be binding on Mineral Owner and Surface Owner and their respective heirs, legal representatives, successors and assigns. 3. Mineral Owner and Surface Owner agree to execute any further documents reasonably necessary or desirable to effectuate the intent to subordinate and waive the surface ri ghts of Mineral Owner in the manner and according to the terms set out in this Agreement. This Agreement is executed by Mineral Owner and Surface Owner as of the date of acknowledgment of their signatures below, but is deemed effective _____. Mineral Owner Page 2 of 2 Surface Owner (Acknowledgments) [Exhibit A: Description of Property]