11-18-14
TREC NO. 44-2
NOTICE: For use ONLY if Seller reserves all or a portion of the Mineral Estate.
A. “Mineral Estate” means all oil, gas, and other minerals in and under and that may be produced from the
Property, any royalty under any existing or future mineral lease covering any part of the Property,
executive rights (including the right to sign a mineral lease covering any part of the Property), implied
rights of ingress and egress, exploration and development rights, production and drilling rights, mineral
lease payments, and all related rights and benefits. The Mineral Estate does NOT include water, sand,
gravel, limestone, building stone, caliche, surface shale, near-surface lignite, and iron, but DOES include
the reasonable use of these surface materials for mining, drilling, exploring, operating, developing, or
removing the oil, gas, and other minerals from the Property.
B. Subject to Section C below, the Mineral Estate owned by Seller, if any, will be conveyed unless reserved
as follows (check one box only):
(1) Seller reserves all of the Mineral Estate owned by Seller.
(2) Seller reserves an undivided interest in the Mineral Estate owned by Seller. NOTE: If
Seller does not own all of the Mineral Estate, Seller reserves only this percentage or fraction of
Seller’s interest.
C. Seller does does not reserve and retain implied rights of ingress and egress and of reasonable use
of the Property (including surface materials) for mining, drilling, exploring, operating, developing, or
removing the oil, gas, and other minerals. NOTE: Surface rights that may be held by other owners of the
Mineral Estate who are not parties to this transaction (including existing mineral lessees) will NOT be
affected by Seller’s election. Seller’s failure to complete Section C will be deemed an election to convey all
surface rights described herein.
D. If Seller does not reserve all of Seller’s interest in the Mineral Estate, Seller shall, within 7 days after the
Effective Date, provide Buyer with the contact information of any existing mineral lessee known to Seller.
IMPORTANT NOTICE: The Mineral Estate affects important rights, the full extent of which may
be unknown to Seller. A full examination of the title to the Property completed by an attorney
with expertise in this area is the only proper means for determining title to the Mineral Estate
with certainty. In addition, attempts to convey or reserve certain interest out of the Mineral
Estate separately from other rights and benefits owned by Seller may have unintended
consequences. Precise contract language is essential to preventing disagreements between
present and future owners of the Mineral Estate. If Seller or Buyer has any questions about
their respective rights and interests in the Mineral Estate and how such rights and interests
may be affected by this contract, they are strongly encouraged to consult an attorney with
expertise in this area.
CONSULT AN ATTORNEY BEFORE SIGNING: TREC rules prohibit real estate licensees from giving legal
advice. READ THIS FORM CAREFULLY.
PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)
ADDENDUM FOR RESERVATION OF OIL, GAS, AND OTHER MINERALS
ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT
(Street Address and City)
EQUAL HOUSING
OPPORTUNITY
Buyer
Seller
Buyer
Seller
The form of this addendum has been approved by the Texas Real Estate Commission for use with similarly approved or
promulgated contract forms. Such approval relates to this contract form only. TREC forms are intended for use only by
trained real estate license holders. No representation is made as to the legal validity or adequacy of any provision in any
specific transactions. It is not intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin,
TX 78711-2188, 512-936-3000 (http://www.trec.texas.gov) TREC No. 44-2. This form replaces TREC No. 44-1.
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