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� ��.��1��J� !�'�� b 9)9) STATE OF NEBRASICA,� � F�'oin Hall Co2cnty, s�. Elmer Kempt�.r and 4P�fG' I hereby certify thcct this instrumer�t was filed for record in my office . at ��00 o'cloc7c A. 1�I., April 26, 19 j0 , and is dul� recory•ded in book f� page 1 �-/{'�' �� Register of Deeds To B� Texas Production Company Deputy. 'THE TEXA C t - b'ees,�2.65 a , _ ea�e `� c�o — i o 0 - -�� y g.�.N. OIL AND C.A.� 1VIINING LE _ f� ��3� y J.�.� An Agreement, entered into this �-9�� day of Feb• , 19�j4 , between Elmer Kemptar and Esther Kemptar,his wife leasor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee. i 1. Lessor, in consideration of the sum of Siateen Dollars (� lo.�� ), in hand paid, of the royalties herein provided i and the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto lessee, for the purpose of testing by any method for formatioae a�3 prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powers, stations, telephone lines and other structures (including houses for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following described land in Ha:�.�. County, State of Nebraska, to-wit: South Half North East Quarter and North Half 9outh East Quarter Seetion Twenty, Township � Twelve, North, Rz�,nge Twelve �►est and containing 160 acres more or less, I ! � . 2. Subject to the other provisions herein contained, this lease shall remain in force for a term of ten years from this date (hereinafter called "primary term") and as long thereafter as either oil or gas is or can be produced from any well on said land; however, lessee at any time may release this lease in whole or in part. 3. The royalties reaerved by lessor, and which shall be paid by lessee, are (a) on oil, one-eighth of that produced and saved from said land, the same to be delivered at the wells or to the credit of lessor in the pipe line to which the wells may be connected, or, at the option of the leasee, from time to , time, the market price at the wells of such one-eighth on the day it is run to the pipe line or storage tanks, lessor's interest in either case to bear its proportion of any expense of treating unmerchantable oil to render it merchantable as crude, and (b) on gas produced from said land and sold or used off the land or in the manufacture of gasoline, including casinghead gas, the market price at the well of one-eighth of the gas so sold or used, provided that if and when lessee ahall sell gas at the wells lessor's royalty thereon shall be one-eighth of the amount realized from such sales. Lessee fs hereby given the c�gtion of purchasing all or any part of said royalty rights from the lessor at the best bona fide price offered by responsible third partiea when and if offered.for sale or transfer by lessor. 4. If drilling operations are not commenced on said land o o b for one ear o t1}is date, this lease shall e termi e as to both parties, unleas lessee�shall pay or tender ts�esgo�or to the credit of lessor in��a�e �an��0� �a.1T0 _ `�atc�c at_ �a�D llar�e�.�O (which bank is lessor s agent) the sum of l�� 17 (hereinafter cailed "rental"), w ich shall extend for six months the time within which drilling operations may be commenced. Therea4ter, semi-annually, in like manner, a,nd upon like payments or tenders, the commencement of drilling operations may be further deferred for periods of six months during the . primary term. The payments or tenders of rental may be made by the check or draft of lessee ma�iled or delivered to said bank on or before such date of payment. Drilling operations hereunder shall be deemed to be commenced when the first material is placed on the ground. Notwithstanding any devolu- tion, change or division in the ownership of said land, the payments or tendera of rentalin the manner herein provided shall be binding on the successora, assigns or legal representatives of lesaor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lessee ahall not • be held in default for failure to make such payments or tenders until thirty days after lessor ahall deliver to lessee an instrument in writing duly executed and acknowledged, naming another bank as agent to receive auch payments or tenders. The down cash payment is consideration foT this lease according to its terms and shall not be alocated as mere rental for a period. . 5. af prior to the discovery of oil or gas on said land leasee should drill a dry hole ar holes thereon, this lease shall not be terminated thereby if lessee, before the next ensuing rental paying date, commences further drilling operations or commences or resumes the payment or tender of rentals. If after the � diacovery of oil or gas the production thereof should cease from any cause, this lease shall not be terminated thereby if lessee commences additional drilling + 4 operations within sixty days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentals before the next � ensuing rental paying date. If at the expiration of the primary term oil or gas is not being produced on said land but lessee is then engaged in drilling operations thereon, the lease shall remain in force so long as drilling operations are prosecuted, and, if they result in the production of oii or gas, so long � thereafter as oil or gas is or can be produced from any well on said land. 6. Leasee shall have the free use of oil, gas, wood, coal and water irom said land, except water from lessor's welis, for all operations hereunder, and the toyalty on oil and gas aha11 be in the net quantity after deducting any so used for operations. Lessee shall have the right at any tima during or after the expiration oE thia lease to remove all property and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by lesaor, leasee wiil bury a11 pipe linea belo � ordinary plow depth, and no well eha11 be drilled within two hundred feet of any residence or barn now on said land without lessor's conaent. Lesaor shall have the privilege, at the risk and expense of lessor, of making connection and using gas Yrom any gas well on said land for stoves and inaide lights fn the principal dwelling on 8sid laufl out of any aurplus gas not needed for operations hereunder. 7. The righte of either party under this lease may be assigned in whole or in part and the provisions hereof shall extend to the heirs, personal representatives, succeaeore and assigns, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the rights and privileges of lessee. Should lesaee assign this lease in ' whole or in part lessor shall look aolely to the asaignee for performance of its terma as to the parts so assigned, No sale or assignment by lesaor shall be binding on leaeee.. � for any purpose until lessee shall be furnished with an instrument in writing evidencing such sale or assignment. If lessee assigna this lease in part, the obligation (i! anq exists) to pay rentals is apportioned as between the several owners ratably according to the surface area of each, and default by one of them in the payment of rentals � ahall not affect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered. 8. This lease shall never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its implied obligations, nor while oil or ga9 !e 1, being produced in paying quantities Yor any cause whatsoever, unless there shall firgt be a final judicial ascertainment that such obligatlon or cause egists and that lesaee 1� I� is in default. Upon such final determination, lessee is hereby given a reasonable time thereafter to comply with such obligation, or, at lesaee's election, to aurrender the lease, with the option of reserving, under the terms oY thie lease, each producing well and ten acres surrounding it to be selected by lesaee. Lessee ahall not be Iiable ia ' damages for breach oP any implied obligation. 9. IP six or more persons be or become entitled to royaltfes hereunder, they ahall by aufficient written instrument designate some agent to receive payment !or all, and lessee shali not be required to make payment until such instrument is furnished. 10. 'When drilling or other operationa are delayed or interrupted by lacic of water, labor or material, or by fire, storm, flood, war, rebellion, insurrection, riot, strike, differences with workmen, or failure of carriers to transport or furnish facilities for tran'sportation or as a result of some order, requisition or necessity oi the government, or ae the result oi any cause whatsoever beyond the control of the lessee, the time of such delay or interruption shall not be counted against lessee, anything in this lea8e to the contrar notwithstanding. Y 11. Lessor hereby warrants and agrees to defend the title to said land and agrees that lessee, at lessee's option (but without any duty to do so), may pay and discharge asiy taxes, mortgages or other liene upon said land, and in that event lessee shall be subrogated to such lien, with full right to enforce the same, and in addition thereto may retain for the satisfaction of such lien and interest all royaltiea or rentals accruing hereunder. IP lessor owna an interest in said land less than the entire fee aimple estate, then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest oi lessee hereunder be diaputed by leasor, or any other person, � the time covered by the pendency of such diepute ahall not be counted againat lessee either as affecting the term of the lease or the time for payment oE reatals or royaltfea or for any other purpose, and lessee may suspend a11 payments until there fs a fin$1 adjudication or other determination oE such dispute. IN WITNESS WHEREOF this instrument is exeouted on the date first above written. • ' ' Elmer Remptar es�,r,.j { po��ed $ �p � Esther 8emptar � ts�w� � 2 19� � F.�t.L. �ssoR � ' Attest: CORAP TEXAS PRODUCTION COMPANY, � SE L� $ A.R.Wilson I ej.�.HLiC1T1a,1,1— ----- Aseistant Secretary. y Vice President LESSEE � DA� r 4�ions�t�ate STATE OF NEBRASKA, � ' County of H�11 �' ss' 1 �ma'n � On this ],9 day of Feb. , 19 30 , before�e, a 6tary Public, in and for said County, personally ca,me the above named � $Zt2leT Kemptar and Esther Kemptar , his wife, who are personally known to me to be the identical E . " persons whose names are affixed to the above instrument as lessors, and they each acknowledged said instrument to be their voluntary act and deed. Witness my hand and Notarial Seal the date last aforesaid. gEAL G•�+.��en � � � � Notary Public. II'� 2 J�til �- My commission expires on the 7 day of � , 19 3 ' STATE OF COLORADO, � � City and County of Denver, sg� ' On this �-9 day of �l"C� , i9 3� , before me, a Notary Public, in and for�aid County, personally came the above named • l�.R..Wilson , Vice President and eT.�'+.Htit�21&1�. Assistant Secretary of sa,id Texas Production Company, who are persqnally known to me to be the identical persons whose names are affixed to the above instrument as Vice President and Asaistant Secretary of eaid corporation, and they acknowledged the instrument to be their voluntary act and deed and the voluntary act and deEd of said corporation. Witness my hand and Notarial Seal the date last aforesaid. �jOhn T.�y strom (SEAL) Notary �'ublic. i M commission ex ires on the � da of 0 e t ob er 19 _ � ,�;;, , � . . . , :-,