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�� ' �j((�I1j�Jj�r_'�r� /�,�} � J(� � �I � �b�b �j 9)9� � '—y��J�JL�J�L��VJ��J�� J�� W �_��. _�_1_� �_ � _� STATE OF YEBRASI�A,� From Hall County, ss. d Oh21 EggerB and W�f G I hereby certify that this instrumerct was filed for record in my of fice _ at $ n'cloc7c A, D�1., ApTi 1 26 19 30 , and is �' _ dul� recorded in book a QN page 7 • � . � ��,�� u�Y�, Register of Deeds I N TO B� � Texas Production Company Deputy. � _ I+'ees,� 2.80 � T � �gb � R OIL AND GAS MINING LEASE g �� 1 0 B J.'P.N. _ 31�t��30��y J. N. � 3 3 93 X An Agreement, entered into this �.9 day of Febr�.ary , 19 3� , betweea John Eggers and Doxa Eggers, his wife i lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee. I in hand aid, of the royalties herein provided � 1. Lessor, in consideration of the sum oP Twenty f our pollars (� ��•()Q )� P and the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto lessee, for the purpose of testing by any method for formations and 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, treat and transport said products, the following described land in Aall County, State of Nebraska, to-wit: � 8outh Half South Half Seetion Thirty one and West Half South West Quarter Section Thirty � Two, Township T�velve North Ran�e Lleven 9Yest and containi�g 2�F� acres more or less. ( � � . 2. Subject to the other provisions herein contained, this lease shall rema.in 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 lessee, 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 N 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 shall sell gas at the wells lessor's royalty thereon shall be one-eighth of the amount realized from such sales. Lessee is hereby given the � option of purchasing all or any part of said royalty rights from the lessor at the best bona fide price offered by resgonsible third parties when and iY I offered for sale or transfer by lessor. I 4. If drilling operations are not commenced on said land o or pefore ong year from this date, thia lease shall then terminate as to both parties, unleas lessee shall pay or tender t less�r or to the credit of lessor in�ta,LE; Ba,11K Of Cairo -��at �'i&�TO �2�J (which bank is C� lessor'a agent) the sum of �81V8 --------�•.--•.—.--.��.—.�--�---------------"—____—__ Ddllara (�].2 �� ) ,�,I (hereinafter called "rental"), which shall extend for six months the time within which drilling operatione may be commenced. Thereaf�er, semi-annually, in `��` like manner, and upon like payments or tenders, the commencement of driliing operations may be further deferred for periods of six months during the � prima,ry term. The payments or tenders of rental may be made by the check or draft of lessee mailed 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 tenders of rental in the manner herein provided shall be binding on the successors, . assigns or legal representatives of lessor. If such bank (or any successor bank) shouid 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 sha.11 deliver to lessee an instrument in writing duly executed and acknowledged, naming another bank as agent to receive such payments or tender�. The down cash payment fs considera,tion for this lease according to its terms and shall not be alocated as mere rental for a period. 5. If prior to the discovery of oil or gas on said land lessee shouid drill a dry hole or holes thereon, this lease ahall not be terminated thereby ff 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 � discovery of oil or gas the production thereof should cease from any cause, this lease shall not be terminated thereby if lessee commences additional drilling operations within sixty days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentals before the aest ensuing rental paying date. If at the expiration of the primary term oil or gas ie 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 oil or gas, so long thereafter as oil or gas is or can be produced from any well on said land. � 6. Lessee shall have the free use of oil, gas, wood, coal and water irom said land, except water from lessor's wells, for all operations hereunder, and the royalty on oII and gas sha11 be in the net quantity after deducting any so used for operations. Lessee ahall have the right at any time during or after the expiration of thia lease to remove all property and fixtures placed by lessee on said land, including the right to draw and remove a11 casing. When required by lesaor, lesaee will bury all pipe lines below '�,� ordinary plow depth, and no well shall be drilled within two hundred feet of any residence or barn now on said land without leasor's consent. Lesaor sha11 have the privilege, at the riak and expense of lessor, of making connection and using gas from any gas well on said land for stoves and inside lighta in the principal dwelling on said land out of any aurplus gas not needed for operations hereunder. � 7. The rights of either party under this lease may be assigned in whole or !n part and the provisions hereof shall extend to the heirs, personal representatives, aucceasors and assfgns, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the rights and privileges of lessee. Should lessee assign this lease in whole or in part lessor shall look solely to the assignee for perEormance of its terms as to the parts so assigned. No sale or assigmnent by leasor aha11 be binding on leasee � for any purpose until lessee shall be furnished with an instrument in writing evidencing such sale or assignment. If lessee assigns this lease in part, the obligation (if any exists) to pay rentais is apportioned as between the aeveral owners ratably accordfng to the surface area of each, and default by one of them in the payment of rental8 � 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 aha11 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 oT gas is being produced in paying quantities for any cause whatsoever, unless there aha11 first be a final judicial ascertain�Y�ent that such obligation or cause exists and that lessee (�� is in default. Upon such final deterxnination, lessee is hereby given a reasonable time thereafter to comply with such obligation, or, at lessee's election, to aurrender the �� lease, with the option oP reserving, under the terms of this lease, each producing well and ten acres aurrounding it to be selected by leseee. Lesaee shall not be liable in � damages for breach of any implied obligation. 9. If six or more peraons be or become entitled to royalties hereunder, they aha11 by sufficient written instrument designate some agent to receive payment Sor all, and lessee ahall not be required to make payment until such instrument is furniehed. S0. When drilling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, storm, flood, war, rebellion, insurrection, riot, etrike, �� differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a result of some order, requisition or neCessity of the government, or as the result of any cause whatsoever beyond the control of the lessee, the time of auch delay or interruption ahall not be counted against lessee, anything in this lease to � � \ the contrary notwithstanding. �J 11. Lessor hereby warrants and agrees to defend the title to said land and agrees that lessee, at leasee's option (but without any duty to do so), may pay and discharge ariy taxes, mortgages or other liens 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 owns an interest in said land less than the entire fee simple eatate, then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest of lessee hereunder be disputed by leasor, or any other person, � the time covered by the pendency of such dispute shall not be counted againet lessee either as affecting the term of the lease or the time for payment o1 rentala or royalties or for any other purpose, and lessee may suspend all payments until there is a final adjudication or other determination oi auch diapute. p� �edWI n WHEREOF this instrument is executed on the date first above written. • ' Q _ �p � Ap Ro ED gS p John Eggers ts�� 2 �$-1g�0 q F. .L. E C IP�IO�T 8� �ATA eman I?ora Eggerg ts�) �J��$ �� z�ssoR ' Attest: CORP TEXAS PRODUCTION COMPANY, �, J.C.Hudnall �sEAL3 By A.�.�ilson Assistant Secretary. Vice President r..�ss� STATE OF NEBRASKA, HS�1 � ss. County of _ On this 1.9 day of Feby , i9 30 , before me, a Notary Public, in and for said County, personally came the above named � John Eggers and Dora Eggers , his wife, who are personally known to me to be the identical a persons whose names are affixed to the above inetrument as leasora, and they each acknowledged said instrument to be their voluntary act and deed. Witness my hand and Notarial Seal the date last aforesaid. f��L� �'r.C.Ra,ven � Notary PubHc. My commission expires on the 27 d�+ of July , is3� . - �G STATE OF COLORADO, � O� � ss. City and County of Denver, _ On this 1 day of �TG�3 , 19 3� , before me, a Notary Public, in and for said County, personally came the above named � �l.R.�i 1$on , Vice President and J.�`+.Hudnall Assistant Secretary of said Tesas Production Company, who are personally known to me to be the identical persons whose names are affixed to the above instrument as Vice President and Assistant Secretar3•-of said ' corporation, and they acknowledged the inatrument to be their voluntary act and deed and the voluntary act and deed of said corporation. Witness my hand and Notariai Seal the date last aforesaid. �S�f��> iTQY121 T.�ystrom Notary Public. M commission expires on the 3� day of Oetober , 19 •. 1