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, , A , � - , �� 1� �� STATE OF NEBRASSA,� � From Habti County, �3' John Smi thwi ck and Jo s i e Smi.th�i ck I hereb� cer•ti f y that this instrumer��t uas fi`led f oa• record in my o f f ice Husband and �fife � at � ��ctioc�� A. �1., April 26 , 19 30 , and is dul� recorded in book N QH page 1'y3 . �, � �_��Register o f Deeds � To By � Texas Production Company Deputy. THE TEXAS CO�iPANY - Fees,� 2.65 � L S�.N° .�- 2k QIL AND GAS 1�/IINING LEASENE sx�' ea e:1N�o 24 2 � �j��r��j$��r .��T.N. 3�12 �1��j� By . . . An Agreement, entered into this 2], day of -. Feb• , is 30 , between � John 3mithwi�k and Josie Smi�hwi�k his wife � � lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee. 1 1. Lessor, in consideration of the sum of �l�Ylt Dollars (� �•�� )> in hand paid, of the royalties herein provided w 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 linea and other structures (including houses for empioyees) thereon, to produce, save, take care of, treat and transport said products, the following d8scribed land in Ha�-� County, State of Nebraska, to-wit: North Half of �outheast Quarter Section �Tineteen Tov�nship Eleven North Range Eleven Weet i and containing �0 acres more or less. � 2. Subject to the other provieions 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 reserved by lessor, and which shail 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 weils 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 auch 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 a,ny 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, inciuding 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 weils leasor's royalty thereon shall be one-eighth of the amount realized from such sales. Lessee is hereby given the option of purchasing ail 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 tranefer by lessor. 4. If drilling operations are not commenced on said land on b fore�Qne yearf�o�y t1�s date, this lease sh 11 hen t�ate as to both parties, unless lessee ahall pay or tender.to le�s or or to the credit of lessor in ��a�e ti8�Y1K 02 Ua.l T O H�k at �a�r O �ly C u• (which bank ia lessor's agent) the sum of i�'Ot1T .�—_--`___—__ _�. -'-----"------------------..___"Dollara ($ �.�� ) e� (hereinafter called "rental"), which ahall extend for sui months the time within which drilling opera tions may be comme n c e d. T h e r e a f t e r, a em i-a n nuall y, in l i k e m a n n e r, a n d u p o n l i k e p a y m e n t s o r t e n d e r s, t h e c o m m e n c e m e n t o f drilli n g o p erations ma y 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 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) should fail, liquidate or be succeeded by another bank, lessee shall not � be held in default for failure to make auch payments or tenders until thirty days after lessor shall deliver to lessee an instrument in writing duly executed and acknowledged, naming another bank as agent to receive such payments or tenders. The down cash payment is consideration 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 should drill a dry hole or holes thereon,this lease ahall not be terminated thereby if lesaee, � 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 dri119ng ��0 operationa within sixty days thereafter or (if it be within the prima.ry term) commences or resumea the payment or tender of rentals before the next y� 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 oil or gas, so long � thereafter as oil or gas is or can be produced from any well on said land. 6. Lessee sha11 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 oil ,j� and gas shall be in the net quantity after deducting any so used for operationa. Lessee shall have the right at any time during or aPter the egpiration oE triis lease to remove �1� all property and fixtures placed by leasee on said land, including the right to draw and remove all casing. When re4uired by lessor, lessee will bury all pipe linea below ordinary plow depth, and no well aha11 be drilled within two hundred feet of any residence or barn now on said land without leasor's consent. Lessor shall have the privilege, at the risk and expense of lessor, of making connection and uaing gas from any gas well on said land for atoves and inside lights in the principal dwelling on said land out of any aurplus gas not needed for operations hereunder. 7. The righta of either party under this lease may be assigned in whole or in part and the provisions hereoY shall extend to the heirs,personal representatives, aucceasora and assigns, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the rights and privilegea of lessee. Should leasee assign thie lease in whole or in part lessor ahall look solely to the assignee for performance oE its terms as to the parts so asaigned. No sale or assignment by lessor sha11 be binding on lessee exist)ytoup y rentals lis sapportioned as bet een ltheaseveral ownersn ra bl�according�o the surface aareanofeeachjf and�default by tone iof thiemi n the paymentl oi PientR s ahall not affect the validity of the lease on the portlon of land upon which pro rata rentals axe paid or tendered. 8. This lease ahall never be forfeited, cancelied, or terminated for failure by lessee to perform in whole or in part any oP its implied obligationa, nor while oil or gas is being produced in paying quantities for any cause whatsoever, unless there ahali first be a final judicial ascertainn�ent that such obligation or cause egiste and that lesaee 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 surrender the leaae, with the option of reserving, under the terms oE this lease, each producing well and ten acres aurrounding it to be aelected by lesaee. Lessee aha11 ttot be liable in i damages for breach of any implied obligation. 9. If aix or more peraona be or become Entitled to royalties hereunder, they shali by sufficient written instrument designate aome agent to receive payment for ail, • and lesaee ahall not be required to make payment until such instrument is furnished. � 10. VVhen drilling or other operatione are delayed or interrupted by lack of water, labor or material, or by fire, storm, flood, wsr, rebellion, inaurrection, riot, atrike, differences with workmen, or failure of carriers to tranaport or furnish facilities for tranaportation 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 such delay or interruption shall not be counted aga.inst leasee, anything ia this lease to the contrary notwithstanding. 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), maq pay and discharge axiy 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 auch lien and interest all royalties or rentals accruing hereunder. If lessor owne an interest in said land lesa than the entire fee simple eatate, then the royaltiea and rentals to be paid leasox aha11 be reduced proportionately. Should the right or interest ot lessee hereunder be diaputed by lexsor, or any other peraon, the time covered by the pendency of such dispute ahall not be counted against lessee either as affecting the term oE the lease or the time for payment of rentals or , royalties or for any other purpose, and lessee may suspend all payments until there is a final adjudication or other determination of auch diapute. IN W TNES WHEREOF this instrument ie esecuted on the date first above written. � • ' Postec� on �dag �A A p John Smithwick cs�� I �-5-1930 by 1.E.L. DLS � � �� m��A�'A Josie 3mithwick L�s o'R 3l I� � Attest: ' ��Ot�� TEXAS PRODUCTION COMPA�NY�.�ilson J.C.Hudnall (SEA ) By . I Assistant Secretary. Vice President � r�ss� STATE OF NEBRASKA, ' � ss. County of Ha.1.1 j On this 21 day of Feb. , 19 3� before me, a Notary Pubiic, in and for said County, personally came the above named Jo s i e Sml t��ri ek hia wife who are ersonall known to me to be the identical John 5mithwick and � . p y I _persons whose names are affixed to the above instrument as lessors, and they each acknowledged said instrument to be their voluntary act and deed. Witneas my hand and Notarial Seal the date last aforesaid. (sEAL) G.�+.Raven Notary Public. ul � 2�- of eT 19 3 . My commission expires on the day � � STATE OF COLORADO, � ss. ;�"� � City and County oF Denver, Z On this �-�- day of � TCh , 19 /� , before me, a Notary Pubiic, in and for said County, personally came the above named A.R,.Wilson , Vice President and cT.�"+.HU.CZ213�.I • - Assistant Secretary of said Texas 2'roduction 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 Secretary of said 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. �EAL John �.� Strp B1 • � � Notat�y Public. z ; My commisaion expires on the 3� day of O C t O�b 8 T � �y 3� il