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1 p J J �b� �� .` ��J��J� �� From STATE OF NEBRASgA, I Hall County, � ss. Paul Gudenra.th and wif e I hereby certi f y tlzat this instrumer�•t icas f i,led f or reeord in my o f f iee � . at $ o'c1,ncic A. �•, ApTil 26� 19 3Q , and is : duly reeorded in book ��Qa page 31 . �,�j��-d�,�� Register of Deeds � . To By i Texas Produetion Corripany F�ees,$ 2,65 Deputy. � ease o. - f ' I ��r��8nN�yo�.,�.�. OIL AND GAS MINING LEASE . 3��a�93$°�y J.�, �� An Agreement, entered into this 2'rj' day of Feb.p , 19 �j� > betweea � Paul Gudenrath and Hat t i e Gudenrath,Hi s wif e lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee. 1. Lessor, in consideration of the sum of Sixtee-n Dollars ($ 16.�� ), in hand paid, of the royalties herein provided I � and the agreements of lessee herein contained, hereby grants, leases and lets exciusively unto lessee, for the purpose of testing by any method for formations C� 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, Lreat and transport said products, the following described land in Hc'1.,ZI - County, State of Nebraska, to-wit: , East �alf of South Weet Quarter and 'Mest Half of Sauth East Quarter Section Twenty four, Township Twelve North Range Eleven West containing 160 acres more or less. I � � 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 royalt9es reserved 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 cvells 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 etorage tanks, lessor's interest in either case to bear its proportion of a.ny expense of treating unmerchantable oil to render it merchanta.ble as crude, and (b) on gas produced from said �and and sold or used off � the land or in the manufacture of gasoline, including casinghead gas, the market price at the weil 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 responsible third parties when and if offered for sale or transfer by lessor. � , 4. If drilling operations are not commenced on said land on or gfore on pea fro th�s date, this lease shalj,,,t1�n ter�n te as to both parties, unleas lessee shall pay or tender to le,s�s or or to the credit of lessor in �'Gate �c'a,Yl� O� Ua.1r0� Baa�e at_�+a1ro �NG'�. (which bank is lessor's agent) the sum of--L�'��Ylt ^—�-----^�'--"—"-----"—�' � Dollara ($�.�� ) (hereinafter cailed "rental"), whic shall extend for six months the time within which driiling operations may be commenced. Thereafter, semi-annually, fn like manner, a,nd upon like payments or tenders, the commencement of drilling operations may be further deferred for periods of aix 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 sha11 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 successora, assigns or legal representatives of lessor. If auch 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 such payments or tenders until thirty days after lessor shall deliver to lessee an instrument in writing duly executed and acknowledged, naming another bank as ageut to receive auch payinents 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 diacovery of oil or gas on eaid land lessee should driil a dry hole or holes thereon, this lease shall not be terminated thereby if lessee, � before the next ensuing rental paying date, commences further drilling operationa or commences or resumes the payment or tender of rentals. If after the � discovery of oil or gas the production thereof should cease from a,ny cause, this lease shall not be terminated thereby if lessee commences additional drilling � � operations within aixty days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentala 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 oY 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 from said land, escept water from leasor's wells, for ali operations hereunder, and the Toyalty on oil � and gas sha11 be in the net quantity after deducting any so used for operations. Lessee shall have the right at any time during or after the expiration of this lease to remove I all �roperty and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by lessor, lesaee will bury a11 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 lessor's consent. I.easor shall have the privilege, at the risk and expense of lessor, of making connection and using gas from any gas well on eafd land for stoves and inside lights in the principal dwelling on aaid land out � P of any surplus gas not needed for operations hereunder. �\l 7. The rights oR either party under thia lease may be asaigned in whole or in part and the provfsions hereof shall extend to the heirs,personal repreaentatives, aucces8ora � . and assigns, but no sale or assignment by lessor ahall operate to enlarge the obligations or diminish the rights and privilegea of lesaee. Should lessee assign this lease in whole or in part lessor aha11 look aolely to the assignee for performance of ita terms as to the parte ao assigned. No sale or assigninent by leasor shall be binding on leasee i for any purpose until lessee shall be furniyhed with an instrument in writing evidencing such sale or assignment. If lessee asaigns this lease in part, the obligation (if anq exists) to pay rentals is apportioned as between the several owners ratably according to the aurface area oE each, and default by one oY them in the paytnent o! 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 aha11 never be forfeited, cancelled, or terminated for failure by lessee to perPorm in whole or in part any oE its implied.obligations, nor while oil or gas ia being produced in paying quantities for any caixse whatsoever, unless there shall first be a final judicial ascertainment that such obligation or cause exists and that leasee � is in default. Upon auch final determination, lessee ia 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 of this lease, each producing well and ten acres surrounding it to be selected by lesaee. Lessee shall not be liable ia damages for breach of any implied obligation. 9. If six or more persons be or become entitled to royalties hereunder, they ahall by sufficient written instrument designate aome agent to receive payment foT all, and lessee shall not be required to make payment until such instrument is furnished. 10. When drilling or other operations are delayed or interrupted by lack o4 water, labor or material, or by fire, storm, flood, war, rebellion, insurrection, riot, atrike, differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a result of aome order, requisition or necesaity oY the gOVe1'nment. or as the result of anY cause whatsoever beyond the control of the leasee, the time of such delay or interruption shall not be counted against lessee, anything ia thia lease to the contrary notwithstanding. 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), maq pay and diseharge axiy tasea, mortgages or other liens upon said land, and in that event lessee shall be aubrogated to such lien, with fuli right to enforce the same, and fn addition thereto may retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. IE lessor owns an interest in said land leas than the entire fee simple estate, then the royalties and rentals to be paid lessor aha11 be reduced proportionately. Should the right or interest oT lessee hereunder be diaputed by leasor, or any other persoa, the time covered by the pendency of auch diepute ahall not be counted against lessee either as affecting the term of the lease or the time for payment oP 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 dispute. ' IN WITNESS WHEREOF this instrument is executed on the @a e above written. � Pa ted on Map APPROVED A� �� Paul Gudenrath �s�r..� 3-�-1�30bY I.E. L. DE�CRi��IO�N & DATA Fiattie Gudenrath �s�g 3� � man Attest: +�� TEXAS PRODUCTION COMPANY, J.'C.Hudnall By A.R.�ilson Assistant Secretary. Vice Preaident r�ss� � STATE OF NEBRASKA, ` � ss. � County of Hali � On this 26 y of Feb. , ia 30 , before me, a Notary Public, in and for said County, personally came the above named Paul .Gudenrath �a Hattie Guden�atM , his wife, who are personally known to me to be the identical aid instrument to be their voluntar act snd deed. h acknowled ed s Y � P ersons whose names are affixed to the above instrument as leasora, and they eac g Witness my hand and Notariai Seal the date last aforesaid. (SEAL �•�+.Sorensen � Notary Public. My commission expires on the 20 day of JulY , 19 31 , , STATE OF COLORADO, - ! � ss. City and County of Denver, pn this 7-1 day of Mareh , 19 3� before me, a Notary Public, in and for said County, personally came the above named I an who I .C.�'Ilid.IlAl l Production Com � eT nt ecretar of said Texas A y, 021 Assiata S y A,�.�i�.B , Vice President and f 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 i corpora tion, an d t h e y a c k n o w l e d g e d t h e i n s t r u m e n t t o b e t h e i r v o l u n t a r y a c t and deed and the volunta r y act and deed of said corporation. Witness my hand and Notarial Seal the date last aforesaid. John T.N �{; O .. (SEAL) �1'�"o�ary�Publia ' bI commission ex ires on the 3� da oP Oetober . , i9 33 , . . � i