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. lI`�� j�1 1� Jj�r��rn �1 f�1(� � J(�J� �`I �� L!��J�J��1�J�1��J�J�� J�� ''' From STATE OF NEBRASI�A,� . Hall County, s�� I iereby eertify tTzat tleis instrumey��t utcs filed for reeord in my offiee � Williatn Stoeger and wife at � o�caoc�o A.ai., April 26, 1s 30 , and is dul� recorded in book ��Qn page 35 . �_i/'�—�',,��.��u��egister of Deeds B� � . To � Texas Produetion Company F�ees,� 2•65 Deputy. Eea e Q' � AS MINING LE ea�a1N$oo�512 N 3�� ration B o T OIL AND G . 3�i3 193p By J.m.�. i� a.93o By J. .N. - � An Agreement, entered into this �.9 day of Feb, , is 30 , between � William Stoeger and Mary atoeger,Hie wife � lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee. 1. Lessor, in consideration of the Sum or Forty Ei�ht Dollara (� �$�� ), in hand paid, of �he royalties herein provided � and the agreements of lessee herein contained, hereby grants,Teases and lets exclusively unto lessee, for the purpoae of teating by any method for formations &nd prospecting and drilling for and producing oil and gas, laying pipe linea, buiiding tanks, storing oil and building powers, atationa, telephone lines N and other structures (including houses for employees) thereon, to produce, save, take care of, treat and transport eaid products, the following described \ land in �81�. County, State of Nebraska, to-wit: West Half Section Seven and South East Quarter Section Seven Township T�elve North Range Twelve �est and containing 4�0 acres more or Iess Except Chica.go Burlington and Quincy Railroad Right of way. � � 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 leaee in whole or in part. 3. The royalties 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 wells or to the credit of lessor in the pipe line to which the weils 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, leasor's interest in either case to bear its proportion of any expense of treating unmerchantable oil to render it merchanta,ble 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 shall sell gas at the wells lessor's royaity thereon ahall be one-eighth of the amount realized from such salea. 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 responaible third parties when and if offered for sale or tranafer by lessor. 4. If drilling operations are not commenced on said land on or before one year from this date, this lease shall then te;�nate as to both partiea, unieas lessee shall pay or tender t�lessor or to the credit of lessor in State BanK Of Cairo_ _�� at Cairo,l`�G'b. j' (which bank is lessor's agent) the sum of wenty—fOL1T ---�-�^�'—_�'--"---------------- — --Dollars (� 2`h•�0 1 (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, semi-annually, in like manner, and upon like payments or tenders, the commencement of drilling operationa may be further deferred for periods of six months during the � primary term. The paymenta 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 successora, assigns or legal representatives of lessor. If such bank (or any successor bank) ahould fail, liquidate or be succeeded by another bank, lessee ahaU 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 agent to receive such payments or tenders. The down cash payment is consideration for this lease according to its terms and ahall 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 shail 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 next � ensuing rental paying date. If at the expiration of the primaxy term oil or gas is not being produced on said land but lessee is then eng'aged in drilling � operations thereon, the lease shall remain in force so long as drilling operations are prosecuted, and, if they result in the production oP oil 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 oP oil, gas, wood, coal and water from said land, except water from lessor's wells, for all operations hereunder, and the royalty on oll 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 oP thia lease to remove ala property and fixtures placed by lesaee on said land, including the right to draw and remove all casing. When required by lessor, lesaee will bury all pipe linea below . ordinary,plow depth, and no well shall be drilled within two hundred feet oY any residence or barn now on said land without leasor's consent. Lessor ahall have the privilege, at the riak and expense of leasor, of making connection and using gas from any gas well on said land for stoves and inside lights in the principal dwelling on said land out I pg any surplus gas not needed for operations hereunder. � 7. The righte of either party under thia lease may be assigned in whole or in part and the provisions hereof shall extend to the heira, personal representativea, auccea8ore and asaigns, but no sale or aseignment by lessor shall operate to enlarge the obligations or diminish the rights and privileges of lessee. Should leasee assign this lease in whole or in part lessor shall look aolely to the assignee for performance of its terms as to the parts ao assigned. No sale or assigninent by lessor sha11 be binding on leasee for any purpose until lessee ahall be furnished with an instrument in writing evidencing such sale or assignment. If lesaee assigns this lease in part, the obligation (if any exists) to pay rentals is apportioned as between the several owners ratably according to the surf�.ce area of each, and default by one of them in the payment of rentals shall not affect the validity of the lease on the portfon of land upon which pro rata rentals axe paid or tendered. g. Thia lease shall never be forPeited, cancelled, or terminated for failure by lessee to perPorm in whole or in part any of its implied.obligationa, nor while oil or gas ia being produced in paying quantities for any cause whatsoever, unless there shall firat be a final judicial ascertainxr�ent that auch obligation or cause exists 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 lessee's election, to aurrender the lease, with the option of reserving, under the terma of this lease, each producing well and ten acres surrounding it to be aelected by lessee. Lessee ahall not ba liable 1n damages !or breach of any implied obligation. 9. If aix or more persons be or become entitled to royaltiea hereunder, they aha11 by aufficient written instrument designate some agent to receive payment for all, and lessee shall not be required to make payment untfl such instruxnent is furnished. 10. 'OVhen 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 oE carr3ers to transport or furnish facilitiea for transportation or as a result of aome order, requisition or necesaity of the government, or as the result of any cause whatsoever beyond the control of the lessee, the time of such delay or interruption ahall not be counted agatnst leasee, anything in this lease to the contrary notwithstanding. 11. Lessor hereby warrants and agreea to defend the title to said land and agrees that lessee, at lessee's option (but without any duty to do so), may paq and diacharge axiy taxes, mortgagea or other liens upon said land, and in that event leasee shall be aubrogated to such lien, with full rfght to enforce the same, and in addition thereto may retain for the satisfaction of such lien and fnterest all royalties or rentals accruing hereunder. If lessor owns an interest in said land lesa than the entire fee afmple estate, then the royalties and rentals to be paid lessor sha11 be reduced proportionately. 3hould the right or interest of leasee hereunder be disputed by lessor, or any other perxon, the time covered by the pendeney of such dispute shall not be counted against lessee either as affecting the term of the lease or the time for payment oi rentals or ' royalties or for any other purpose, and lessee may suspend all payments until there 3s a final adjudication or other determination of such dispute. • EOF this instrument is executed on the date first above written. • IN WITNESS WHER �j°�o--�9�$ �'pI.E.L. DESCR�PTION�& �ATA �illiam Stoeger esEar,� �, �� Mary Stoeger c�� � Lz�ssoR Attest: ' TEXAS PRODUCTION C PANY, J.C.Hudnall �5�� By A.�.�filson Assistant Secretary. Vice President r�ESS� STATE OF NEBftASKA, '�� ss. County of Hr'],].]. � On thie �.9 day of Feb. , ie 30 , before me, a Notary Public, in and for said County, personally came the above named f �1��.�a.iT! 3 t o e g e r and Mary S t o e g e r , his wife, who are personally known to me to be the identical persons whose names are affixed to the above instrument as lesaors, and th ey each acknowledged said instrument to be their voluntary act and deed. Witness my hand and Notarial Seal the date last aforesaid. Cr.C,.:Ra.ven �$EAL� Notary Public. My commission expires on the 27 day of July , 19 3�` - STATE OF COLORADO, � ss. City and County of Denver, On this ],� day of Mar ch , 19 � , before me, a Notary Pubiic, in and for said County, peraonally came the above named � �1,R.�Pilson , Vice President and J•�•��all Assistant Secretary of said Texas Production Gompany, 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 8aid corporation, and they acknowledged the instrument to be their voluntary act and deed and the voluntary act and deed of said corporatiom Witneas my hand and Notarial Seal the date last aforesaid. (s�L) John T.�y StTOIl1 I�otaxy Public. I My commission expirea on the da oP Oetober , 18