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1 � J � 1 1 �h�b �`� �4 5 �J��, ',��,�� f� STATE OF ATEBRASgA,� Fi'om Hall County, ss. Frank Rewerts,a ein�le man I hereby cert�if� that this instry•umer�t zcas filecl for record in my offiee . at � o'cl,ocic A. M., M8y 28'� 1930 , and is dul� reeorded in boolc „(�N page 4 . �/�� ��.�.c - 0 Register of Deeda To By Texas Production Company Deputy. � , I'ees,� 2.80 _ �a � • ` OIL ANI� GAS 1VII1�TII�IG LEASE e8� b 1�9 � fi��°� $�° �9�• ��3� �� a.�.x. y . .N. - � An Agreement, entered into this �.2 day of March , 19 30 , between N Frank ReRerta a �ingle man, Doniphan Nebraeka. � lessor (whether one or more), and TEXAS PROY�UCTION COMPANY, a corporation organized under the laws of Colorado, lessee. � 1. Lessor, in cousideration of the sum of Thir�.y �'wo Dollars ($ 32.0� ), in hand paid, of the royalties herein provided and the agreemente of lessee herein contained, hereby granta, leases and lets exclusively unto leusee, for the purpose of testing by any method for formationa and prospecting and drilling for and producing oil and ga.s, laying pipe lines, building tanke, storing oil and building powers, statione, 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 Hal�- County, State of Nebraska, to-wit: � � the north east quar�er; the east half of the south east quarter section 21; the west half of the �outh west qua.rter section 15; all in township 9 north range 10 west and containing 320 acres more or lese. � ^ � � . � 2. Subject to the other provisions herein contained, this lease shall remain in force for a term of ten years from this date (hereina,fter called "primaty Q� � 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 lesaor 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 ita S 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 shall sell gas at the wella 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 o�y,or �efore o e f om this date, this lease s e te_r�t �to �� parties, unless leasee shall pay or tender to 1@sso or to the c�redit o 1�s or_kn t38,A8 of '�Sd�n�p�an, Bank at��j.��'+��i� ��B ��hich bank fe lessor's agent) the sum of $11C�8eA 811Ci 110�ZU� -- — — — " — — " " � — � — " " — '— Dollars ($ ��. ) (hereinafter called "rentai"), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, semi-annually, in like manner, a,nd upon like payments or tenders, the commencement of drilling operatiions 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. Driiling operations hereunder shail be deemed to be commenced when the firat 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 ahall be binding on the successors, � asaigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lessee aha11 not (� be held in default for failure to make such payments or tenders until thirty days after lessor aha11 deliver to lessee an instrument in writing duly C'� 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 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 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 next....v. ensuing rental paying date. If at the expiration of the primary term oil or gas is not being produced on saad land but lessee is then engag'ed in drilling operations thereon, the lease shall remain in force so long as drilling operations are prosecuted, a.nd, if they result in the production of oil or gas, so long f thereafter as oil or gas is or can be produced from any well on said land. ��7 6. Lessee sha11 have the free use oY oil, gas, wood, coal and water from said land, except water from lesaor's wells, for all operations hereunder, and the royalty on oil � and gas shall be in the net quantity a1ter deducting any ao used Eor operations. Lessee shall have the right at any time during or after the espiration of this lease to remove � all px•operty and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by lessor, lessee will bury all pipe linea 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. Leasor 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 stoves and inside lights in the principal dwelling on said land out of any surplus gas not needed for operations hereunder. 7. The rights of either party under this lease may be assigned in whole or in part and the provisions hereof shall extend to the heirs,personal representativea, succeasor9 � and assigns, but no sale or assignxnent by leasor shall operate to enlarge the obiigations or diminish the rights and privileges of lesaee. Should lessee asaisn tt►is lease iu whole or in part leasor shall look aolely to the assignee for perPormance of ite terms as to the parts so assigned. No sale or assignment by leasor shall be binding on leasee for any purpose until lessee ahall be furnished with an instrument in writing evidencing such sale or assignment. If lessee assigns thia lease in part, the obligation (if any exists) to pay rentals ie apportioned as between the several owners ratably according to the surface axea of each, and default by one of them in the payment o! rentals sha11 not affect the validity of the lease ott the portion of land upon which pro rata rentala are paid or tendered. 8. This lease ahail never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any oP its implied,obligations, nor while oil or gas !s being produced in paying quantities for any cause whatsoever, unless there ahall Pirst be a final judfcial ascertainrnent that such obligation or cauae exists and that lessee is in default. Upon such iinal determination, lessee is hereby given a reasonable time thereafter to comply with such obligation, or, at lessee's election, to sunender the lease, with the option of reserving, under the terme of this lease, each producing well and ten acres surrounding it to be selected by lessee. Lessee shall not be liable in damages Yor breach oi any implied obligation. 9. If six or more persons be or become entitled to royalties hereunder, they shail by sufficient written fnstrument designate some agent to receive payment for 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 lacic of water, lt�bor or materiai, or by fire, storm, flood, war, rebellion, insurrection, riot, strike, differences with workmen, or failure of carriere to transport or furnish facilities for traneportation or as a result of some order, requisition or necessity of the go9ernment, or as the reault of any cause whataoever beyond the control of the lessee, the time oE such delay or interruption shall not be counted against lessee, anything ia thia lease to the contrary notwithatanding. li. 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 pa9 �d diacharge ariy taxes, mortgages or other liens upon safd land, and in that event lessee shall be aubrogated to such lien, with full right to enforce the same, and in addition thereto may I'� retain for the satisfactton of auch lien and interest all royalties or rentals accruing hereunder. If lessor owns an interest in said land leas than the entire fee simple estate, then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest ot lessee hereunder be disputed by lesaor, or any other person, ' the tima covered by the pendency of auch dispute shall not be counted againat lessee either as affecting the term of the lease or the time for payment oi rentala or royaltiea or for any other purpose, and lesaee may suspend ail payments until there is a final adjudication or other determinatfon oP auch diapute. IN WITNESS WHEREOF this instrument e d first above written. � � ' po t n �[a DE �P��Q�' ��DATA Frank Rewerts csEa�.� 4-�-f�38 by �itz �.��'��3�� cs�� Lz�ssoR Attest: ' " CORP TEXAS PRODUCTION COMPANY, J.C.Iiudnall �8EAL3 $y A.R.VIilson � Asaistant Secretary. Vice President LESBEE STATE OF NEBRASKA, �'f� ; ss. � County of �a31 On this ZG� day of �8TQ�1 , is 3� , before me, a Notary Public, in and for said County, personally came the above named ' Frank Re�erts �a�c a B�Y]$1@ tria.Il , �'i��e, who �.8 person�i��cnown to me to be the identical person,� whose name.� :.�'i3affixed to the above instrument as lessor., and .he • each acknowiedged said instrument to be�� voluntary act and deed. Witness my hand and Notarial Seal the date last aforesaid. Bes�se L.Gideon �$EAL� � Notary Pubiic. My commission expires on the .3 day oP Dec. , 19/� . STATE OF COLORADO, � ss. City and County of Denver, Z On this 23 day of Apr i 1 , 19/0 , before me, a Notary Public, in and for eaid County, personally came the above named Q•R.�'1].BOYl , Vice President and J•C.�udn811 - Assietant Secretary oP said Texas Production Compatlq, �vho are peraonaliy 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. �SEAL� JOY1Y1 T.�Y$tiT�Olp�,C. ' dt81� pll My commiasion expires on the � day of October , 1933 .