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— � � �o� �( �� ' ��'�� W STATE OF NEBRASSA;� From .gaai county, s�' el&1�88 A.D6808 & �ife I hereby ce�rtify that this instrumer�t z.�as filed for recorcZ in my off-i.ce . at � �'clocic A• Di., �Y 2� 19 30 , and is dul� recorded in book a Qu page 47 . � � �� � Register of Dee s To B� . Texas Production Company Deputy. � r _ Fees,�2.65 c� �a e Q. � - OIL AND GAS MINING LEASE � 1 a � 07 � �� t�°� °. .H. �� 93� J.T.N. � � Y tv Februar , 1s xj0 , between A n A r e e m e n t, e n t e r e d i n t o t h i s 2 1$� d a y o f 'q �' � James A.De3oe and �dinr�ie DeBoe,his wife Cairo, Nebraska. - � lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the lawa of Colorado, lessee. � 1. Leseor in consideration of the sum of Sixt�en Dollars (� 16•� ), in hand paid, of the royalties herein provided and the agreements of lessee herein contained, hereby granta, leases and lets exclusively unto lessee, for the purpose of teating 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 employees) thereon, to produce, save, take care of, treat and transport said products, the following described � land in Ha,ll, County, State of Nebraska, to-wit: � The Southeaet Quarter of Section Two, To�vnship T�e1ve,North, Range Twelve,Nest a,nd eontai�aing 160 aeres more or lese. � � 2: Subject to the other provisions herefn contained, this lease shall remain in force for a term of ten years from thfs date (hereinafter called "primar�► 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 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 fn 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 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 lesaee 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 thfrd parties when and if offered for sale or transfer by lessor. ` � 4. If drilling operations are not commenced on said land o�},,qr befor one'year ro t is date, this lease sh�} t$en ter�p��a.te as to both parties, unlesa • lessee ahall pay or tender �Q le�s or or to the credit of leasor in:3L8t@ ��,T11C O� �8.�T0 Bank at �i8,1T'0�lV6DT. (which bank ia lessor's agent) the sum ofJli�gfit � — — — — — — " — " " — — � ' "' "" — — ! — Dollara ($ �.�� ) (hereinafter called "rent�i"), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, semi-annually, ia like manner, and upon like payments or tenders, the commencement of drilling operatione may 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 auch 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 sha11 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 heid 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 ba,nk as agent to receive such payments or tenders. The down cash payment is consideration Por 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 la.nd leasee should drill a dry hole or holes thereon,this lease ahall not be terminated thereby if lesaee, �\ before the next ensuing rental paying date, commencea further drilling operationa or commences or resumes the payment or tender of rentals. If after Lhe v diecovery 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 su�ty days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentais before the negt � ensuing rental paying date. If at the expiration of the primary term oil or gas is not being produced on said land but leasee is then engaged in drilling � operations thereon, the lease ahall remain in force so long as drilling operations are prosecuted, and, if they result in the production of oil or gas, ao long thereafter as oil or gas is or can be produced from any well on said land. `� 6. Lessee aha11 have the free use of oil, gas, wood, coal and water from 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 operations. Lessee shall have the right at any time during or after the expiration of thia lease to Pemove q, al) groperty and fixtures placed by lesaee on said land, including the right to draw and remove all casing. When required by lessor, leasee will bury all pipe lines beloW t� 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 shall have the privilege, • at the risk and expense of lessor, of making connection and ueing gas from any gas well on said land for stoves and inside lights in the principal dwelling on said land out of any aurplus gas not needed for operationa hereunder. 7. The rfghts of either party under this lease may be assigned in whole or in part and the provisiona hereof ahali extend to the heirs, gersonal representativea, auccessor8 and asaigns, but no sale or asslgnment by lessor shall operate to enlarge the obiigations or diminish the rights and privileges of lessee. Should lessee aasign this lease in whole or in part lessor ahall look solely to the assignee for performance of its terme as to the parts so assigned. No sale or assignment by lesaor sha11 be binding on lesaee for any purpose until lessee ahall be furniahed with an instrument in writing evidencing such sale or assignment. If leasee assigns this lease in part, the obligation (if anq exists). to pay rentals is apportioned as between the several owners ratably according to the surface area of each, and default by one of them in the payment of rental8 ahall not affect the validity oP the lease on the portion of land upon which pro rata rentals 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 o4 its implied obligations, nor while oil or gas is being produced in paying quantities for any cause whatsoever, unless there shall first be a final judicial ascertainxnent that such obligation or eause exists and that leasee , is in default. Upon such final determination, lessee is hereby given a reasonable time thereafter to comply with auch obligation, or, at lessee's election, to surrender the lettae, with the option oY reserving, under the terms oE this lease, each producing well and ten acrea surrounding it to be selected by lesaee. Lesaee sha11 not be liable in damages for breach oi any implied obligation. 9. IY six or more persons be or become entitled to royalties hereunder, they ahall by suPficient written instrument designate soma agent to receive payment for all, and lessee shall not be required to make payment until auch instrument is furnished. 10. When drilling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, storm, flood, war, rebellion, insurrectioa, riot, atrike, differences with workmen, or failure of carriers to transport or furnish facilities for traneportation or as a result of aome order, requisition or neceasity oi the governmettt, or as the result of any cause whatsoever beyond the control of the leasee, the tima of auch delay or interruption ahall not be counted against lessee, anything ia this lease to the contrary notwithstanding. 11. Lessor hereby wArrants and agrees to defend the tftle to said land and agrees that lessee, at lessee's option (but without any duty to do so), may pay and discharge ariy taxes, mortgages or other liena 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 satiafaction of such lien and intereat all royalties or rentals accruing hereunder. If lessor owne an interest in said land lesa than the entire fee simple estate, • then the royalties and rentals to be paid leasor shall be reduced proportionately. Should the right or interest of lessee hereunder be disputed by lessor, or any other person, the time covered by the pendency of such dispute shall not be counted againet lessee either as affecting the terxn of the lease or the time for payment of rentals or royalties or Yor any other purpoae, and lessee may suspend a11 paymente until there is a final adjudication or other determination of such diapute. IN WITNESS WHEftEOF this instrument is executed on the.date first above written. , • ' po t n Ma - DESC IRT 0� �sDATA Jatnee A.1?esoe csEai.) �}-�-1�38 Bp �itz e� - Minnie Desoe cs�.� ��. � L�8$OFL Attest: ' (C 3 TEXA S P�,�ODUCTION COMPANY, J.C.Hudnall t3��1 By A.�.Wilson _ Assiatant Secretary. Vice President �ss� STATE OF NEBRASKA, � H8�.1. Z ss. I� County of j On this 27tr�T day or l�areh , i9 30 , before me, a Notary Public, in and for said County, personally came the above named James A•�8 �06 and �innie De .g0@ , his wife, who are personally known to me to be the identical i persons whose names are affixed to the above instrument as lesaors, and th ey each acknowledged said instrument to be their voluntary act and deed. ' Witness my hand and Notarial Sea1 the date last aforesaid. �s�L\ s.R.BeIItOA ',I � • Notary PubHc. , My commission expires on the ZBti day of F6�118Ty , xg 3� , _ STATE OF COLORADO, � as. City and County of Denver, On this 23 day of �pTil , 19 3� , before me, a Notary Public, in and for said County, personally came the above named I A.R.Wi lson , Vice President and J.C.HudT1811 Assistant Secretary of said Texas Production Company, who '�I are personally known to me to be the identicai persons whose names are affixed to the above instrument as Vice President and Aseistant Secretary of said corporation, and they acknowledged the instrument to be their voluntary act and deed and the volunta.ry act and deed of said corporation. Witness my hand and Notarial Seal the date last aforesaid. (gEAL) John T.Npstrom Notary Public. M commission ex ires on the � da ot OC$D�}�T , 19 33 • 1 �