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—� p �� 4� . �i��'�� '�� STATE OF NEBRASI�A,� From Hall County, ss. Lizzie Clark' and husband I hereby certify thc�t thvs i�tistrumer��t was filed for record in my office . at 8� o'c1,ocic A. 161., II�8.�1 28� 19 30 , and is dut� reco��ded in book �Qp page �}9 . � � Rec�ister o f Dee s To B� Texas Production Company Deput�. b'ees,$ ,Z 6 s �a�e o B OIL AND GAS MINING LEA.SE : � ea�e x . �659 �� y �'.�.�. _ �� 3�°� J.T. . An Agreement, entered into this 1$th day of MSTCYI _ , 19 �jV , b�tween Liz2ie Clark and Lemuel A.Clark,her husband lessor (whether one or more), t�,nd TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Coloradq lessee.• � 1. Lessor, in consideration of the sum of sixteen Dollars ($ 16•�� ), in hand paid, of the royalties herein provided 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 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 j�g],], County, State of Nebraska, to-wit: The south half of the north west quarter and the north half of the south Rest quarter of sec. 2, '�p.9 Rge. 9 W. containing 160 Acres more or less. . _ 2. Subject to the other provisions herefn 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 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 avells 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 intereat fn either case to bear its groportion of any expense of treating unmerchantable oil to render it merchantable as crude, and (b) on g�s produced from said land and sold or used off the land or in the ma.nuPacture of gasoline, including casinghead gas, the market price at the well of one-eighth of the gas ao 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 auch salea. 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 parties when and ff offered for sale or transfer by lessor. � , 4. If drilling operations are not commenced on said land on or e ore on yep.�f�'om this date, this lease ah the terminat�, to both parties, unless lessee shall pay or tender to lessor or to the credit of lessor in ��T• �BTr 1 Bank at �8.6�lA�TB�1Vl: T/� (which bank is lessor's agent) the gum of g i�t1t Dollars ($�•iJ0 ) (hereinafter called "rental"), which shall extend for six months the time within which driliing operations may be commenced. Thereafter, aemi-annually, in like manner, and upon like payments or tenders, the commencement of drilling operaicions 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 leasee mailed or delivered to said bank on or before such date of payment. Driiling 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) should fail, liquidate or be succeeded by another bank, lessee ahall 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 bank as agent to receive such payments or tenders. The down cash payment is considera.tion for this lease � according to its terms aud shall not be alocated as mere rental Por a period. ' 5. If prior to the discovery of oil or gas on said land lesaee should drill a dry hole or holes thereon,this lease ahall 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 a.ny cause, this lease shall not be terminated thereby if lessee commences additional drilling (� opera.tions within si�sty days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentals before the aext �� eneuing 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 operatione thereon, the lease shaA remain in force so long as drilling operations are prosecuted, and, if they result in the production of oil or gas, so long thereaft,er as oil or gas is or can be produced from any well on said land. 6. �l.essee ahall have the free use oE oil, gas, wood, coal and water from said land, except water from leseor's wells, for all operationa hereunder, and the royaltq on oil C, 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 this lease to remove �� alI property and fixtures placed by lesaee on said land, including the right to draw and remove all casing. When required by lesaor, lessee will bury a11 pipe linea below � ordinary plow depth, and no well ahall be drilled within two hundred feet of any residence or barn now on said land without lessor's consent. Lessor sha11 have the privilege, at the risk and expense oi lessor, 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 A` of any aurplus gas not needed for operations hereunder. l� 7. The rights of either party under thia lease may be assigned in whole or in part and the provisions hereof shall extend to the heirs, personal representativea, aucceasors . and assigns, but no sale or assignment by lessor ahall operate to enlarge the obligations or diminiah the righte and privileges of lessee. Should lessee assign this leaae in whole or in part lessor shall look aolely to the assignee for performanCe of its terxns as to the parts so assigned. No sale or assignxnent by lessor sha11 be binding on leasee for any purpose until lessee ahall be furni�hed with an inatrument in writing evidencing auch sale or assignment. If lessee assigns thiy lease in part, the obligation (if any exists) to pay rentals is apportioned as between the aeveral ownera ratably according to the surface area of each, and default by one of them in the payment oi rentals ahatl not affect the validity of the lease on the portion oY land upon wriich pro rata rentals are paid or tendered. 8. This lease ahall 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 is being produced in paying quantities tor any cause whatsoever, unleas there ahall first be a final judicial ascertain�r�ent that auch obligation or cause exiats and that leasee is in default. Upon auch final determination, lessee ie hereby given a reasonable time thereafter to comply with auch obiigation, or, at lessee's election, to aurrender the lease, with the option of reserving, under the terms oE this lease, each producing well and ten acres aurrounding it to be selected by lesaee. Lessee shall not be liable in � damag'es for breach oE any implied obligation. 9. If six or more persons be or become entitled to royalties hereunder, they shaii by sufficient wrftten instrument deaignate aome agent to receive payment for all, and lessee shall not be required to make payment until such instrument ia furnished. 10. When drilling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, atorm, flood, war, rebellion, insurrection, riot, stMke, differences with workmen, or failure oP carriers to transport or furnish facilitiea for transportation or as a result of some order, requisition or necessity o1 the government, or as the result of any cause whatsoever beyond the control oY the leesee, the time oP such delay or interruption shail not be counted againat lesaee, anything in this lease to the contrary notwithstanding. ii. Lessor hereby waxrants and agrees to defend the title to said land and agrees that lessee, at lessee's option (but without any duty to do so), may pay and discharge 1� axiy taxea, mortgagea or other liens upon said land, and in that event lessee shall be subrogated to auch lien, with full right to enforce the same, and in addition thereto may �C retain for the satisfaction of such lien and intereat all royalties or rentals accruing hereunder. IY lessor owns an interest in said land leas than the entire fee afmple estate, � then the royaities and rentals to be paid lessor ahall be reduced proportionately. Should the right or fnterest of lesaee hereunder be disputed by lesaor, or any other peraon, the tfine covered by the pendency of such dispute shall not be counted against lessee either as affecting the term of the lease or the time for payment o! Tentals or royalties or for any other purpose, and leesee may auspend a11 payments until there is a Yinal adjudication or other determination oE auch diapute. � IN WITNESS WHEREOF this instrument is executed o he d te st above written. � • po t d n Ma D� � � ��A� ��TA Lizzie Cla,rk �s�� 4-.�-�f93g by �itz �. . Lemuel A.Clark csEar.� N r �9�� , �s�oR � Atteat: (�!�� TEXAS PRODUCTION COMPANY, Q �!� B A.R.Wilson r�.�.HuC�Y181'1 ' Assistant Secretary. y Vice Preaident �ss� STATE OF NEBRASKA, � � ss. � County of AC38Jti$ ' On this Zgtt1 day of �l"Ch , 19 3� , before me, a Notary�u�bli in and for said County, pereonally came the above named � L i z z i e �l�r k an d L e m u e l A.C l a r k,h e r h u s ,��, w h o a r e p e r s o n a l l y k n o w n t o m e t o b e t h e identical \ person� 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. (gEAL) Cha�e. �.Dominy - - Notary Public. My commission expires on the , 7t�1 �Y�ay of �r• , 19 3�' . ��L� ��"'"""� �°"¢`- STATE OF COLORADO, ` ��'�9 3 b ss. �-xda-ve.��e �j.c�.ua�..�.� City and County of Denver, 3,��ytu�/�-�-E��,��: On this aay of Apr i l , 1s30 , before me, a Notary Public, in a ��i ers a y came e a ve name A,R.��SOII , Vice President and �J.�•H1iC�.21&11 . . Assistant Secretsry o�sa.i�Pro u�-ction Company, who are personally known to me to be the identical peraons whose names are affixed to the above instrument as Vice President and Aasistant S2cretaty of said corporation, and the3� 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) John T�,N r�st�r��tc. My commission expires on the 7j0 day oP OC'�OU,,BT , 19 33 .