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�� ��'�'�� '��;�� '��'�� STATE OF NEBRASSA,� From Hall County, 3�� R3ri. F&,�;a.Yi �et 8,1 I hereby certify that this instrumer�t uas filed for record dn my office at $ dclocic A.D�i,, ld8y 2S 19 �1� , and is dul� recorded in book �Q„ page 51 � � ��r�l-.�.�.( �'LC,e�v,-'1� Register of Deed$ To $� � Texas Production Company Deputy. I{'ees,$ 2,6� � � A x OIL AND GAS 1VIINING LEASE ea�� x- . �0656 � a �: � o .�� r �: .R. �9� �� y J.T.N. An Agreement, entered into this 13 t+h day of �ar ch , i� 3� , between �/m.Fagan,Jr. and Dda,rie Fagan,his wife, _John Fa.ga,n and Eether �'a.gan,his wife, � lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, leasee. � 1. Lessor, in conaideration of the sum of S�]C't�"f OUT Dollars ($6�•�� ), in ha.nd paid, of the royalties herein provided i and the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto lessee, for the purpoae of testing by any method for formations and prospecting and drilling for and producing oil and gas, laying pipe lines, building tanka, storing oil and building powers, stations, telephone linea and other structures (including houaes for employeea) thereon, to produce, save, take care of, treat and transport said products, the following described land in H311 County, State of Nebraska, to-wit: � All of sec. nineteen in Twp. 12 Rge 10 �P. conta�.nin� 640 acr�s more or less. '� 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 "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 thfs lease , in whole or in part. 3. The royalties reserved by lessor, and which shall be paid by lesaee, are (a) on oil, one-eighth of that produced and saved from said land, the same to be delivered at the vvells 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 st the wells of such one-eighth on the day it ia run to the pipe line or storage tanka, lessor's interest in 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 oP 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 leasee shall sell gas at the wells lessor's royalty thereon ahall 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 iP � _ offered for sale or transfer by lessor. 4. If drillin o erations are not commenced on said land on o efore o g r fro�.�,this date, this lease s all the tqa' te as o oth partiea, unleas lessee shall pay or tender to les�s or or to the credit of lessor in ��TSt �B,yTr��I181 Bank a�ra�nc� �s�and �8�� (which bank is lesaor's agent) the sum of Th1T'�� tR� — — — � — " — " — — — — — — — — — — " — — — Dollara (� ��+ ) � (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 operations may be further deferred for perioda 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 such date of payment. Drilling operations hereunder ahall be deemed to be commenced when the first material is placed on the ground. Notwithstanding any devolu- tion, change or d'avision in the ownership of said land, the payments or tenders of rentalin the manner herein provided shall 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 sha11 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 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 ff 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 ahall not be terminated thereby if lesaee commences additional drilling operations within sixty days thereafter or (if it be within the primary term) commences or resumes the payment or tender oP rentals 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 of oil or gas, so long thereafter as oil or gas is or can be produced from any well on said land. � 6. Lessee shall have the free use oE oil, gas, Wb�tl;`coal and water irom suid land, except water from lessor's wells, for ail operations hereunder, and the royalty on oil � and gas ahall 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 a11 property and fixtures placed by leasee on said land, including the right to draw and remove a11 casing. When required by lessor, lessee will bury all pipe linea below ordinary plow depth, and no well aha11 be drilled within two hundred feet oP any residence or barn now on said land without lessor's consent. Lesaor shall have the privilege, at the riak und expense of lessor, of making connection and using gae from any gas well on said land for stoves and inaide lights in the principal dwelling on said land out oP anY aurplus gae not needed for operationa hereunder. 7. The rights of either party under this lease may be asaigned in whole or in part and the provisions hereof shall extend to the heire, personal representatives, succeasors and assigns, but no sale or assignment by lessor shall operate to enlasge the obligations or diminiah the rights and privileges of lessee. Should lesaee asaign this lease ia whole or in part lessor ahall look solely to the asefgnee for performance of its terms as to the parte so assigned. No sale or assignment by lesaor shall be binding on lesaee for any purpose until lesaee ahall be furnished with an instrument in writing evidencing such sale or assignment. If lesaee assigns this lease in part, the obligation (ii any exists) to pay rentals is apportioned as between the aeveral owners ratably according to the aurface area of each, and default by one oY them in the payment o! rentale aha11 not affect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered. 8. This lease shail never be forfeited, cancelled, or terminated ior 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 whataoever, unless there shall first be a final judicial ascertainrnent that such obligation or cause egists and that lessee fa in default. Upon such final determination, lessee is hereby given a reasonable time thereaPter to comply with sy�h obligation, or, at lessee's election, to surrender the lease, with the option of reaerving, under the terms oY this lease, each producing well and ten acres aurrounding it td�e selected by lessee. Lessee shall not be liable ia damages for breach oi any implied obligation. 9. If six or more persons be or become entitled to royalties hereunder, they aha11 by sufficient written inatrument designate some agent to receive payment for all, I and lessee ahall not be required to make payment until such instrument is 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, inaurrection, riot, atrike, differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a resuit of aome order, requisition or necessity of the government, or as the result of any cau5e whatsoever beyond the control of the lessee, the time oE auch delay or interruption shalt not be counted againat lessee, anything in thia lease to the contrary notwithetanding. li. Lesaor hereby warrants and agrees to defend the title to safd land and agrees that lessee, at leasee's option (but without any duty to do so), may pay and discharge ariy taxea, mortgages or other liena upon said land, and in that event lessee sha11 be subrogated to such lien, with full right to enforce the same, and in addition thereto may retain for the satisfaction of auch lien and interest all royalties or rentals accruing hereunder. IY lessor owns an interest fn said land less than the entire fee simple eatate, then the royalties and rentala to be paid lessor shall be reduced proportionately. Should the right or interest of lessee hereunder be disputed by lessor, or any other peraon, the time covered by the pendency of such dispute aha11 not be counted against lessee either ae affecting the term of the lease or the time for payment of rentals or royalties or for any other gurpose, and lessee may auspend a11 payments until there is a final adjudication or other determination o! such dispute. IN WITNESS WHEREOF this instrument is executed on t e e first above written. • '.4-4-� ��b�a�itz DESCRIP`��ONA� �ATA �?•ie�a an cs�� �3 Y sman �'"o�in Fag�.n cs�� �1��1�� Esther Fagan r.�ssoR Attest: ' ' ( p�p TEXAS PRODUCTION COMPANY, J.C.Hudna,ll {�I�AL3 By A.R.Rilson Assistant Secretary. Vice President - ---�, LESBEE ��"� � �-- STATE OF NEBRASKA, ss. � �`, �� "�d`� County of Hal l �' ��"'E�-/,� �- On is �. th d y f �&TCY1 ?J� before me, a Notary Public, in a d - d erso�ly c e the above named � � an �r. n� r i e FFa�a,t��s��i�,e e an d � � • ��" to be the identical o�fin�agan an� s�er ag , ° � persons whose names are affixed to the above instrument as lessors, and they each acknowledged sai inst�en� e ta act and deed. Witness my hand and Notarial Seal the date last aforesaid. �� -- �� .R.Alter . (SEAL) �� L�y Notary Public. My cornmission e�pires on the 2� day of AL1�Ll8� , 19 �l . .�'6_c `� °� � �\`�� STATE OF COLORADO, � � ��`4�� `\� ss. � -�'�.•� ��z,s-� �'2� City and County of Denver, �z ��.G '�.�o�tiC� �_ On this 23 day of April , 19J� , before me, a Notary Pub'c, in an r s�a}Coutr�y,�e�ally e the above named A.R.��ZS�A , Vice President and 'J.C'.�uC�S1a11 Assis t Secre said Texas Pro ction Company, who are personally known to me to be the identical persons whose names are affixed to the above instrumen Vice P�' nt an d Ass i t Seere t ary o f s a i d corporation, and they acknowledged the instrument to be their voluntary act and deed and the volunta.ry act deed o ' orpo tion. Witness my han d an d No tari a l Sea l t he da te las t a foresai d. ��jEAL� JO Y 121 7'.�STS tTOffi Notary PubHc. M commission ex ires on the � da of Oetober , 18 33 .