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� - , , �o� �� '�3 � ��,�� r� � _. __- STATE OF NEBRASgA,� From Hall Count�, ss. D L �iinor and V91f8 I hereb� certify that this instrumer�t uas filed for record in my office • • _ at 9;OOo'clocic A.Il�i•, OCtober 15, 19 30 , and is dul� recorded in book Q page 73 Register of Deeds To By Texas Production Company Deputy. I'ees,�2.S'0 Lease o - Lease- No.547 ��ir1910nB �JkT.N. DIL �ND GAS MINING LEASE 3 ita Book � � �93o s� J. . � 7 An Agreement, entered into tliis 28` day of February � � , 9 �Q , betw en D.L.Minor and Carrie Minor,his wife, Grand I�land. Nebraska Iessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporatfon organized under the laws of Colorado, lessee. 1. Lessor, in consideration of the sum of For_ty Dollars ($ 4�•�0 ), 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 formationa 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 employeea) thereon, to produce, save, take care of, Lreat and transport said products, the following described land in H311 County, State of Nebraska, to-wit: the south west quarter and the west half of the north east quarter section 10; the east half ' of the north vaest quarter, and the west half of the north east quarter section 15; townshi� 11 north xange 10 vaest , and containing in all 400 acres more or less. � � ' 2. Subject to the other provisions herefn contained, this lease ahall remain in force for a term of ten years from this date (hereina�!lter called "primsry term") and as long thereafter as either oil or gas ia or can be produced from any well on said land; however, lesaee 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 leasee, from time to time, the market price at the wells of such one-eighth on the day it ia run to the pipe line or storage tanka, leasor's interest in either case to bear its proportion of any expense of treating unmerchantable o�l to render it merchantable as crude, and (b) an gas produced from said land and sold or used of! � the land or in the ma.nufacture of gasoline, including casinghead gas, the market price at the well of one-eighth o# the gas so sold or used, provided that if and when lessee 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 aA or any part of said royal�y rights from the lessor at the best bona fide price offered by responaible third parties when and if , offered for sale or transfer by lessor. 4. If drilling operations are not commenced on said land on or before one ear from this date, this lease shall then terminate as to�,�o artiera.. unless � lessee shall pay or tender to lessor or to the credit of lessor in First l�ational Bank at Grand Island . .v�� lessor's agent) the sum of 'j'�Ent�T ��nd ��/100 -� — — — � — — — — — — — — — — — — — Dollars ($ 2 00 ) � (hereinafter called "rental"), which s all exten or six months the time within which drilling operations may be commenced. Thereafter, semi-anaually, in like manner, and upon like paymenta or tenders, the commencement of drilling operations may be further deferred for periods of aix 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 G 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 succesaors, assigns or legal representatives of lessor. If such bank (or any succeasor bank) should fail, liquidate or be succeeded by another bank, lesaee ahall not � be held in default for failure to make such payments or tenders until thirty days after lessor ahall 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 fs consideration for this leasa 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 lesaee, before the next ensuing rental paying date, commences further drilling operations or commences or resumea the payment or tender of rentals. If after the discovery of oil or gas the production thereof should ceaae from any cause, this lease shall not be terminated thereby if lessee commences additiona,l driliing operations within sixty days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentals before the negt ensuing rental paying date. If at the expiration of the primaxy 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, so long thereafter as oil or gas is or can be produced from any well on said land. ^ 6. Leasee shall have the free uae of oil, gas, wood, coal and water from eaid land, except water from lesaor's wells, for all operations hereunder, and the royalty on oil � and gas shall be in the net quantity after deducting any so used for operations. Lessee shail have the right at any time during or after the expiration of this lease to lemove all �roperty and figtures placed by leasee on said land, including the right to draw and remove ali casing. When required by lessor, lesaee will bury all pipe lines below ,� ordinary plow depth, and no well shall be drilled within two hundred feet oE any residence or barn now on said land without lessor's conaent. Lessor shall have the privilege, at the risk and expense of lesaor, oE 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 of any aurplus gas uot needed for operations hereunder. 7. The righta of either party under this lease may be asaigned in whole or in part and the pronisiona hereof ahall extend to the heirs,personal representatives, succeesors and asaigna, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the rights and privilegea of lessee. 8hould lesaee aaeign this lease in whole or in part lesaor sha11 look aolely to the assignee for performance of its terms as to the parta so assigned. No sale or aseignment by lesaor shall be binding on leeaee for any purpose untfl lessee ahall be furniehed with an instrument in writing evidencing auch sale or asaignment. If leasee assigna this lease in part, the obligation (i! any � exista) to pay rentals is apportioned as between the severai owners ratably accordfng to the aurface area of each, and default by one of them in the paymeat oi rentale ahall not affect the validity of the lease on the portion of land upon wriich pro rata rentals are paid or tendered. 8. This lease shall never be Yorfeited, cancelled, or terminated Eor fallure by lessee to perform in whole or in part any of its implied obligations, nor while oil or gas ia being produced in paying quantities for any cause whatsoever, unless there ahail firat be a final �udicial ascertainrnent that such obligation or cause exiats and that lesaee \ is in default. Upon such final determination, lessee is hereby given a reasonable time therealter to comply with such obligation, or, at lesaee's election, to surrender the �\ lease, with the option of reserving, under the terms of this lease, each producing well and ten acres aurrounding it to be selected by lessee. Lessee ahall not be liable in `V damagea for breach of any implied obligation. � 9. Ii aix or more persons be or become entitled to royalties hereunder, they shall by sufficient written instrument designate aome agent to receive payment for all, and lessee ahall not be required to make payment until such instrument is furniahed. 10. When drilling or other operations are delayed or interrupted by iack of water, labor or material, or bY fire, atorm, flood, war, rebellion, insurrection, riot, atrike, differences with workmen, or failure of caxriera to transport or furnish facilities for transportation or as a reault of some order, requisition or neceasity o1 tha government, or as the reault of any cause whatsoever beyond the control oE the lessee, the time of such delay or interruption sha11 not be counted againat lessee, anything in thia leaae to � the contrary notwithstanding. � li. Leasor hereby warrants and agrees to defend the title to sa,id land and agrees that lessee, at lessee's option (but without anq duty to do so), may pay and dlacharge ariy taxes, mortgages or other liens upon said land, and in that event lessee shall be aubrogated to such lien, with full right to enforce the same, and in addition thereto maq � retain for the satiafaction of such lien and interest all royaltiea or rentals accruing hereunder. If lesaor owns an interest in said land lesa tha.n the entire fee simple estate, then the royalties and rentals to be paid lessor ahall be reduced proportionately. Should the right or interest oP lessee hereunder be diaputed by lesaor, or any other person, the time covered by the pendency of auch dispute shall not be counted againat lessee either as sEEecting the term oE the lease or the time for payment oi rentals or royaltiea or for any other purpose, and lessee may auspend a11 payments unUl there is a final ad]udication or other determination of such diapute. IN WITNESS WHEREOF this instrument is esecuted on the date first above written. ' � • Pasted on �a.p - APPROVED AS .TO D.L.Minor �SFAT•� �-17-30 by I.E.L. �E�CFIFREE�AN D�TA Carrie I�inor �s�ai.) � �co�) z�ssoR `? attest: SEAL) TEXAS PRODUCTION COMPANY, J.C.Hudnall sy A.R.Wilson • Assistant Secretary. Vice President LE88� STATE OF NEBR,ASKA, ss. co,�ty or Hall On this 2$� day Pf February , 18�j� , before me, a Notary Public, in and for said County, personally came the above named II. L.�F�.T10T i,�' and Carr ie Minor , his wife, who are personaily known to me to be the identical , , peraons whose names are affixed to the above instrument as lessors, and they each acknowiedged said instrument to be their voluntary act and deed. Witness my hand and Notarial Se the date last aforesaid. �sE�iL� , R.R.F,�o�aiiy Public. � My commisaion expires on the �.6'�}] day of Mar eh , is 35 . STATE OF COLORADO, � ss. City and County of Denver, On this 2$' day of biareh , 19 �j�, before me, a Notary Public, in and for said County, personally came the above named �.�..�11SOA , Vice President and J.C.H11Cl.T1a,I.1 Assistant Secretary of said Texas Production Company, who are personaily 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. Witneas my hand and Notarial Seal the date last aforesaid. (gEAL) ` John �'o.NV��Tl1 T�9 M coxnmission expires on the 7j� day of Oetober , 19