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�� ��'�� 9)� --- __�__.__._____L_t___,�_`_-_ ___ __ _ ____ __ ,___ From STATE OF NEBRASSA,� Hall Cownt�, ss. Ja.mee T.Ashton and wife I hereby certify t3aat this i�zstrumey�t u;t�s filed for record in, my offiee _ at 9:00 o'clncic A.1�i., O�tober 15� 19 30 , and is � duly reeorded in book (,� page 75 (y��. D� � ` tiC�� '� Register of D�eed� To B� Texas Production Company Deputy. , rees,$ 2,65 Leas � o• - 9 OIL AND GAS MINIliTG LEASE R ntalNBo�k-5'+9 E piration ook 17 1930 By J.T.N. _ 3I17 193o By J.T.N �� An Agreemen�, entered into this 3rd day of Mareh , 1930 , betweea J�.mes T.Ashton a,nd Jessie E.Ashton, his wife lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee. 1. Lessor, in consideration of the sum of Thirt , two Dollars (� 32,�� ), in hand paid, of �he royalties herein provided and the agreements of Iessee herein contained, hereby gran�s, leases and lets exclusively unto lessee, for the purpose of testing by any method for formations a.nd prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powers, stationa, telephone linea and other structurea (including houses for employees) thereon, to produce, save, take care of, treat and tranaport said products, the following described land in H�,11 County, State of Nebraska, to-wit: � Northeast Quart�r; South half of the Northwest Quar�er; and North half of the South west quarter of Section Nineteen, Township Nine, North, Ra.nge Twelve, West and containing 320 , acres more or less. � 2. Sub'ect to the other rovisiona herein contained, this lease shall remain in force for a term of ten years from thfs 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 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 weils of such one-eighth on the day it is run to the pipe line or storage tanka, lessor's intereat in either case to bear its proportion of a,ny expense of treating unmerchantabie oil to render it merchantable as crude, and (b) on gas produced from said la.nd and sold or used off the land or in the ma.nufacture 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 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 if ,�� offered for sale or transfer by lessor. Z'�1 4. If drilling operations are not commenced on said land on or before one year from this date, thia lease shall then termin�g �s to both parties, unless v lessee sha.11 pay or tender to lessor or to the credit of lessor in First State Bank at 3helton,lV6tJT6 O„{which bank ia , lessor's agent) the sum of Sixteen— — — — -� " — "' — '— — — — — — — — — Dollaxs ($ 1 . V ) (hereinafter called "rental"), which shali 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 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 aaid ba.nk 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. Notwithatanding any devolu- tion, chang'e or division in the ownership of said land, the payments or tenders of rental in the manner herein provided shall be bindi�g 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 shall 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 lesaee ahould drill a dry hole or holes thereon,this lease shall not be terminated thereby if lessee, �, before the next ensuing rental paying date, commencea 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, thia lease shall not be terminated thereby iE lessee commences additiona.l 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 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 oE oil or gas, ao long thereafter as oil or gas is or can be produced from any we11 on said land. 6. Lessee shall have the free use of oil, gas, wood, coal and water from said land, except water from lessor's wells, for all operationa hereunder, and the royalty on oil and gas shall be in the net quantfty 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 all property and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by lessor, lesaee 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 leasor's consent. Lessor sha11 have the privilege, at the riak and expense of lessor, of making connection and using gas from any gas well on said land for atoves and inside lights 3n the principal dwelling on said land out of any aurplus gas not needed tor operations hereunder. 7. The righta of either party under this lease may be assigned in whole or in part and the provisiona hereof ahall extend to the heirs, peraonal repreaentatives, successors and assigns, but no sale or assignment by lessor shall operate to eniarge the obligations or dimfnish the rights and privileges of lessee. Should lessee asaign this leaae in whole or in part lessor ahall look solely to the assignee for performance of its terms as to the parts so assigned. No sale or assignment by lessor shall be binding on leaaee for any purpose until lessee shall be furnished with an instrument in writing evidencing auch sale or assignment. If lesaee assigna this lease in part, the obligation (ii any exists) to pay rentals ix apportioned as between the several owners ratably according to the surface area of each, and dePault by one of them in the payment of rentals shall not affeot the validity of the lease on the portion of land upon which pro rata rentals ase paid or tendered. 8. This lease shall never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its implied obligations, nor while oil or gas is being produced in paying quantfties for any cause whatsoever, unless there shall first be a final 3udicial ascertainment that such obligation or cause exists and that leasee � ' is in default. Upon auch iinal determination, lessee is hereby glven a reasonable time thereafter to comply with such obligation, or, at lessee's election, to aurrender 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 shall not be liable in damages for breach of any implied obligation. \ 9. IE aia or more persone be or become entitled to royalties hereunder, they shall by sufficient written inativment designate some agent to receive payment !or a11, P� and lesaee shall not be required to make payment until such instrument is furnished. �� 10. When drilling or other operations are delayed or interrupted by lack oE water, labor or material, or by fire, storm, flood, war, rebellion, insurrection, riot, strike, differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a result of some order, requisition or necessity oY the government, or as the result of any cause whatsoever beyond the control 02 the lessee, the time of such delay or interruption shall not be counted against lessee, anything in this leaee to the contrary notwithstanding. 11. Lessor hereby warrants 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 ariy taxes, mortgages or other liens upon said land, and in that event lessee shall be aubrogated to such lien, with full right to enPorce the same, and in addition thereto may N retain for the satiafaction of auch lien and interest all royalties or renta.ls accruing hereunder. If lessor owns an interest in said land less than the entire fee aimple eatate. � then the royalties and rentals 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 shall not be counted against lessee either as affecting the term of the lease or the time for payment of rentals or royalties or for any other purpose, and lessee may auapend all paymente untii there is a final adjudication or other determination of such diapute. IN WITNESS WHER.EOF this instrument is executed on the date first above written. • � Poitei oo MapI.E.L. APPROVED As TO . James T. Aehton (SEAL) 3 7 93 Y � � nAT� Jessie E.Ashton . �sFAT,� DESCHIP'PIO T.F.Fr e eman L�ssoR I � ZS� O CORP EXAS PRODUCTION COMPANY, 0' Attest: 3� �3 � � SEAL A.R.Wilson e J.C.Hudnall � � y Assistant Secretary. Vice Preaident , x.�ss� STATE OF NEBRASKA, ) t as. County of $��1,U � On this �- day of Mar eh , 19 3Q , before me, a Notary Pubiic, in and for said County, personally came the above named James 1'.Ashton and Jessie E.Aehton , his wife, who are personally known to me to be the identical persons whose names are affixed to the above instrument as lessors, and they each acknowledged said instrument to be their voluntary act and deed. Witness my hand and Notarial Seal the date last aforesaid. (SEAL) �'r�ota �u��t ery r3' My commission expires on the �jt}�,, da,y of e�Li�-y , i930 • STATE OF COLOR.ADO, �' � ss. City and County of Denver, On this 2� day of �a.reh , 19 30 , before me, a Notary Public, in and for said County, personally came the above named - 1�.R•��.�.SOIl , Vice President and J.C.HuClTlal�. _ Assistant Secretary of said Texas Production Company, who are personally 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 Seai the date last aforesaid. (s�AL) John T.Ny8'tTOYII Notary�ublic. , M commission expires on the 0 day of 0 e t ob er , 19 � - _—