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� � �� 7 � �i��;��,�� , STATE OF NEBRASSA,� � F�'om ss. Hall Cou�2ty, Henry Stulken �,rid Wlfe I hereby cer�ify that this instrumer��t u;as filed for record �n. my office . at 9 o'c�oc1� A,�1., October l�j 19 3p , and is dul� recorded in book la page 77 . �i� � � � L�[/�-P�-�. � ' Register of Deeds To B� � Texas Production Company Deputy. � � _ I'ees,� 2.9� Q Lease No.N- g SKA Lease No. N-551 x iration H�� A1�TI� C�AS MII�TING LEA 3�1�'a193S�By J.T.N 3�17 193o By J.3�.N. 1� . An Agreement, entered into this �t'�Yl day of Mar eh , 19 3� , between � Henry Btulken and Nettie Stulken his wife; Doniphan Nebraeka - - �, lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation orga,nized under the laws of Colorado, lessee. 1. Lessor, in consideration of the sum of Forty Dollars (� 40.QQ ), in hand paid, of the royalties herein provided and the agreeme�ts of lessee herein contained, hereby grants, leases and lets exciusively unto lessee, for the purpose of testing Uy any method for formations and prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powers, atationa, telephone lines and other structures (including houses for employees) thereon, to produce, save, take care of, Lreat and transport eaid products, the following described land in H�.1 Z County, State of Nebraska, to-wit: the north west quarter section 12; the east half of the south west quarter and the south wes . quartex of the north r�est quarter section 1; the south half of the south east quarter and th north east quarter of the south east qua.rter section 15, township 9 north range 9 west and � containin; in all 400 acres more or less. r ' 'ons herein contained this lease shall remain in force for a term of ten years from this date (hereinafter called "primary � 2: Subject to the other p ovisi , 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 fn whole or in part. 3. The royalties reaerved by lessor, and which sha11 be paid by lessee, are (a) on oil, one-eighth af 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 in either case to bear ita proportion of any expense of treating unmerchantable oil to render it merchantable as crude, and (U) 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 lessee shaii 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 third part3es when and if � offered for sale or transfer by lessor. � 4. If drilling operations are not commenced on said land on or�efore one y r frqm this date, tkis lease shali then terminate as to both partiea, unless lessee shall pay or tender to�ssor or to the credit �le�s sor in i &211{ of �oniphan _ ! Iiank at DOT1�bDo IIT�N$�1��80�(which bank is . lessor's agent) the sum of �aenty and no� �U — (hereinafter called "rental"), which s all extend for six monthe the time within which drilling operations may be commenced. Thereafter, semi-annually, fn (� like manner, and upon like payments or tenders, the commencement of drilling operations may be further deferred for periods of six months during the \'1 primary term. The payments or tenders of rental may be made by the check or draft of lessee mailed or delivered to sa,id 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 diviaion in the ownership of said land, the payments or tenders of rental in the ma.nner 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 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 auch 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 if lessee, � before the next ensuing rental paying date, commences further drilling operations or commencea or resumes the payment or tender of rentals. If after the . discovery of oil or gas the production thereof ahould cease from any cause, this lease shall not be termina,ted thereby if lessee commences additional 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 t11e 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 iree use of oil, gas, wood, coal and water from said land, except water from lessor'x wells, for ali operations hereunder, and the royalty on oil and gas ahall be in the net quantity after deductfng any so used for operations. Lessee ahall have the right at any time during or after the expiration of this lease to remove all property and fixtures placed by lessee an said land, ineluding the right to draw and remove all casing. When raquired by lessor, lesaee will bury a11 pipe linea below ordinary plow depth, and no well sha11 be drilled w3thin two hundred feet oE any residence or barn now on said land without lessor's consent. Lessor shall have the privilege, at the rislc and expense of lessor, oY making connection and uaing gas from any gas well on said land for stoves and inside lights in the principal dwelling on said land out oY any surpluB gas not needed for operations hereunder, ?. The rights of either party under this lease may be assigned in whole or in part and the provisions hereof shall extend to the heirs,personal repreaentativea, successors and asaigns, but no sale or assignment by leasor shall operate to enlarge the obligations or dfminish the rights and privileges of lessee. Should leasee asaign this lease in whole or in part leseor aha11 look solely to the assignee for performance of its terms as to the parts ao assigned. No sale or asaignment by lessor shall be binding on lessee for any purpose until lessee shall be furniahed with an instrument in writing evidencing such sale or assignment. If lessee assigns this lease in part, the obligation (i1 any exists) to pay rentals is apportioned as between the aeveral owners ratably according to the surface area of each, and default by one of them in the payment of rentals shall not a,ffect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered. 8. This lease sht�ll never be forfeited, cancelled, or terininated for failure by lessee to perform in whole or in part a�ny of its implied obligations, nor while oil or gas is being produced in paying quantities for a.ny cause whatsoever, unless there shall first be a final judicial ascertainrr�ent that such obligation or cause ex3sts and that lesaee is in dePault. Upon such Yinal determination, lessee is hereby given a reasonable time thereafter to comply with such obligation, or, at lessee's election, to surrender the lease, with the option oP reserving, under the terms oi this lease, each producing well t�nd ten acres surrounding it to be aelected by lessee. Lessee ahall not be liable in damages for breach o4 any implied obligation. g, Ig six or more persons be or become entitled to royalties hereunder, they shall by sufficient written instrument designate some agent to receive payment for all, and lessee ahall not be required to uaalce payment until such instrument ie 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, insurrection, riot, atrike, difPerences with workmen, or failure of carriers to transport or furnish facilities for transportataon or as a result of some order, requiaition or neceasity oE the government, or ae the result of any cause whatsoever beyond the control of the leasee, the time oE such delay or interruption shall not be counted against lessee, anything in thia lease 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 ao), may pay and discharge any taxes, mortg�.ges or other liens upon said land, and in that event lessee shali be aubrogated to euch lien, with full right to enforce the same, and in addition thereto may « retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. Yf lessor owns an interest in said land lesa than the entire fee aimple estate, then the royalties and rentals to be paid lesaor ahall be reduced proportionately. Should the right or interest of lessee hereunder be diaputed by lessor, or any other person, the time covered by the pendency of such diapute shall not be counted against lessee either as affecting the term of the lease or the time for payment oi rentals or royaltiea or for any other gurpose, and lessee may suspend all payments until there Ys a final adjudication or other determination of auch diapute. IN WITNESS WHEftEOF this instrument is executed on the date first above written. Posted on Ma� APPROVED AS TO Henry Stulken tsE�.� 3-17-1930 by T.E.L. DE�C�I�TION & DATA Nettie Stulken cs�L� reeman 3��9� � � - LFSSOR Attest: (;0� TEXAS PRODUCTION COMPANY, J.C.Hudnall ��L� By A.R.�tilson _ Assistant ecre a . Vice President r�ss� STATE OF NEBRASKA, ss`�E ' County of Ha.11 � On this �'tY1 day of Mareh , 19 7j0 , before me, a Notary Public, in and for said County, personally came the above named Henry Stulken and Nettie 3tulken , his wife, who are personally known to me to be the identical persons whose names are affixed to the above instrument as lesaors, and they each acknowiedged said instrument to be their voluntary act and deed. Witness my hand and Notarial Seal the date last aforesaid. (SEAL� Be888 L.Gideon � Notary PubHc. My commission expires on the �j day of Df:C• , i9. 3�+ . , STATE OF COLORADO, � ss. City and County of Denver, � , On this 2$t day of �areh , 19 3Q , before me, a Notary Public, in and for said County, personally came the above named ' A.R.��.I.SOTl , Vice President and �J.C.HUCIYla,l�. - 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 tb.e instrument to be their voluntary act and deed and the voiuntary act and deed of said corporation. Witness my hand and Notarial Seal the date last aforesaid. r(gEAL) Jo�or�a�T�N�r�trom I My commission expires on the �}0 day of October , 19 I