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_�- � . �� 9� �5 ��'�'��1� ��'C�'�� -- -, - - - ----- - - -- -- - - STf1�E Ob' Z!%EBR�SIfA, � From Hall County, � ss. Adam Stoeger and wife � � I laereb� �erti f y that this instrumer�t �.cas f iled f or record in m f o f f ice , at 9 o'cl.oc7c A,l�i., October 1,5� 1930 , and is � � dul� 7•ecorded in boolc f� page 85 ��i�� ,u�`y� Register of Deeds To B� u Texas Production Co�npany Deputy. � I+'ees,�2.65 � �ea e Na:� �ok ease o. - ratlon � �.N1� G.�.S 1�I1�TING LEASE 3�2paiR3o°by J. .�.� �� 1930 By J.T.i�. . . An Agreement, entered into this 2], day of February , 19 3� , between Adam Stoeger and 9ar�,Y� Stoeger, h r's w;fe, � � lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee. 1. Lessor, in consideration of the �u� ofThirty.T�o Dollars ($ 32.�0 ), in hand paid, of the�yalties herein provided and the agreements of lessee herein contained, hereby grants, leasea and lets exclusively unto lessee, for the purpose of testing by an method for formations and prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powera, stations, telephone lines and other structures (including houses for employees) thereon, to produce, save, take care oY, treat and transport eaid products, the following described land in Hc'11.�.. County, State of Nebraska, to-wit: East Half of Section Twenty Two Township Twelve North Range Twelve West con�aining 320 acres 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 "primary term") and as long thereafter as either oil or gas is or can be produced from any well on said la.nd; however, lessee at any time may rele�se 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 lesaor in the pipe line to which the wells may be cannected, or, at the option of the lessee, from time to time, the market price a,t the wells of such one-eighth on the day it is rrun to the pipe line or storage tanks, 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 la.nd 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 shail sell gas at the wells lessor's roya,lty 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 responeible 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 year from this date, this lease shall then termina.te as to both parties, unleas ;� lessee shall pay or tender to lessor or to the credit of lessor in ug��,te Bank �t�f F'�,Ve71Ila.�t�M'�`��Ke6r. (arhich bank is leasor's agent) the sum of Sixteen ! — — — — — — " — — — " � '— � � — — " — — " " Dollara ($ �.�.0� ) (hereinafter cailed "rentai"), 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 operaL-iona 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 said bank on or before such date of payment. Drilling operations hereunder shail be deemed to be commenced when the first material is piaced on the ground. Notwithstanding any devolu- tion, change or division in the ownership of said land, the payments or tenders of rental in the �sianner herein provided ahall be binding on the successors, assigns or legal representatives of lessor. If such bank (or any successor bank) shouid 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, na�ming another bank as a�ent 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 s�,id land lessee sl�ouid 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 resumes the payment or tender of rentals. If after the discovery of oil or gas the production thereof ahould cease from any cause, thi� lease shall not be terminated 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 the primary ternl oii or gas is nat being produced on said land but lessee is then engaged in drilling � operations thereon, the lease shall remain in force so long as drilli�g 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 of oil, gas, �vood, coal and water from said land, except water from lessor's wells, for all 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 anq time during or after the expiration of this lease to remove all proporty and fixtures placed by lessee on said land, including the right to draw and remove a11 casing. When required by lessor, leasee will bury all pipe lines below ordinary plow depth, and r.o well shall be drilled within two hundred feet of any residence or barn now on said land without lessor's consent. Lessor shall have the privilege, at the risk and expense of 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 of any surplus gas not needed for operations hereunder. 7, The rights of either party under this lease may be assigned in whole or fn part and the provisions hereof shall extend to the heirs, personal representativea, successors and S581gri8, but no sale or assignment by lesaor sha11 operate to enlarge the obligations or diminiah the rights and privileges of lessee. Should lessee assign this lease in whole or in part lessor shall look solely to the assignee for perPormance of its terms as to the parts so assigned. No sale or assigninent by lessor shali be binding on lesaee for any purpose until lessee shall be furnished with an instrument in writing evidencing such sale or assignment. If lessee assigns thls lease in part, the obligation (if any exists) to pay rentals is apportioned as between the sevesal owners ratably according to the surface area of each, and default by one of them in the payment of rentals shail not affect the validity of the lease on the portion of land upon which pro rata rentals are 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 it� implied obligations, nor while oil or gas is being produced in paying quantities for any cause whatsoever, unless there shall first be a final judicial ascertainxrxent that such obligation or cause exists and that lessee is in default. Upon such final 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 of resex•ving, under the terms oE this lease, each producing well and ten acres surrounding it to be selected by lessee. Lessee shall not be liable in damagea for breach of any implied obligation. 9. Tf six or more pereons be or become entitled to royalties hereunder, they shall by sufficient written instrument designate some 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, tlood, war, rebellion, insurrection, riot, atrike, diYferences with workmen, or Yailure of carriers to transport or furnish facilities for traneportation or as a result of some order, requisition or necessity of the government, or as the result of any cause whateoever beyond the control of the lessee, the time of such delay or interruption shall not be counted against leasee, anything in thia lease to the contrary notwithsLanding. 11. Lessor hereby warrants and agrees to defend the title to eaid land and agrees that lessee, at lessee's option (Uut 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 auch 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. IP lessor owne an interest in said land less than the entire fee aimple eatate, then the royalties and rentals to be paid lessor shn,ll be reduced proportionately. Should the right or intereat oi leasee hereunder be diaputed by lessor, or any other peraon, the time covered by the pendency of such diepute 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 suspend ail payments until there is a final adjudication or other determination of such dispute. IN WITNESS WHEREOF this instrument is executed on the date first above written. • Posted on Map - APPF�OVED AS TO DESCRIPTIOAT � DATA Adam Stoeger es�L� � 20 1 0 b I.E.L. T.F.Freeman �+/22/30 ar Stoe er es�L� 3/ 93 y - s ah g L�ssoR . Attest: CORP TEXAS PRODUCTION CQMPANY, J.C.Hudnal . �s�L� By A.R.Wil�on �sistant Secretary. Vice Preaident LESSEE STATE OF NEBRASKA, � County of Buf f alo ss. On this 2�} day of �Y4,� , 1s 30 , before me, a Notary Public, in and for said County, personally came the above named AC�.a,t21 Stoe�er �,na Sarah Stoeger _ , his wife, who are personally known to me to.be the identical peraons whase 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. A.�.Sko ehd��o 1 e . �$�'�jj�� No ry Public. 1Viy commission expires on the 28� day of June , 19�j2 - STATE OF COLORADO, , City and County of Denver, � ss. On this 25 day of April > 19 ?j0, before me, a Notary Public, in and for said County, personally came the above named ' A.R.'�(�' 1gOn , Vice President and �J. ,{�i.HudIIa.11 - Assistant Secretary oP 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 acknowiedged 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. r � JOhn-o�'a��'�p� �SEAL -iv � My commiasion ex ires on the 0 da of 19