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��', �� 3 �._5!��.._�il�� '��`+J��r� �J�/�'�� � 7 ... ._ . . __-__- 1 ST�TE OF NEBRf1 S�A,� Fram A ss. � Hall Count�, • � Frederick Stolley & wife I he��eby cert�ify tliat tlz-is inst7•umer��t was filed for record in m� office . at q;QQ n'cT,oc7c A, lYi., OC t ob er 15 19 �Q , and is duly �•ecorded in book (� page 93 �--� (`J��ister o Deeds a � To �J Texas Production Company Deputy. _ ' � I'ees,� 2.6�j � u L�ase No: N-�600 ��,1iJ (~.7�� I�(ji ��1�. ease o. — � E i ation Bo Qk R ntal Bbok D - 3��1�1930 by J.T.1V. , 3�29 1930 ByJ.T.N. An Agreement, entered into this l�j day of Mareh , 19 3Q , between �'rederick 5to�.�ey � and Anna 8tolley his wife; (�rand Island Nebraeka. - - - � 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 Tv�enty seven Dollars (�y 2��QQ ), in hand paid, of �he royalties herein provided and the agreements of lessee ]aerein contained, hereby grants, leases and lets exclusively unto les ee, for the purpose of testing by any method for formations and prospecting and drilling for and producing oil and ga.s, laying pipe lines, building tanks, storing oil and building powers, stations, telephone lines and other structures (including houses for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following described land in Hal�- County, State of Nebraska, to-wit: Is2a.nd lots �-,5,6,7,�,and the south half of the south west quarter and the north w�st quarter of the south east quarter of section 15, to�rnsh.ip 10 north range 9 west and containing in all 270 acres more or less. 2. Subject to Lhe other provisions 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 royaltiea reserved by lessor, �.nd 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 is run to the pipe line or storage tanka, lessor's intereat 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 of gasoline, including casinghead ga�s, the market price at the we?1 of one-eighth of the gas so sold or used, provided that if and when lesaee shail 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 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 shail thexi t minate as�e�o$� a,rties, unless lessee shall pay or tender to lessor or to the credit of essor in First Na�iona3 B�k atiGrand �sland i� bank is lessor's agent) the sum of Thirteen and 50t100 — — — — — — — — — '— � " � — — ' Dollara ($ ��.�j� ) (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. There ter, 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 said bank on or before auch date 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 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, lesaee shall 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 auch payments or tenders. The down cash payment is consideration for this lease r 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 shouid drill a dry hole or holes thereon,this lease shall nat be terminated thereby if lessee, � 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 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 af 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 uo long as driliing operations are prosecuted, and, if they result in the production of oil or gas, so long thereafter as oil or gas ie or can be produced from any well 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 operations hereunder, and the royalty on oil and gas shall 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 � ali property and fixtures placed by lessee on said land, including the right to draw and remove ail casing. When required by leasor, lessee will bury all pipe lines beloW ordinary plow depth, and xio well shall be drilled within two hundred feet of any residence or barn now on safd land without lessor's consent. Lessor shall have the privilege, at the risk and expense of lessor, of making connection and uaing gas from any gas well on said land for �toves and inside lighta 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 in part and the provisions hereof shail extend to the heirs, personal repreeentatives, auccessora and aseigns, but no sale or assignment by lessor shall operate to enlarge the obli�ations or diminish the rights and privileges of lessee. Should lessee assign this lease in whole or in part lessor shall look solely to the assignee for performance of ite terxns as to the parts so assigned. No sale or assigmnent by lessor sha11 be binding on lesaee for any purpose until lessee shall be furnished with an instrument in writing evidencing such sale or assignxnent. If lessee assigns thi� lease in p2rt, the obligation (i1 any existe) to pay rentais is apportioned as between the severa.l owners ratably according to the surface nrea of each, and default by one of them in the payment oE rentals shall not affect the validity of the lease on the portion of land upon which pro x�ata rentale 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 its implied obligations, nor while oil or gas is being produced in paying quantities for any cause whatsoever, uniess there shall first be a final judicial ascertainrnent that auch obligation or cause exists and that lesaee is in default. Upon such 2ina1 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 reserving, under the terms of this lease, each producing well and ten acres surrounding it to be selected by lessee. Lessee ahall not be liable in damages for breach of any implied obligation. g, IP six or more persons be or become entitled to royalties hereunder, they aha11 by sufficient written instrument designate aome agent to receive payment Yor all, and lessee ahall not be required to make payment until such inetrument is furnished. 10. When drilling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, storm, flood, war, rebeilion, insurrection, riot, atrike, difPerences with workmen, or failure of carriera to transport or furnish facilities for transportation or as a result of aome order, requisition or necessity of the government, or as the result of any cause whatsoever beyond the control of the lessee the time of e ch dela or interruption shall not be counted against lessee, anything in this lease to the contrary notwithstanding. �f�$�� Y1 �� '7,_2 SE�.i��Q_B� �'.�. �j. 11. Leseor hereby warrants and agrees o e end t e le�{o saiil lan nd agr es that lessee, at lessee's option (but without any duty to do so), may pay and discharge ariy taxes, mortgages or other liena upon said land, and in that event lessee shall be subrogated to such lien, with full right to enforce the same, and in addition thereto maq retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. If lessor owns an interest in said land less than the entire fee aimpie estate, then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or intereat of lessee hereunder be disputed by leasor, or any other person, the time covered by the pendency of auch dispute shall not be counted against lessee either as affecting the term of the lease or the time for payment oE rentals or royalties or for any other purpose, and lessee may suspend all payments until there is a final ad]udication or other determination of such dispute. IN WITNESS WHEftEOF this instrument is executed on the date first above written. APPI�OVED AS TO DESCRIPTION & D.ATA Frederick Stolle,y cs�L� T.F.Freema,n �+/22/30 csEaz.� I Anna Stolley LICSSOR �� TEXAS PRODUCTION COMPANY, .�ttest: J. C.Hud11a,11 (�EAL 3 By A,R.�ilson - Assistant Secretary. Vice President r�ss�: STATE OF NEBRASKA, ` ss. County of Hall � On this l�j clay of �r1T C�1 , 19 3� , before me, a Notary Public, in and for said County, personally came the above named Frederiek Stolley and Anna Stolley , his wife, who are personally known to me to be the identical persons whose names are affixed to the above instrument as lessors, and th ey each acknowledged said instrument to be their voluntary act and deed. Witness my hand and Notariai Seal the edate last atoresaid. t SEAL� B��s e 1�To�ary Pub7ic. My commission expires on the 3 �day of DeC. , 1s3�- . STATE OF COLORADO, ) ` ss. City and County of Denver, , On this 25 day of �lpr i 1 , 19 30 , before me, a Notary Public, in and for said County, peraonally came the above named �1.R.S�i lson , Vice President and J.Ci.H11C�11a,�.�. Assistant Secretary of said Texas Production Company, who �I are personally known to me to be the identical persons whose names ar2 affixed to the above instrument as Vice President and Assistant Seeretary 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 Seal the date last aforesaid. /S�AL John T N gtr0221 l � No�ax�Public. M commission ex ires onthe 3� day of Oetober , 19 33 .