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- , �� 5 �J�f��',�� ° �� � _ - - --__-- -- - _---- - From 1 ST�1TE OF NEBR 1S�A,1 � } ss. � Hall Count�, � Ne�kie A.Rounds and husband I hereby certify that this instrumer�t uc�s filed for �•ecord in m� office at . 9 dcl,ocic A. �1-, October 15 19 3Q , and is dul f �°ecorded in book l,� page 95 _ � Re�ister of Deeds � To B� I � � Texas I�roduction Coxnpany Deputy. � I+'ees,�2.65 `� Lease No. N-759 Lea e N�.-75q ,�,.ND �AS lOitINIlOTG LE R ntal Boo� � E �2alio�n Boo�k,.H.G 5�12 1930 by F.H.G. � �� An�Agreement, entered into this 2�.} day of F eb• , , 19 3p , between �I�I � Nettie A.Rounds and �.T.Rounds her husband � lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee. v 1. Lessor, in consideration of the sum of Fourt�en Dollars ($ 1E.4..�Q )> in hand paid, of the royaities 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 a.nd gas, 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, treat and transport said products, the following described . land in Ha.11 County, State of Nebraska, to-wit: All the Iand lying north of North Channel of Platte River Section thirty three Township , West and containin 140 acres more or l�ss. Ten North Ran e Eleven g � 2. Subject to the other provisions herein contained, this lease ahall remain in force for a term of ten years from this date (hereinafter calYed "primar'y . term") and as long thereafter as either oil or gas ie 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 royaIties reserved 'by Iessor, and which shali 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 weli� may be connected, or, at the option of the Iessee, 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 merchantabie 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 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 shail be one-eighth of the amount realized from auch 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 lesaor. � 4. If drilling operations are not commenced on said Iand on or befo one ear f rp t is date, this lease shall then terminate as to both parties, unless lessee shall pay nr tender to lessor or to the credit of lessor in �arm�rs ��Ga.�@ }3ank at �ood River ,Nebr. (which bank ie lessor's agent) the $um of ge�e� — — — — — — — — — — — — � — — — — — — '" '— — — Dollars ($ � QQ ) (hereinafter called "rentai"), which shall extend for six months the time within which driiling operations may be commenced. Ther a.�ter, semi-annually, in ` like manner, and upon like payments or tenders, the commenceanent 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 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, ch$nge or division in the ownership of said land, the payments or tenders of rental in the manner herein provided shali be binding on the successora, 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 heid 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 a.nd acknowledged, naming another bank a.s 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 lessee shouid drili a dry hole on c�les thereon, this lease shall not 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 p- ' operations within sixty days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentals before the uext N ensuing rental paying date. If at the expiration of the primary term oil or gas is not being preduced on said land but lessee is then engaged in drilling � operations thereon, the lease shall remain in iorce so long as driliing 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,�md, coal and water from eaid land, except water fx•om 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 ahall 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 lesaor, lesaee will bury all pipe lines below ordinary plow depth, and no well shall be drilled within two hundred Yeet 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 �toves and inaide 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 in part and the provisions hereof shall extend to the heirs, personal representatives, sucCessors and assigns, but no sale or assignment by lessor ahall operate to enlarge the obligations or diminish the rights and privileg¢s of lessee. Should leasee assign this lease in whole or in part lessor shall look solely to the aesignee for performance of its terms ae to the parts ao assigned. No sale or assignment by lessor shall be binding on leasee for any purpose until lessee ahail be furnished with an instruxnent in writing evidencing such sale or assignment. If lessee assigns this lease in part, the obligation (if any 'i exists) to pay rentals is apportioned as between the several owners ratably according to the surface area of each, and dePault by one of them in the paqment o1 rentals ahall not afYect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered. ' 8. This leaee ahail 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 ia being produced in paying qua.ntities for any cause whatsoever, unless there ahall firet be a final judicial ascertainment that such obligation or cause exiats and that lessee I is in default. Upon such final determination, lessee is hereby given a reasonable tfine thereafter to comply with such obligation, or, at leasee's election, to surrender the lease, with the option of reserving, under the terma of this lease, each producing well and ten acres aurrounding it to be aelected by lessee. Lessee sha11 not be liable in damages for breach of any implied obligation. 9. If six or more persons be or become entitled to royalties hereunder, they shall by aufficient written instrument designate some agent to receive payment for all, and lessee ahall not be required to make payment untfl sucii instrument fs furnished. 10. When drillfng or other operations are delayed or interrupted by lack of water, ltzbor or material, or by fire, atorm, flood, war, rebellion, insurrection, riot, atrike, difPerences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a result of some order, requisition or necessity of the governmeat, or as the result of any cause whatsoever beyond the control of e lessee the time of uc�} delay or interruption shall not be counted against leasee, anything in this lease to the contrasy notwithstanding. (� -t�� O n �'q �—� �,��b b� F.�. L. 11. Leasor hereby warrants�nTl�gr e to cTe�ena tne ti le £o said �nd an agrees that lessee, at lessee's option (but without any duty to do so), may pay and discharge axiy taxes, mortgages or other liens 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 may retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. If lessor owns an interest in said 2xnd less than the enLfre fee simple estate, then the royalties and rentals to be paid lessor aha11 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 diapute 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 all payments until there is a final adjudication or other determination oY such diapute. IN WITNESS WHEREOF this instrument is executed on the date first above written. • APPROVED AS TO DE�CR,IPTION & DATA Nettie A.RoundscsE�) T.F.Freeman /24/30 �,T,Rounds �s�'� caRP L�ssoR � Attest: �SEAL� TEXAS PRODUCTION COMPANY, � J. C.Hudnall By A.R.�Yilson �{ ' Assistant Secretary. Vice President I LESSEE � STATE OF NEBRASKA, ss, County of H�,11 On this 21.}. day of �dareh , 19 ?j� , before me, a Notary Public, in and for s�id County, personally came the above named Ne t t i e A.Rounds and L+'.H.Rounds,h er husband ��, 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 Notarial Seal the date last aforesaid. (gEAL) �.B.Persson Notary Pnblic. ` My commission expires on the �rl day of Febr. , 1g 32. STATE OF COLORADO, ss. " City and County of Denver, y � On this 25 day of April , 19 3� , before me, a Notary Public, in and for said County, peraonaliy came the above na,med l�.I�.Wilson , Vice President and eT. �.HL1C1213�.1 Assiatant Secretary of said Tesas Production Company, who are personally known to me to be the identicai persons whose names are affixed to the above instrument as V'ice 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 Seal the date last aforesaid. (SEAL) John T.Nystrom Nota,ry PubHc. My commission expires on the � day of 0 e t ob er , 19 ��j.