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-y�- � � , , , �� 9�� 0� �� � STf1TE OP NEBRASIZ�,� �I From 1�all County, ss. Ed. HeV►it�, S1.rig1B I hereb� certify that this instrumer�t 2cas filed for record in my offiee at 8:�0 o'cl,ocic A b1., January 21, 1s 39 , and is i book a e 10 dul� recorded n Q� p g 9 J � ��4=�1�G Register of D� ' To B� Texas I�roduetion Company Deputy. OF NEBRASKA. I'ees,� 2.70 � �IIa. �/'�'90 � u .x. THE TEXAS CO�dPANY OIL AND INING LE.ASE h �„y,,,� ��'°�e� � An Agreement, entered into tkus 17 day of September , 193$� , between Ed. Hewitt, V�ood Rlver, Nebrask� lessor (whether one or more), and TEXAS PRODUCTION COMPANY�cor�tion organized under the laws of��essee. 1. Lessor, in consideration of the sum ofEight & no/100 Dollars (�.�� ), in hand paid, of the royalties 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 formations and prospecting and drilling for and producing oil and 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 $8�.1. County, State of Nebraska, to-wit: N�SE� 8ec. 33, T14N, RI21�, �0 aeres, more or leas. I 2. Subject to the other provisions herein contained, this lease shall remain in force for a term of ten years from this date (hereinafter called "primary term") and as long thereafter ae either oil or gas is or can be produced from any well on said la.nd; however, lessee at any time may release this lease in whole or in part. 3. The royalties reserved by lessor, and which shall be paid by lessee, are (a) on oil, one-eighth of that produced and saved from said land, the same to be delivered at the vvells or to the credit of les�or in the pipe line to which the wells may be connected, or, at the option of the lessee, from time to time, the market price at the wells of such one-eighth on the day it is run to the pipe line or storage tanks, lessor's interest in either case to bear its proportion of any expense of treating unmercha.ntabie oil to render it merchantable as crude, and (b) on gas produced from said land and sold or used off the la.nd or in the manufacture of gasoline, including casinghead gas, the market price at the well of one-eighth of the gas so sold or used, provided that if and when lessee shall sell gas at the wells lessor'a royalty thereon shall be one-eighth of the amount realized from such sales. Zessee is hereby given the option of purchasing all or any part of said royalty rights from the lessor at the best bona fide price offered by responsible third parties when and if offered for sale or transfer by lessor. 4. If driiling operations are not commenced on said land on or before one year from this date, this lease sY�,all t]�en ter ate as o both parties, unless lessee shall pay or tender to lessor or to the e i of lessor in Sank att'f&P1K Of�OOC� � VeX'which bank is lessor's agent) the sum of Four � 110�1.�� — — — — — — — — — — — — — — � — — — — Dollara ($ �}��0 ) (hereinafter called "rental"), which shall extend for six months the time within which driliing 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 primaxy term. The payments or tenders of rental may be made by the check or draft of leasee mailed or delivered to said bank on or before auch date of payment. Driiling operations hereunder shall be deemed to be commenced when the first material is pTaced on the ground. Notwithstanding any devolu- tion, change or diviaion in the ownership of said land, the payments or tendera of rental in the manner herein provided ahali 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 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 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 lessee should drili 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 commences or reaumes the payment or tender of rentals. If after the discovery of oil or gas the production thereof shouid cease from any cause, this lease ahall not be terminated thereby if leasee 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 aext ensuing rental paying date. If at the expiration of tue primary term oil or gas is not being produced on said land but lessee is then engaged fn drilling operations thereon, the lease shall remain in force sa 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 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 sha11 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 all property and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by lessor, lessee 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 lessor's consent. Lessor shall have the prfvilege, ' at the risk and expense of lessor, of malcing connection and using gas Yrom any gas well on said land for stoves and inside lights in the principal dwelling on said land out of any aurplus gas not needed for operations hereunder. 7. The rights of either party under this lease may be asaigned in whole or in part and the provisions hereof shali eatend to the heirs, personal representatives, successors � and assigns, but no sale or assignment by leseor shall operate to enlarge the obligations or diminish the rights and privileges of_lessee. Should lessee asaign this lease in whole or in part lessor ahall look solely to the aasignee for performance of its terms as to the parts so assigned. No sale or assigninent by lesaor aha11 be binding on lessee for any purpose until lessee ahall be furnished with an instrument in writing evidencing such sale or assignment. If lessee asaigns this lease in part, the obligation (if any exista) to pay rentals is apportioned as between the several owners ratably according to the surface area of each, and default by one of them in the payment oY rentals ahall not affect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered. 8. This lease shail 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, unless there shall first be a final judicial ascertainrnent that such obligation or cause exists and that lesaee is in default. Upon auch final determination, lessee is hereby given a reasonable time therea.fter to comply with such obligation, or, at lessee's electfon, to aurrender the lease, with the option of reserving, under the terms oE this lease, each producing weli and, ten acres, auarounding it.to pe select�d..by lesaQe. Lessee ahall not be liable in dama$;es€�' ba"�h of a7n.� implied obliK�tion.,. . - . ,., . , 9. � si�t 0r more persons be or become eniitled to royaltiea hereunder, they ehall by 5ufficient written instrument designate some agent to receive payment for all, and le se�e h 1 e. e uire t ake a me ntil suc nstr t is furni ed. y !�-��,��%�.�.e.�u�gr ��c�i -�:�i.,o��. s��a�clo��s��}tu s��as�-w,.v�q�%�s fa�o>y/,�ymaV c.��/.et�viYlsT/e1e�r�s of7Y//S�IVSP a/'PI�t°�c�G s�Vii�'ed. �10. Wh�n dri�i�g or o��ier opera��ne are efayed or nter pt �y�fac o water, labor or material, 6r bst fire, storm, flood, war, rebellion, insurrection, riot, strike, diEferences with workmen, or failure of carriers to transport or furnish fo.cilities for transportation or as a result of aome order, requisition or necessity oi the government, or as the result of any cause whatsoever beyond the control of the lessee, the time oE such delay or interruption shall not be counted against lesaee, anything in this lease to the contrary notwithstanding. 11. Lessor hereby warrants and agrees to defend the titie to said land and agrees that lessee, at les5ee's option (but without any duty to do so), may pay and discharge axiy taxea, mortgages or other liens upon saad 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 auch lien and interest all royalties or rentals accruing hereunder. If lessor owns an interest in said land lese than the entire fee aimpie estate, then the Toyalties and rentals to be paid leesor aha11 be reduced proportionately. Should the rfight or interest of lessee hereunder be dfsputed by lessor, or any other peraon, the time covered by tha gendency oY auch dispute ahall not be counted against lessee either as affecting the term of the lease or the tfine for payment of rentale or ' royalties or for any other purpoae, and lesaee may suspend all payments until there is a final adjudication or other determination of auch dispute. IN WITNESS WHEREOF this instrument is executed on the date first above written. `� ' • ' �Vi�n�s�uxtable ��PROVED AS TO DESCRIPTION Ed Her�itt �s�� I S & DATA F.h!�owE�l ) csEaL� D.D.OKane ��ssoR Attest: t CORP� TEXt�S PRODUCTION COMPANY, OF NE$RA.Sf(!� J .C.Hudnall tSEAL �y H.A.Stewart I Assistant Secretary. Vice President r�sa� STATE OF NEBRASKA, 1 � ss. County of H�1. Qn this 3.7 day of septsember , i93� , before me, a Notary Public, in and for said County,personally came the above named Ed He�ritt, single aad , tiis'wil�who are personally known to me to be the identical persons whose names are affixed to the above instrument �,s lessors, and they each acknowledged said instrumeut to be their voluntary act and deed. Witness my hand and Notarial Seal the date last aforesaid. �$EAL� D•D•OK�� Notary Public. My commission expires oathcr �apat J�n. 2� , lg �'�'2 . STATE OF GOLORADO, ss. City and County of Denver, On this l� day of J�1. , is 39 , before me, a Notary Public, in and for said County, personally came the above named Meb�aska H.,q.STEWART , Vice President and �C./�UQ'��'c�'II Assistant Secretary oP said Texas Production Company>iwho are personaliy known to me to be the identical persons whose names are affised to the above instrument as Vice President and Assista,nt Secretary of said corporation, and they acknowledged the instrument to be their volunta.ry act and deed and the voluntary act and deed of said corporation. v�litness my hanfl and lvotarial Seal tlie date last aforesaid. (SEAL� J Ot121 T.�y$tPOQi _ Notarp Public. '� My commiasion expires on the 2� da of �C�. 19 41 .