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PRODUCERS as <br />40.640- <br />AM 3•50 <br />OIL AND GAS LEASE <br />N-1138 . 317 <br />! M"sAslkuiEPRimTWw_ <br />117 <br />.......... <br />AGREEMENT Made ono entered into the.....' ........ day of ----- ....... . ........ ... . ...... . ......... .... ... 7 .... ...... ................ ­­­ 1e..._........_. <br />byand between.. ............... Bert ... Be-MW... 4nd..Elsie.. Nlllmy... ...... . ................................. .. ......... ........ I.... ....... .... ................ ............... ................ .. .... <br />..... .................. ............... ............. ............ ............ ... --------------- --- ............. . ... ...... ........... ................. ................ <br />se'mailing address ...... . ... ..... ........... ........ ....... hereinafter called <br />Fred <br />ss�r�rljiobcf one or more),'and.,.1,.­... ................ ................... ... ........... I .............. ... ..... ............... ------ <br />. .Tula . . .. ...... s 'Oklahma <br />......... ................ ­­� . ..... . .... ..... ...... . ........ . ...- -- - ----- .... .. ............. . . ........... ............... ....... ... hereinafter called Lessee; <br />V <br />I. NVIT.NE.S$kTIf; That the said lessor, for an in consideration of Six-tY Four.,.and <br />.......... .... 6011ars, <br />cash in hand paid, which IS hereby ackii dg4 and of the covenants 'and agreements hereinafter contained on part -of lessee to be paid, kept and performed, <br />,f receipt of 'h , . QwIV <br />hat granted, demised. leased and let and by these presents does grant, demise, lease and let unto the said lessee for the sole' and only purpose of exploring by geophysical <br />and• 'o_tht'-r methods-, mining and operating for oil and gas, •and of laying of pipe lines, and of building tanks, power stations and s"ct , qres thereon to produce, save and take <br />cpiq of' said 'products."alt that certain tract of Ia;d situated in the County of Hall -- --------------_ -__ I. of MtTa.$k <br />_­­­ ­­ * ............. State ... ......... ...... <br />djesqribed'as follows. tq-,toi __5e0-ti0n-_1J,., , . I . '' <br />04 ---- - ------------- -- ----- ---------------------- ---------------...... ........_..........r........... ................... *­­' <br />N31 Section -l0- <br />= _1 I <br />.. .. ... .... ............... ............. ....... .... ................................................ ; .......... I ............. . ....... ....... . ...... ........... .................. <br />. ... . ......... .............. ­ -­ ------- ---------------- ......................... ............. ....... ........ . ...................... ............ <br />Seetioa.,23*_ ............ <br />........... --------- I .... <br />- -_-------_----_- - _9AM Seetioa.-26," ......... . .. ............. . ... --------- ---------- - ------- .......... .... ..................... ­ <br />..... ........ Township Range ........ And containing ....... . ....... _640� ----------_---------- _­ ............. ....... ..... acres. more or less <br />L agreel that "this lease shall ferna" ' in force for a I term of ......... 1Q.. ! - <br />In ..years fro�ii this date. ind 'as loin$ thereafter AS oil or gas or either of them is produced from <br />said land, or loin lands with which said land is pooled therewitk by lessm A <br />consideration of the premises the said lesye covenants and Agrees; <br />To dcliNer to the credit of lessor, free of cost in the pipe HAS to which lessee may connect his wfjls, the equal one-eighth part of all oil produced and saved from the <br />leased <br />premises, or 4t t,�e lessee's opiiq^ may pay to the lessor for suck one-eighth royalty, tho market 'price for oil of like grade and gravity prevailing on the day such oil <br />js roil into e pipe line or into storagl tanks. <br />To pay IvssW'for gas of wlijtsk er naturi'or kind produced and sold, or used off the premisei..'ar used in the manufacture of any products therefrom, one-eighth, <br />at the market price at the well for thai gas sold. used off the premises, or in the manufacture 9f products; therefrom.. - <br />,t; (c) If a gas will capable of Quclng ins only and located on the above described lands or on lands with which the libovii described lands or a portion thereof are <br />pooled or unitized is, At any time, Et In and nb %-I thley�frorn is sold or used off of the abov0 described lands. or in the manufacture of natural gasoline or other products, <br />pcl� t provisions of this lepe. be debmed to be'sfwell on the abo�q described lands producing gas I <br />I'A�tthclvss simls shut�id gas well shalL under all t ' a paying quantities and this <br />shall continue in force during all the time or times while such Well is so shut in, whether before or after the expiration of the primary term Lessee shall use reasonable <br />diligenee to market the gas capable of bFing produced from any such shut-iii gr. well, but shall be' under po obli&tion to market SuFlt.gas under terms, conditions or circum- <br />stap f; which; Lwssccrs judgment, F#ej�cibed in good faith, are not for the e49 interests DI both Lessor and Fsee. <br />I I � ., . ' ­ 1., .1 il I <br />The term ;'slated date" as used in Ihit'paingraph shall mean any rental paying date of this lease or any subsequent anniversary thereof if there be a rental paying date, <br />but, d 11 6 ten tat pa, ing date is specified in this lease, then "stated date" shall mean any anniversary date of this lease. If on any such stated date there be on the above de- <br />scri d lands or.on lands With which the" above described lands or portion thereof pro pooled or unitIzA one or more such gas wells capable of producing gas only, and no <br />gas its been sold or so used from any of such gas wells at any time during the twelve months Wed ending, with su,�J stated ft. Lessee shall, before the expiration of <br />hixt days after such stated date., pay or ten -der to each owner of the right to receive royalty on the gas produce from an part of the above described lands coi�ered <br />y this 6121le on stich sided date at each such ow6er"a address as last known to Lessee, or to the credil of Back such owner in the -depository bank named herein, in the man- <br />ner rovided herein for payment of delay rentabi, a shut-in gas royalty for,stich period, which shut-in gas royalty shall be determined as follows; <br />a tota -aniount of shut-in gas royalty payable to all such owners shall bei'determined by multiplying One Dollar ($1,00) by the total number of acres of land covered <br />fie .'Ztid -ase on so�h stati,4 dates ai,cl';-avh such owner shall receive that _part thereof which is in the proportion that his royalty acreage interest in said land bears to the <br />total number of acres 'of land covered by such lease on such stated date; Provided, however, that it on such stated date this )cal" is being maintained in force and effect <br />other 4 than by reason of an such shut-in gas well or shut-in gas wells. Lessee shall not he obliged to pay or I lender any such sum of money as shut-in gas royalty. <br />TUtanguinge, "a gas wVIt capille of producing gAs only as used in this Section 3(c) shall mean and include a, well capa of producing natural Sat I only or a well <br />capable of groducinK natural pl and/or condensate, or distillate, of a well classified as a gas well by any;goyeromvntal We c <br />taut 001 Ar any well in which the gas-oil ratio <br />is so high that a. zoverninctita qjit�ority will, not pe7it liquid hydrocarbons to be produced therefrom pnles� the gas is in rkefed <br />i being produced o <br />4. If xratiiips for the drilling Of's, well rot oil or gas are not commenced or, if there is no oil or gai A said land or on Acreage pooled therewith as <br />hereinafter provided on or before one year from the date hereof. this lease shall terminate as to both parties, unless the lessee on or before that 4ate shall pay or tender <br />to the lessor or �t� the lessor"S credit' in the __-Sta-te ------ -%& --- of.-Gairo --_-------------- — Bank at . . ...... .... <br />or ts successors, . which shall continue as tbti,d ' deposit fur rental regardless of changes in the ownership of said land,, the sum of ........... .... __ ............. ... ............ <br />....... --------- ­­ ----- -------- . ........ ............. ­­ ....... .... - — --------­---- .. ... .. ... .... DOLLARS <br />_-_-Ow Hundr-ed.,SJxtV___arA_A0/iW__ .7 <br />operate *as a rental and, cover the privilege of deferring the a commence me n t of operations fo;'drillinx'of • well for twehe <br />------------ ) which shall oper. <br />nionths road said data lo, like manner And upon like payments or tenders the commencement of operations for drilling of a well may be further deferred for like periods <br />of the same number of mu"thi succ•ssl%cly.4 All payrilents, or' lenders may be made by check or draft of lessee or any assignee thereof mailed or delivered on or before the first recited herein. the flown pim6nt, covers not ,only the privilege granted to the date when said <br />d as aforesaid., an any and all oter rights conferred. Should the depository bank <br />period in any National bank located in the same county with the first named bank, due <br />ee 4 nding that payable 0 a it 'on, <br />rer"als <br />u dc,"';' nd n c r' <br />but A" It"' n ht ex <br />A r deposit <br />s ec, lessee may <br />or I si. <br />deposit ed t le ... A. 1�_ k dd <br />without _at <br />receive delay U and royalties (including shut-in gas royalties), it is agreed that the termination of a life estate, <br />he U shall come into possession or use of an interest in 'said land shall, subject to all the provisions' of this <br />p ei� d d ilia h 1� whereby ssor 11� -.1 <br />ay i an right <br />irr' aft <br />1' other ece co, <br />Ic niiii-1.1 interest or pr d estate w 'r <br />I_ <br />f. se� . be",., etre. from and if" , t do" when such Less., shall love furnished satisfactory evidence to Lessee showing the termination of such life estate, term <br />mineral I d t u, for .11 ,he pitnipse <br />c, precedent r. estate, b this lease shall -1b all cover such interest as and when the Lessor shall so come into the possession or use of it. <br />6. LesSCP, *-Vt its "Pthm, is hereby , the riot and power to pool or combine the land covered by this lease, or any portion thereof, or formations the4under, as to oil <br />and ka%. err ieithvt bf th6v%, either tvreeni At after 'production, with any other Inn(L least or Ic4scs when in Lessee's judgment it is necessary or advisable to do so in order to <br />Properly develop or, operate said premixes, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases, such pooling to be into <br />a well unit or cits' not exceeding forty. (40) acres• plus an acreage tolerance of per cent (10%) of forty (40) acres, for oil, and not exceeding six hundred and forty <br />,640 aFreq, p us an acreage tolerance of ten per cent (10%) of six hundred and forty (640) acres, for gas, except that larger units may be created to conform to any <br />.pacrnR.,or well unit pattern that may he prescribed by kovernmental authorities having jurisdiction. The pooling in one or more Instances shall not exhaust the rights of <br />the .Lvsse# h -upder to pool " It"itse, or portions tberegf, or formations thereunder, itill other units, Lessee shall execute fit writing and place of record an instrument <br />, 'ristrunien 'identifying and descrihoir the pooled acreage. Production; drilling Iling Or reworking operations anywhere It which )r I rt I on a uni includes'all or a part of this lease shall <br />be treated as if it were prodiictioK. drilling pr reworking operations under Tis lease. rn lieu of the royalties (excepting shut-in gas royalties) elsewhere herein specified, <br />Lessor shall receive from ■ unit 'so formed only such portioh of the royalty stipulated herein as the amount of his acreage placed in the unit at his royalty interest therein <br />bcAiOb the toted a 50, Pooled in I the particular unit involved. In the absence of productiois Lessee may terminate Any unitized area by filing of record notice of <br />turniinatiiio imli.4 3;,14n`Atu�-nt or , instruments identifying and describing the unRized area contain provisions For termination upon certain contingencies. <br />7. If <br />to disco4ry of oil or gas on said labd, or on acreage pooled therewith., lessee should drill a dry hole or holes thereon, or if after discovery of oil or gas produc- <br />tion t '._xeah4 should cx-asv for any'cause, this lease shall not terminate if lessee commences additional drilling or rewRrkmI.Verations within sixty (60) days thereafter. <br />,,r Of if, e ?i0ip t)iX primary le )-commences or resumes the payment or tender of rental on or %�ie fharentai-p ate pext ensuing after the expiration of three <br />.7 (3) rf�o�ths' ;prom tL 4ate of cobipStion of a dry hole or cessatibn of production. If at the cipiratiob the primary termi,od or g not being produced on said land, or <br />ewon acreage`p�,Q&jl thiri�wjth, hot lessee is then engaged in drilling or reworking operations thereon• this least shall r' f a long AS operations are prosecuted• <br />. her. '00 1b well oi� 4ny"other well thereafter corpmenced, with no cessation of more than sixty (60)_ consecutiT"AZ And ,if [ley result in the production of oil <br />,it <br />or' ,gaq., is IL?;" If ;rrli(ill in-effi-ci so long thereafter As such production - continues.. <br />than_ <br />sixty <br />If sa`3 I ­ :bVtrvsf In the above -descnVd land than the entire and undivided fee simple, estatr therein,'then the royalties and hercin provided shall <br />he paid, k1A, I -, 11 not. divh his interest bears to the whole and undivided fee. Any interest In the production frqn� the lands crem described to which the <br />, . �si rw,, - sub <br />inter "t IrV P!,I�po,fi deaucted from the royaltyberel reserved. <br />ect Rib e <br />a of cost, gas ereon, except, water from the wells of lessor. <br />f,�gh f; use. fre .,oil and water produced on said land for lessee's operation th <br />en rcq,lTs leissqrji ssee shall bury lessee "s pipe lines *below* pfaw depth. <br />0' <br />N4 '%�A shall 6'4rioed nearvi than 200 feet to the he�us!e_oir barn now on said 'premises without written consent of lessor. <br />-ssiT shall pay use ,by lessee's, operations to growing; <br />crops on said land. <br />sbeie shall have the! .right n% time to remove all' machinery and fixtures pllkc�ed on said premises, including the right to draw and remove casing, <br />10 r eltalli A cifbci party 'ercto, is assigned—and thk privilege of assigning in whole or in part is expressly allowed—the covenants hereof shall extend to their heirs. <br />,-Xelators, admi., strat ant successors or assigni, but no cluinge in the ownership of tl�r land. or assignments of rental or royalties shall be binding on the lessee until after <br />c famished he cist4 has barn with* certified co �ies of muniments of title deraiimint title- from lessor; and it is hereby agreed that in the event this lease, %h.kil he Assigned <br />is to a rt oil As to' arts the ah04 desert ed lands And the assignee or assignees of such part or parts shall fan or make default in the payment of the proportionate <br />)art c4 t1%o rents due From him or theryt, such shah n opera4 IS defeat gr Affect 1h least in so far as It rs apart or parts 4 said lands upim which the said <br />ess", or any assignee thereof shall make due pay-irie4 of said rental" In coisit lessee assigni IN lefilej in whole 6�r'cii%"' part, V' shall be relieved of All obligations with <br />espect P the' Assigned pa lesser <br />portion or portions arising 'subsequent to the dote, of assignment. to Me event of death of any person entitled to rentals hereunder, lessee may pi* <br />ir Icnil�-O such icnials to the credit of the deceased or the estate' of the deceased until such 'time 'as lessee is fumishes with proper evidencr of the appointment and luill- <br />ication of ;m executor or lilministrator of the estate, or if there he none, then until lessee is furnished with evidence satisfactory to it as to the heirs or devisees c the <br />deceased, If it Any time two or more p I be entitled to participate in the rental Payable hereunder. Lessee may pay or fender suit ienN joinly to such persons or t,, <br />ersons <br />their joint credit in the depository named herein; or. at Lessee's election, the proportionate Part (if said rentals to which each pqiptint is entitled may be paid or ten- <br />dered to hint separately or to his separate credit in said depository; and payment or tender to Any participant of his portion- ic rentals hereunder ball maintain thi, <br />leax As to such participant.' of ti 4 <br />s_ <br />L•ss•c'mayj at <br />'any y time and from time to time, execitte and deliver to Lessor or place of record a release leases covering either a full interest or an undivided <br />inII-re,11-in'pIl or any part W.t leased premises or in any one or moreL� zones, formations of depths underlying a any Part of the leased premises and theretiv shall <br />be rclatiNed of all ob igations I, vreafter to Accrue with respect to the area, zones, form4tiops, depths or undivided interest' covered by such release. In the -Ne,it a re- <br />h-Ssr 'if this leme"ild all rights in only a p4rt of the area embfaced in the leased premises; or as to an'�ndlvidr interest in all formations in oil or a part of the leased <br />premises, ,thereafter thp delay. rentals herein ovq provided for shall his, ri4uced kqoportionatirly. <br />12. %%'hld drillinp o-r'.th. incrations are delayed,' interrupt4 or stopped by lack of water, labor, material, irtability to obtain access to leased premises. fire, <br />flood, viar-mbelliom bistur•cti, a: riot, strike., differences with.workmen; failure of carriers to transport or furnish facilities for transportation of any product produced here- <br />11 AqVr,' 1.1A, of avail;kblr or b•t1iSFj1VturV market, in ;,esseex opinion, for the 04 or gas produced, or as a result of an order 9f any governmental agency. (including but not <br />P <br />21�7 <br />