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RECEIVED 12/8/2005 at 11:49 AM
RECEIVING # 914313
BOOK: 607 PAGE: 156
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
"
PRODUCERS 88-PAID UP
Rev, 5-60, No,-2 - 8pt.-Amended
OIL AND GAS LEASE
AGREEMENT, Made and enterçd into the
15th
November
,20 -º2__, by and between Johanna Mau and her successors,
day of
Trustee for the uses and purposes set forth in the William P. Mau Family Revocable Trust dated October, 22, 1990, William P.
Mau anel Johanna Mau, Beneficiaries
Whose post office address is 1345 Uinta, Kemmerer, WY 83101
, hereinafter called Lessor (whether one or more) and
Zcnergy, Inc., whose post office address is 1202 East 33rd Street Tulsa, OK 741U5, hereimfter called Lessee:
WITNESSETH, That the Lessor, for and in consideration of Ten and more ($10.00+) DOLLARS cash in hand paid, the receipt of wlJich is hereby
acknowlèdged, and the covenants and agreements hereinafter contained, has granled, demised, leaw¡ amI leI, and by these presents does grant, demise, lease and let
exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of rnining, exploring by geophysical and other methods, and
operating for aud producing therefrom oil and all gas of whatsoever nature ur kiud, with rights of way and easements for laying pipe liues, and erection of structures
thereon to produce, save and take care of said products, all that certain tract of land situated in the County of Lincoln, State of Wyoming, described as fullows, to-
wit:
Township 20 North, Range liS West, 6th P. M.
Section 6: Lots 1(31.12), 2(31.11), 3(31.10),4(32,85),
5(42,04),6(41.95), El/2SWì4, NW\4SEì4
Township 21 North, Range lIS West, 6th P._M.:.
Section 34: SE l¡.í SW ì4, anel that part of the SE ì4 lying South of the
centerline of the Oregon Short Line Railroad Company
and containing 468,51 acres, more or less.
t. It is agree¡¡"'iJïãtjfiìs lease shall remain in force for a term of five (5) years from this date and as long thereafter as oil OJ gas of whatsoever nature or kind is
produced from said leased prel~1ises or ~n acreage pooled therewith, or drilling operations are continued asherêÌnafter provided. If, at the expiration of the prim~ry
term of this lèase, oil or gas IS not belllg produced on the leased prenmes or on acreage pooled thçrewlth but Lessee IS then engagçd In dfJlhng or re-worklng
operations thereon, then this lease shall continue in fO,rce so long as oper?!ions are being c.ontinuously prosecuted on the leased premises or on acreage pooled
therewith; and opçrations shall be considered to be contllluously prosecuttd II not more than l1IllI:ty (90) days shall elapse between Ihe complellon or abandonment 01
one well and the beginning of operations for the drilling of a subsequent well, If after disclwery of oil or gas on said land or on acreage pooled therewith, the
production thereof should cease from any cause after the primary term, this lease shall not krminate if Lessee connnences additional drilling or re-working operations
IV ¡thin ninety (90) days from date of cessation of production or from date of completion of dry hole, If oil or gas shall be discovered and produced as a result of such
operations at or after the expiration of the primary term of this lease, this lease shall continue in force so long as oil or gas is produced from the leäsed premises or on
acreage pooled therewith.
2. lhis is a PAID-UP LEASE. In consideration of the down cash payment, Lessor agrees that Lessee shall not be obligated, except as otherwise /JJl)vided herein,
to commence or continue any operations during the primary tenn. Lessee llIay at any time or times during or after the primary term surrender this ease as to all or
any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or rekases, and be relieved of all obligation thereafter
accruing as to the acreage surrendered.
3. In consideration of the premises the said Lessee covenants and agrees:
....1.. 1.11. To deliver to the credit of Lessor, free of cost, in the pipe line to which Lessee may connect wells on said land, the equal one,eighth (118) part of all oil
" :~ produced amI saved from the leased premises. .
- 2nd, To P:IY l.essor one,eighth (118) of the gross proceeds each year, payahle quarterl)', for the gas from each well where gas only is found, while the same is
being used olf the premises, and if used in the manufacture of gasolwe ä royalty of one'elghth \ 118), payable monthly at the prevailing market rate for gas.
3rd, To pay Lessor for gas produced from any oil well aud used off the premises or in the manufacture of gasoline or any other product a royalty of one-
eighth (l/8) of the proceeds, at the mouth of the well, payable monthly at the prev:lIlmg market rate,
b 4, Where gas from a Wdell capabhle of producing dgas is IbJot SOldd or usedl, tìLessele may ,pay or tednder ats¡roYlalty to (he royalty o\\'ners,' One Dollar p"f>rnoyea¡r pet I' net
royalty acre retained hereun er, suc payment or ten- er to e ma e on or Je ore tIe anlllversary att 0 t JIS ease next ensuIIJg aller tIe eXIJlfalton 0 " lays rom
the date such well is shut in and thereafter on or before the anniversary datc of this kase during the period such well is shut in, Lessee's failure to payor tender, or
properly payor tender, any such sum shal~ render Lessee liable for the amount due but it shall not op.erate to teruliuate this lease. ". ,
5. If said Lessor owns a less mterest 111 the above descnbed land than the enore and uml1vldçd tee simple eSlate therew, then the royalties (lIlcludwg any shut-Ill
gas royalty) herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bears to the whole aud undivided fee,
6, Lessee shall have the right to use, free of cost, gas, oil and water prUlluced on said land for Lessee's operation thereon, except water from the wells of Lessor.
7. When requested by Lessor, Lessee shall bury Lessee's pipe line below plow depth.
8, No well shall be drilled nearçr than 200 feet to the house or barn now on sai¡1 premises without the written consent of Lessor.
9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land.
10. Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing,
II. The rights of Lessor and Lessee herennder may be assigned in whole or in part. No change in owne:rship of Lessor's interest (by assignment or otherwise)
shall be binding on Lessee uutil Lessee has been Furnished with notice, consisting of certified copies of all recorded instruments ur dlJeuments and other information
necessary to establish a complete chain of record title from Lessor, and then only with respect to p:lyments thereafter made:, No other kind "f notice, whc:the:r actual
or constructive, shall be binding on Lessee. No present 'or future division of Lçssor's ownership as 10 different portions or parcels uf said land shall operate to
enlarge the obligations or diminish the rights of Lessee, and all Lessee's operations may be condncted wit}¡uut regard to any such division, If all or any part !if this
lease is assigned, no leasebold owner shall be liable for any act or omission of any other leasehold owner.
12. Lessee, at its option, is hereby given the right and power at any time änd from lime to time as a recurring right, eithèr before or after production, as to all or
any part of the land described herein and as to anyone or more of the formations hereunder, to pool or unitize the leasehold estate and the minèral estate: covered by
this lease with other land, leasç or leases in the immediate vidnity for the production of oil and gas, or separately for the production of either, when in Lessee's
jndgment .il is necessary or advisable to ~o so, and irrespective of whether authority sinlÌlar to this exists with respect to such othet; land, lease or lçases. Like~'ise,
units prevIOusly formed to 1IIc1ude formations not produc1llg 011 or gas, may be refurmed to exclude such non-produc1llg furmatl()ns, fhe fOfllnng or refofllnng oj any
unit shall be accomplished by Lessee executing and filing of record a declaratiun of such unitization or reformation, which declaration shall describe the unit. Any
unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretof'1re been commenced, Production, drilling
or reworking operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall be treated as if it were production,
drilling or reworking operations or a well shut in for want of a market under this lease, In lieu of the royalties elsewhere hefl:in specified, including shut-in gas
royalties, Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocatcd to this lease; such allocation shall he
that proportion of the unit production that the total number of surface acres covered by tillS I~ase and mcluded III the unit bears IU .the total number of surface acres 111
such nmt. In additIon to tllé foregolllg, Lessee shall have the right to Unitize, pool or combIne all Dr any part of the above described lands as to one or mme of the
formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of developrnent or operation approved by any
gove~(~n1e1Hal au(ho~·i~y and, fr~ln t¡¡ne tü riIne. wiLh like approval, [Q ~rnodif)'. dlJnge Of ttf1~-lÌ.nate any such .I~lan or agreerncnt ~J1d. in .su;;h. event, tl.lè lerms
conditIOns and provIstons of thIs lease shall be deemed modlhed to conlorm to the terms, conditions, and provIsions of such approvtd cooptratlve or Untt plan of
development or operation and, particularly, all drilling and development requiremep,s of this lease, express or implied, shall he satislìed by compliance with the
drilling and development requirements of such plan or agreement, and this kase shall not terminate or expire dtHing the lift of such plän or agreement. In the event
that said above described lands or an~ part thereof, shall hereafter be operated unckr any such cooperati:e or unit plan of development or operation whereby the
pruductlon therefrom IS allocated to different portions of the land covered by saId plan, then the production allocated to any particular tract of land shall, 1m the
purpose of computing the royaltks to be paid hereunder to Lessor, be regarded as having heen produœcJ from (he particular tracl of land to which it is allocated and
not to any other tract of land; and the royalty paymenls to be made hereunder to Lessor sl¡¡dl be hased upon production only as so allocated. Lessor shall formally
express Lessor's consent to any coopçrative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the
same upon request of Lessee.
13. All express or implie¡J covenants of this lease shall be subject to all Federal and Stale Laws, Executive Orders, Rules or Regulations, and this lease shall not
be terminated, in whole or in part, nor Lessee held liable in damages, for failure to comply therewith, if compliance is prevéllled by, or jf such failure is thé result of,
any such Law, Order, Rute or Regulation,
14. Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any time to redeem for
Lessor, by payment, any mortgages, taxes or .other liens on the above described lands, in the event of ¡1efault of payment by Lessor aud be suhrogated to the rights of
the holder thereof, and the undersigned Lessors, for themselves and their heirs, successors and assigns, herthy surrender am! relcase all right of dower and
homestead in the premises described herein, insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made, as recited
I¡erein. Lessor agrees to execute such further assurances as may be requisite for the full and complete enjoyment of the rights herein granted.
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15, Should anyone or more of the parlies hereinabove named as Lessor fail to execute this lease, it shall nevertheless be binding upon all such parties who do
execute it as Lessor. The word "Lessor,' as used in this lease, shall mean anyone or more or all of the parties who execule this lease as Lessor. AlIlhe provisions of
this lease shall be binding on the heirs, successors and assigns of Lessor and Lessee.
!6. Anythin~,to th~ contrary here~n notwíthstandin~, if Lessor I,Jwns a greater interest in the lands described than is p~rported to be leased hereby or hereafter
acquIres any addll1onallJ1terest or tllle III the lands described, then this lease shall cover sllch greater or aduHlOnal after'acqulred mterest or tille, and Lessor agrees to
give Lessee written notice of any sllch acquisition as soon as the same is made, in which event the royalties payable to Lessor shall be increaseu plUpurtionatdy.
IN WITNESS WHEREOF, Ihis instrument is executed as of the date first above written.
William P. Mau Family Revocable Trust dalcd Oclober, 22,
1990, William P. Mau and Johanna Mau, lleneficiaries
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By /'74:L;;~ --)/'1/ Al.-1 /J¿'l' ¿¿¿í,,_.Z2¿¿'(:?..->/;·¿j.'
// JohaJma f\,1áu, Trustee / / -
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STATE OF __~()\t\'Ì; '\~(J
COUNTY OF L \ v\ ( n \ \.,
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INDIVIDUAL ACKNOWLEDGl\ŒNT
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this
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day of /\/(\\[ ( tl\ ') e ~/ ,
2005, personally appeared Johanna Mau and her successors, Trustee for the uses and purposes set forth in the William P. Mau
Family Revocable Trust dated October, 22, 1990, William P. Mau and Johanna Mau, Beneficiaries to me known to be the identical
person described in and who executed the within and foregoing instrument of writing and acknowledged to me that she duly
executed the same as her
free and voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written.
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Notary Public
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STATE OF
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) ss.
INDIVIDUAL ACKNOWLEDGMENT
COUNTY OF
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this _ day of
,2005,
personally appeared
, to me known to be the identical person described in and who exet:uted
the within and foregoing instrument of writing and acknowledged to me that
voluntary act and deed for the uses and purposes, therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written.
duly executed the same as
free and
My Commission Expires:
Notary Public
Address:
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When recorded
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Antelope Land Services, LLC, P. O. nl,~'B:~:::¡:~\i:jKil1lball, Nebraska 69145.
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TOP LEASE ADDENDU1\1 TO OIL AND GAS LEASE
Attached to and made a part of that certain Oil and Gas Lease dated November IS, 2005, Ly and between Johanna 1\íau
and her successors, Trustee for the uses and purposes set forth in the William P. J\-1au Family Revocable Trust dated
October, 22, 1990, William P. Mau and Johanna Mau, Beneficiaries, as Lessor (whether one or more), and Zenergy,
Inc., as Lessee (whether one or more), covering the following described lands located in Lincoln County, Wyoming, to-
wit:
Township 20 North, Range 115 West, 6th P. M.
Section 6: Lots 1(31.12),2(31.11),3(31.10),4(32.85),
5(42.04),6(41.95), EV2SW1J.¡, NWI,~Sm{¡
Township 21 North, Range 115 West, 6tl}LM.
Section 34: SE\04 SW1J.¡, and that part of the SE\04 lying South
of the centerline of the Oregon Short Line
Railroad Company
Lessee's right, title and interest under this Lease (hereinafter referred to as "Top Lease") shall vest immediately; however,
rights of entry and possession shall be subordinate and subject to an Oil and Gas Lease dated March 12, 2001, and recorded
inBook 468, Page 093 of the Oil ami Gas Records of Lincoln County, Wyoming (hereinafter called "Base Lease"), the
primary term of which expires March 12, 2006. Lessor herein covenants and agrees not to extend, renew, amend or modify
the Base Lease at any time on or before its expiration or termination.
Notwithstanding anything to the contrary herein, the primary term of this Top Lease shall commence on the earlier of the
following events:
a)
b)
c)
"1 . 1_" -'
The recording in Lincoln County, Wyoming, of a full release or partial release of the Base Lease as to all or any
part of the acreage covered therein; or
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The ex.pirationortermination of the Base Lease as to all or any part of the acreage covered therein; or
If the primary tern:o~d~~.e.Base Lease is extended as a result of drilling or reworking operations being prosecuted
.µndç:r 'tl~e terms therein, then the effective date of this Top Lease shall be the date of expiration of the primary
term of the Base Lease as extended by drilling or reworking operations.
Otherwise, the said Top Lease shall terminate and be of no further effect.
Should the Base Lease, as cited above, be extended beyond March 12, 2006, as a result of production being obtained, as
defined therein, or by drilling or reworking operations being prosecuted under the terms therein, and if the Base Lease shall
still be in effect as of November 15, 2009, a time which is not more than four years from the date of this Top Lease, then
this Top Lease shall terminate and be of no effect.
The provisions of the Top Lease and this Addendum shall be binding on the parties hereto, their heirs, successors, legal
representatives and assigns.
Signed for Identification
William P. Mall Family Revocable Trust dated
October, 22, 1990, William P. Mau and
Johanna Mall, Beneficiaries
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Johmma Mali, Trustee
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