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HomeMy WebLinkAboutLegal Document14/27!x8 09:11 '$Y4a9 778 97.45 RO1F ~ aoz =S~^T5'-,50"NARkANri.M1~:'.V'':-;iYr"x:r , ..: a.f~..: ... ~ ., .t: ~ -.f s ... ~- .. .:-~ --".:":.~: 9:.,'7.;:x.. ..•. ot%n ~Sw..:, 4swoosy~/,api~ +~4i lTNUD1ue ram+ ~rnu .~tl ~,~t I~i~r~~ rr~rit~: QIttitntg ,R£ eRAZUS That WE, 1'gLLTtiV BELL and mite, .70YGE P_gELL' • '~ ,I ~~ ~ vt !hc Gnanty of Sraxos State of Texas far ~Ad in consideratign ~ ' of the sum o# --.~.._Tf;N AND NQ/100 tg1Fl.QR~--_~~~_____ --._-------~------~__-_~..-°~-------------------~---° DO1.E.11RS j And other goad end .yaluahle consideration; 4 to paid, and. securi.d to be paid, by , JDYCE fF~ UANEY asfollonvs: CA511 IN HAND PATi?, the rsee5.pt.of whi^h is hereby anknawledged, hoaevar, thkt sum of $12,OU[l.[)0 of the ahcue consideration is paid to us by The City National Bank ^f $ryan, Hxyan. Texas at -the .request ofl the said•Ooyce i). Vansy, and the I receipt fr^m ssi.d bank is hereby scknomledgad, af,d at the reGueRt ^f'the Grantee herein, granters da hereby and herein retain a vendor's lien to secure the said:. city National E3ank ^f Bryan, Bryan, Texas for the payment of the fallowing des- $ cTi6ed nat¢: Said note l~ei.ng for the principal solo of ~12,Ot30.00 of even ante herewith executed by JgyCe D. Uanay and payable to the grder of The City National Bank . of Oryan, Bryan, Texas, in monthly inatallnlents df $145.60 each, including priS,axpal and int8r , the first of e~hich is due end payable•an yr before tt~' cfay of 3u 1372, and s like installment due and payable on ar Ise- fare th ~ day of each succeeding month thereafter until the ent~,re principgl siem with intpres# .f.ram.'date •at_ the rate of eight C8%} percent per annum is paid. Said note prtlvdes far ecceleTated ;naturity and F.nr the usual ~~ 1R'~` callestian i'ees.in case bi' default. ', Ant{ the grantvi.dn hereby retainfor the said City i~atiana2 Bank of Bryan, Bryan, Texas aced trartsPers anri assigns t^ it the v~tdar'5 lien,ratsined herein, end aII et~uitzeg, rights, claims,, oz privi.Ieges, then _a'remight have 'bY reason of retaining said v$ndor~s lien Qn the herein conveyed property.. The above dos- cril3ed note is also secured by a deed aF trust rSP evr~t data herewith executed by J^yce [x, UanEy t4 Rr~y 4/. 5imm^ne', Trustee, far the t7erteFit of The Gity NatinnaY ~ flank of Bryan, Oryan, Texas. - ~ ~~~~~ a a~T£ REC{~~D~it~- ~-2-- MAY ~ I ~~72 ~ ~~e havti created, S41d and Conveyed, aad by tieese pttsenta do Gcatat; Seli and Convey, unto the said . aoyce o~ VANEY - . • of the County of Braxas State of Texas all that ~tAiit 11.42.4 ®cre tract or parcel of Land hying sod iaeing situated in the ,]. W. 5catt League, R-.k9, 8raaes County, Texas, and being part of a i5.J79 a^re tract con- • Veyed to .]oyce PetsTS dell in- the ,dt?ea recorded in' Vdl,urne 297, page 252 cf the Deed Records of Brazos Cataity, Texes,'said 11.424 acre tract boring mare partite culariy described as follows: f BEGINNING at,3 pt~int iri the center line of Farm to Market Roed No. 158 at or ~ near the northeastexly Garner ^f s 7t] acre tract now ar formerly otilned by E. ~ u. Peters, same t}ei.ng the most n^rtherl~y corner of the atiavemer~ti^ned 15.379 acre tract; THENCE along the southeast Line of the abovemantioned 15.374 anre tract for the fallowing Calls: 5.32° 39y'W at a distance of 50.30 feet pass~a fence career, said tonne earner being located in the south right-qf-way. line of the beforementi4ned Farm to Market Road No. 158, continue for a total distance of 344.8 feet $o a fence GarneF f[tr corner; S 54°'.59~ E'for a distance of 222.2 feat to a fence cam er far corner; - .! 5 44° r,r,T til fvr a distance oP 60266 feet to an iron rod at a fence~eornQr. It far nnrner, sal.d corner being a cammort comer of this tract and the a~ove- ~ mentioned 1 9 acre tract. ' 5 1I-iERICE N ~i3° 26' 37" W along the suuthwes L line ^f` the abovementiorred 15.379 ar.,.re tract far 'a rlistanr_,e of`6f37.3~ feel, t^ an iron .rod for'co.rner; ~ll-1ENCF N 26° 03' 11" E at a distance of 469.24 feet pass an irrjn rod, .said iron rod being lor.,ated in the beforemen-tioned south right-of-way line of Farm to Market Raad lea. 1.58, con-time for a total distar•~ce of 519.43 feet to a point for corner i.n the center l.i:ne df the sai_rl Fa:rrn to Mari<et Road No. 158; THENCE along the ab^velTlenl~]_CJnP..rl cFrrt;e:r .l:i.rre-foie tyre fall.owinq .calls; E. 68° 59' OD" E fo.r a did; Lance ol> )_39.92 feel to a f:~^irrL for arrrlle I.roi_nt; S 76° 24' 00" E far a distance of 356.OOfeet to a paint far angle point; S 77° 34' 00" E for a d_ic~t-ance of 1'73.3 feet to the PLACE OF BEGI(~NI(VG containing 11.424 acres of land more or less. THIS COf\IUEYANCE IS MADE SUBJECT TO T1-1E FDLLOWING: 1. Easement from E. U. Peters to the City of Bryan dated Nova 3,.1938, recorded .n Uol. 9~, pg. 9[), Deed Records of Brazos County, Texas. 2. Easement from E. U. Peters to P~agnolia Pipe Line Company dated Oct. 30, 1946, recorder) in ll^]_. 127, pg. 41.1, Deed Records of Brazos County, Texas. 3. Easement dated May 31, 1947, from E. U. .Peters to the State of Texas, :recorded in Ual. 13]_, pg'. 183, Deed Records of Brazos County, Texas. L I; :rr~ Ire:reby expre~;s7_y ag:ceed .and r_nrdersa-o^d 'L-i-rat ttrer.~e _i.s excelrLed and r.e=.rer.ved to the granto.r.s herein ^ne-half (yz) interest in and to all of the oi_l: roya_l.i.;y, qas :r^ya7.ty, royalty in casinghead gas, gasoline, and rnya.l.Ly :i.n n1.,her. rniner~aJ.~; :i.n anal tindF?r anr_I tl~rat: may be I;.u~^duced and mined fr^rn the herein described property, and it is specifically understood and agreed tf•rat grantoz's herein shall not share in any of the bonus or. de- ].ay .rental money nor. shall be required to execute any lease. TO :fd!\V)/ AI\TD TO HULK the above clescribecl l.>remises, together with all and singular the rights .and appurtenances thereto in anywise Uelongicrg unto the said JDYCE Df= UA(UEY, her heirs and assigns forevcr~ and we do hereby bind ourselves, our heirs., executors and administrators, to Warrant aiidl.~urever Dc[end, all and singular the said premises unto the said JOYCE DL-~ UAIVEY, her heirs and assigns, against every person whomsoever lawfully claimiirg, or to claim the saine,'or any part thereof. ,,I But it is expressly .agreed and stipulated that .the Vendor's Lien. is retained against the above I~ ~~ ~ ~ described property, .premises and improvements, until the above described note ,and all interest thereon , ~~~ I`~ are fully paid according to its face and tenor, effect and .reading,. when this deed shall becocie absolute. W.I'i'NF,SS OUR hands at Bryan , Texas this. 7_6th daY of May Witness at request of Granter: 19 72. ..,, , Milton Bell ~1~ el ;, a',.. 7 1 ~'_ f~!. SINGLE ACKNOWLEDGMENT THE STATE ~F "'T'EXAS, couNTY or BRAZ05 BET'ORE ME, the undersigned, a Notary Public iu and for said County and State, on this clay personally appeared Milton Be11 and wife, Jayce P. Bell knotNiS ~~e~e ~Dtl~~ the persons whose. name S ~TF? subscribed to the foregoing .instrument, and acknowledged to >` '` . ~, fi~,~Jtat ' ..lie ~ . .executed the ..same for the .purposes and Consideration therein expressed. •~• '~_ ~; , GIVI'sN i1N])I'sR M1' IIAND AN1) S1iAT, Ole OI7hICIi, a C7 c. p: o :.1 this the 26th l~ry of May n. 19 72 o- ~ ~. ti, ) r ~ it J ~ ......... ...-~ ..~, .. ~-... ..... ............... ... .......... ~~~'''~~~• Notary ublic m and for BI'8Z176 Cotmty, Texas SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COiJNTY Or BEI'ORE ME, the undersigned, a Notary Public iu and for said County and State, on this clay personally appeared known t~> me to he the person whose nantc suiscribed to the foregoing instrument, and aclutowlcdged to me that he executed the same: for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL Or OrFICE, this the clay of A. D. 19 (L. S.) Notary Public in anal for. County, Texas CORPORATION. ACKNOWLEDGMENT THE STATE ~r T.F..XAS, COUr1TY or IIEh'ORE ME, the undersigned, a Notary Public in and foe said. County and State, on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregring instrument and acknowledged to me that the same was the act of .the said a corporation, and that he executed the same as the act of such corporation .for the purposes and Consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL Or OrFICE, this the day of A. D, 19 (L. S.) ~~~ ~~~'" `_ notary Public ut and for County, 'T'exas. TIIE STATE C)F TEXAS, ~ , COUNTY Oh I III3REBY CIr~P.TIFY that the foregoing instrument of writing with its certificate of authentication, was filed for record in my office on the d2y of A. D. 19 at o'clock AFL, and was duly recorded by me on the day of A. D. 19 in VoL ,page of the Records of said County. WI'.l'NLSS'MY HAND and the Seal of the County Court of said County, at my office in the clay and year last above written. {L. S.) - County. Clerk County, 'Texas. (~.!'q,Y,~'~`:;y,ua113tnW jr„asa1',„"Wr~illw y ~ v I L.tii~ ",i u6~'.SJ sin .tr°..u~. ~....~r .. .. 10/Zi/0$ 09:LF X5409 ii$ 8705 ROW _~ _ 1003 i THENCE N 43° 2fi' 37" Jd along the snu$hwest line of . ~ht? abo.+ementianed 15.379 acre traLt for. 8 distance of 687.32 feet to an irah rtid.fvr corner; . - THENCE N 25a Ei3 ~ lI" E at a distance of 469.2++ feet pass an iron rod, said iron rod•beirtg located in the ueforementianed south right-of-way Iine of Farm.ta Market Road No_ 158, continue ft3r.a fatal distance of 514. G3 fast to a paint for corner in the center line of the sand Farm to N{aiket Road No. I58; THENCE along the .abavementianed canter line far .the follol~ing calls; • 5 68° 59' d0" E for a distance of 139.92 feet to a point for angle point; 5 76° P4' 00" E for a distarfice ^f 355.13f]feet to a paint for. angle paint,' S 77° 34' dQ" E far a d7.5t5tiCe ^f 173.3 feet to the PLACE ^F BEGINNIIV~ containing 11.4ir4 acres of land mare ar less. • TiiTS COIttUEY'ANGE TS MADE SLI$.7ECT~\TU THE Ff7LLQWIN6: ~ 1. Easement from E. U. Peters to the Gity of Bryatl dated NaV. 3, 1938, regnrdeG in vol, 98, pg. 9fl, Deed Retards of Orazaa Caun'ty, Texas. 2.. Easematit Prom E. Li. Esters ta•t~agnalis Pipe Line Company datetl Oct, 3a, ~ .~ .. 1946, recorded in Uol. 127 pg. 4'11, Dsed fleagrds a~P 6r$zas county, Texas. i 3: Easement. dated flay 3i, d547, from E. U. Peters to the State of Texas, recQrdetl in Val-_ 131, pg_ 183, Deed itecuxds of Braaoscounty, Texas. It is hereizy expressly agreed and understood that there is excepted and ~~ . rr9serued tQ tt~e grantors herein one-i~elf t')~) interest ins and to ail LiP the oil rr~yalty, gas royalty,. rtsgalty in casinghead gas, gasoline, sr;d . royalty in other minerals in and under and that may be produced and. mined from the herein de$Gri6eq property, and it is spacifiGally urtderstoad and agreed that graettars harem shall fldt share in any of the bonus ar de- lay rental money nor shall be required to execute any lease, .. 1 - ';i . ~I . .TO fiAVE~•AND TO HC)LD the shove death ;~ . ' 'bed prcmisrs, togethrx with alI and singular, tats rights ~' E'$ and aPpu;tcaaaces thereto in aaywist brlongiug unto the said JaYCE D ~ VANEY, her - }~ heirs:and assigns forever and We do hereby hied ourselves, our , l:eits, executors and admiaistr;ttors, to Warrant and Forever 17efend, all sad 5ingalar the raid premises t~, ~3 'unto'tbc said 30YC1= DE' VANEY, her - 77{~~ heirs and assi 8 ixkst eve gns, ga ry pcrapn whoitl8ocver lawfu77y ciaitniag, nr to rIaina .the same~`ar any part ~!1 . thereof. ~ ~. - /f Bui •it, is e.xptrss]]r agreed and stignIsted fhat the Vwdor'a Lim is retaiaed% ~a5i the ahavt - described p~pe4Y}',._grtmiacs and improvcm~ts, nau7 the ahovr fle5cribed ante , and~aIi iritcrest thereon are fui3y paid acenrdiag to its face and tenor, effect and r~distg when,this deed shall became absolute.- . ' .wrr7~iEss t7UR bands at Bryan, Taxes • this 26th daP of pM1ay 19 72. , 'i i -.~" Milton 8e11 Witness at requrst af'Grantor_ ~ - oy - $409 778 9705 RpW X004 •,vb:u~-. :.•;., F,: ,.,,_ ,.. _~~.;:,:.. _..... - :, ~cr., pace`..; ;~i.-~:b; bs_y~b=eTrck~:fw~s,».-~,.: ~. '~ ~ ' l 1 ~ .' f •-• ~ - '~E STATE !4F TEXAS, ' smvt:I.r A~otvi,i$nt BE1::OR£.yfg, the >.nd ~d, a Rotary 3'aiwtig is avd for wid Conk aad' . Nfi~a~att $e1.i Hn~i~wiP~. .7oyCe P, Bell... ~. dar Dt+~onait . t3' $tat~ ao F aDP~R'nj ~~~ot`~r ~~' f]et peraa~ w+6osc names atthsetlle,i ~ . ?Lil`.~a' t•" ~~~ 4CaCltted } 83'B the fartgxiing irtSM:mcnt, and acknotgjtdgtd to i ~: ~. Ss sane Far the ptlrDOEra and t:oasidcratino therein txpmsed, ~= n .-: - ~: `~_- . t G2VEN z174i]]ER MY I;+~tD A o • ~ ; ~, ND 58AL ~>= OFFICE'; t ~ G i . 4 tba the 2bth of May D Iq 7Z S J1 ,/ ''-A.~ E~lt ~ ,w~. n 'IT~~ STATE sixc~ a~a~-~ns>:axa •.°unts: z-hw: C1F ~' coux~ orr B&Ft)jt$ M]?, ehe 4s'a~, a N start 1'nhlic in and far said Cooaty ,.nd State, vn this dsty persoazijg aPArared klOwa to mt t0 Le RItC Pr-tse7n RIi05! ~~ - mt ih~t ~ EajKQtli t+d to tSc'.pin8 iaSlTOmHib and 0.C671Qq~iCdgtd ~ ~~ ~ Sitae for the P~P65ss and oonsidtsatlon theren ~xpresacd, CIVI3b1 ~T3b18 bdY RANI} J1NI) $EA3.~ 2)F €)BFSCj?, . this: the day of '- 1 A. A E4 Rotary Pabiit in and Car i ' TEIE STA't~ [}F TEAS f°°~'as,i ~,c~aram~,gncr<,~avr ~~ Tamar caur:~ oa 1} AEFOAE Af$ t6c wtdersi8ntd, a No-uY Fa51ic ite and for said Ga„ntr antl.State. on eh"xt dyy pcrsougjty aparared whoa same is suh6Gr;b<d to the tm'~oing inatrnmept and aclmtnrt . known to me to be the ptrsan and a>]Sccr a ro*Pantip+4 and .than he aecnred ~8~ >b me that tht Game was the act of the said cxpruaCd. aad ;n the ~ the same as the act of sueft wryror+tiaa for the ~tY'nc~rptt stated, ~F?s~s aad comidaataus tLrzda - GiYHN VH3YER ad'jP HRND AND SEAL .~P t]FFj~g~ . this the' day aE A. 11. 34 t1~ ~ ' x.~s ~-•~ - _ No~i~'y.~i!~OC,in~an~ lM.. __~~_ ,i {. ' 'f 's ~~ . >_u~a7ias oQ:iz 50-WARRANTY' DEED (W,ni: VENDOR•s LIeN9 ~' TEXAS STANDARD FORM ~~~ ~~t~~ ~~ c~~e~~~, ~~aittttzJ >n~ BRA7.O~i 1 That WL"", MT.I_f01\i BELL and wife, JOYCE P. BELL of the County of 8razns State of Texas of the suns of -----TEN AND NO/100 (10.00)-__________ for and in consideration - L)OLLA.RS And other good and valuable consideration; to paid, and secured. to be paid, by JOYCE D t~ ~ UAN EY as follows CASH IN H(1ND PAID, the receipt of which is hereby acknowledged, however, the sum of X12_,000.00 of the above consideration is paid to us by The City National Bank of :Bryan, .Bryan, Texas a~t he .request of the said. Joyce D. Uai-rey, and the receipt from said bank is hereby acknowledged, and at the request of the Grantee herein, g.ranto.r.s do hereby and herein retain a vendor's lien to secure the said C~i.ty i\lati.onal Dank of Bryan, Bryan ,..Texas far tl-re E:~ayrr~ent of the fol].or(iing ties- cribed note:. Said note being Fo.r the prinr.,ipal sure of X12,000.00 of even. date herewith executer) try Joyce D. Vaney and payable to the orrJer of The City .National Bank of Bryan,. Bryan, Texas, in monthly installments of ~G145:60 each, including pzir~cipal and interest., the first. of which is due and payable on or before the' clay ^f Jur~r~, 1972, and a like. instal..lment due and payable on o.r be- fore th l day of each succeeding month thereafter until the entire principa). sum w~_th interest from. dai..e at .the .rate of eight (8%) per cent per annum is paid. Said note provides for accelerated maturity and for the usual 10% collection fees in case-of default, AnrJ the g.rantot~ do hereby retain for the~said City National Bank of Bryan, Bryan, Texas and transfers and assigns to it the vendor's lien retained herein, and .all equities, rights, c laims,. or privileges, that-_~emight have by reason ^f retaining said vendor's lien on the herein conveyed property. ..The above des- cribed-note is a)_so sacured by a deed of trust of even date herewith executed by Joyce D. Uaney t^ Roy U. Si rnmohs, Trustee, for the benefit of The City National Bank of Bryan, Bryan, Texas . ,~ {~ ~ ~~~, ry,' Y ' G~ ~~1~"~ FiIANK £11i1SY,lE Ct~O,I~L~]Jy CI(Y fll~, 8rl R, (e.;as have Granted, Sold and- Conveyed, and by these presents do Grant, Sell and Convey, unto the said JOYCE DE UARIEY of the County of Brazos State of Texas all that certain 11.424 acre tract ^r parcel of land lying and beinq situated in the J. W. Scott League, A-~+9, Brazos County, Texas, and beinq part eF a 15.379 acre 'tract con- veyed to Jaye Peters dell in the deed recorded iir Uuluine 297, page 252 uF the Deed Records. of Brazos County,..lexas,:said 11.024 acre -tract being; more parti- cu].arly described as fellows: BEGINNING at a point in .the center ..Line of• Farm to Market Road No. 158 at or near the northeasterly corner~of a '70 acre tract now or formerly owned by E. U. Peters, same being the most northerly cornet of the abavementioned .15.379 acre tract.; THENCE along the, southeast line ^f the abovementoned 15.379 acre tract for the following calls: S 32° 39' W at a distance of 50.30 feet pens a fence corner, said fence corner. being located in the south right-of-way line of the beforementioned Farm to Market Road No. 158, continue foa, a fatal distance of 344.8 feet to a fence earner for corner; S `69° 59' E far a 'distance of 222.2 feet to a fence corner for corner; S 44° 44' W for a distance of 602.66 feet. to an iron .rod at a fence corner for corner,-said corner being a common corner of this tract and the above- mentioned 15 379 acre tract ^~n"~^!nn~n~IR~*"i~~SNP'k'~'^'~C~A'11PT^'0.'RLt'~ il'J'+tleptIT"..'^1. 9 ••.~~ ••••^irlnA..~.'2~AnPrt..~mr~m~n+OmvT n s ~..irttAl~^2'A'+I~A~h~.rtmmmmm~ kam^n.r:+nxi+mmmm~:nmmwrmmm~m~mrvm....e..~•......~,...~.~:......:~..~~.~. _.~~_ _ CALLEp LSf' TR. r 15~~t~ G,~G, rs~r~?7s CALLt?0 111.1 t AC "~rLSE; TR. 7 t. yy T24B/,779 tt r ~ ^ - ~_ _ -, ~6y y ~(~(.j,. ~wY:_r_., .,w4N1e't1MY.wrr..rr_r~r ww_ _ :s ! ~'~'.~iAr --f A9 ND ~0 e, aD2/7>S1 ~ ~ >; ~V tr} Q`"" ~ •.bl w ~.,......~..-........rr.-.,. ~ «~...M.,,., ... ,.~. Y ~ ~, CfK.LED 15~Q,D56 AC. 2Dij7B4 A ~'} r ~,`~ ~• t' 4 ~~~ .. ~s~, ~ . %. Jh_OS A~ SUA'Y. ,' ~'~+'t00', • LPEN. iTT. vM(' V }1~~ ~ \ CAI.LCtr !1 ~ 46.18 A1;, 11 `~ ..22.3/ 1 Y 1 I, h tl «~ i i , ~:J ta.1B R t C, SURK o i •- •~ ~ t i ' CAI-lED ~ +i 3.855 aC. ~Q9' ~, ~~ 297/252 k 3D4/363 ~' 11 J.9J G y 11 Ae. stns! ya !i AL: SURNt A=2~"~" r^iiv'~i !11•.81 AC !BURY, `"fit t ~. ~ n,Q,: ~, rnith rv, l t't nlt~ CALLEp tJ~,, ..„ ,. _ t1 113.67 AC. ~>G/782 '~ ..... 4'1 i~ s i _ AC•4~StfRY. 'Jr. E.£ PETERS ~ ~ , ,,Y CALLED r cS/ ..,..-- ..' .. a00 ~C.-t,rrt tR. -2nd TR,~ ~ 10/531 .rD/531 xf 3 AC.~ 118/214 TRACY R. C,R, KORNCGAY B.I. tNCRAr.A PEIERS 15 AC. S4,B AC, 16.9 AC. ~ JOHN HICK$ HICt($ ~ ~ t3 AC, 2 AC. ltT't. r AC: J8S ~~ B.L. NtCKS~' `3 AC. ~p~~jS B ~~° ~~~ V \,~. ~ ^'` ~~~ t~ lx 0 .. .., .,n YtE£DON R~ w,C, w•~, aAf2KER ADKINS S~'ARKS EST, c P,li, A'!Ah'1s~S k s,e® A~. s.aa nc. e, is r+c. COODE s s6 aC r~r ~h .firs ~"r^ , ._.,.... , . ~--°•'~ NJH~~I~~ ~- pnrroni~ ~qRP. ,,.~ L'- UMi7 NJE~!» N©. t ' ~.t1 ~. ~,~,~~~~~~ 1~P )TTr"Ft:e- 1 f1./'ti-A1`tr'1A1 ~ y ,zzo.aa AC. dlNlF O ~•• 59.0.1 _~ t A~ xuRV. ~~? y~ nom} t ,/ .. ,- .... ~ r rZ.7 GAL. r~ID r e. ~t{T r 294iq' 13L o .y~yyY. P10, :OU ....,., ~, ~' ~ dST. CJ N fI•r?"u''tlr' 84592 [~ t ~~ ~ N f 5' ?' E ~J.62 d s a~ 9 ~r i 0 ' f ~~ d L9 5 C?'Jt<'~J' E 724.6! L t0 5 ~T?d'rJ` W 9b'tSrJ.Ias c t,7 N 45'~ OT w r,l9J, J2 G ),~ N f4?f'1S E SSB.dJ L tt N aSJS'17` M/ 25f. JA L1S N t~?17J~ E J{19a.OZ L J1F N- f~ 1T??" rv rtgxas L rT N it'tfi'r5'" ~ ?SI,2~' CJd /V ,~,',~t7r^y' IY Jlsf.)B NOTE:: ' t, B~tNCS 1:'J>ti5£D QN T'RLIC tdQkTt4 OFT1.11nuC0 AY SOLAR OB5£RVATtO^1, ~; wEU LOCAT~O mTt•tt~d Gt1Y ukd1~ OF' !}RYAN. ~• MtDtCATE3 UMtTS OP UNIT 4. LECENp: ~-•••••••• INpK;ATES CttY LIMITS UNE VL~VNI1 LINE • SL~SttRVLY UNJ;' ..5, a~vistro, a~~1o/sz CHANGCD VN17 SWtFE. ~'q~ G111+'YE" R~1S cr ;? 5r?9.se ?a~ N grsr ?aB.J2 r c.r 11 1151 92 ' s'?9.se ?7~t,a7 ?so,sz ' 1 N 21',5r'f 7" w s tsa'~o'?s' E ?.~~.01 zso.ss Ct 5878,9¢ ?,'9, td ~ s yrr?•tB' E" ?,r9 ra Ca ~ t".7 r 181.71 5784, r5 199, 0 ?55.57 N r?8't.r' W 5 aJ'Jd•*.T" f? J9a.90 Ks SS ce DT?9sB ?9J.Jd S X3.3?'13' W _ ?91.10 wH~-y~,y Rim un~rr w~r~ Jva a Tft^Ct ACRFAl.:1_ 1N UNIT `~E YOI./PC t~t 97.09 BERT wrrEEtt,,ER'S, INC. F W 8£RT wtrfEL[R T . , RuSTE£ F.W. BERT WtiE~l:LEtr 1248/279 2 35.52 ,DS1iPMiNt; CONAwAY t 257/1)> (~3 J,9t JOYCE PETER$ SELL, nt fir MiL ON w, aElt 1251/1)9 ~ t1.+3 JCYCE OaVNtEY 1257/166 S 4;48 c.>aROuNE OENK Mt:DOt~Atp, ~t a1 F257/143 (6 11 ~1.6a LIEN J. VAN RiET et 41i RnRa PARINERSHiP 1259/7Q9 }521/291 7 46,18 ,. OPANE PETERS, e1' 41i 1257/170 A 2.57 R.L.; CARROIL (i.M. t 58) 1190/73 9 2•~ ISABEL FSARTE TRUST tFt 1323/?ra 2A0 ISrtt3EL -WtT~ TRUST if2 1323/219 TOTAL_aCRES IN UNtf ~T~~~ 8FC :4140' FZ~EL ~C 460a FS1M1t{~ . J W SCOTT A•a9 s+< ,~.t-v~ ~ V~ ti~ ~ SURY~YED: JANUARY 1~` ~^~~~ ~ c~~W R 6Y; S,M, KUNG R.P,4.S. N4. 03 ~~ovsl\wt>,tn,~A {soo' rxHw TRACT uN~) ~'ERM : sao' FSE1. & .2000 FfiyyL . ~ W SCOTT A-a9 ~RA~OS Ct~Ua,tTY, TEXAS d~sD' MoRx D18F~.ACEMEN'~ • 41}0 ACRE PRORATIGfd tJNtT 0 '~ • THE STATE OF TEXAS X COUNTY OF BRAZOS x KNOW ALL MEN BY THESE PRESENTS: That whereas, we Mildred Jane Peters Murphy, Joyce Peters Bell, and Tracy Peters, .have and .hold in common the lands hereinafter mentioned., and are desirous of making partition of the same; Now, therefore, in consideration of the premises and to effect such partition, it is hereby covenanted, granted, concluded and agreed by and between said parties, and`each of them covenants, grants, concludes and agrees, for himself, themselves, his and their heirs and assigns, that a partition of said lands be made as follows, viz.: The said Joyce Peters Bell shall from henceforth have, hold, possess and enjoy, in severalty, by herself and to her and her heirs and assigns,' for her part, share and proportion of the said lands and premises free from any and all claims of the other parties hereto, all that certain 15.37.9 acre tract or parcel of land lying and being situated in the J. W. Scott League:, A 49, Brazos County, Texas, and being one-third of a tract of land called Tract No. 4, conveyed to Mildred Jane Peters Murphy, Joyce Peters Bell and Tracy Peters and described as 4.6.19 acres in the deed recorded in Vol. 24-3,pg. 62, Deed Records of Brazos County, Texas, said 15.379 acre tract being more particularly described as follows: BEGINNING at a point-in the centerline of Farm to Market Read No. 158, at or near the northeasterly corner of a 70 acre tract now or formerly owned by E. U. Peters, same being the most northerly corner of the above mentioned 46.19.. acre tract; THENCE along the centerline of the above mentioned Farm to Market Road. No, 158, same being a common line with the above mentioned 46.19 acre tract, ,for the following calls:. N 77° 34i W for a'distance of 173.3 ft.; N 76° 24i W for a distance of 356.0 ft.; N 68° 59t W for a distance of 489.3 ft. to a point for corner, said point being a common corner of this tract and a 35.91 acre tract called "Tract No. 3" conveyed to R. Henry Conaway by deed recorded in Vol. 242, pg. 419, Deed Records of Brazos County, Texas.; THENCE S 44° 52t W along the common line between this tract and the above mentioned 35,91 acre tract fora distance of 336.09 ft, to an iron rod for corner; THENCE 'S 43° 26' 37,r E-for a distance of 1174.58 ft, to aniiiron rod for corner, said iron rod being located in a fence found marking the southeast line o£ the beforementioned 46.19 acre tract No. '4; THENCE along the above mentioned fence and southeast line for the following calls: N, 44° 4.4? E for a .,distance of 602., f6 ft, to a fencer~corner ..for corner; ~N 69° 59' W fora distance of 222.2 ft, to a fence corner for corner; N 32° 39i E'for a distance of 344,8 ft. to the place of beginning containing 15.379 acres of land more or less, according to survey prepared,by B. J. Kling, Registered public Surveyor, in`August, 1971. t. ~~o~~ ~ ~ ~ l.A ,~ ~ x,19 ~ ~ FRANK E3UKiSKiE CountyClerk, BrazosCounty, Bryan,Texa< i~* i ,.f ~~ f It is, however, understood and agreed that out of the property hereby conveyed there is hereby excepted and reserved unto Mildr Jane Peters Murphy and Tracy Peters, their heirs and assigns, thedf and uninterrupted use, liberty and easement of passing in and alo ree certain passageway or road across the said ng a tract or premises ,.a 30 ft, wide parcel of land lying and being situated in the J. W. Scott League, A 49, Brazos County, Texas, and being part-of ,the above described 3.5,379 acre: tract of hand. conveyed to Joyce Peters Bell a being more particularly described as follows: nd BEGINNING at a point in the center line of Farm to Market Road No, 158, said point being the northwest corner of the above mentioned 46,19 acre tract, said-point also being the northeast corner of a tract. of land containing 35,19 acres conveyed to R, Henry Conaway b deed recorded in Vol, 242, pg, 419, Deed Records of Brazos County, Texas. THENCE S 44° 521 W along the common line of the above mentioned 15,379 acre tract end the above mentioned 35.91 acre tract fora distance of ..336.09 ft, to an iron. rod for corner, said iron rod being the southwest corner of the said 15,379 acre tract;. THENCE S 43° 261 3711 E along the southwest line of the above mentioned .15.379 acre tract for a distance of 30,0 ft, to a ,point fo.r corner; THENCE N 44° 521 E for a distance of 349,25 ft, to a point in the center line of the beforementioned Farm to Market Road No, 158 for corner; said center line also being tl-e northeast line of the before- mentioned 46.19 acre tract a_nsi.the 15, 379 acre tract; THENCE N 68° $91 W along the above mentioned center line.for a distance of 32.'76 ft. to the-.place of beginning of this tract of land, accordin to survey prepared by B, J. Kling, Registered Public Surveyor, in g August,, 197.1; and the other paxties hereto do grant, release, and confirm unto the said Joyce Peters Be11 the premises above described; to have and to .hold in severalty the. above described premises, with all and sin lar the hereditaments and a ~ ppurtenances thereunto belonging, unto the said Joyce Peters Bell, her heirs and assigns forever. And we do hereby bind ourselves, our heirs, executors and administrators, to Warrant and Forever Defend, all-and singular the said. premises unto the said Jo ce Peters Bell, her heirs and"assi ns a ainst ever Y g ~ g y person whomsoever .lawfully claiming, or to claim the same, or an The said Mildre3 Y Part thereof. Jane Peters Murphy and Tracy Peters shall from hence- forth have, hold., possess and enjoy,in severalty, by themselves and them and .their heirs and assigns, for their to ofthe lands and Part, share and-proportion premises, free from any and all claims of 'the other parties hereto, all that certain tract or parcel of land lying and being situated in the J. W, Scott Survey, Abst, No. 49, Brazos Count Texas,-and being more particularly described as follows: Y~ BEGINNING at a point in the centerline of Farm to Market Road No, 158 at or near the northeasterly corner of a 70 acre tract now or formerly owned by E: U. .Peters, same being a common corner with a 5 acre tract;. THENCE along the centerline of said Farm to Market Road No, 158 with the following meanders° N 77° 341 W 173.3 ft,, N 76° 241 W 356 ft,, N 68° 59' W 489.3 ft, to a point for corner, this being a common corner with a 35.91 acre tract ca]_led "Tract No. 3"• '~o~~~ 253 i ~i, _ _ O rv ~ ~ N OO ~ ~ ~ d y ~ H [[~'r'ijy ~j H O ~ ~ o ~ Q v~ - ~ °~ Z Z ~ ~~`~x ~ H "' '~ y icy trl' b d ro ~, 8 ~ ~ ~ ~ ~ ~ n `'` r O ~ ~ - x ~C _ _ _ _ ____ .. THENCE S 44° 52T W along the common line between this tract and said 35.91 acre tract for a distance of 1617.3 ft~ to wn iron rod for corner on the north or northeasterly line of a 46.19 acre tract called i1Tract No. 2" ; THENCE S 43° 05T E along the common line with said T1Tract No. 2" for a distance of 593 ft, to an iron rod for corner in the northwesterly line of a 46.19 acre tract called "Tract No. 1" and the most easterly corner of "Tract No. 2"; THENCE N 44° 20' E along. the common line with said ''Tract No, lT' for a distance of 289.8 ft, to an iron rod for corne r, same being the most northerly corner of said 'TTract ~Io. 1" ; THENCE S 43° 19' E along the comtnor~ line with "Tract No. 1T1 for a distance of 587.5 ft, to a fence corner for_eornery THENCE N 44° 44T E along a,fence line for a distance. of 1600 ft, to a large cedar post for corner in the common line with the beforementioned 5 acre tract; THENCE N 69° 59' W along a common fence line with said 5 acre tract for a distance of 222.2 ft, to a fence corner for corner; THENCE N 32° 39T E along a common fence line with said 5 acre tract for a distance of 344.8 ft, to the place of beginning containing 46.19 acres of land, more or less, all as per actual survey made on the ground in June, 1959, by B. J. Kling, Registered Public Surveyor. The above tract is designate~.by the surveyor as Tract No. 4 in the division of a 174.48 acre tractt owned by Mrs. Icy M. Peters. The above described tract is the same tract conveyed by D. L. Peters to Mildred Jane Peters Murphy, et al by deed dated Jan. 14, 1964, .recorded in Vol. .243., pg, 62, Deed Records of Brazos County, Texas. SAVE AND EXCEPT from the above described 46.19 acre tract, the 15.379 acre tract of land herein conveyed to .Joyce Peters Bell; and the other parties hereto do grant, release, and confirm unto Mildred Jane Peters'Murphy and Tracy Peters the premises above described; to have and tQ hold in severalty the above described premises, with all and singular the hereditaments and appurtenances thereunto belonging, unto the said Mldre d Jane Peters Murphy and Tracy Peters, theme heirs and assigns forever, And 3 do hereby bind myself, my heirs, executors and administrators, to Warrant .and Forever Defend, all and singular the said premise unto the said Mildred Jane Peters.. Murphy and Tracy Peters, their heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. In witness whereof, we have hereunto set our hands this the 23rd day of August, 1971. Mildred Ja Peters Mu rP l _ e rs B Tracy Pe~2-rs THE STATE. OF TEXAS x ~J COUNTY OF BRAZOS x BEFORE ME, the undersigned, a notary public in and for said County and State, on this day personally appeared Mildred Jane Peters Murphy known to me to-be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the .same for the purposes and consideration therein expressed. ,' ` ~'~GLVE~T s'EJNDER MY HAND AND SEnL OF .OFFICE, this the .':-'' day of ` A •~ ~ ,` 1971 ~ ~ ~ ~ - S Nota-r)~ic in and~~~r Brazos OF~ F: ~.: County, Texas. THE STATE OF TEXAS, ;( COUNTY OF BRAZOS X BEFORE ME, the undersigned, a Notary .Public in and for said County and State, on this day personally appeared Joyce Peters Bell known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she-executed the same for ;laa~ •purposes ~~and consideration therein expressed, ,• ~. . •., ' - ,•GIVEN~~TIaDER MY HAND AND SEAL OF OFFICE this the day of ~ragus t , 1, J71 ~cr. =,~v. ;`L,`. Notal~~l31ic' in and f~r Brazos F fi ,^,'.oS County, Texas. THE STATE OF TEXAS, ~ COUNTY OF BRAZOS x BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally. appeared Tracy: Peters known to me to be theperson whose name is subscribed to the foregoing instrument, .and acknowledged tome that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND .AND SEAL OF 0 , CE this t e ~3 y of Augtiist, 1971. e .,t ~~ /. No ary Public in .and for Bxazos~ ~' ' ' ~- ~ County, 'Texas, - _~ . ' ~ ~ ,'~ - j ~. G'1 f7,~ ~, ~~'• w ,,. ..• '° ;:- i; m E C~ TEXAS' ) COO~~ITY 0 DCAz05 j !, Frank Borisl<ie, C{erk c~` thv County Court in and r'or Brazos County, Texas, co hc~~cC;~,r cc.r:i;y i~at this instrument was FILE=D ors the date and at the time sta }red hereon and RECORDEDin t!1e vo{ur"t: ~ ;;;± ~aL of P:a.,,~Records of said County on i;e d~ae s`~ampe~l hcreo:~. i'rank Ooris!ce, Cou:°'y C!~ k Bra?os Gcur:ty, '("cx~ s 3y: T ~~, Qep!rty ~® ~_2 5 5 EXHIBIT "A" k' ~ Being a 1.18 acre tract or parcel of land lying and. being situated in .thee J, W. SCOTT LEAGUE, ABSTRACT N0. 49, Brazos County, Texas, and being part of the Joyce Peters Be11 15.38 acre tract described in Volume 2:97., page 252, Deed Records of Brazos. County, Texas.; said 1.18 acre trac being more particularly described asfollows: BEGINNING at an iron rod in the Southwest ROW line of F.M. Road No. 158, ame being in the common line of the R. Henry Conaway 35.91 acre tract, DR 242/419 anal the above described 1'5.38 acre tract; THENCE S 62° 56' 18"- E, along the Southwest ROW line,for a distance of 160 feet ,to an iron rod .for corner; THENCE S 24° 08' 34" W, a.f°ross the above described 15..38 acre tract,. fora distance of 3'3E'feet to an iron rod for corner; THENGF N 43° 26' 37" W, along the Southwest line'af the 15.38 acre 'tract, for a distance of 190.5 feet to an iron rod for corner at the R, Henry. Conaway 35.91 acre. tract ;. THENCE N 27° 33' 23" E, along said Conaway tract, for a distance of 274. feet to the POINT OF BEGINNING, containing 1.18 acre of land, more or less. Producers SS (7-69) With 640 Acres Pooling Provision POUND PRINTING & STATIONERY COMPANY 2325 FANNIN, HOUSTON, TEXAS 77002, (713) 659-3159 OIL, GAS AND MINERAL LEASE .. . . THIS AGREEMENT made this......--~------12th... :..-.. ..... ..day of....:: ... ~Tuly..,..._1977.....---- .. .................... ..... .....19 7~...., between ~i~.t.an....Bell...~.~?..d..._:r~r.~~e.,..:_J.Qy..ce---Peters....Bull.-- ......................... lessor (whether one or more), whose address is :.F~~ ~hr9...~-58.1....~v~•n, T®X~~- .. .. .. ana.._.W..:.-T._...Jorden.,..-:.~Q~...Petxaleum....$,~.~:ga.,...?ni~.~h~ta Fa11s,...Texas ... ..... lessee, WITNESSETH: 1. Lessor, in consideration of. ..:._..t,;an....(.1.Q ~ ..............:... .. ._:.... ........ ... ........---.... .......... .........Dollars, receipt of which is hereby acknowledged, and of the covenants and agreements of lessee hereinafter contained, does hereby grant, Tease and let unto lessee the land covered hereby for the purposes and with the exclusive right of exploring, drilling, mining and operating for, producing and owning oil, gas, sulphur and all other minerals (whether br. not similar to those mentioned)., together with the right to make surveys on said land, lay pipe lines,. establish and utilize facilities for surface or subsurface disposal of salt water, construct roads and bridges, dig. canals; build tanks, power stations, telephone lines, employee houses and other structures on said land, necessary or useful in lessee's operations in exploring, drilling for, Producing, treating, storing and transporting minerals produced from the land covered hereby or any other land adjacent thereto. The land covered hereby, hwrein called "said land", ie located in the County of.......~~M.~S.-_ ........................'State: of T®xe~..msg...,:--.:..............,..., and is described as follows; A 3.95 acre tract or pare®1 0~' .land rly3mg.,.and-.bo3r.g .situated 3.n the J. •W. Scott heagua A-~9, Brazos County, Texas and be3.Mg a part of'the 15.379 sores cony®yed ', to :Joyce Peters Bell in Partition Dsed dated August 23, 1971,< recorded in -Vol. 297, p~.ge. 2,~2, of th® Deed Records of Brazos County, Texas. This lease also covers and includes, in addition to that above described, all land, if any, contiguous or adjacent to or adjoining the land above de- scribed and (a) owned or .claimed by lessor by limitation, prescription, possession, reversion or unrecorded instrument or (b) as to which lessor has a preference right of acquisition. Lessor agrees to execute any supplemental instrument requested by lessee for a more complete or accurate description of said land.'For therrpurpose of determining the amount of any bonus, delay .rental or other payment hereunder, said land shall be deemed to contain ..............~.a.9J.........:....acrea, whether actually containing more or less, and the above recital of acreage in any tract shall be deemed to be the true acreage thereof. Lessor accepts the bonus and agrees to accept the delay rental as lump sum considerations for this lease and all rights and options hereunder. five 2. Unless sooner terminated or longer kept in force under other. provisions hereof, this. lease shall remain in force fora term of fLRt"'(?U') years from the date hereof, hereinafter.:called."primary. term", and as long thereafter as operations, as hereinafter defined, are conducted upon. said land with no essa ion for more than i sty (90j Consecutive days. ~6 ~i~hre°e x~,?'~a~l~r}rs~ //~ As royalty, lessee covenants and agrees: (a) To 'deliver to the credit of lessor, in the' pipe line to which lessee may. connect its wells, the equa part of all oil produced and saved by lessee fromsaid land, or from time to time, at the option of-lessee,topay lessor the average posted market ,price of such eAe.eightl~.part of such oil at the wella'as of the day it is run to the pipe line or storage tanks, lessor's interest, ~~~~' rn ei er case; o ear of the cost of treating oil to render it marketable pipe dine oil'; (b) To pay lessor on gas and casinghead Kas pro- . duced from said land (1);when'aold by lessee, o:.~-~:.~el.-of the amount realized by lessee; computed at the mouth of the well, or (2) when used b ~//~ ~~,~ lessee off said land or rn themanufacture of gasoline or other products, the market value, at the mouth of the well,' of • o sac gas and casirg~hgad.gns; (c) Tapay lessor en all other minerals minedand marketed or utilized by lessee from said land, one-tenth either in kind or ~ value at the well or mine at lessee's election, except that on sulphur mined and marketed the royalty shall be one dollar 01,00) uer long-ton, If, at the expiration of the primary term or at any time or times thereafter, there is any well on said land or on lands with which said land or any portion thereof has been pooled, capable of producing oil or gas, and all such wells are shut-in, this lease shall, nevertheless; continue in force as though operations were being: conducted on saidland .for so-long as said wells are shut-in, and thereafterthis leasemay. be continued inforce as if no shut-in had occurred. Lessee covenants and agrees to•use reasonable diligence to produce, utilize; or marltet the minerals capatile of being produced from said wells, but in the exercise of such diligence, lessee shall not be obligated to install or fm•rish facilities other than we]] facilities and ordinary ]ease facllitiesof flow'.linea, separator, and lease-tank, and shall .not be-:required to settle. labor -trouble or to market gas upon terms unacceptablh to lessee. If, at any time or times after the expiration of the primary term, all such wells are shut-in for a period of .ninety. consecutive days, and during such time there are no operations on said land, then at or"before the expiration of said ninety day.. period, lessee hall pay or tender, by check or draft of lessee, as. royalty, asum equa) to theamount ofannual delay rental Providedfor in this lease. Lessee shall make like payments ortenders at or before the end of each anniversaryof the expiration ofeaid ninety day period if upon such anhiversarythis lease is beingcontinuedin force solely by reason of the provisions of this paragraph. Each such payment or tender shall be made to the parties who at the time of payment would be entitled to receive the royalties which would be paid uhder this lease if the `wells were producing; and may be deposited in a depository bank provided for below, Nothing herein shall impair lessee's right to release as`provided in n.aragraph'5 hereof, In event of assignment of this lease in whole or in part, liability for payment .hereunder shall rest. exclusively on the then owner or owners. of this lease, severally as to acreage owned by each, 4. Lessee is hereby granted the right, at its option, to pool or unitize any land covered by this lease with any other land covered by this lease, ! ~ ~. and/or with any other land, lease; or leases, as to any or all minerals or horizons, so as to establish units containing not more than sur ace acrear plus 10% acreage tolerance; provided,`however, units may be established as to any one or° more horizons, or existing units may. be enlarged as to any one or more horizons, so as to contain not more than 640 surface acres plus 70%a acreage tolerance, 'if limited to one or more of the following; (1) gas, other than casinghead gas,. (2) liquid hydrocarbons-(condensate) which are not liquids in the subsurface reservoir,'(3) minerals produced from wells classified as gas. wells by the .conservation agency having jurisdiction. If larger units than any of those herein permitted, either at the 'time established, or after enlargement, are required under any governmental rule. or order, for the drilling or operation of a well at a regular. location, or for obtaining maximum allowable from any well to be drilled, drilling, or already drilled, :any such unit may be established or enlarged to conform to the size required by such governmental order or rule. Lessee shall exercise said option as to each desired unit by executing an instni- ???elil!~._ads.ISt1~Ying..suchunit,~and~,ilina~it~n,.aa„nr.1.,:in,..thw~nublie,~office..Sn. WhiCklmS,~??.~.„lease is recorded,. Each of said options may,_be exercised by RIDERa (1) No drilling of actual well will be conducted on the 3.95 acres of the Lessor; no drilling site will be _loeated on the said 3.95 acres of the Lessor. {2) This ail, Gas and Mineral Lase excludes lignite and coal:. may not so release alto lands wham a un,~ , o ,o, ,, _ within the unit.. At anytime whilethis lease is ~dnYorce lessee may~dtac •ivesany unitastablf ehea'harmdndor,r.r ?iHnpr'ror aora iatn. nunuo orrtae whgrethis lease is recorded a daclarationto that affect. it'nt-Chat time no operations arc being conducted thereon for unitized minerals, Subject to the provisions of this paragraph 4,a unit once eatabliehedhereunder ahallremain in force 'solon8as any lease'subject thereto shall remain to force. If ph;e~7,aasa nowor hereafter covers separate tracta,,'.no pooltng or unitization of royalty interests ae between any such separate tracts is intended or shwlt be tmplle`I br result meroly-from the lnoluafan of such 6opurnto tracts within this loaso but lossoo shall neverthel oss have Lho right to pool or• unitize as provided in this paragraph 4 with consequent allocation of production as herein. provided. As used in this paragraph 4, the words "sepa•- rate tract".mean any',tract with royalty ownership differing, now or hereafter, either as to parties or amounts, from that as to any other part of the leased premises. 5. If onerti tions are not conducted on said land on or before the first anniversary date hereof, this lease shall terminate as to both par•tiea, unless lessee on or before said date shall subject to the further provisions hereolf*~y or tender to lessor or to lessor's credit in the........... ***R~TTALS PAID. IN FULL THIfi :DATE, .July 12, 1977 .. .. . °-•---° • ---••--•- .........................>....................:.:.... ...., or its saccesaors, which .shall continue as the depository, .regardless of changes in .ownership of delay rental, royalties, or other moneys, the sum of ...., $ ••;• - ---~-~-- ~ ~ - which shall operate as delay rental and cover the privilege of deferring operations for one yeas from said date In like manner and upon like payments or tenders, operations may be further deferred for like periods of one year each during the primary term. If at any time that lessee pays or tenders delay rental, royalties, or other moneys, two or more parties are, or claim to be, entitled to receive same, lessee may, in lieu of any other method of payment herein provided, pay or tender such rental, royalties, or other moneys, in the manner herein specified, either jointly to such parties or separately: to each_in accordance with their respective ownerships thereof, as lessee may elect. Any payment hereunder may be made by check or draft of lessee deposited in the mail or delivered to lessor or to a depository bank on or before the last date for. payment. Said delay. rental shall be apportionable as to said land on an acreage basis, and a failure to make proper pay- ment or tender of delay .rental as to any .:portion. of said land or as to "any interest therein shall not affect this lease as to any portion of said land or as to any interest therein se to which proper payment or tender is made. Any payment or tender which ie made in an attempt to make proper Payment,. but which is erroneous in whole or in part as to parties,. amounts; or depository shall nevertheless 'be sufficient to prevent. termination of this lease and to extend the time within which operations may be conducted in the same manner as though a proper payment ..had been made provided, however, lessee shall correct such ,.error within thirty (30) days after lessee has received written notice thereof from lessor. Lessee may atanytime and from:time totimeexecute and deliver to lessor or filefor..record a~releaee orreleasea of this lease as to any parlor all of said land or of any mineral. or horizon thereunder, and thereby be relieved of all obligations as to the released acreage or Interest. If this lease is ao re- leased as to all minerals and horizons under a portion of said land,'rthe delay rental and other payments computed in accordance therewith shall thereupon be reduced in the proportion that the acreage released bears Yo the acreage which was covered by this lease immediately prior to such'release. ti. If at any time or times during the primary term operations areconducted' on said land and if all operations are discontinued, this lease shall thereafter terminate on .its anniversary date next following the ninetieth day after such discontinuance unless on or before such anniversary date lessee either (1) conducts operations or ('L) commences or resumes the payment or tender of delay rental; provided, however, if such. anniversary date is at the end of the primary term, or if there is no further anniversary date of the primary term, this lease shall terminate at the end of such term or on the ninetieth day after discontinuance of all operations, whichever is `the later date, unless on such later date either (1) lessee is conduct- ing operations or (2) the shut-iix well:provisione'of'paragraph 3 or the provisions of paragraph ll are applicable. Whenever used in this lease the word "operations" shall mean operations for and any of the following: drilling, testing,. completing, reworking,. reeompleting, deepening, plugging back or repairing of a well in search for or in an endeavor to obtain production of oil,. gas, sulphur or other minerals, excavating a mine, production of oil, gas, sulphur or other mineral, .whether. or not inpaying quantities: 7. Lessee shall .Have the use, free from royalty, of water, .other than from lessor's water wells, and of oil and gas produced from said land in all operations hereunder. Lessee shall have the right at any time"to remove all machinery and fixtures placed on said land, including the right to draw and remove casing: No well shall be drilled nearer-than 200 feet to the house or barn now on said land without the consent of the lessor. Lessee shill pay for damages caused by .its operations to growing crops and timber on saidland. 8. The rights and estate of-any party hereto may he assigned from time totime im whole or in part and as to any minea•al or horizon, All of the covenants,. obligations, and considerations of this lease shall extend to and be binding upon the parties hereto, their heirs, successors, assigns, and successive assigns. No change or division in the ownership of said land, royalties, delay rental, or other moneys, or any part thereof, howso- ever effected, shall increase the obligations or diminish the rights of lessee, including, liut not limited to, the location and drilling• of wells and the measurement of production. Notwithstanding any other actual-or-constructive. knowledge or .notice thereof of or to lessee, its successors or assigns, no change or division in the ownership of said land or of the royalties, delay rental, or other moneys, or the right to receive the same, howsoever effected, shall be binding upon the then record owner of this lease until thirty (30) days after there has been furnished to such record owner at his or its principal place of liuainess by lessor or lessor's heirs, successors, or assigns, notice of such change or division, .supported by either m•iginals or duly. certified copies of theinstruments which have 'been properly filed for record and which evidence such change or division, and of such court records and proCeedings,transcripts, or other documents asshallbe :necessary in the opinionof such record owner to establish the valtdity of such change or division: If any such change in ownership occurs by season of the death bf the owner, lessee may, nevertheless pay or tender such royal- ties, delay rental, or other moneys, or Part thereof, to the credit of the decedent in a depository bank provided for above. In the event of assign- ment of this lease as to any part (whether divided or undivided) of said land, the delay rental payable hereunder shall be apn9rtionable as between the several leasehold owners, ratably according to the surface area or undivided interests of each, and default in delay rental payment by one sh':all .not affect the sight.of other leasehold owners hereunder, 9. In the event lessor considers that lessee has not complied with all its obligations -hereunder, both express and implied, lessor shall notify .lessee in writing setting out specifically iii what respectslessee has breached this contract. Lesseeahall then have sixty (60) days after receipt ~. of said notice withinwhich toj,.meet. or. commenceto meet all or any part of the breaches alleged by lessor. The service of said .notice shall be precedent to the bringing of any acti on by lessor on said lease for-any cause, and nosuch action shall be brought until the lapse ofaixty (60)days after s'er- vace of such noticeon lesaee:'Neither;the aervico of said noticenor thedoins of aaiy acta•by lessee aimed tomeet all or any of the alleged breaches shall be deemed an- admissaon or presumption that lessee has failed to Derform all ies obliaatiane :hareuna r: ~srzwt,fs~.fsia~e ra•ye.nosaxws~rovpanr';ca 'ea, it shall nevertheless remainin force and•effec£as to(1):.aufficient acreage around each well ae to which thereare operations to constitute a drill`aFng or maximum allowable unit under applicable governmental regulations, (but in no event less than forty acres), uch acreage to be designated by .lessee as nearly as practicablein~the form of a: equarecentered at the well, or in such shape as then existing epacinfi rules require and (2)any nart~~:.of said. land included in a pooled unit on which there are operations. Lessee shall also have. such easements'on said land as are necessary to operations on the acreage so retained. 10. Lessm• hereby warxanta and agrees'to defend title to 'said land against the claims of all persons whomsoever. Lessor's rights and interests hereunder shall be'chtu•g~edprimarily with any mortfiages, taxesot• other liens, or interest and other charges on said land, but leasoa• agreesthiat lessee shall have the right at any time to pay or reduce same for lessor, either before or after maturity, and be subrogated to the rights of the holder thereof and to deduct amounts so paid from royalties or other payments payable or which may become payable to lessor and/or assigns under this lease. If this lease covers a less interest'in the oil, gas, sulphur, or other minerals in all'or any part of said land than the entire and undivided` fee simple estate (whether lessor's.interesE is herein specified or not), or no interest therein, then the royalties, delay rental, and other moneys accruing from any part as to which this leasecoversless than.such full interest, shall be paidonlyin the 'proportion which the interest therein,_if any, covered by this lease, bears to the whole: and undivided fee simplC estate therein. All royalty interest covered by this lease (whether or not owned by lessor) shall be paid out of the loyalty herein provided. This lease shall .be binding upon each party who executes it without regard to whether it is executed by all those named herein as lessor. 11, If, while this lease is in force, at, or after-the expiration of the primary term hereof, it is not being continued in force by reason of !the shut-in well provisions of paragraph 3 hereof, and lessee is not .conducting operations on said land by reason of '(1) anylaw, order, rule or regu- lation, (whether or not subsequently determined to be invalid) or (2) any other cause, whether similar or dissimilar, (except financial) beyond 'the reasonable control of lessee,_the primary term and the delay rental provisions hereof shall be extended until the first anniwersary date hereof occurring ninety (90) or more days following the removal of such delaying cause, and this lease may be extended thereafter by operations as if such delay had not occurred. IN WITNESS WHEStEOF, this instrument is executed on the date first above written. "~ ---- l~..lton Fell JOyce Peters Eel1 STATE OF INDIVIDUAL ACKNOWLEDGMENT-TEXAS OR NEW MEXICO COUNTY OF Before me, the undersigned authority, on this day personally appeared known to me to be the person-whose name~ie (are) subscribed. to the foregoing instrument, and acknowledged to Ifte that executed the same sa free act and deed for the purposes ahd consideration therein expressed. Given under my hand and seal•of office this day of , 19- My Commission Expires Notary Public in and for County, State of STATE OF INDIVIDUAL ACKNOWLEDGMENT-TEXAS OR NEW MEXICO COUNTY OF Before me, the undersigned authority, on this day Dereonally appeared known to me to be the person_whose namo_ie (are) subscribed to the foregoing instrument, and acknowledged to me that executed the same a+r free act and deed for the purposes and consideration therein expressed. Given under my hand and sea] of office this day of , 19_ My Commission Expires.. Notary Public in and for County, Stateof STATE OF Teas HUSBAND AND WIFE ACKNOWLEDGMENT-TEXAS OR NEW MEXICO COUNTY OF B2'a.ZOS Before me, the widersigned authority, on this day personally appeared ~1 .~tOI1 ~e~a and . tTfY3*C® Pet@2'S BeYI _ husband and wife, known to me to be the persona whose names are subscribed to .the foregoing instrument, and acknowledged to me that they executed the same as their free ast and deed for the purposes and consideration therein expressed. Given. under my hand and seal of. office this day of 19~ . My Commission Expires ro G a ro H K 5' w m O k w m 0 h M a 0 G.! e~i• ~; b ~ C M '. .` x• . >:Notary: Public in :and' Yor'''_ ~ N m ~ o. d. e H S 8 o r ~, ~ ° a p ~ i b n 9 i B. ' i O 'Y y i ,a, R A o ~ a a. a ~ G M. - ~p O ~ ry ta. y ~, 0 z try !~, •, Bratw.or O ~1 ~ ~+ r ham'! A~ Fri ~ro 0 ~C A ~ O ~ oc H ~ ro~ w~ ro 0 C p ___ a ~~-".~ ']SHE STAT']E OF ~~5 COUNTY OF ~!L h i ,~ ~ n (~ ~ ~j ~ ~ r ~' Made and entered into on this, ,the of December A. D. 19~ 1 , by and between MILTON W. B£LL and wife, JOYCE P. BELL 17th day of Brazos County, Texas, hereinafter called part ~ e s of the first part, and J • B • Hervey Trustee hereinafter called party of the second part, and Community Savings and Loan Association,.a Corpora- tion with principal place of 'business in College. Station, Brazos County, Texas,:hereinaftercalled party of the third part ~1~~~,g~t~, That said pa~• i es of the first part, for and in. consideration. of the sum of TEN DOLLARS, in hand paid by the party of the second part, and the securing of the debt hereinafter men- tioned, have Granted, Bargained, Sold and Conveyed, and by these presents do Grant, Bargain,. Sell and Convey, unto the said party of the second part as Trustee, and to his successor or successors in this trust, the real estate '~tuuatted irr Brazos County, Texas, and being situated in the J.W. SCDTT LEAGUE, ~bst. o. , ra os oun y, exas; sai roc sing ^u o a tract conveyedTracy Peters, et al to Mrs. Joyce Peters Bell by deed dated August 23, 1971, recorded a.n Uol. 297,;pg. 252, Deed Records Brazos County, Texas, and being more particularly described as follows: BEGINNING at an iron rod in the southwest right"of way line of F.M. Road No. 158, said iron rod being S'' 71° 40' E a distance of 1.92 feet from~the R. Henry Conaway 35.91 acre tract, U'ol. 242, pg. 419, Deed Records Brazos County, Texas; THENCE S 71° 40' E continuing with the above R.O.W. line for a distance of 285 ft, to an iron rod for corner; THENCE S 24° 45' W fos a distance of 534 ft. to an iron rod for corner in the southwest boundary line of the above described 15.40 acre tract; THENCE N 43° 28' 30" W along the 15.40 acre tract, for a distance of 305 ft. to an iron rodfor corner; THENCE N 24° 45' E fora distance of 389 feet to the point of beginning, containing 3.00 acres ^f land, more or less, a~eording tp survey prepared by Henry P. O'Neal, Registered Professional Engineer., on July 20, 1971. TO HAVE :AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto belonging or in anywise appertaining unto the said party of the second part,. and to his successor or successors in this trust forever. This conveyance is .intended as a trust to better secure the party of the third part in the payment of a certain promissory note for $ 16 , 700.00 executed by MILTON W. BELL and wife, JOYCE P. BELL ,and payable to the order of party of the third part, which said note is dated December 17 I9 71 and payable in accordance with the terms' and interest rate. as stipulated in said note. In .addition to installments as provided in said note, Grantor(s) agree(s) to pay .additional installments equiv- 'alent to one-twelfth (1/12) of the #otal amountrof annual taxes assessed against the property securing this .Deed of Trust and the annual premiums on insurance covering improvements thereon, in such amounts as required by the holder of said note, which said additional' installments shall be paid to and applied by such holder toward the discharge of -said taxes and insurance premiums. as same become due. In case of default in the payment of such installments the holder of said note may declare same due and payable. All payments for the purpose of discharging taxes and insurance not applied thereto by the holder maybe credited against principal and interest owing on the debt hereby secured. All improvements now in, on, or hereafter. placed in or on the above described property, such as garages, out-houses, chicken houses, fences, additional rooms or porches, cement or flag-stone walks or steps, shrubbery, trees, water heaters, plumbing and.: plumbing. fixtures, wall heaters, window shades, venetian blinds, attic fans, central heating, .cooling or ventilating systems, are .considered under this instrument as a part of the realty to which the lien herein granted' does attach, and they are not to be removed without the written .consent of the holder of the note secured `hereby. The Grantor(s) agree(s) to permit no waste and to keep. all improvements in good repair and to do nothing to said premises that might in any manner impair or weaken the security granted in this instrument. Da#e Reco.rdeci ,~ `~ ~' 7! °A ~0 cave ' ~~~ ~! DEC 21 ~~~'~ Part i es of the first part agree(s) to keep improvements on the above described property insured against fire,. tornado and hail damage in such amounts as required by the holder of the above descn°bed note in such companies .acceptable to said holder with .loss payable to holder of said note, .and to pay taxes .promptly as .they become due on said property herein descrbed, and upon failure to pay said taxes or premiums. for insur- anee as herein agreed, the holder of said note and lien may advance the payment of same adding such amounts to the debt hereby secured, .and the holder of said debt and lien shall be subrogated to the rights of the holder(s) of said-.debts and shall be secured by this deed of trust lien as a part of the debt evidenced by the above described note. Upon default in the payment of any installment covered by above described note and lien or upon failure to pay insurance premiums or taxes or to keep any of the .:conditions of this instrument and the note secured hereby, the above .named trustee, his successor or suceesors, shall be entitled at the request of the holder of said .note to take. possession of -the above described premises, the rent, income, and profits therefrom and to use the pproceeds for the nnaintenance and repairs o£ said property, the payment of insurance. premiums and taxes, and for any other purposes which may be necessary to preserve the lien. hereins granted: Byy taking possession under .this clause of this agreement such action shall not suspend or impair the rights of the holder of said note to authorize and proceed to have sold the above described property in accordance with the terms and provisions herein contained. Now, therefore, if the said. pa*+ i e s of the first. part shall promptly pay the installments of principal and interest on said note ,and: otherwise comply .with all the terms and conditions of said ngte and this instrument, then this instrument shall be null and void,. and shall be released at the cost of the parties of the first part, otherwise to remain in full force and ..effect.. If the said parties of the first part shall make default in the payment of anry sum or sums hereby secured, or otherwise fail. to perform any of the .conditions or provisions of this instrument, then the debt hereby secured shall, at the,:option of the pparty of the third part, or other holder of the debt hereby secured, to be exercised at any time after' said default, at once become due and payable and the said party of the second part and.his successor or, successors in ..this .trust. is hereby authorized, and it is made his special duty, at the request - of the:party of the third part, or other holder, of said. note--; to sell the above described property and prem- ises: to .the higghest bidder, for cash, at the Court House door in the County where said !premises are situated, at public vendue on. the first Tuesday in any month, .between the hours of 10 o'clock A. M. and 4 o'clock P. M., after .giving: publio notice of the time, place and terms of sale and the property to be sold, as required under the laws o e State of Texas, by posting written notices, one at the Court House"door of said County,; and two others in separate public places in said County; #or the length of ..time and. in the manner required by law, and to make to the purchaser or purchasers, a deed or deeds to the gremises so sold in their names or in the Trus- tee's name, or both, with absolute covenants of warranty, and to receive the proceeds of said sale and apply them as follows; First, to the payment of the costs and .expenses of .executing this trust; including 10 per cent Trustee's fee, which fee shall cover cost of advertising and conveying and counsE>T fee, as well as compensation; and :next, to the payment of all sums of money due for taxes, insurance or other charges that .may, have, bgen advanced under the terms of said note and this instrument, together with the interest thereon; and neat, to the payment of ,interest and .principal due on said note--, and to hold the remainder, if any, subject to the order of the; part ~ P G of the first part. The holder of the said note ,being the .highest bidder, may become' the purchaser at any sale` hereunder. In the event of the refusal or inability of the party of the second part to act as Trustee herein, the party of the third (part, or the legal holder of.:the note `hereby secured, shall have fuIl ppower to appoint a sub- stitute Trustee, in writing,,who shall have the same power and duties as are hereby dele ated to said party of the second part; and, in' the event that the substitute so named shall become disqualified, or for any reason shall fail to act, then power of substitution shall likewise survive, as hereinbefore provided, to the end that there shall always', be a Trustee ready tv execute this. trust, and this power of substitution shall be construed to mean that in the event that the said party of the second part, or any substitute appointed hereunder, shall advertise the property for sale hereunder and shall become disqualified or refuse to act after such advertisement and before sale, ,then that the substitute so appointed shall be authorized to .proceed to make the .said sale under the advertisement made by his predecessor. It is agreed and stipulated that in case of ..any sale hereunder, all prerequisites to a valid sale shall be pre- sumed to have been erformed, and that, in any conveyance given hereunder, either by the Trustee herein named or by 'any substitute Trustee, .all statements of fact, or other recitals therein made as to the non-pay- ment of the-money secured, or as to the request of the Trustee, or substitute Trustee, to_enforee his' trust, or as to the proper and due appointment of any substitute. Trustee or as to the posting of notices of sale, or as to the advertising of the sale, or `as to the time, place or manner of sale, or as to any other fact or thing, done or required to be done either by the Trustee or any substitute Trustee or by the payee, or any holder of said note as a prerequisite to a valid sale, shall be taken in all courts of law and equity a§ prima facie 'evidence that the facts so stated ar recited' are true; but failure of the Trustee or substitute Trustee to recite in such conveyance he performance of any fact or act prerequisite to a valid sale shall in no wise impair the prima facie validity of the sale evidenced by such conveyance or render such' conveyance inadmissible as '.evidence .both of the sale and. validity thereof. It is agreed that in the event of the foreclosure and sale of the premises. hereby .conveyed in trust by the above named Trustee, or .:any substitute Trustee, where such sale is made for the purpose of satisfying the balance due on the indebtedness hereby secured,-the purchaser at such Trustee's sale shall be `entitled to immediate possession of said premises, .and the Grantor(s) herein, .their heirs, assigns.,or tenants in said prop- erty shall be construed to be tenants. at will 'of such purchaser and an action of forcible entry,and detainer on behalf ' of such purchaser at Trustee's sale against the' parties in possession of said premises will lie. The part~i e5of the first part hereby agree- to pay and here authorize the Trustee to pay fdr additional abstracts and certified copies necessary or convenient in any renewal of the debt secured by said lien or in foreclosing said lien or in disposing of said en or property. na 1~ ' THIS DEED OF TRUST is given to secure a Note.. of even date herewith in the principal sum of X16,700.00, given in renewa and extension ^f the .balance due 'an one certain Mechanic's Lien Note in the original principal sum of $18,000.00 dated August 23, 1971, executed by Milton W. Dell and wife,. Joyce P. Bell, payable to the order of Spearman Homes, Inc., and therein assigned to The City National Bank of Bryan, Bryan, Texas., secured by a Mechanic's Lien Contract of even date ^f said note, of record in Uolume 34, page 817, MML Records of Brazos County, Texas, to which reference is here made for more particular description of the -land, lien and note, and the recitals therein. contained. Said note and lien have been in due course transferred and assigned to Community Savings & Loan Rssociation as shown by Transfer of even date herewith, and renewed herein n~the sum of 9~16,70D.00, and the original lien is .hereby renewed and extended. IN WITNESS WHEREOF, the parties of the first part h~ ye , hereunto subscribed their ~ name ~ on the day and date first ab~yove~writt/en. d /' l L/(O i an e -~l~,~o ~0~00 J . e THE STATE OF TEXAS ~ l coUNTY.o'~ BRAZ05 BEFORE ME, the undersigned authority, a Notazy Public in and for Brazos County, Texas, on this day personally appeared MILTON W, BELL and wife, JOYCE P. BELL ____ known to r~e eo be the person_ s whose h~~~subscribed to the foregoing instrument, and acknowledged to me that 1~executed the same for the purposes and consideration therein, expressed. Giv~;n~`tindei''n~y, hand and seal of office,. this ~2'°' d o D ec em ei~ ~;' I9 71 r ,~ ~~/,., f 1 •~ Notar Public in a o Cou ty, Texas ~~ ~ ~ Q ~~ ~F ~ ,R f'. . ~~ THE STA`1'~7~•OF 'TEXAS cot~cwrx or- ~ BEFORE ME, the undersigned authority, a Notary Public in and for County, Texas, on This day personally appeared and wife of said known to me to be the persons whose :names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the' purposes and consideration therein expressed. And the said wife of said having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said '~ ,acknowledged such instrument to be her act and deed, and declared that she had willingly signed the same for the purposes. and consideration. therein expressed, and that she did not wish to retract i.t. Given under my hand and seal of office, this day of 19 Notary Public in and for ~ county, Texas L. S. THE STATE OF TEXAS COUNTY CLERK'S CERTIFICATE CvUN'I'1 OF ~ I, Clerk of the County Court of said County do hereby certify that the above instrument of .writing, dated on the day of 19-, with its Certificate of~ Authentication, was filed for record in my office this day of A. D. 19_-, at o'clock -.M., and duly, recorded '.the day of A. D. 19~, at o'clock _.M., in the. Deed of Trust and Mortgage Records of said County,,in Vol. on Page S7ATi ~ .TEXAS'. ) COIJNT;Y OF BRAZOS ) ~- Frank Boriskie, Clerk of the County Court iri and fol' B~r~o~ County, Texas, do hereby certify that this instrumeritiNa~: FIB; ' on the date and at the time stamped hereon and R~CO~ta.~C?i~o' thevolumeantl page of the~~T'_'Records of -said C~aun'tjot~rt' the datestamped hereon. <,- Franke Boriskie, Gounty Clerk Brazos County,, T.exasn ~ $Y.~jQ'r-a .f_____ °~~, Deputy,"~ ' N F vs 0 ~ H Z ~ ~ ~ ~z,~ Q o ,. o ~ ~ ~, ~ ~~~~~ _ ZO ~ ~ • ~rl m j Fi s W A ~ ~I r7 ~ ~ , ~ ~ ~ ~ f o V ~ ~ T`I q 0 U a~ a U ~ H H ~ ~ v . w ° o a~ w rC o ~ A w ~ o o ~o Mortgagor Loan No. DEED OF TRUST ~. „~, . ~~ E ~. o A U ,~ ~ ~ U W W O ' ,.~ ~ I szti z .4 C m a U U 07