parcel c: 632 +/- acres | eureka, ks...

Parcel C: 632 +/- Acres | Eureka, KS 67045

AUCTION: Friday, August 18th @ 12:00 PM

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Table of Contents

MCCURDYAUCTION.COM · 12041 E. 13TH ST. N. · WICHITA, KS · 67206 · (316) 683-0612 · (800) 544-4489

TERMS AND CONDITIONSThank you for participating in today’s auction. The auction will be conducted by McCurdy Auction, LLC (“McCurdy”) on behalf of the owner of the real estate (the “Seller”). The real estate offered for sale at auction (the “Real Estate”) is fully described in the Contract for Purchase and Sale, a copy of which is available for inspection from McCurdy.

1. Any person who registers or bids at this Auction (the “Bidder”) agrees to be bound by these Terms and Conditions, the auction announcements, and the Contract for Purchase and Sale.

2. The Real Estate is not offered contingent upon inspections. The Real Estate is offered at public auction in its present, “as is where is” condition and is accepted by Bidder without any expressed or implied warranties or representations from Seller or McCurdy, including, but not limited to, the following: the condition of the Real Estate; the Real Estate’s suitability for any or all activities or uses; the Real Estate’s compliance with any laws, rules, ordinances, regulations, or codes of any applicable government authority; the Real Estate’s compliance with environmental protection, pollution, or land use laws, rules, regulations, orders, or requirements; the disposal, existence in, on, or under the Real Estate of any hazardous materials or substances; or any other matter concerning the Real Estate. It is incumbent upon Bidder to exercise Bidder’s own due diligence, investigation, and evaluation of suitability of use for the Real Estate prior to bidding. It is Bidder’s responsibility to have any and all desired inspections completed prior to bidding including, but not limited to, the following: roof; structure; termite; environmental; survey; encroachments; groundwater; flood designation; presence of lead-based paint or lead based paint hazards; presence of radon; presence of asbestos; presence of mold; electrical; appliances; heating; air conditioning; mechanical; plumbing (including water well, septic, or lagoon compliance); sex offender registry information; flight patterns; or any other desired inspection. Bidder acknowledges that Bidder has been provided an opportunity to inspect the Real Estate prior to the auction and that Bidder has either performed all desired inspections or accepts the risk of not having done so. Any information provided by Seller or McCurdy has been obtained from a variety of sources. Seller and McCurdy have not made any independent investigation or verification of the information and make no representation as to its accuracy or completeness. In bidding on the Real Estate, Bidder is relying solely on Bidder’s own investigation of the Real Estate and not on any information provided or to be provided by Seller or McCurdy.

3. Notwithstanding anything herein to the contrary, to the extent any warranties or representations may be found to exist, the warranties or representations are between Seller and Bidder. McCurdy may not be held responsible for the correctness of any such representations or warranties or for the accuracy of the description of the Real Estate.

4. There will be a 10% buyer’s premium ($1,500.00 minimum) added to the final bid. The buyer’s premium, together with the final bid amount, will constitute the total purchase price of the Real Estate.

5. The Real Estate is not offered contingent upon financing.

6. In the event that Bidder is the successful bidder, Bidder must immediately execute the Contract for Purchase and Sale and tender a nonrefundable earnest money deposit in the form of cash, check, or immediately available, certified funds and in the amount set forth by McCurdy. The balance of the purchase price will be due in immediately available, certified funds at closing on the specified closing date. The Real Estate must close within 30 days of the date of the auction, or as otherwise agreed to by Seller and Bidder.


7. Auction announcements take precedence over anything previously stated or printed, including these Terms and Conditions.

8. A bid placed by Bidder will be deemed conclusive proof that Bidder has read, understands, and agrees to be bound by these Terms and Conditions.

9. These Terms and Conditions, especially as they relate to the qualifications of potential bidders, are designed for the protection and benefit of Seller and do not create any additional rights or causes of action for Bidder. On a case-by-case basis, and at the sole discretion of Seller or McCurdy, exceptions to certain Terms and Conditions may be made.

10. In the event Bidder is the successful bidder at the auction, Bidder’s bid constitutes an irrevocable offer to purchase the Real Estate and Bidder will be bound by said offer. In the event that Bidder is the successful bidder but fails or refuses to execute the Contract for Purchase and Sale, Bidder acknowledges that, at the sole discretion of Seller, these signed Terms and Conditions together with the Contract for Purchase and Sale executed by the Seller are to be construed together for the purposes of satisfying the statute of frauds and will collectively constitute an enforceable agreement between Bidder and Seller for the sale and purchase of the Real Estate.

11. It is the responsibility of Bidder to make sure that McCurdy is aware of Bidder’s attempt to place a bid. McCurdy disclaims any liability for damages resulting from bids not spotted, executed, or acknowledged. McCurdy is not responsible for errors in bidding and Bidder releases and waives any claims against McCurdy for bidding errors. Once a bid has been acknowledged by the auctioneer, the bid cannot be retracted.

12. Bidder authorizes McCurdy to film, photograph, or otherwise record the voice or image of Bidder and any guest or minor accompanying Bidder at this auction and to use the films, photographs, recordings, or other information about the auction, including the sales price of the Real Estate, for promotional or other commercial purposes.

13. Broker/agent participation is invited. Broker/agents must pre-register with McCurdy no later than 5 p.m. on the business day prior to the auction by completing the Broker Registration Form, available on McCurdy’s website.

14. McCurdy is acting solely as agent for Seller and not as an agent for Bidder. McCurdy is not a party to any Contract for Purchase and Sale between Seller and Bidder. In no event will McCurdy be liable to Bidder for any damages, including incidental or consequential damages, arising out of or related to this auction, the Contract for Purchase and Sale, or Seller’s failure to execute or abide by the Contract for Purchase and Sale.

15. Neither Seller nor McCurdy, including its employees and agents, will be liable for any damage or injury to any property or person at or upon the premises. Any person entering on the premises assumes any and all risks whatsoever for their safety and for any minors or guests accompanying them. Seller and McCurdy expressly disclaim any “invitee” relationship and are not responsible for any defects or dangerous conditions on the premises, whether obvious or hidden. Seller and McCurdy are not responsible for any lost, stolen, or damaged property.

16. To the extent permitted under applicable law, McCurdy has the right to establish all bidding increments.

17. McCurdy may, in its sole discretion, reject, disqualify, or refuse any bid believed to be fraudulent, illegitimate, not in good faith, made by someone who is not competent, or made in violation of these Terms and Conditions or applicable law.


18. Bidder represents and warrants that they are bidding on their own behalf and not on behalf of or at the direction of Seller.

19. The Real Estate is offered for sale to all persons without regard to race, color, religion, sex, handicap, familial status, or national origin.

20. These Terms and Conditions are binding on Bidder and on Bidder’s partners, representatives, employees, successors, executors, administrators, and assigns.

21. In the event that any provision contained in these Terms and Conditions is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions of the Terms and Conditions will not be in any way impaired.

22. These Terms and Conditions are to be governed by and construed in accordance with the laws of Kansas, but without regard to Kansas’s rules governing conflict of laws. Exclusive venue for all disputes lies in either the Sedgwick County, Kansas District Court or the United States District Court in Wichita, Kansas. Bidder submits to and accepts the jurisdiction of such courts.

V - 07/17

ALL FIELDS CUSTOMIZABLE AUCTIO

MLS # 538658Class LandProperty Type FarmCounty GreenwoodArea GRN - Greenwood CountyAddress 1616 W 200th St - Parcel CAddress 2City EurekaState KSZip 67045Status ActiveContingency ReasonAsking Price $0For Sale/Auction/For Rent AuctionAssociated Document Count 0

GENERALList Agent - Agent Name andPhone

BRADEN MCCURDY - OFF: 316-683-0612

List Office - Office Name andPhone

McCurdy Auction, LLC - OFF: 316-683-0612

Co-List Agent - Agent Name andPhoneCo-List Office - Office Name andPhoneShowing Phone 3169457400Zoning Usage AgricultureParcel ID 20305-00000001.00-0Number of Acres 632.90Price Per AcreLot Size/SqFt 27569124School District Eureka School District (USD 389)Elementary School MarshallMiddle School MarshallHigh School Eureka Jr/SrSubdivision NONE LISTED ON TAX RECORDLegal BACHELOR TOWNSHIP, S08, T25,

R11E, ALL SEC LESS R/W SECTION08 TOWNSHIP 25 RANGE 11E.

List Date 6/22/2017Realtor.com Y/N YesDisplay Address YesVOW: Allow AVM YesVOW: Allow 3rd Party Comm YesSub-Agent Comm 0Buyer-Broker Comm 3Transact Broker Comm 3Variable Comm Non-VariableVirtual Tour Y/NDays On Market 29Cumulative DOM 29Cumulative DOMLSInput Date 7/20/2017 6:33 PMUpdate Date 7/21/2017Off Market DateStatus Date 7/20/2017HotSheet Date 7/20/2017Price Date 7/20/2017

DIRECTIONSDirections (Eureka) US-54 & Main St - North to 7th St/N State St, East to Co Rd 7/Lake Rd, North to Township Rd 307, East to R Rd/Township Rd 315,

North to 200th, East to property.

FEATURESSHAPE / LOCATIONRectangular

TOPOGRAPHICPond/LakeRollingTreeline

PRESENT USAGEPasture

ROAD FRONTAGEDirt

UTILITIES AVAILABLEElectricityPrivate WaterPropane

IMPROVEMENTSFarm HouseFencingOther/See Remarks

OUTBUILDINGSGarageLivestock BarnLivestock PensStable

MISCELLANEOUS FEATURESMineral Rights IncludedOther/See Remarks

DOCUMENTS ON FILEDocuments Online

FLOOD INSURANCEUnknown

SALE OPTIONSOther/See Remarks

PROPOSED FINANCINGOther/See Remarks

POSSESSIONAt Closing

SHOWING INSTRUCTIONSCall Showing #

LOCKBOXNone

AGENT TYPESellers Agent

OWNERSHIPTrust

TYPE OF LISTINGExcl Right w/o Reserve

HOUSE FEATURESMobile Home16-30 Years2 Bedrooms

FINANCIALAssumable Y/N NoGeneral Taxes $1,553.58General Tax Year 2016Yearly Specials $0.00Total Specials $0.00HOA Y/N No

Yearly HOA Dues $0.00

http://sckmls.paragonrels.com/ParagonLS/Integration/Integration.mvc/ThirdParty/538658/127








http://sckmls.paragonrels.com/ParagonLS/Integration/Integration.mvc/ViewSupra/538658/135


Yearly HOA Dues $0.00HOA Initiation Fee 0.00Earnest $ Deposited With McCurdy Auction LLC Trust

PUBLIC REMARKSPublic Remarks REAL ESTATE AUCTION TO BE HELD ON FRIDAY AUGUST 18TH @ NOON PARCEL C: 632+/- acres of pasture grounds with two

large outbuildings and 1981 14' x 64' Skyline manufactured home. 20' x 40' Wick building/garage with concrete floors and automatic 2-car garage door. Livestock area with pipe metal corrals, chutes, corral and barn with 4 horse stalls, tack room, storage and loft.Manufactured home features 2-Bedrooms, 1-Bath with large open floor plan and sun room. Property is ideally situated for cattlegrazing, horse pasture or future homestead and features pipe metal and wire fencing, rolling hills, pond and shade trees. Located just 7miles from Eureka City Lake. Mineral rights transfer. Pasture contract for Parcels A, B and C through October 31, 2017. Gross Income:$40,480.00/year ($23 per acre). Auction to be conducted off-site at the El Dorado Civic Center located at 201 E. Central Ave, ElDorado, KS 67042. Online bidding available. | "FEMA has not completed a study to determined flood hazard for the selected location;therefore; a flood map has not been published at this time." | *Annual gross income for all three parcels (A,B and C - totaling 1,760+/-acres). | All personal property transfers with the property. *Buyer should verify school assignments as they are subject to change. Thereal estate is offered at public auction in its present, “as is where is” condition and is accepted by the buyer without any expressed orimplied warranties or representations from the seller or seller’s agents. It is incumbent upon buyer to exercise buyer’s own due diligence,investigation, and evaluation of suitability of use for the real estate prior to bidding. It is buyer’s responsibility to have any and all desiredinspections completed prior to bidding including, but not limited to, the following: roof; structure; termite; environmental; survey;encroachments; groundwater; flood designation; presence of lead-based paint or lead based paint hazards; presence of radon; presenceof asbestos; presence of mold; electrical; appliances; heating; air conditioning; mechanical; plumbing (including water well, septic, orlagoon compliance); sex offender registry information; flight patterns, or any other desired inspection. Any information provided or to beprovided by seller or seller’s agents was obtained from a variety of sources and neither seller nor seller’s agents have made anyindependent investigation or verification of such information and make no representation as to the accuracy or completeness of suchinformation. Auction announcements take precedence over anything previously stated or printed. Total purchase price will include a 10%buyer’s premium ($1,500.00 minimum) added to the final bid. The real estate will be open for previewing one hour prior to the real estateauction, or by scheduled appointment. Earnest money is due from the high bidder at the auction in the form of cash, check, orimmediately available, certified funds in the amount $25,000.00.

AUCTIONType of Auction Sale ReserveMethod of Auction Live w/Online BiddingAuction Location 201 E. Central, El DoradoAuction Offering Real Estate OnlyAuction Date 8/18/2017Auction Start Time NoonBroker Registration Req YesBroker Reg Deadline 8/17 @ 5PMBuyer Premium Y/N YesPremium Amount 10.00Earnest Money Y/N YesEarnest Amount %/$ 25,000.00

1 - Open for Preview Yes1 - Open/Preview Date 8/18/20171 - Open Start Time 11:00 AM1 - Open End Time2 - Open for Preview2 - Open/Preview Date2 - Open Start Time2 - Open End Time3 - Open for Preview3 - Open/Preview Date3 - Open Start Time3 - Open End Time

TERMS OF SALETerms of Sale

PERSONAL PROPERTYPersonal Property

ADDITIONAL PICTURES

DISCLAIMERThis information is not verified for authenticity or accuracy and is not guaranteed. You should independently verify the information before making a decisionto purchase. © Copyright 2016 South Central Kansas MLS, Inc. All rights reserved.

Title Insurance CommitmentISSUED BY

First American Title Insurance Company

CommitmentINFORMATION

The Title Insurance Commitment is a legal contract between youand the Company. It is issued to show the basis on which we willissue a Title Insurance Policy to you. The Policy will insure youagainst certain risks to the land title, subject to the limitationsshown in the Policy.

The Company will give you a sample of the Policy form, if you ask.

The Commitment is based on the land title as of the CommitmentDate. Any changes in the land title or the transaction may affect theCommitment and the Policy.

The Commitment is subject to its Requirements, Exceptions andConditions.

THIS INFORMATION IS NOT PART OF THE TITLEINSURANCE COMMITMENT. YOU SHOULD READ THECOMMITMENT VERY CAREFULLY.

If you have any questions about the Commitment, contact:FIRST AMERICAN TITLE INSURANCE COMPANY1 First American Way, Santa Ana, California 92707

TABLE OF CONTENTS

AGREEMENT TO ISSUE POLICY 1

CONDITIONS 2

SCHEDULE A 3

1. Commitment Date

2. Policies to be issued, Amounts

and Proposed Insureds

3. Interest in the Land and Owner

4. Description of the Land

SCHEDULE B-I - REQUIREMENTS 5

SCHEDULE B-II - EXCEPTIONS 7

AGREEMENT TO ISSUE POLICY

We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposedinsured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A.If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under thisCommitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under thePolicy.Our obligation under this Commitment is limited by the following:

The Provisions in Schedule A.·The Requirements in Schedule B-I.·The Exceptions in Schedule B-II.·The Conditions on Page 2.·

This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B.

First American Title Insurance CompanyIssuing Agent:

414 E. RiverEureka, KS 67045Title Officer: Rita AnelloPhone: 620-583-5020Email: [email protected]

Dennis J. GilmorePresident

Jeffrey S. RobinsonSecretary

(This Commitment is valid only when Schedules A and B are attached) This jacket was created electronically and constitutes an original documentCopyright 2006-2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.

Form 5011020 (7-1-14) Page 1 of 10 ALTA Plain Language Commitment (6-17-06)

Kansas

CONDITIONS

1.DEFINITIONS

(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title recordsthat give constructive notice of matters affecting your title according to the state statutes where your Land is located.

2.LATER DEFECTS

The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appearfor the first time in the public records or are created or attach between the Commitment Date and the date on which allof the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of thisamendment.

3.EXISTING DEFECTS

If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amendSchedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall beliable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing.

4.LIMITATION OF OUR LIABILITY

Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements.If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limitedto your actual loss caused by your relying on this Commitment when you acted in good faith to:

Comply with the Requirements shown in Schedule B - Section I

Or

Eliminate with our written consent any Exceptions shown in Schedule B - Section II.

We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability issubject to the terms of the Policy form to be issued to you.

5.CLAIMS MUST BE BASED ON THIS COMMITMENT

Any claim, whether or not based on negligence, which you may have against us concerning the title to the Land mustbe based on this Commitment and is subject to its terms.

Form 5011020 (7-1-14) Page 2 of 10 ALTA Plain Language Commitment (6-17-06)

Kansas



Schedule AISSUING AGENT

File No: 2219233Title Officer: Rita Anello, Phone: 620-583-5020, Email: [email protected]

1. Commitment Date: July 7, 2017, at 7:30 a.m.

2. Policy (or Policies) to be issued: Amount

a. ALTA Owner's Policy of Title Insurance (6-17-06):Proposed Insured: To Be Determined

b. ALTA Loan Policy of Title Insurance (6-17-06):Proposed Insured:

3. Fee Simple interest in the Land described in this Commitment is owned, at the Commitment Date, by

Commerce Trust Company, a division of Commerce Bank, Executor of the Estate of Marilyn Sue Smith, deceased

4. The land referred to in this Commitment is described as follows:

SEE ATTACHED EXHIBIT "A"

Form 5011020-A (7-1-14) Page 3 of 10 ALTA Plain Language Commitment (6-17-06)

Kansas – Schedule A

EXHIBIT "A"

TRACT 1The South Half (S2) and the Northwest Quarter (NW4) of Section 7, Township 25 South, Range 11 East of the 6th P.M.,Greenwood County, Kansas.

TRACT 2All of Section 8, Township 25 South, Range 11 East of the 6th P.M., Greenwood County, Kansas.

TRACT 3All of Section 18, Township 25 South, Range 11 East of the 6th P.M., Greenwood County, Kansas.

Form 5011020-A (7-1-14) Page 4 of 10 ALTA Plain Language Commitment (6-17-06)

Kansas – Schedule A



Schedule BIISSUING AGENT


REQUIREMENTS

The following requirements must be met:

(A)Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.

(B)Pay us the premiums, fees and charges for the policy.

(C)Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered andrecorded:

(D)You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who willmake a loan on the land. We may then make additional requirements or exceptions.

Case No. 16PR 967; In the Matter of the Estate of Marilyn Sue Smith, deceased; Petition for Probate of Will and Issuance(E)of Letters Testamentary filed November 8, 2016 by Eric S. Parkhurst, Attorney (316-263-8294); Order Admitting Will toProbate filed November 22, 2016 wherein The Commerce Trust Company, a division of Commerce Bank, a MissouriBanking Corporation, Wichita, Kansas, named Executor; Letters Testamentary filed November 22, 2016; We require:

File transcript of Case No. 16PR967 in Greenwood County District Court.

File a Executor's Deed from Commerce Trust Company, a division of Commerce Bank, Executor of the Estate of Marilyn(F)Sue Smith, deceased to To Be Determined.

The application for title insurance does not give the name of the prospective purchaser. We reserve the right to make any(G)additional requirements we deem necessary when such name is ascertained.

Recording Information for Greenwood County, Kansas:(H)

Recording Fees for documents recorded on or after January 1, 2017 but prior to January 1, 2018:Deed $18.00 first page, $14.00 each additional page thereafterMortgage $18.00 first page, $14.00 each additional page thereafter

(This fee shall not exceed $125.00 for recording single family mortgages on principal residenceswhere the principal debt or obligation is $75,000 or less.)

Mortgage Tax $0.10 per each $100.00 of loan amountMortgage Release $17.00 first page, $4.00 each additional page thereafter

The State of Kansas requires that any deed transferring real estate must be accompanied by the Real EstateValidation Questionnaire. This form must be executed by either the Grantor (Seller) or the Grantee (Buyer).

Form 5011000-BI (7-1-14) Page 5 of 10 ALTA Plain Language Commitment (6-17-06)

Schedule BI

Certain exemptions do apply. The official form can be obtained from the Register of Deeds, or from Security1st Title. Photocopies of the official form will not be accepted.

Form 5011000-BI (7-1-14) Page 6 of 10 ALTA Plain Language Commitment (6-17-06)

Schedule BI



Schedule BIIISSUING AGENT


EXCEPTIONS

Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction.

1.Right or claims of parties in possession not shown by the Public Records.

2.Easements, or claims of easements, not shown by the Public Records.

3.Any encroachment, encumbrance, violation, variation or adverse circumstances affecting Title that would be disclosed by anaccurate and complete survey of the Land or that could be ascertained by an inspection of the Land.

4.Any lien, or right to lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by thePublic Records.

5.Taxes, or special assessments, if any, not shown as existing liens by the Public Records.

6.Loss or damage by reason of there being recorded in the Public Records, any deeds, mortgages, lis pendens, liens or other titleencumbrances subsequent to the commitment date and prior to the effective date of the final Policy.

General taxes and special assessments for the fiscal year 2016 in the original amount of $918.02.7.First Installment: $459.01, PaidSecond Installment: $459.01, PaidProperty I.D. # 1-02837PIN #1-02837 (As to Tract 1)

General taxes and special assessments for the fiscal year 2016 in the original amount of $1,553.58.8.First Installment: $776.79, PaidSecond Installment: $776.79, PaidProperty I.D. # 1-02838PIN #1-02838 (As to Tract 2)

General taxes and special assessments for the fiscal year 2016 in the original amount of $1,207.26.9.First Installment: $603.63, PaidSecond Installment: $603.63, PaidProperty I.D. # 1-02825PIN #1-02825 (As to Tract 3)

Terms and provisions of the oil and gas leases executed between Marilyn S. Smith, a single person, aka Marilyn Sue10.Smith, lessor, and Fancher Resources, LLC, lessee, filed August 25, 2003, recorded in/on Lease Book 50, Page 191,together with all subsequent assignments and conveyances.

Form 5011020-BIIGAP (7-1-14) Page 7 of 10 ALTA Plain Language Commitment (6-17-06)

Kansas – Schedule BIIGAP

NOTE: If there is no production of oil and gas from all of the property covered by the above lease; if any setterms including options to renew in the lease have expired; and if a properly executed Affidavit ofNon-Production is recorded, the above exception will not appear on the policy to be issued. Said Affidavitmust include the same land covered in the Lease.

An easement for Water line and appurtenances, recorded as Misc. Book 51, Page 443.11.In favor of: Rural Water District No. 2, Greenwood County, KansasAffects: West 20 feet of Section 8, Township 25, Range 11 East

A document entitled Declaration of Abandonment recorded January 19, 1978 in/on Misc. Book 39, Page 49.12.

The application for title insurance does not give the name of the prospective purchaser. When such name is ascertained,13.the records must be searched for possible judgments. If the purchaser is to be an entity other than a natural person orpersons, certain additional requirements may be necessary.

The actual value of the estate or interest to be insured must be disclosed to the Company, and subject to approval by the14.Company, entered as the amount of the policy to be issued. It is agreed that, as between the Company, the applicant forthis commitment, and every person relying on this commitment, the amount of the requested policy will be assumed tobe $1,000.00, and the total liability of the Company on account of this commitment shall not exceed that amount, untilsuch time as the actual amount of the policy to be issued shall have been agreed upon and entered as aforesaid, and theCompany's applicable insurance premium charge for same shall have been paid.

Form 5011020-BIIGAP (7-1-14) Page 8 of 10 ALTA Plain Language Commitment (6-17-06)

Kansas – Schedule BIIGAP

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We Are Committed to Safeguarding Customer InformationIn order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do withsuch information – particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore,together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information.

ApplicabilityThis Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source,such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal informationregardless of its source. First American calls these guidelines its Fair Information Values.

Types of InformationDepending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:

Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;·Information about your transactions with us, our affiliated companies, or others; and·Information we receive from a consumer reporting agency.·

Use of InformationWe request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information tononaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such informationindefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customeranalysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financialservice providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisalcompanies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that performmarketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements.

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Information Obtained Through Our Web SiteFirst American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet.In general, you can visit First American or its affiliates’ Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web serverscollect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similarinformation. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site.There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know atthe time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you toaccess specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above.

Business RelationshipsFirst American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect forprivacy, we are not responsible for the content or the privacy practices employed by other sites.

CookiesSome of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of datathat a Web site can send to your browser, which may then store the cookie on your hard drive.FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningfuland productive Web site experience.--------------------------------------------------------------------------------Fair Information ValuesFairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefitsand consumer privacy.Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an openpublic record and emphasize its importance and contribution to our economy.Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination ofdata.Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurateinformation. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneousdata so that the consumer can secure the required corrections.Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct ouremployees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsiblemanner.Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.

Form 50-PRIVACY (7-1-14) Page 9 of 10 Privacy Information (2001-2010 First American Financial Corporation)

PRIVACY POLICY

WHAT DOES SECURITY 1ST TITLE DOWITH YOUR PERSONAL INFORMATION?

Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal andapplicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Pleaseread this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf ofSecurity 1ST Title, LLC, pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA).

The types of personal information we collect and share depend on the product or service that you have sought throughus. This information can include social security numbers and driver's license number.

All financial companies, such as Security 1st Title, need to share customers' personal information to run their everydaybusiness—to process transactions and maintain customer accounts. In the section below, we list the reasons that wecan share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.

Reasons we can share your personal information Do we share? Can you limit this sharing?

For our everyday business purposes— to process your transactions andmaintain your account. This may include running the business and managingcustomer accounts, such as processing transactions, mailing, and auditingservices, and responding to court orders and legal investigations.

Yes No

For our marketing purposes— to offer our products and services to you. Yes No

For joint marketing with other financial companies No We don't share

For our affiliates' everyday business purposes— information about yourtransactions and experiences. Affiliates are companies related by commonownership or control. They can be financial and nonfinancial companies.

Yes No

For our affiliates' everyday business purposes— information about yourcreditworthiness.

No We don't share

For our affiliates to market to you Yes No

For nonaffiliates to market to you. Nonaffiliates are companies not related bycommon ownership or control. They can be financial and nonfinancial companies.

No We don't share

We may disclose your personal information to our affiliates or to nonaffiliates as permitted by law. If you request atransaction with a nonaffiliate, such as a third party insurance company, we will disclose your personal information to thatnonaffiliate. (We do not control their subsequent use of information, and suggest you refer to their privacy notices.)

Sharing practices

How often does Security 1st Title notify meabout their practices?

We must notify you about our sharing practices when you request a transaction.

How does Security 1st Title protect my personalinformation?

To protect your personal information from unauthorized access and use, we use security measures that

comply with federal and state law. These measures include computer, file, and building safeguards.

How does Security 1st Title collect my personalinformation?

We collect your personal information, for example, when you

request insurance-related servicesprovide such information to us

We also collect your personal information from others, such as the real estate agent or lender involved inyour transaction, credit reporting agencies, affiliates or other companies.

What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, wedo not share your personal information in those instances.

Contact UsIf you have any questions about this privacy notice, please contact us at:Security 1st Title, 727 N. Waco, Suite 300, Wichita, KS 67203.

Page 10 of 10 Security 1st Title Privacy Policy

\t/

STATE OF KANSAS

cnruuwooD co. ss

ttris instrument rvas filed- crn this'L5

ilrv otj*rs#st ZOa 7-*at t 6 : t 6

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PRODUCERS 8&PAID UPKansas CBM Fonn

Prospect: Eureka OIL AI\D GAS LEASE

This Agreement, made and entered into this 9th day of July,2003,by and betweenULSrelF.q

Marilvn S. Smltb a sinqlc penon, e/k/e Merilyn Sue Smith

whose address is 761Co res Wichita. KS 67212hercinafter called Iessor (wheiher one or more) and fucner-nAiffiwhose address is lt0l Broadrvrv. Suite 720. Denver. Colorado 80202 hereinafter called kssee:

WITNEJSETII, Thal the l.,essu, for and in considoration of TEN AND lvlORE ( q10.00 +) DOLLARS cash in hand pai4 the rec€iptandsuffciency are-hereby acknriwledged, and th€ covenants@ rras grantea, iemisea, r*i"o i"ra r"qriaby these presents does

-grant, demise, lease and letexclusively unto the said I-ess€€, the land hereinaftei described, with the exclusive iightfor the purpoee.of e4rloring by geophysical'and odrer mahods, and operating for and producing therefrom oil, gas, and other hydrqcarbols11d { other minerals or substances, whether simila or dissimilar, inaludint but not limited ro, coalbed methii-e, Lelium, nitrogen, carbondioxide, and all subsrances_produced in association therewith tom coal bearing firmations or elsewhere, that may be produ-ced foln any wolldr-illed under the terms oflhis leasg with_rights ofway and easements fur laying pipe lines and seMcing or drilliirg otirer wells in the vicinityofsaid lands, and erection ofstructures tlor€on_ to produoe, sav€ and take Lare bfsaid productr, including the rilht to i4lect salt water aniproduction flui-d! into sfata belorr. those providing Aosh water Aom wells located on ihe herein leased linds oion adj;ent lands, all thatg-ertain lr?ct of land togcther with any reversionary, remaindermen and executory rights thercin, situaled in Greenu6od County, State ofKensas described as follows, to-wit

Townshlo 25 South Ranoe l{ EastSec 7: The South Half (5112) and the Northwest Quarter (NW1/4)Sec 8: AllSec '18: All

Containing 1760 acres more or less

And containing !f@ . acres, -mor9

o1 l-gg,logether with all strips or parcols of land (no! however, to bc construed to include parcelscomprising a regular 40-acr_e legal subdivision or lot ofapproximately iorresponding size; ad.loining or contiguous to the above deiuibedland and owned or claimed by Lessor.

1.- It is agreed lhat this lease shall remain in force for a termof[!yg[!t years tom this datc and as long thereafter as oil or gas ofwhatsoe-ver nsture or kind is produced fiom said leased premises or on aqeage pooled therewith, or driiling operations areiontinued ashereinafter prwide.d- If, at the expiratio_n of the primary term ofthis lease, oil oi gas is not being produced-on-the leased premises or onacroage pooled therewith but lessee is then engaged in drilling or re-working operatiors thereon, then this lease shall continue in force solong.as operations are being continuously proiecuted on theleased premises br on acreage po-oled therewith; and operations shatl beconsidered to be continuously prosecutod ifnot more than ninety (90) &ys shall elapse between the compleion oi abandonment ofono welland the beginning ofoperations for thedrilling-ofa subsequentl,ell- lf after disLovery of oil or gas on said land or on acreage pooledtherewith, the production thereofshould cease fiom any cause after the primar5r term, this lease shall not terminate iflessee coinmencesadditional drilling o-r ltwoJking opeldions within ninety (90) dap from date ofcessation ofproduction or fiom daie ofcompletion ofdryhole. Ifoil or- gas shall b€ dismvered and pmduced as a result ofsuch operations at or affer the expiration ofthe primary terni ofthis leas6,this lease shall continue in furce so long as oil or gas is produoed fom tire leased premises or on icreage pooled therewith.

2. This is a PAID-UP LEASE. ln consideration ofthe down cash paymen! I-essor agrees that kssee shall not be obligated, except asotherwiso provided hereiq to commence or continue any operations duringthe primaryterm. kssee inay at anytime or timei during or after!rc Primary term surrendcr lfiis leaso as to all or any portion ofsaid land and as to any strata or stratum by delivering to Lessor or by filingfur record a rolease or releases, and be relieved ofall obligation thereafter acbruing as to the aoreage surrendered-

3. In-corsideratio[ ofthe premises the said I-e8see covenants and agrees:I r. To deliver io fie ffedit of lesror, fee of cost, in lho pipe line-to o,hl"h t^."u *uy connect wells on said lan{ the equal one-eighth

-. (l/E) pan ofall oil produced and saved from the leased premises.2oo. To-pEr Leeso-r one-cighth (l/E) oflho n€t proc€eds d thCwell Aom proceeds received for gas sold fiom each well whero gas only_ is found, or the market value at the w6ll ofsuch gas used offthe premises.

3''. To pay I-c-ssor on€leightr (l/8) ofthe market valus at tho well fir gas produced Aom any oil well and used offthe prernises, or for-. lhe manufrcture ofcasing-head gasoline or dry commercial gas.

4-. To pay bssor onaeighth (l/t) ofthe proceeds received ftom the sale of any substaoce covered by this lease, other than oiland gas and the products thereof, which Lessee may elect to produce; save, and market fiom the loased premises.

0136 Kansas Fancher OGL rovised 052803

tEAsEBooK -$!-PAcE lq L

4. lfany well capable ofproducing oil and/or gas, whether or not in pafng quantities, locat€d on said land or on lands pooled or unitizedwith sll or part ofsiid lan( is at ary time shut in and produdion lherctom is not sold or used offthe prernie€s, nevertheless such shut-in wellshall b€ considered a well ploducing oil m or gas and this lea.s€ will continue in force while such well is shut in, notwithstanding expirstionofthe primary term. In lidr ofany implied covelrant O ma*et, l,essee expreesly agrees to me*et oil md/or ges produced fiom L.essee's welllocateii on said landg r on lands pmled or rmitized lherewith, but Irssee do€s not covenat or agree to reinject or rcclrcle gas, to martet suchoil and/or gas under t€f,ms, mnditioru or aircumstfftc€s which in Lessee's judgement arE uneconomic or otherwise unsatisfictory or to b€armore than l-essee'g rcvcnue inl€resl share ofthe cost rnd expense incured to make the production ma*etable. Ifall wells on said land, oron lands pooled or rmitized wilh all or pan ofsaid land, re shut in, fien wi6in 60 days rfter orpiration ofeach period ofone par in length(annual period) during which all such wells are shut in,l-essee shall be obligated to pay or tender to [.essor at above address via U.S. Mailon or before said date, rs rolalty, the sum of$1.00 multiplied by lhe number of acres subject to this leasg provided, howover, that ifproduction from a well or wells located on said land or on lands pooled or unitized therewith is sold or used offlhe premises befure lhe endofany such period, or ifat the end ofany srrch annual period this lease is being maintained in furce and eftct other than solely by reason ofthe shrrt-in well(s), Lessee shall not be obligalcd to p6y or tender said sum ofmoney for lhat annual period.

5. Ifsaid l.essor owns 6 less interest in fie above described laid than the entire and undivided fee simple estate therEin, then the ro;mlties(including any shut-in gas rqalty) herein provided for shall be pakl lhe l,essor orly in the proportiur which l-e$o/s intex€st bears b lh6 wholeand undivided fee.

6. I-esseo shall have frc right b usg fieo ofcosl gas, oil ard water produced on said land fur L,esseo's op€rdk n lftereon, €xcept water fromthe wells ofhssor.

7. When requested by Lessor, Lecseo ahall bury Lcssee's pipo line below plow depth.

8. No well shall be drilled ncarer than 200 f€et to lhe howe or bam now on said premis€s wilhout written consent ofl.€ssor.

9. tcssee shall pay for damages caused by Lessee's operations to growing crops on said land.

10. Lessee rhall havo rho ridt at any tlrne to remove all machinery and fixtures placed on said premires, including tho right io draw andremove c8slng.

II. The rigltts oftessor and l,esse hqouder nuybo assigned in whole or part No chrnge in ownenhip ofl,essor's intfrrst (by aesignrn€ntor otherwire) fiall be binding m Lersco urtil Lcsrm has bocn fumishod wi0r notico, cooshting ofcertified copi6 ofall ,ecordod instsum€ntsor documenr ud odrer hformalior ncessry b esbblfuh I cnpl€te chain of record titls ftom Les:or, and theh only witlr respEt to prlmenblhereafter made. No otlFr kind ofnotice, whether rtual or conrtnrc-tive, shall be bilrding on l.essee. No present or firture division oflessor'sownership as to different portions or parc€ls ofsaid land shall operate to enlarge lhe obligations or diminish 0re rightr oflessee, and allI-ess€e's operstions rnay be conducted wilhout regsrd to orry such division. lfall or any part ofthis lease is assigned, no leasehold owner shallbe liable br any act or omission ofony other leasehold owner.

12. Lcssee, at ib option, is hereby given lhe right and power at any time and from time to time 0s I recuning righl eilher before or afterproduction, as to all or arry part ofthe l6nd desqibed herein and as to any ohe or more oflhe formations hereunder, to pool br unitize theleasehold estoto and the mineral estato covered by this lease wilh other land, lease or leases in the immediate vicinity for the production ofoil and gas, or separately fur 0re production of either, when in Lessee's judgrnent it is necessary or advisable to do eo, and inespective ofwhether authmity similar m this odsts with rEsp€ct to such otkr land, lease c leases. Likewise, unit previorxly formed to include ftrm*ionsnot producing oil or gas, may be refurmed to exclude such non-producing formations. The furming or rebrming of any unit shall beaccomplished by l,eesee executing and filing ofremrd a declaration ofsuch unitization or rcfoimation, which declsration shall describe theunit. Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have lherotoforebeen commenced. Production, drilling or re-wcking operations or a well shut in fur wa ofa market srq/whers on a unit which includes allor a patt ofthis lease sholl be tseated s3 if it were productior, drilling, or re-working operations or a well shut in br want ofa market underlhis lease. In lieu oftho royahies elsewhere herein specified, including shut-in gas roplties, tossor shall receive on prodrrction from the mitso pooled roplties only on the portion ofsuch production allocated to this lease; such allocation shall be that proportion oflhe unit productionthat the total number ofsur6ce acres covered by lhis lease and included in the unit be,trs lo the total number ofeurfaco acres in such unit.In addition lo lhe furegoing, l,essee shall have the right to unitize, pool, or combine all o any part ofthe above described lands as to one or

more oflhe formations therounder wilh olher lands in lhe samo general area by entering into a cooperative or unit plan ofdevelopment oroperation approved by any governmental authority and, fiom time b time, with like appmval, to modiS, chango or t€rminate any srrch planor agreement and, in such event, the terins, conditions and provisions of this lease shall be deemed modified ro conbrm to the terms,conditions, and provisions of euch approved coopemtive or unit plan of development or operation and, particularly, all drilling anddevelopment requircments oflhis lease, express or implied, shall be satisfied by compliance with the drilling and development requirEmentsofsuch plan or agreemenl, and this lease shall nd lerminate or Expire during the life ofsuch plan or agreeme . In lhe event that said abovedescribed lands or ary part thereo(, shall hereafter be operated under any such cooperative or unit plan ofdevelopment or op$ation wherebythe production therefrom is allocaEd to diffErent portions oflhe land covercd by said plan, then the production allocated to any particulsr tractofland shall, for the purpose ofcomputing the royalties to be paid hereunder to [.essor, be regarded as having been produced fiom theparticular tract of land to which it is allocated and not to any other tract ofland; and the royalty p8yrnents to be made hereunder to l,essor shallbe based upon production only as so allocated. l,essor shall ftlrmally express kssor's conser to arty coop€rative or unit plan ofdwelopmentor operation adopted by l.essee and approved by any govemmental agency by executing the same upon request oflessee.

| 3. For purposes ofpromoting the development ofshallow gas and associated hydrocarbons prodrrced in conjunction therewith, l-essee isgranted the power to pool and unitize lhis lease into a development pooled unit ofup to 5,760 8cres. This grant shall only be effective ifl.essee drills or has drilled no later than one (l) par fiom declaration ofpaoling and in no event later than one (l) year after the expirationoflhe primary term hereof, at least two wells within lhe pooled unit. Thir special pooling grant is only efrbctive as to frrmations herebydefined as gologic brmrrions located fiom the surface ofth8 earlh to on6 hundred ft€t (100') below tlre top oflhe Mississippian Carbonateformation. To utilizo this pooling grant t essee shall file with the Recorders Office oflho relevant county or counties a declardioh oftho exactdescription ofthe unit furmed pursuant to lhis cleuse, Subject to fulfilling the above described drilling requiremenls, such declardion is allthd is r€quired to €stablish lte pooled unit lfsuch gas well or wells as contemplatod bylhis clause shall not be drill€d on the Femises hereinleas€d it shall nev€rlheless be deemed to be upon the leased premises witlrin lhe meaning ofall covenants, expressed or implied, in this l€as€.l:ssor shall receive on hydrocarbon produclion thus paoled such proportion ofthe royalty stipulation herein reserved as the amount of

I-ossor's acreage phed in lhs unit bears to the total acl€age so pooled in the particular declarod unit, regardless of which wells the productionactually comes liom. After one such unit has been declared, [,€$ee may add other lan& to such unit up to the limit of5,760 acr$.

l4- All express or implied covenants ofthis lease slnll be subject to all Federal and Stste lrws, Ex€cutive Orders, Rules or Regulations,and lhis lease shall not be terminard, in whole or in part nor lrssee held liable in damages, for fiiluro to comply therewith, ifcomplianceis prevented by, or ifsuch failure is ths result of, any such lrw, Order, Rule or Regulation.

I 5. l-essrr hereby warrar s snd sgreec b deftnd ihe ritl€ to lhe lands herein describd and agrees that the l,essee shall have the riglrt at anytlmo b fede€rn ftr Lrtor, by ptyment rny moftgager, ldor or othor lieor on thc abovc described landr, in thc cv6nt ofdcf.ult of psjm€ntby kssor and bo rubrogated to lhe rights ofthe holder thercof,, and l-essor hereby agrees thst any such pa)menb made by lrss€e for thel,essor may bc deducted from'any amounts of moncy which may bccome due the f.dsor under ths tcrmg of this le$e. Thc underaignedl,essors, for lhemselves and lheir heirs, successors and assigns, hereby suncnder and release all right ofdow€r and homestead in tho premisesdescribed herein, insofar as said right ofdower and homostead may in any way affect the purposes for whlch this lease is mado, as recitedherein.

0136 lGnsas Furcher OcL rcvised 052E03

16. Should any one or more oflhe parties hercinabove named as lrssor fail to ex€cute this t ease, it shall nevertheless be binding upon allsuch parties who do executo it ss l,6ssor. fie word "[,ossor", as used in this lease, shall mean any one or more or all ofthe parties whoexecute thil lcaso as I-essor. All the prolisions ofthis lease shall be binding on the heirs, succossors and assigns of bssor and [,essee.

17. l.essor and L€sseo hereby mado, as express provisions ofthis leasg dre following: It is agreed that this lease shall remain in force fura brm of_Flve (S)___pa(s) from the dae, and as long thereafter as oil or gag or either of ran, is produced tom said land by the Lessee,ils succcssors and arsigx. trssec has tho option to extend this loase ftlr an additional term of_Flvc (5)_ par(s) from the expiration ofthc primary brm of0ris lease, ard as long thereafter os oil or gas, or oither ofthem, is produced from said land by the [.ossoe, its iuccessorsand asrigm, said mirorral to bo uder tho sane tems f,d conditions as cottairrcd in this lease. l-essee, i6 successors or assigns, may orcrciselhis optior to renew ifon or befure lte orpiratiofl datc ofthe primary term ofthis lease, l-€s8ee pays or tpnd€rs to th€ trssor or to tho l-essor'scredil lhe sum of$20.00 dollars per net mineral acre.

l.E. Bonuses may be paid by check or draft and may be remitted by mail. Mailing ofbonuscs on or befure the bonus palng date shall bedccmed a timely tender lhcrm{and shall preclude termination ofthis loase,

19. Irss€6 shall not be liablo for any onviro{rmontll or oporational cmts ossociated with existing wells (and assooiated surface faoilities)alrcady locted ot the lards covcred hercby, which wells werc drilled or operated prior to thc dato oftrls leaso. Furthermorg it is rndeistoodand agreed that this lcase shall oovor tho lands doscrlbed, loss rnd cxcopt I tract of land in the form of a squaro bcing 50 feet by 50 feetcontored around any inactive or abandoned wcll lhat mry cxist theroon as ofthe dde heroof, Lessee shall have the rlght, lyith no obligation,st lrss@'r option to plug any such well and lhereaftor the land surrourding said well, which wero originally excluded fiom this lease, shallbs incorporded with and become part ofthe premisor covered by this lease the same as ifsaid lands had originally been included herein.

OTIIER PROVISIONS

20. Iasseo and kssor agreo that ony acooss roadr, well sitos, or pipelines to be constructed under lhe terms ofthis lease shall be dono incorsultdion wilh tho I-e*or, providod hon ovor, lho Loasor rhall not atternpt to prohibit said conslruotion or maks unrsasonablcrequects offire Leesee,

Lescea agreos that as roon as is roasonably possible, following completion ofih operations, l,ossoo shall rostore its well site, as

ncarly as porriblo, to itr original condltion and land contour.

l.ocreo agrces to bo a prudont opcrdor and will koop all surfaco disturbancB to th6 minimum arca nocessary to conduct itJoperdioffi.

Losseo shall indomni$ and hold Lossor harmloss fiom any and all liability, lienr, claims and onvironmental liability adsing out ofIlesseo's operations undor the terms ofthis l€ade.

Pusurnt to psragraph #9 oflhis loa$, t ssoo agrees lhrt within fhirty (30 days ofcommenccment ofoperations on the hereinderoribod lrndr, lrssco agreos to pay L€srof a om tim8 drmago payrnent of$500.00 br Gach acre ofrctusl damage oaused ioIrssor's propGrty ss a direcl result oflrsseo'r operations under tho torms ofthis lease.

21.

22.

23.

24.

IN WTINESS WHEREOF, this instrument is executsd as oftho date first abovo written

yn s. aka Marilyn Sue Smith

ss* 5/5--3O - 03//Stato of ftgg

ACKT.IOWLEDGEMENT-INDIVIDUAL

ffiJffi"-*.igned,aNotaryp,blic,in-andbrraidcorurtyanasqtg,onqis* *rr1.9,ro{lLPersonally appearcd urrillyn 3. Smftt a sinsle person, aka Marilyn Sue Smilh

,

to nr t<norvri to be tro pcrsoi(s) deecribed in and dut qecuted the'brcgoing irrstumont and acknorrledged to mc that each orccuted tho same

in,her freo act and decd.

IN WTINESS WHEREOF, I havo horounto set my hand and affrxed my nohrial seal tho day and par lart abov€ written.

MY COMMISSION EX|IRES:

05-0E-2007

Address: l9l5 W.24th Streetlawrence, KS 66046

JASON C. LALICKER

Notory tubllcStote of Konsos

MY APr.,-'i ntmenl U1is4tgil@1

sson C. LalickerNotary Public:

0136 Kansas Fancher OGL revised 052803

LEAsEBooK _ru.PAcE l9:1

-VIn,UNITED

Dls trict. - No *. 2 -Gr€eruroo+4€-T(slrrcinafter

crll.d rhc Granr.!, rh. !ec'i9r 'nd

str tfr 'i'ntv o

' whi ch rs h€rc br

'ctnowleds'd'1 ,;;"-..-,lr- *,*,, r,.,i,,".1"rr, ,,*"il:fiT#,; ro siid c,enre., irs succ.sso,s, .od asstKns, a pc,puruar .astment w,rh rhe

'ir8ht ro

,.,,. , ,,;,,_",;,. insralt,-and lry and therGatt€, u3e, operal., inspccr, r.pair, mainrain. reelace and renov.j

A lJater line and aPPurtenances

["r,rnr F-llA-KS 442-5(li,'r.2-17-65)

,|.Irtoosi.lerat!onrecite,JhcreinshallconstitutepayrnentinfullforalldamagessustainedbyGrantorsbyleaSon.rr....rures ref.:rrcd to herern and the Grantee will maintain such easement in a state of good repair and efficiency

,1,,:r,rp,.r.s will resull from its use oI Granlors' premises. This Agreement together with other provisions ol this

,.,,i.,.nant ru.ning wi th the land for the benefit of the Grantee, its succbssors, and assigns. The Grantors covenanl

,,f rht.at,ove-desr.ri bed lands antl that said lands are free and clear of all encumbrances and liens except the following:

STATES DEPARTMENT OF AGRICULTURE

FA RIIIENS I{O\I FI,{D[II \I STRA.I]ON

Br c*rT-o F --wAY EASEUENT_

The Fourth Nati onal Bank and Trust Company, t,li chi ta , as

Trustee of the Venus B. Sm'ith Trust & I'lari I yn Sue Smi th ,_q_q_HqluYn _)ue_ ux:il)\r' ALL IiEN ltY THISE PRESENTS, tntt

SlnA]a **Ur]---.irra.rrinn ,,r ,rna aotLi'ifl.hdt aiC-t]tfie; lood and valuable:r..(,., car.d c,snrors, ,n conside,arion .r """ -,i"i?9.[E "Y?T$!' *", and varuebre coos,de,arioo pr.'d bv lura]-uarer. --

;ind across lhe ftrll,twin g land owned by Grantor in Greenwood County, State of Kansas

The West Twenty (20) feet of Section Eight (B),Township Twenty-five (25) South, Range Eleven(I1) East of the 6th P.M., in Greenwood County,Kansas.

crr.. < ovc' ,irantrlrs' adiar:enl lands for ihe pttrPoses ior whicit the abot'e-mellrtoned ;ights are gre'o'?trt;;;;.';" '2'0'l'

in *idrh, rhe cenrcr Iine trereof to be located actoss said land as iollorvs:

The center llne shall follow the location of the water line as lald.

ol{ao_Fen

8B-.1 L).q trlzu6r-l-Q: l-o=

of the installation of theso that no unreasonablegrant shall constitule a

that they are the owners

lN u,lrNESS ,*,EREoF rhe said Grentors have execuled this instrument lh ," fut-!,dav ol ^

', 'tr'

,e83- The Fourth National Bank and Trust Co., l^lichitaTrustee USB Smi th TrustBy:

Mari nSu ith, singl woman!I'.{.TL, OI'KANSAS

c()trNlY Or SLIIGT^IICK--

BE rT REIIE}{RERED, rher on thrr -loth- a'v or llafCh

-'

IS -83-' bclore m!' rhc undersis'd' a Norarv Public'

rn.rn,i for the county and state a[oresatd, came

..^..h,r -

iS PersooallY known to

Mari I yn Sue Smi th. a s'ingl e woman

me to be thc same Person ----

who executed fhe wilhin inslrumenl of writinB and

-,irLn f'erson duly acknowtedged lhe execution of the same'

tN wITNESS wttEREoF, I have hereunlo sel my hand and affrxed my notarial

SS

JANET C. DOOMANNOTARY PUBL.IC

STATE OF KANSAS

My AppT. 91trp. ,': r-15 rr4

FHA-KS 442-5 (Rev. 2-r7-6s)

MISC. BOOKfI PAffi(lI-l

{

.

i I'

The untlersi gned herebY

Li enhol der

ATTEST:

STATE OF KANSAS

SEDGWICK COUNTY

Before me, the undersigned,county and state, or this 30th day of

TRUST C

)) SS:

)

a notary public, within and for saidMarch , l9_€!_, appeared

-

Of THE FOURTH NAT I OI'IAL BANK AND

, WICHITA, a national banking association'which is Trustee_ -of the Venus B. Smith Trust

Ihis instrument was fited on this75day ol O.?t4 t d fZ agjbc'clockffiiffiili,.r/ -ot_bi4iaee_L5LL

Register

Deputy

Mrsc. Boor({-/- pAGEr 4 { 4

LIENHOI DER'S CONSENT TO E''ASEMT^NT

consenls to the grantin g of the sbove easemenl'

My appointmen

sTArE or rnr,rdl$tu%GREFNWoon no SSGREENWOOD CO.

2-28-84

y'p

'lt V'

+11''ci&."1'I

*.1 |try KNow

DECLARATION OF ABANDONMENT

ALL MEN BY THESE PRESENTS:

ThAt THE ATCHISON, TOPEKA AND SANTA FE RATLWAY COMPANY, A

corporation of the State. of Delaware, successor to The Kansas City,Emporia and Southern Railroad Company and The Kansas City, Emporiaand southern Railway company, hereby declares: (r) that the randshereinafter' described were acquired by saj-d Companj-es for railroadright of way purposes; !2) that the same were at arr times subjectto reversion in the event of a permanent abandonment thereof forrailroad right of way purposesi and (3) that The Atchison, Topekaand Santa Fe Railway Company has permanently abandoned said 1ands

for railroad right of way purposes.

V,IHEREFORE, THE ATCHISON, TOPEKA AND SANTA F'E RAILWAY COI,IPANY

disclaims any and all right, title and interest in and to the fo1-Iowing described lands in Lyon, Greenwood and EIk Counties, Kansas,to-wit:

SF:E!. EltJ t-1.oiFJ eH5,a"E\,

H,

E"

. AI1 that portion of the lands which constituted theright of way of the Howard District of the Eastern oivision:frfll; i:.?:iik"Topeka and santa re Railway -"*pi"yl'65,"-

LY.N couNTY ''q<

o^_-_-_.__....-- -,trr-

- Beginning at Mile post 1+ 1500 feet, more or 1ess, q*,on the centerline of.main traik (now taken up) of saia ' %.Railway Company. _ Saiil beginning point being i" [ir"

-llortfr_ Qn^west Quarter (NW,/4) , Section Z:, i-tS-S, n-if_p and focated '%^390 feet, more or 1ess, north oi the East-west .centerrinJ-Jt easaid section. T!."99 in a general southerly airection, adistance of 15.33 miles, moie or less, throirgh the

Entersd in lransfgl Record in my 0ftice this

STATE OF KANSAS; LION COUMTY - .s^s i

FTLED,FoR RECono rHrS ,g -iiiiloFT,x,*-,N

.Le yLAr @;. r.' -H,rr .

^olih#F;' :

FECORDED fN VOL _j-1n - peogi-%l.< {" }t '..;,.AD, $7.8 FlcqnouD rN XrJ5aJeg4 fli,'.,4,3-*t fu,Kffir

/st-_

.; {ff'*=171 ;i:1..4','.Ecrs-rHnlpr,lgTHrr+i

: ;.

NW/4sw/4NW/4NE'/ 4sE/ 4sw/4Nw/ 4NE,/ 4sE/ 4sw/ 4Nw/4NE/ 4sE/ 4NE,/ 4sE/ 4sw/ 4Nw/4sw/4sE/ 4NE/4sE/ 4NF,/ 4sE/ 4NE'/ 4sE/ 4NE/ 4Nw/4NE/ 4sE/ 4sw/4sE/ 4sw/ 4sE/ 4NE/ 4Nw/4sw/4sE/ 4sw/4Nw/4Nn/ E

sn/ 4xw/4sw/4sE/ 4Nn/ 4t:tw / 4sw/ 4sn/ 4Nn/ 4xw/4sE/ 4

of Section L4of Section L4of Section 23of Section 22of Section 22of Section 22of Section. 27of Section 28of Section 2Bof Section 28of Section 33of Section 32of Section 32of Seetion 5of Section 5of Section 5of Section Iof Section B

of Section 7of Section 18of Section 18of Section 19of Section 19of Section 30of Section 30o.f Section 31of Section 3Iof Section 16of Seetion 36of Section 36,of Section 35of Section 35of Section 34of Section 3of Section 2of Section 2of Section 2of Section Iof Section 72of Section L2of Section 12of Section 7of Section 7of Section 7of Section 18of Section L7of Section L7of Section L7of Section 20of Seetion 20of Sec Eion 20

T.245.T.245.T .245 .T.245.T .245 .T.245.T .245 .T.245.T .245 .T.245.T .245 .T.245.T.245.T.25S.T.25S.T. 25S.T.255.T.25S.T.25S.T.25S.T. 25S .T .255 .T.25S.T.255.T.25S.T.25S.T.255.T.255.T. 25S.T.25S.T.255.T.255.T.255.T .265 .T .265 .T .265 .T .265 .T.26S.T .265 .T.26S.T.265.T .265 .T .265 -T.26S.T .265 .T .265 .T .265 .T .265 .T .265 .

T.26S.T.26S.

R. llE .R. IlE.R.1IE.R. lIE.R, llE .R. 118 .R. 1IE.R.118.R. 1IE.R. 1IE .R. IlE.R. IIE .R.1IE.R. llE.R. 118 .R. 118 .

R. 1LE./R. I LE./,R. I LE ./,/R.lLE'/R.lIE.R. llE.R. 1lE .R.118.R. 118 .R. 1lE .

R. 10E .R. 10E .R.IOE.R.108.R. IOE .R.10E.R. 10E.R. 10E .R. 108.R. 108 .R. 108.R. 108 .R. 10E.R.10E.R. 118 .R.lIE.R.IlE.R.1lE.R. l1E .

R. 118 .

R. IIE .

R. 118 .R. IIE.R. IlE.

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Parcel C

Guide to auction costsTHE SELLER CAN EXPECT TO PAY• HalfoftheOwner’sTitleInsurance• HalfoftheTitleCompany’sClosingFee• RealEstateCommission(If Applicable)

• AdvertisingCosts• PayoffofAllLoans,IncludingAccruedInterest,

StatementFees,ReconveyanceFeesandAnyPrepaymentPenalties

• AnyJudgments,TaxLiens,etc.AgainsttheSeller• RecordingChargesRequiredtoConveyClearTitle

• AnyUnpaidTaxesandTaxProrationfortheCurrentYear• AnyUnpaidHomeowner’sAssociationDues• RentDepositsandProratedRents(If Applicable)

THE BUYER CAN GENERALLY EXPECT TO PAY• HalfoftheOwner’sTitleInsurance• HalfoftheTitleCompany’sClosingFee• 10%Buyer’sPremium(If Applicable)

• DocumentPreparation(If Applicable)

• NotaryFees(If Applicable)

• RecordingChargesforAllDocumentsinBuyer’sName• Homeowner’sAssociationTransfer/SetupFee

(If Applicable)

• AllNewLoanCharges (If Obtaining Financing)

• Lender’sTitlePolicyPremiums(If Obtaining Financing)

• Homeowner’sInsurancePremiumforFirstYear• AllPrepaidDepositsforTaxes,Insurance,PMI,etc.

(If Applicable)

wHAT TO EXPECT

12041E.13thSt.N.,Wichita,Kansas67206316.683.0612|800.544.4489www.McCurdyAuction.com