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<br /> <br />~~ <br />- ~ 4 <br />(}) of the royalties or lease payments received by the purchaser from the sale or leasing <br />of the oll and/or gas or the oil and gas interests only. It is the intention of the seller <br />to waive, release or forgo any right of Ingress and egress to the property which is <br />normally attendant to the exercise of any rights that have been retained in connection <br />with the Interest retained by the seller in the oil and gas underlying the above described <br />property. <br />The parties agree and understand that the purchaser will not be required <br />to provide ingress and egress onto the property for any purpose whatsoever, including <br />the purpose of drilling for, extracting, withdrawing or storing oil and gas upon the <br />premises. The purchaser intends to mine for sand and gravel, and oil and gas operations <br />wilt conflict with the purchaser's intended use of the property. The purchaser does <br />not desire to provide roadways or be required to fill excavated portions of the property <br />in order to provide access to the property for the drilling and extraction of oil and gas. <br />It is the intention of the parties hereto to prohibit any and all persons, <br />Including lessees and assignees of the seller, from entering upon the property to <br />search for oil and gas or to store, withdraw or deal with the oil and gas mineral <br />interest without having first obtained the written approval of the purchaser or its <br />assigns so to do. <br />The purpose of this provision is to prevent the use of the property for any <br />purpose whatsoever other than for the extraction of sand and gravel from the premises, <br />including the drilling for, storage and use of the property for oil, gas, gas lines or <br />any aspect of any other business except the business of the purchaser. <br />It is agreed by the parties hereto that the above provision will be incorporated <br />in the Deed, Deed of Trust or other document which reserves a royalty Interest in the oil - <br />and gas to the seller, his assigns, lessees or assignees. <br />~~ <br />Seller <br />BRANNAN SAND AND GRAV L,COMPANY <br />Purchaser <br />