Fill and Sign the Silica Sand Lease and Mining Agreement Dated as Secgov Form

COMMINGLING AND ENTIRETY AGREEMENT(By Royalty Owners where the Royalty Ownership Varies in Lands Subject to a Lease) State: County: Parties: (Name and Address of all Parties in the Agreement) Effective Date: Reference is made to the Oil and Gas Lease (the “Lease”) dated ____, recorde d in Volume ____, page ____ of the ____ Records of the county and state named above, between ____, as Lessor, and ____, as Lessee, which covers the following land (the “Land”) located i n the county and state named above: (Description of Land Covered by Lease) The Parties, named above, own 100% of the royalty interest in the Land that is subject to the Lease, but the royalty ownership in the Land is not uniform among the Parties and comm on under all parts of the Land. To remove any question as to the ownership of royalty production from any well drilled on the Land under the Lease, regardless of the well’s location, the Parties are entering into this Agreement to stipulate, acknowledge, and confirm their respecti ve ownership of royalty production and agree to commingle and communitize royalty production from the Lease. For adequate consideration and the mutual advantages that will accrue to the Parti es, each of them covenant and agree as follows: 1. The Land may be developed and operated as an entirety with all the royalt y payable under the Lease being owned proportionately as provided below. 2. The Parties stipulate that all royalty production under the Lease obtained from an oil or gas well located on any portion of the Land shall be owned and paid as follows: Name of Royalty Owners % of Royalty of each Owner 3. This Agreement shall not affect the record ownership of the royalty and/or mineral interest owned by each Party. This Agreement shall affect only the payment of royalty unde r the Lease described above and shall remain in effect only so long as the Lease is ma intained in full force and effect. Upon the termination of the Lease, this Agreement shall become null and void and ownership of the royalty shall remain vested in the Parties in the manner refle cted in the county records, as if this Agreement had not been entered into. 4. This Agreement may be executed in any number of counterparts, no one of which needs to be executed by all Parties. In addition, this Agreement may be ratified or consented to by separate written instruments specifically referring to this Agreement and shall be binding on all Parties who have executed such a counterpart, ratification, or consent with the same forc e and effect as if all Parties had signed the same document. This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, personal representatives, successors, and assigns. This Agreement is signed by the Parties as of the date of acknowledgment of their signatures below, but is effective for all purposes as of the Effective Date stated above. Party Party Party Party [acknowledgments]