PARTY MAY SPECIFY HIS PROPER ADDRESS
OR ANY OTHER POST OFFICE ADDRESS WITHIN THE CONTINENTAL LIMITS OF THE UNITED
STATES BY GIVING NOTICE TO THE OTHER PARTY, IN THE MANNER PROVIDED IN THIS
SECTION, AT LEAST FIFTEEN (15) DAYS PRIOR TO THE EFFECTIVE DATE OF SUCH CHANGE
OF ADDRESS.
FOR PURPOSES OF NOTICE, THE ADDRESSES OF GRANTOR AND GRANTEE SHALL
BE AS FOLLOWS:
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If to Grantor:
MV Partners, LLC
c/o Murfin Drilling Company, Inc.
250 N. Water, Suite 300
Wichita, Kansas 67202
Attention:
David L. Murfin
If to Grantee:
The Bank of New York Trust Company, N.A.
Global Corporate Trust
221 West Sixth Street, 1st Floor
Austin, Texas 78701
Attention:
Mike J. Ulrich
8.2
PAYMENTS.
GRANTOR SHALL TRANSFER OR CAUSE TO BE TRANSFERRED ALL
MONIES TO WHICH GRANTEE IS ENTITLED HEREUNDER BY FEDERAL FUNDS WIRE TRANSFER NOT
LATER THAN THE DATE WHEN DUE, TO GRANTEE AT THE BANK ACCOUNT SPECIFIED BY
GRANTEE IN WRITING TO GRANTOR.
8.3
AMENDMENTS.
THIS CONVEYANCE MAY NOT BE AMENDED, ALTERED, OR
MODIFIED EXCEPT PURSUANT TO A WRITTEN INSTRUMENT EXECUTED BY GRANTOR AND
GRANTEE.
8.4
FURTHER ASSURANCES.
GRANTOR AND GRANTEE SHALL FROM TIME TO TIME
DO AND PERFORM SUCH FURTHER ACTS AND EXECUTE AND DELIVER SUCH FURTHER
INSTRUMENTS, CONVEYANCES, AND DOCUMENTS AS MAY BE REQUIRED OR REASONABLY
REQUESTED BY THE OTHER PARTY TO ESTABLISH, MAINTAIN, OR PROTECT THE RESPECTIVE
RIGHTS AND REMEDIES OF GRANTOR AND GRANTEE AND TO CARRY OUT AND EFFECTUATE THE
INTENTIONS AND PURPOSES OF THIS CONVEYANCE, PROVIDED IN EACH CASE THE SAME DOES
NOT CONFLICT WITH ANY PROVISION OF THIS CONVEYANCE.
8.5
WAIVERS.
THE FAILURE OF GRANTOR OR GRANTEE TO INSIST UPON STRICT
PERFORMANCE OF ANY PROVISION HEREOF SHALL NOT CONSTITUTE A WAIVER OF OR ESTOPPEL
AGAINST ASSERTING THE RIGHT TO REQUIRE SUCH PERFORMANCE IN THE FUTURE, NOR SHALL
A WAIVER OR ESTOPPEL IN ANY ONE INSTANCE CONSTITUTE A WAIVER OR ESTOPPEL WITH
RESPECT TO A LATER BREACH OF A SIMILAR NATURE OR OTHERWISE.
8.6
NO PARTITION.
GRANTOR AND GRANTEE ACKNOWLEDGE THAT GRANTEE HAS NO
RIGHT OR INTEREST THAT WOULD PERMIT GRANTEE TO PARTITION ANY PORTION OF THE
SUBJECT INTERESTS, AND GRANTEE HEREBY WAIVES ANY SUCH RIGHT.
8.7
GOVERNING LAW.
THIS CONVEYANCE SHALL BE GOVERNED BY AND CONSTRUED
IN ACCORDANCE WITH THE LAWS OF THE STATE OF KANSAS UNLESS THE REAL PROPERTY LAWS
OF THE STATE IN WHICH THE SUBJECT INTERESTS ARE LOCATED ARE MANDATORILY
APPLICABLE, AND THEN ONLY TO THE EXTENT OF SUCH MANDATORY APPLICATION.
8.8
RULE AGAINST PERPETUITIES.
IT IS NOT THE INTENT OF GRANTOR OR
GRANTEE THAT ANY PROVISION HEREIN VIOLATE ANY APPLICABLE LAW REGARDING THE RULE
AGAINST PERPETUITIES, THE SUSPENSION OF THE ABSOLUTE POWER OF ALIENATION, OR
OTHER RULES REGARDING THE VESTING OR DURATION OF ESTATES, AND THIS CONVEYANCE
SHALL BE CONSTRUED AS NOT VIOLATING ANY SUCH APPLICABLE LAW TO THE EXTENT THE
SAME CAN BE SO CONSTRUED CONSISTENT WITH THE INTENT OF THE PARTIES.
IN THE
EVENT, HOWEVER, THAT ANY PROVISION HEREOF IS DETERMINED TO VIOLATE ANY SUCH
APPLICABLE LAW, THEN SUCH PROVISION SHALL
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