|
G.+ _
<br /> �������������� ������� �� � ��
<br />.- _ _._.__ _-STATF,_JQIIftAAL:�COflIPANY..ttRLOi:TV��"TPEB�._'-__."-._ .
<br /> � � STEITE OP NEBRASKA,�
<br /> � i From Hall CountJ, s�.
<br /> 1; _ _
<br /> .� ��
<br /> � �, Fra,21k �T.I{en1p��.r: ST1C�` �91f.8 I hereby certi:fy that this dnstrumer��t 2cas filed for �°ecord in my office
<br /> ,;
<br /> at 8 o'clocic A.�i., Apr31 26 19 30 , and is
<br /> Q ' dul,p� recorded in boolc Q par�e 2. . (�
<br /> � � i'; �,,�G�-� �..�/-'w`yv�
<br /> �' Register of Deeds
<br /> ; ,�'o B?/
<br /> !!' Texas Production Company ve ut ,
<br /> ;..
<br /> i: . I+'ees,�2.8`� p y
<br /> �� `THE TEXAS COI�'ANY
<br /> � ;; �ea�ra�ion�Boo� OIL AND GAS MINING LEASE � e� � �°� J � '
<br /> � ; .���3 193o BY J•T•�• � � �3 � , . .
<br /> � j An Agreement, entered into this 19 day of February , 19�j� , between
<br /> ;� Frank J.Kemptar and Hazel Kemptar,h'i s �if e
<br /> �,
<br /> lessor (whether one or more), a.nd TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> ;i 1. Lessor, in consideration of the sum of �ixteen Dollara (� Z�•�� ), in hand paid, of �Che royalties herein provided
<br /> and the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto lessee, for the purpose of testing by any method for formations
<br /> 1 � and prospecting and drilling for and producing oil and gas, laying pipe linea, building tanks, storing oil and building powers, stations, telephone lines
<br /> i% and other structurea (including houses for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following described
<br /> j land in Ha,l�. County, State of Nebraska, to-wit:
<br /> North Half North East Quarter Section Twenty and South Half North West Quarter 9ection �� '
<br /> ,' Twentq One, To�rnsh�!p Twelve, Nor�h Ra.nge T�elve �test containi.ng 16� acres more or lees. �
<br /> � �
<br /> „
<br /> � . �
<br /> � �� 2. Subject to the other provisions herein contained, this lease shall remain in force for a term of ten years from this date (hereinafter called "primary
<br /> " term") and as long thereafter as either oil or gas is or can be produced from any well on said land; however, lessee at any time may release this lease
<br /> in whole or in part. �
<br /> 3. The royalties reserved by leasor, and which shall be paid by lessee, are (a) on oil, one-eighth of that produced and saved from said land, the same
<br /> �' to be delivered at the vvells or to the credit of lessor in the pipe line to whi ch the wells may be connected, or, at the option of the lessee, from time to
<br /> ' time, the market price a,t the wells of such one-eighth on the day it is run to the pipe line or storage tanks, lessor's interest in either case to bear its
<br /> proportion of any expense of treating unmerchantable oil to render it merchantable as crude, and (b) on gas produced from said land and sold or used off
<br /> the la.nd or in the manufacture of gasoline, including casinghead gas, the market price at the well of one-eighth of the gas so sold or used, provided that
<br /> if and when lessee shall sell gas at the wells lessor's royalty thereon ahall be one-eighth of the amount realized from such sales. Lessee is hereby given the
<br /> option of purchasing all or any part of said royalty rights from the lessor at the best bona fide price offered by responsible third parties when and if
<br /> offered for sale or transfer by lessor.
<br /> i 4. If drillin o erations are not commenced on said land on fy� o�eye�,r frg� i date this lease shall then terminatg as to both parties, unless
<br /> g' P ���G� l58.I1K OI �a.�TO'
<br /> lessee shall pay or tender to less�r or tQ the credit of leasor in �'dIIR at ��,jT0 �E'D�•QO (which bank ij
<br /> lessor's agent) the suui of �+i�hy — — — — — — — — — — ^� — — � — — — — — — — — — Dollars
<br /> ±; (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, semi-annually, in
<br /> ; like manner, and upon like payments or tenders, the commencement of drilling opera�ions may be further deferred for periods of six months during the
<br /> �� ofima rm nt mDr 11 n p oye tionsrhe eunder shall be dee ed�to be commenced when thetfi st materal lisd laced lon the to said bank on or before such date
<br /> P Y g P p ground. Notwithstanding any devolu-
<br /> �! tion, change or division in the ownership of said land, the payments or tendere of rentalin the manner herein provided shall be binding on the successors,
<br /> � � assigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lessee sha11 not
<br /> i be held in defauIt for failure to make such payments or tenders until thirty days after lessor shall deliver to lessee an instrument in writing duly
<br /> `h i executed and acknowledged, naming another bank as agent to receive such payments or tenders. The down cash payment is consideration for this lease �
<br /> � � according to its terms and shall not be alocated as mere rental for a period.
<br /> i 5. If prior to the discovery of oil or gas on sa,id land lessee should drill a dry hole or holes thereon, thie lease shall not be terminated thereby if lessee,
<br /> j before the next ensuing rental paying date, commences further drilling operations or commences or resumes the payment or tender of rentals. If after the
<br /> " discovery of oil or gas the production thereof should cease from any cause, this lease shall not be terminated thereby if lessee commences additiOnal drilling
<br /> � operations within su�ry days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentals before the next
<br /> ensuing rental paying date. Yf at the expiration of the primary term oil or gas is not being produced on said land but lessee is then engaged in drilling :
<br /> [' operations thereon, the lease shall remain in force so long as drilling operations are prosecuted, and, if they reault in the production of oil or gas, so long
<br /> � i, thereafter as oil or gas is or can be produced from any well on said land.
<br /> �.� 6. Lesaee shalI have the free use of oil, gas, wood, coat and water from sai@ land, except water from lessor's wells, for a11 opeFatfons hereunder; and the royalty on oii
<br /> � and gas sha11 be in the net quantfty after deducting any so used for operations. Lessee shall have the right at any time during or after the expiration of this lease to remove
<br /> ; all property and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by lessor, leasee will bury all pipe lines below �
<br /> ,i ordinary plow depth, and no well shall be drilled within two hundred feet of any residence or barn now on said land without lessor's consent. Lessor ahe.tl have the privilege,
<br /> � �, at the risk and expense of lessor, of making connection and using gas from any gas well on said land for stoves and inslde llghts in the principal dwelling on said land out
<br /> i of any surplus gas not needed for operationa hereunder.
<br /> � �� 7. The rights of either partp under this lease may be assigned in whole or fn part and the provisions hereof ahall extend to the heirs, personai repreaentatives, aucces9ore
<br /> i ;; and assigns, but no sale or assignment by lessor shall operate to enlarge the obligationa or diminish the righta and privileges of lessee. Should lessee assign this lease in
<br /> j; whole or in part lessor shall look solely to the assignee for performance of its terms as to the partx ao assigned. No sale or assignment by lessor shall be binding on lessee
<br />, ' � 'i for any purpose until lessee shall be furnished with an instrument in writing evidencing such sale or assignment. IP lessee assigns this lease in part, the obligation (if any
<br /> exists) to pay rentals is apportioned as between the several owners ratably according to the surface area of each, and default by one of them in the payment of rentals
<br /> ahall not affect the validity of the lease on the portion oY land upon which pro rata rentals are paid or tendered.
<br /> ' 8. This lease ahall never be forfeited, cancelled, or terminated for failure by lessee to perforxn in whole or in part any of its implied obligations, nor while oil or gas is
<br /> '� being produced in paying quantities for any cause whatsoever, unless there ahall first be a final judicial ascertainment that such obligation or cause exista and that le�see
<br /> 4� fs in default. Upon such final determination, leasee is hereby given a reasonable time th�reafter to comply with auch obligation, or, at Iessee's election, fo xurrender the
<br /> i' lease, with the option of reserving, under the terms oP this lease, e�ch producing well and ten acres surrounding it to be selected by lesaee. Lessee xha11 not be liable in
<br /> damagea for breach oi any implied obligation.
<br /> �; 9. If six or more peraons be or become entitled to royalties hereunder, they shali by sufficient written fnstrument designate aome agent to receive payment for all,
<br /> � and lesaee ahall not be required to make payment until such instrument is furnished.
<br /> � 10. When drilling or other operationa are delayed or interrupted by lack of water, labor or material, or by fire, storm, flood, War, rebellion, inaurrection, riot, strike,
<br /> i: differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a result of some order, requisition or necessity of the government,
<br /> j� or ae the result of any cause whatsoever beyond the control of the lessee, the time o4 such delay or interruption ahall not be counted against lessee, anything in this lease to
<br /> i the contrary notwithstanding.
<br /> j� 11. Leseor hereby warrants and agreea to defend the title to said land and agrees that lessee, at lesaee's option (but without any duty to do so), may pay and diacharge
<br /> ariy taxes,mortgages or other liens upon said land, and in that event lessee shall be aubrogated to such lien, with full right to enPorce the same, and in addition thereto may
<br /> I� retain for the satisfaction of such lien and intereat all royalties or rentals accruing hereunder. If lessor owns an interest in said land less than the entire fee simple estate.
<br /> ; then the royalties and rentals to be paid leseor shall be reduced proportionately. Should the right or fnterest oi lessee hereunder be disputed by lessor, or any other perso».
<br /> the time covered by the pendency of euch dispute shall not be counted against lessee either as affecting the term of the lease or the time for payment of rentais or
<br /> royaltiea or for any other purpose, and leasee may suspend all payments until there is a final adjudication or other determination of sucfl dispute.
<br /> I'I �! IN WITNESS WHEREOF this instrument is executed on the date first above written. ,
<br /> '� po ed a Frank J.Kemptar ts�.�
<br /> i z-�� 19�� �ypF.W.L. Haael 8emptar esE.w3
<br /> !` ORP - LFSSOR
<br /> i; Attest: TEXAS PRODUCTION COMPANY
<br /> ,, ,
<br /> EAL
<br /> ; �� � $y A.R.�i 1 n
<br /> I f; J.�".H11CZ238.1.�. Assistant Secretary. Viee�resident
<br /> i� STATE OF NEBRASKA, 1 Q � �R b l�na'� �j&ta, LESSEIs;
<br /> �
<br /> f!' County of $a,],1 � sg. �r ����Qman
<br /> i On this 19 day of F��• , 19 30 , before me, a Notary Public, in and for said County, peraonally came the above named
<br /> i; F�a.Ak eT.Kemptar and Hazel Kemptar , his wife, who are personally known to me to be the identical
<br /> `;, persons whose names are affixed to the above instrument as lessors, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> +! Witness my hand and Notarial Seal the date last aforesaid. ,�,,•� ��e�
<br /> �, �sE�L� �7otary Public.
<br /> My commission expires on the 27 day of eTU.13T , is 3� .
<br /> I STATE OF COLORADO, �
<br /> i� � ss.
<br /> City and County oF Denver, � I ,
<br /> � On this 1. day of Mareh , 19 3� , before me, a Notary Public, in and�or said County, personally came the above named
<br /> l( A.�.���.S OIl , Vice President and eT.Ci.Ht1C111A11 Assistant Secretary of said Texas Production�Company, who
<br /> � are persanally known to me to be the identical persons whose names are affixed to the above instrument as Vice President and Asaistant Secretary of said
<br /> corporation, and they acknowledged the instrument to be their voluntary act and deed and the voluntary act and deed of said corporation.
<br /> �j Witness my hand and Notarial Seal the date last aforesaid. (gEAL) John �•�f�$'tr0
<br /> i
<br /> { Notary Public.
<br /> My coxnmission expires on the 3� day of �C'tObeT 19 33 .
<br /> —��
<br /> ,
<br /> ;
<br /> I �� , _
<br />
|