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<br /> LlI��J�.W.J�JJI������/J�� ISi����/J�� W
<br /> STATE OF NEBRASIfA,�
<br /> From HaZt County, ss.
<br /> OttO I+UhA and 4P3.fe I hereb� certify thcct this instrumer��t uas filed for record in my offiee
<br /> , at 5�:00 dclncic A.�i., April 26, 1930 , and is
<br /> dul� reeorded i�z book Q page 3
<br /> ��� ���
<br /> Register of Deeds
<br /> To B�
<br /> Texas Production Company Deputy. �
<br />' THE TEXAS COI+�PANY Fees,$2.65 .
<br /> Na. AT- 2 ea e . I
<br /> �easrationBSoo�T � OIL A1�TD GA►S MINI1\TG LEAS 3���a�j�3$°�By J. .�.
<br /> 3��3 193o s� J. . .
<br /> An Agreement, entered into this �.9 day of �eb�_ , 19 30 , betweea
<br /> Otto and Rase Luhn ,husband and wife
<br /> lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organi/zed under the laws of Colorado, lessee. �
<br /> 1. Lessor, in consideration of the sum of Sixtee� Dollars (� 1.0•0� }, in hand paid, of the royalties herein provided
<br /> and the agreements of lessee herein contained, hereby grants, leases and lets exciusively unto lessee, for the purpose of testing by any method for formations �
<br /> and prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powers, stations, telephone lines
<br /> and other structures (including houses for employees) thereon, to produce, save, take care of, treat and transport said products, the following described
<br /> land in �8.�.�. County, State of Nebraska, to-wit:
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<br /> 3outh East Quarter Section Twenty 3ia, Town�hip Twelve,North Ra.nge, Twelve West and containing � '
<br /> 160 acres more or less. �
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<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 i
<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 I
<br /> in whole or in part. �
<br /> 3. The royalties reserved by lessor, and which ahall be paid by leasee, are (a) on oil, one-eighth of that produced and saved from said land, the same �
<br /> to be delivered at the wells or to the credit of lessor in the pipe line to which the wells may be connected, or, at the option of the lessee, from time to
<br /> time, the market price at the wells of such one-eighth on the day it ie run to the pipe line or storage tanka, lessor's interest in either case to bear ita
<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 land 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 ahall aell gas at the wells lessor's royalty thereon shall be one-eighth of the amount realized from such salea. Lessee is hereby given the
<br /> option of purchasing all or any part of said royaity rights from the lessor at the best bona fide price offered by responsible third parties when and ff
<br /> offered for sale or transfer by leseor. -
<br /> 4. If drilling operations are not commenced on said land on bef re ar r i ate, this lease shall then termina,te as to both partiea, unlese
<br /> lessee shall pay or tender.to lessor or to the credit of lessor in ��a�e ���� ���a��� ��t_ _ � QO (which bank is
<br /> lesaor's agent) the sum of �,'1gYlt — — — — " — — — — — " ' — " ' ' — Dollars (� •
<br /> (hereinafter called "rental"), which sfiall extend for six months the time within which driliing operations may be commenced. Thereafter, semi-annually, in
<br /> like manner, and upon like payments or tendera, the commencement of drilling operafcions may be further deferred for periods of six months during the
<br /> primary term. The payments or tenders of rental may be made by the check or draft of lessee mailed ur delivered to said bank on or before such date
<br /> of payment. Drilling operations hereunder shall be deemed to be commenced when the first material is placed on the ground. Notwithstanding any devolu- �
<br /> tion, change or diviaion in the ownership of said land, the payments or tenders of rental in 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 ahall not
<br /> be heid in default for failure to make such payments or tenders until thirty days after lessor shall deliver to lesaee an instrument ia writing duly �
<br /> 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 /> 5. If prior to the discovery of oil or gas on said land lessee ahould drill a dry hole or holes thereon,this lease shall not be terminated thereby ff lessee,
<br /> 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 eommences additional drilling
<br /> operations within sixty days thereafter or (if it be within the primary term) commences or resumes the payment or tender o€ rentals before the nest
<br /> ensuing rental paying date. If 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 result in the production of oil or gas, so long
<br /> thereafter as oil or gas is or can be produced from any well on said land.
<br /> 6. Lessee shall have the free use of oil, gas, wood, coal and water from said land, except water from lessor's wells, for all operationa hereunder, and the royalty on oil
<br /> and gas shall be in the net quantity after deducting any so used for operations. Lessee ahall have the right at any time during or after the expiration of thia lease to remove
<br /> all property and fixtures placed by lessee on said land, including the right to draw and remove all casing. Wken required by lessor, lessee will bury all pipe linea below �
<br /> ordinary plow depth, and no well ahall be drilled within two hundred feet of any residence or barn now on asid land without lesaor's consent. Lessor sha11 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 inside lights in the prfncipal dwelling on said land out
<br /> of any surplus gas not needed for operations hereunder.
<br /> ?. The rights of either party under this lease may be aseigned in whole or in part and the provisions hereof shall extend to the heirs, personal representatives, succe99ore
<br /> and assigns, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the rights and privileges of lessee. Should lesaee asaign this lease in �
<br /> whole or in part lessor shall look solely to the assignee for performance uf ita terms as to the pasts so assigned. No sale or assignment by lessor ahall be binding on lessee
<br /> for any purpose until lessee shall be furnished with an instruxnent in writing evidencing such sale or assignment. If lessee assigna this lease in part, the obligation (i! anY
<br /> exists) to pay rentals is apportioned as between the aeveral owners ratably according to the aurface area of each, and default by one of them in the payment of rentals
<br /> shall not affect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> 8. This lease sha11 never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or fn part any oE its implied obligations, nor while oil or gas ia
<br /> being produced in paying quantities for any cause whatsoever, unless there shall first be a final judicial ascertainrnent that auch obligation or cause esiats and that lesaee
<br /> is in default. Upon such final determination, lessee is hereby given a reasonable time thereafter to comply with such obligation, or, at lessee's election, to surrender the
<br /> lease, with the option of reserving, under the terms oE this lease, each producing well and ten acrea surrounding it to be selected by leasee. Lessee aha11 not be liable in ��
<br /> damages for breach oY any implied obligation.
<br /> 9. IP six or more persons be or become entitled to royalties hereunder, they shall by sufficient written inatrument designate some agent to receive payment foT a11� �
<br /> and lesaee shall not be required to make payment until such instrument is furnished. �
<br /> 10. When drilling or other operations are delayed or interrupted by lack oP water, labor or material, or by fire, atorm, flood, war, rebeliion, insurrection, riot, strike,
<br />' differences with workmen, or failure of carriers to transport or furnish facilities for tranaportation or as a reault of some order, requisition or necesaity of the government.
<br /> or ae the result of anY cause whatsoever beyond the control of the lessee, the time of such delay or interruption shall not be counted against leasee, anything in thia lease to
<br /> the contrary notwithstanding. �
<br /> 11. Leasor hereby warrants and agrees to defend the title to said land and agrees that lessee, at lessee's option (but without any duty to do so), may pay and discharge r
<br /> ariy taxea, mortgages or other liena upon said land, and in that event lessee shall be subrogated to such lien, with full right to enforce the same, and in addition thereto may G
<br /> retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. If lessor owns an interest in said land leas than the entire fee simple eatate, �i �
<br /> then the royalties and rentals to Ue paid lessor shall be reduced proportionately. Should the right or interest of lessee hereunder be diaputed bq lessor, or any other peraon,
<br /> the time covered by ihe pendency of auch dispute ahall not be counted against lessee either as affecting the term of the lease or the time Por payment oi rentala or
<br /> royalties__or for any other purpose, and leasee may suspend all payments until there is a final adjudication or other determination o4 such dispute. �
<br /> IN WITNESS WHEREOF this instrument is executed on the date first above written. ' � • '
<br /> PBsted on Map (� E� T� � Otto Luhn �5��
<br /> 2-2� 1930 by F.�'.L. ����R�PT�T�� & DATA Rose Luhn cs�.)
<br /> 37,1g���eman L�ssoR � �
<br /> Atteat: GORP TEXAS PRODUCTION CODZPANY,
<br /> �8EAL3 By-- - - - - A.R.i�ilson
<br /> J.C+.HLld.YT�l.�:1-- -' Assistant Secretary. Vice Presideat
<br /> �ss�
<br /> BTATE OF NEBRASKA, � �
<br /> County of �,1.�. � �s�
<br /> On this 19 day of F'��'3. , 19 30 , before me, a Notary Public, in and for.said County, persona,lly came the above named �
<br /> Q t'�O L'tl�ipl and Ro s e LU.riA , 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 /> n and Notarial Seal the date last aforesaid. Cr.Ci.R.aven
<br /> Witness m ha d �1
<br /> y (SEAL)
<br /> � Notary Public. �
<br /> My commission expires on the �7 day of July , 19 34' . �
<br /> STATE OF COLORADO,
<br /> ss. �?��
<br /> City and County of Denver,
<br /> On this 1,9 day of �,r C�1 ¢', 193� , before me, a Notary Public, in and for said County, personally came the above named
<br /> 1�.R.�ilson , Vice President and c1.�`+•HUC�ZI&1.1 Assistant Secretary of said Texas Production Company, who ,�
<br /> are personally known to pne to be the identical persons whose names are affixed to the a,bove instrument as Vice Preaident and Aseistant Secretary of said �
<br /> corporation, and they acl:nowledged the instrument to be their voluntary act and deed and the voluntary act and deed of said corporation.
<br /> Witness my hand and Notarial Seal the date last aforesaid. (sEAL� John T.��TgtTO �
<br /> Notary Public.
<br /> My commission expires on the 3� day of OC'�O�JC'T � 19�j"
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