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<br /> ! STATE OP NEBRASKA,�
<br /> � From �Zall County, 3�'
<br /> �i
<br /> 1 �C1.a.It1 �'�4egeT� 8�21�1e I hereb� certi,f� that this instrumer�t 2cg s filed for record in mf office
<br /> j' at �•��o'c1,ncic A.Df., April 2(�� 19 3� , and is
<br /> dul� recorded in book lly page �- .
<br /> ;� ���� ���
<br /> Register of Deeds
<br /> To B�
<br /> " Texas Production Company - De ut�,
<br /> ;i _ _
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<br /> � P'ees,��6 2•6�j
<br /> �� — �
<br /> ;' �Ea�e ��� o NB � o �� �� OIL AND GAS�� 1VIINING LEASE � � ��a� � 'ok
<br /> �; 3�� ���� �y �.�.r�. . 3 1 193o�q J.2.x.
<br /> An Agreement, entered into this �.9 day of Feb�- , 19 3� , between
<br /> �', Acta,m Stoeger a single man
<br /> �� jl lessor (whether one or more), und TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> 1. Lessor, in consideration of the sum of Sixtee� Dollars (� 16•00 ), in hand paid, of the royalties herein prov3ded
<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 /> i! 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 (incIudang houses for employees) thereon, to produce, save, take care of, treat and transport said products, the following described
<br /> ii land in Ha.l.Z County, State of Nebraska, to-wit:
<br /> � �
<br /> , f! North West Quarter Section Twenty four Toe�2ship Twelve North Range Twelve �est and containin� •
<br /> `� ": 160 aeres more or lese.
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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 "prima �
<br /> � term") and as long thereafter as either oil or gas is or can be produced from any well on said land; however, leasee at any time may release this lease
<br /> !` in whole or in part. �
<br /> 3. The royaIties reserved by Iessor, and which shall be paid by Iessee, are (a) on oiI, one-eighth of that produced and saved from said Iand, the sa,me
<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, frpm time to
<br /> i� time, the market price at the wells of such one-eighth on the day it is run to the pipe line or atorage tanka, lessor's interest in either case to bear its
<br /> proportion of a,ny 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 ao sold or used, provided that
<br /> if and when lessee shall sell gas at the wells lessor's royalty thereon shaIl be one-eighth of the amount realized from such sales. Lessee is hereby given the
<br /> ' option of purchasing all ar any part of said royalty rights from the lessor at the best bona fide price offered by responaible third parties when and if
<br /> offered for sale or transfer by lessor.
<br /> \ , �j 4. If drilling operations are not commenced on said land o b for n ea o t i ate this lease sh�,y,t1� er te as to both parties, unless
<br /> � ;� lessee shall pay or tender to lessor or to the credit of lessor in'��a�e �'a�i� b� '�a'��$ ' � at ti&s��s�• (which bank is
<br /> lessor's agent) the sum of Eight � — — — — — — — -� — — — — — — — — — — — — — — — Dollars ($ �.�� )
<br /> (hereinafter called "rental"), which shall extend for six months the Lime within which drilling operationa may be commenced. Thereafter, semi-annually, in
<br /> �, like manner, and upon like payments or tenders, the commencement of drilling operations may be further deferred for periods of six months during the
<br /> (� prima,ry term. The payments or tenders of rental may be made by the check or draft of lessee mailed or delivered to said bank on or before such date
<br /> � of payment. Drilling operations hereunder sha,21 be deemed to be commenced when the first material is placed on the groun@. Notwithstanding any devolu- (
<br /> �, tion, change or division 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 an successor bank should fail li uidate or be succeeded b another b k 1
<br /> Y ) , q an essee shall not
<br /> Y ,
<br />' !� be held in default for failure to make such payments or tenders until thirty days after lessor shall deliver to lessee an instrument in writing duly
<br />'� 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 /> t: according to its terms and shall not be aIocated as mere rental for a period.
<br /> �i
<br /> ,, 5. If prior to the discovery of oil or gas on said land lessee should drill a dry hole or holes thereon,this lease shall not be terminated thereby if lessee,
<br /> �I 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 /> ii diacovery of oil or gas the productiun thereof should cease from any cause, this lease shall not be terminated thereby if lessee commences additional drilling
<br /> i' operations within sixty 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. 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 /> � ji 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 /> `_ j; 6. Lessee shall have the free use of oil, gas, wood, coal and water irom said land, except water from lessor's wells, for all operations hereunder, and the royalty on ofl
<br /> �i1� and gas sha11 be in the net quantity after deducting any so used for operations. Lessee sha11 have the right at any time during or after the expiration of this lease to remove
<br /> all property and fixtures placed by lesaee on said land, including the right to draw and remove all casing. When required by lessor, lessee will bury a11 pipe lines below
<br /> ;i ordinary plow depth, and no well shall be drflled within two hundred feet of any residence or baxn now on said land without lessor's conaent. Leasor �hall have the privilege,
<br />� at the risk and ex ense oE lessor, of making connection and usin a,s from an as w
<br /> A g g Y g ell on said land for atoves and inside li hts in the rin i
<br /> i of any surplus gas not needed for operations hereunder.
<br /> g p c pa1 dwellmg on said land out
<br /> 7. The righta of either partq under this lease may be assigned in whole or fn part and the provisions hereof shall extend to the heirs, personal representatives, auccessors
<br />, � and assigns, but no sale or assignment by lessor shall operate to enlarge the oUligation� or diminish the rights and privileges of lessee. Should leasee assign this lease in
<br /> whole or in part lessor shall look solely to the assignee for performance of its terms as to the parts so aesigned. No sale or assignxnent by lessor sha11 be binding on lesaee
<br /> for any purpose until lessee shall be furnished with an inetrument in writing evidencing such sale or assignment. If lessee assigns this lease in part, the obligation (i! any
<br /> exists) to pay rentals is appoi�tioned as between the several owners ratably according to the surface area of each, and default 'by one of them in the payment o! rentals
<br /> � ahail not aYfect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> V� 8. This lease shail never be forfeitecl, cancelled, or terminated Por failure by lessee to perform in whole or in part any of its implied obligations, nor while oil or as is
<br /> , g
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<br /> �, being produced in paying quantities for any cause whatsoever, unleas there shall first be a final judicial ascertainrr�ent that such obligation or cauae exista and that lessee
<br /> il is in default. Upon auch tinal deterxnination, lessee is hereby given a reasonable tiane thereaSter to comply with such obligaCion, or, at lessee's election, to surrender the
<br /> (� lease, with the option of reaerving, under the terms of this lease, each producing well and ten acres surrounding it to be aelected by lessee. Lessee ahall not be liable in
<br /> � damagea for breach of any implied obligation.
<br /> fi 9. If six or more persona be or become entitled to royalties hereunder, they shall by sufficient written instrument designate some agent to receive payment for ali,
<br /> and lessee ahall not be required to make payment until such instrument is furnished.
<br /> '? 10. When drilling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, storm, flood, war, rebellion, insurrectIon, riot, strike,
<br />, ,� differences with workxnen, or failure of carriers to transport or furnish facilities for transportation or as a result of some order, requisition or neceasity oi the government,
<br /> or as the result of any cause whatsoever beyond the control of the lessee, the time of such delay or interruption shall not be couttted against lessee, anything in this lease to
<br /> j � the contraxy notwithstanding. ,
<br /> I i; 11. Lessor hereby warrants and agrees to defend the title to said land and agreea that lessee, at lessee's option (but without any duty to do so), may pay and discharge
<br /> i! asiy taxes, mortgagea or other liens upon said land, and in that event lessee shall be aubrogated to such lien, with full right to enforce the same, and in addition thereto may
<br /> �, retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. If lessor owns an interest in safd land less than the entfre fee simpie estate,
<br /> then the royalties and rentals to be paid lessor shall be reduced proportionately. 8hould the right or interest oT lessee hereunder be disputed by leasor, or any other peraon,
<br /> the time covered by the pendency of such dispute shall not be counted against lessee either as affecting the term of the lease or the time for payment of rentals or
<br /> �� royalties or for any other purpose, and lessee may auapend all payments until there is a final adjudication or other determination of such dfspute. ,
<br />' � � IN WITNESS WHEREOF this instrument is executed on the date first above written. •
<br /> � Posted on Map APPRO ED AS TO _ Adarrcc 3toeger (SEAL)
<br /> , 2-2� 1930 by F.�.L. ESC �P`TION & DA�A a �
<br /> � 1$/��j�eman - _ (s�j
<br /> r r�ssoR
<br /> i� Attest: TEXAS PRODUCTION COMPANY,
<br />, . ��i0��
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<br /> �, `7,C•HUC�.II�1'�' Assfstant Secretary. B�r A•R,�i 1$OII yice President
<br /> !: LESSEE
<br /> I� STATE OF NEBRASKA, ,
<br /> ;; County of H�1,1�. sg� ',
<br /> {' On this �.9 day of F b• , 19 30 , before me, a Notary Pubiic, in and for ssid County, personally came the above named
<br /> ;;
<br /> Adam 3toe er and 9i le I►�a,n II
<br /> � � � , �who are personally known to me to be the identicai
<br /> I! persons whose names are affixed to the above instrument as lessors, and they each acknowiedged said instrument to be their voluntary act and deed.
<br /> ' Witness my hand and Notarial Seal the date last aforesaid. /sEAL 8.R..Be71t021 �
<br /> � ` � Notary Public.
<br /> {. My commission expires on the �,g't day of Feby• , 19 35 . i
<br /> i% STATE OF COLORADO, ,�.,`
<br /> � ss.
<br /> �� City and County of Denver, � ?
<br /> ;' On this 1.9 day of �rC� , 19 /0, before me,a Notary Public, in and for said County, personally came the above na.med '
<br /> i �.R.��1.$OYi , Vice President and cT.�i.HL1dI1311 Aseistant Secretary of said Texas Production Company, who i ,
<br /> ! are personally known to me to be the identical persons whose names are affixed to the above instrtzment as Vice President and Assistant Secretary of aaid �
<br /> corporation, and they acknowledged the inetrument to be their voluntary act and deed and the voluntary act and deed of said corporation. �
<br /> !� Witness my hand an@ Notarial Seal the date last aforesaid. �SEAL) John �.°.Nyatrom I
<br /> �' �� Notary Publia i
<br /> � My commission expires on the 3� da of Oot4ber 19 33!
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