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<br /> ����������1�a;��� ������ �
<br /> STATE OI' NEBRASI�A,� �
<br /> From Hall County, ss.
<br /> John E.Cox and wife f
<br /> I hereby certif� that this instrumerct was 2led for record in m� office
<br />� . cct �` n'clocic A.�,1,� April� 26 19 3� , and is
<br /> � ,
<br /> dul� reeorded in book �Q„ page 'rj �i���� �
<br /> y� �
<br /> Register af Def�ds
<br /> To B� �
<br /> Texas Production Company Deputy. �
<br /> THE TEXA CO A � I+'ees,$2•�� E �� �
<br /> Expi,ration Book OIL AND CiAS MINING LEAS u Q'
<br /> . fl a19�O�SqJ.T. .
<br /> 3�3 19Ano g3ee entF, entered into this 19 day of P'eby , 19 30 , between �
<br /> John E.Co� and Dorothy C.Co�,his wife �
<br /> lessor (whether one or more), and TEXAS PROAUCTION COMPANY, a corporation organized under the laws of Colorado, leasee.
<br /> 1. Lessor, in consideration of the sum of �`hirty Two Dollars (� 32•�� ), in hand paid, of the 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 /> a.nd prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powere, stations, telephone lines
<br /> and other structures (including housea for employees) thereon, to produce, save, take care of, treat and transport said products, the following described
<br /> �d � H3�.1 County, State of Nebraslia, to-wit:
<br /> 9outh Weat Quarter Section �wenty Five and South East Quarter Sectian Twenty three Township
<br /> Twelve North Ra.n�e Twelve West and containing 320 acres more or less.
<br /> � _
<br /> 2. Subject to the other prnvisions herein contained, this lease shall remain in force for a term of ten years from this date (hereinafter cailed "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 lessor, and which shall be paid by lessee, are (a) on oil, one-eighth of that produced and sa.ved from sa3d land, the same
<br /> to be delivered at the avells 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 is run to the pipe line or storage tanks, leasor'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 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 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 i
<br /> offered for sale or transfer by lessor. (�
<br /> 4. If drilling operations are not commenced on said land on Qr be ore e ear f�Q m h�'s date, this lease shall hGn ter a,�e as to both parties, uniess ��
<br /> lessee shall pay or tender to ssor or to the credit of lessor in r`i'�8.�8 �8.� OI �S.1T0 � at G�airo;�ep• (which bank ia U
<br /> lessor's agent) the sum of S��.xteen ---�---��'—_..__...-------.•.----------------------- Dollaxs ($ 16.�� ) (
<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 operations may be further deferred for period� 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 aa.id bank on or before such date G
<br /> - of payment. Drilling operations hereunder shall be deemed to be commenced when the first material is placed on the ground. Notwithstanding a.ny devolu- l
<br /> tion, change or division in the ownership of said land, the payments or tenders of rental in the manner herein provided sha11 be binding on the succesaors, �
<br /> assigns or legal representatives of lessor. If auch bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lessee sha11 not
<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 /> executed and acknowledged, na,ming another bank as agent to receive auch payments or tenders. The down cash payment is considera,tion 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 should drill a dry hole or holes thereon, thia lease shall not be terminated thereby if 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 commences additional drilling
<br /> operations within sixty days thereafter or (if it be within the primary term) commences or resumea 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 lesaee is then engaged in drillfng
<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 aha11 have the free use of oil, gas, wood, coal and water from said land, except water from lesaor's wells, for all operationa hereunder, and the royalty on oll
<br /> and gas shall be in the net quantity after deducting any so usefl for operations. Lessee shali have the right at any time during or after the expiration of this lease to remove
<br /> al� property and Yixturea placed by lessee on said land, including the right to draw and remove all casing. When required by lesaor, lessee will bury a11 pipe linea below
<br /> ordinary plow depth, and no well shall be drilled within two hundred feet oY any residence or barn now on said land without lessor's consent. Lessor shail have the privilege,
<br /> at the risk and expense of lessor, of making connection and using gas from any gas well on sa9d land for stoves and inside lights in the principal dwelling on said land out
<br /> of any aurplus gas not needed for operations hereunder.
<br /> 7. The rights of either party under this lease may be asaigned in whole or in part and the provisions hereof shall extend to the heirs, personal representatives, auccea9ors
<br /> and assigns, but no sale or assignment by lessor ahall operate to enlarge the obligations or diminish the rights and privileges of leasee. Should lessee assign this lease in
<br /> whole or in part lessor shali look solely to the assignee for performance of fts terms as to the parts so asaigned. No sale or assignment by leasor sha11 be binding on lesaee
<br /> for any purpose until lessee shall be furniahed with an instrument in writing evidencing such sale or assignment. If 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 o! rentals
<br /> shall not atfect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered. I
<br /> 8. This lease shali never be forfeited, cancelled> or terminated for failure by lessee to perform in whole or in part any oP its implfed.obligations, nor while oil or gas fa
<br /> being produced in paying quantitiea for any cause whatsoever, unless there shall first be a final judicial ascertain�r,ent that such obligation or cauae egists and that lessee
<br /> is in default. Upon such final determination, lessee ie hereby given a reasonable time thereafter to comply with auch obligation, or, at lessee's election, to aurrender the I
<br /> lease, with the option of reserving, under the terms of thfs lease, each producing well and ten acres aurrounding it to be aelected by lessee. Lessee aha11 not be lIable in
<br /> damages for breach of any implied obligation. �
<br /> 9. If six or more persons be or become entitled to royalties hereunder, they shall by aufficient written inetrument designate aome agent to receive payment ioT all,
<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, inaurrection, riot, atrike,
<br /> differencea with workmen, or failure of carriere to transport or furnish facilities for transportation or as a result of aome order, requisition or necessity of the governtnent,
<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 counted against lessee, anything ia this leaae to
<br /> the contrary notwithstanding.
<br /> 11. Lesaor hereby warrants and agreea to defend the title to said land ond agrees that lessee, at lessee's option <but without any duty to do so?, �ay pay and discharge
<br /> &xiy taxes, mortgages or other liens 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
<br /> retain for the sutisfaction of such lien and interest all royalties or rentals accruing hereunder. If lessor owns an interest in said land less than the entire Yee simple estate,
<br /> then the royalties and rentals to be paid lesaor ahall be reduced proportionately. Should the right or interest of lessee hereunder be diaputed by leseor, or any other person,
<br /> the time covered by the pendency of such diapute ahall not be counted against lessee either as affecting Yhe term oE the leaae or the time for payment oi rentale or
<br /> royalties or for any other purpose, and lessee may suspend ali payments until there is a fittal adjudication or other determination of auch dispute.
<br /> WITN S WHEREOF this instruxnent is execute n first above written. '
<br /> Poste� on �ap D � � ���0��&��ATA � John E,Coz , cs��
<br /> 2-2� 1930 by F.VP.L. -�- ��r e�� Dorvthy C.Co�c cs�.�
<br /> ' 3� ��3� LrssoR
<br /> Attest: �,Qj� TEXAS PRODUCTION COMPANY,
<br /> J.C.Hudnall ��EAL� By A.R.Wilson .
<br /> Assistant Secretary. Vice President
<br /> r�ss�
<br /> STATE OF NEBRASKA, �
<br /> County of
<br /> H8.�.1 as'
<br /> On this 1.9 day of Feb• , 19 3� , before me, a Notary Public, in and for said County, personally came the above named
<br /> John E.(i'O$ and Doro�hy C.C+OX , 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 acknowiedged said instrument to be their voluntary act and deed.
<br /> Witness my hand a.nd Notarial Seal the date last aforesaid. /s�AL� G C Ra.ven
<br /> - � � Notary Publie.
<br /> My commission expires on the 27 day of Ju3-y �� , 19 3`"�' .
<br /> STATE OF COZORADO,
<br /> � ss.
<br /> City and County of Denver,
<br /> On this 19 day of �TCh , 19 �� before me, a Notary Public, in and for said County, personally came the above named
<br /> �1,�.Wi1$on , Vice President and J•C''•�u(��'�`"1' . Assistant Secretary of said Texas Production Company, who
<br /> are personally known to me to be the identical persons whose names are affixed to the above instrument as Vice President and Assistant Secretary of eaid
<br /> corporation, and they acknowledged 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 laet aforesaid. (gEAL) John T.��S'�r01f1
<br /> Notary Public.
<br /> M commission expires on the 0 day of �Ct013�T , 19 33•.
<br /> I
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