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<br /> STEITE Ol�' NEBRASgfl,�
<br /> I From xaia county, s�.
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<br /> i', Jose� Ruzicka, wido�er -
<br /> ;, I hereb� certif� that this instrumer��t uas filed for record in mJ office
<br /> i�� � at 8 o'cl,ocic A.D1., April 26, is 30 , dnd is �
<br /> �� duly recorded in book �Qp pa�e 6 .
<br /> �� ����� �-������Register of Deeds {
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<br /> � Texas Production Company Deputy.
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<br />� r - �y � ��°� �B�° .N. OIL AND G,P�.S MTNING LEAS e��� �����, �
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<br /> i' An Agreement, entered into this l,9 day of Feb�uary , 19 3� , between i
<br /> �:
<br />� Josef Ruzicka, a widower _ _ �
<br /> lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the lawa of Colorado, lessee. �
<br /> ?j 1. Lessor, in consideration of the auin of six�een Dollars (� 16.�� ), in hand paid, of the royalties herein provided
<br /> ' and the agreements of lessee herein contained, hereby granta, leases and leta exclusively unto leasee, 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 /> N�' and other structures
<br /> (including houses for employees) thereon, to produce, save, take care of, treat and transport said products, the following described
<br /> �.i land in �a�.l County, State of Nebraska, to-wit: - �
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<br />' North SNe�t Quarter Section Twenty To�rnship T�elve �lorth Ran�e Twelve �est containin� 160
<br /> r' 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
<br /> �j term") and as iong 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 saved from said land, the same �
<br /> to be delivered at the cvells or to the credit of lessor in the pipe lins to which the wells may be connected, or, at the optiott of the lessee, from time to I
<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, 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 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 uaed, proVided that -
<br /> if and when lessee shall sell gas at the wella lessor's royalty thereon shall be one-eighth of the amount realized from such sales. Lessee is hereby given the
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<br /> 1' optioa of purchasing all or any part of said royaity rights from the lessor at the best bona fide price offer�d by reaponsible third p9.rtiea when and if
<br />, offered for sale or transfer b lessor.
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<br />'I 4. If drillin o erations are not commenced on said land on or before one_ ear from thi�s date this lease sh�} t en ter�pa,�e as to both parties, unless
<br /> i leasee shall pay or tender to lesgox �ko the credit of lessor in $t�,tQ $8,21� Of Cia.lr0 � �eak at Ga,�rO lYGC.� QO (which ba,nk is I
<br /> lessor's agent) the sum of Llg 'C ---------�—�-------------�-------L----------- �ollars . �
<br /> (hereinafter called "rental"), which shall eYtend for su� months the time within which drilling operations may be commenced. Thereafter, aemi-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 /> ' 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 d�.te
<br /> of payment. Drilling operations hereunder sha,ll be deemed to be commenced when the first material is placed on the ground. 1�Fotwithstanding any devolu-
<br /> tion, change or division in the ownership of said land, the payments or tenders of rental in the manner herein provided ahali be binding on the successors,
<br /> assigns or legal representatives of lessor. If such bank (or any succassor bank) ahould fail, liquidate or be succeeded by another bank, lessee sha11 nat
<br /> be held in default for failure to make such payments or tenders until thirty days after lassor shall deliver to lessee an instrument in writing duly
<br /> ' executed and acknowledged, na,ming another barak as agent to receive such payments or tenders. The down cash payment ie consideration for this lease
<br /> i;' 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,this lease shall not be terminated thereby if lessee,
<br /> i� before the next ensuing rental paying date, commences further cirilling operations or commences or resumes the payment or tender of rentals. If after the
<br /> !' discovery of oil or gas the production thereof �hould cease from any cause, this lease shail not be terminated thereby if lessee commences additional drilling
<br /> I; operations within su�ty days thereafter or (if it be within the primary term) commences or resumes the paymettt 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 /> �; 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, caal and water from said land, except water from lessor's wells, 1or all operations hereunder; and the royalty on ofi
<br /> and gas shall be in the net quantity after deducting any so used for operations. Lessee shali have the right at any time during or after the expiration of this lease to remove
<br /> ' ali property and fixtures placed by 2essee on said lancl, including the right to draw and remove all casing. When required by lessor, lesaee will bury all pipe tines below
<br /> � 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 shall have the privilege, �
<br /> ' at the risk and expense of lessor, of making connectlon and using gas 2rom any gas well on safd land for stoves and inside lights in the principal dwelling on said land out
<br /> j{ of any surplus gas not needed for operationa hereunder.
<br /> �� 7. The rights oE either party under thia lease may be assigned in whole or in part and the provisions hereof shall extend to the heira, personal representatfves, successors �
<br /> �i and assigns, but no sale or asaignment by lessor shall operate to enlasge the obligations or diminish the rights and privilegea of leasee. Should lessee assign this lease in
<br /> whole or in part lesaor sha11 look solely to the assignee for performance of its terms as to the parts so asaigned. No sale or assignment by lessor shail be binding on leasee
<br /> for any purposa until lessee shall be furnished with an instrument in writing evidencing such sale or assignment. IE lessee assigns this lease in part, the obligation (if any
<br /> i' exists) to pay rentals is apportioned as between the several owners ratably according to the surface area of each, and default by one oP 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 />' iJ 8: This lease ahall never be forfeited, cancelled, or terminated for failure by leasee to perform 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 shall first be a final judicial ascertainment that such obligation or cause exista and that lessee �
<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 of this lease, each producing well and ten acres surrounding it to be aelected by leasee. Lesaee 8ha11 not ba liabie in I
<br /> �; damages for breach of any implied obligation.
<br /> i; 9. IP six or more persons be or become entitled to royalties hereunder, they shali by sufficient written instrument designate some agent to receive payment for all, i
<br /> i� and lessee shall not be required to make payment untfl such inatrument is furnished. iI
<br /> y 16. When drilling or other operafions are delayed or interrupted by lack of water, labor or material, or by fire, storm, flood, war, rebellion, inaurrection, riot, strike, f
<br /> differences with workmen, or failure of carriers to transport or furnish facilities for tranaportation or as a result of some order, requiaition or necessity oY the government, I
<br /> (! or as the result of any cause whateoever beyond the control of the lessee, the time of such delay or interruption shall not be counted against lessee, anything in this lease to
<br /> �� the contrary notwithstanding.
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<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 diacharge
<br /> ij asiy taxes, mortgages or other liens upon said land, and in that event lesaee sha11 be aubrogated to auch lien, with full right to enforce the same, and in addition thereto may
<br /> retain Por the satisfaction of such lien and interest all royalties or rentals aceruing hereunder. If lessor owna an interest in said land lesa than the entire fee aim le estate,
<br /> �i then the royalties and rentals to be paid lessor shall be reduced proportiottately. Should the right or intereat of lesaee hereunder be disputed by lessor, or any other person, '
<br /> (; the time covered by the pendency of such dispute shaIl not be counted against lessee either as afPecting the term oP the lease or the time Yor payment of rentals or
<br /> royaltiea or for any other purpose, and lessee may suspend all payments until there is a final adjudication or other determination of such dispute.
<br /> I'� IN WITNESS WHEREOF this in3trument is executed on the date first above written.
<br /> �- Po ted �gap APPROVED AS TO Josef $u.zicka tsEAL3
<br /> 2-�$ 19�j$ by �'.�i.L. DESCRIPTION & DATA .
<br /> �' ��,���r���man - . ts�L�
<br /> LFSSOR,
<br /> i Attest: �0� TEXAS PRODUCTION COMPANY,
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<br /> �, J.C.Hudnall - �3EAL� $y A.R.Rilson . I
<br /> �) Assistant ecretary. Vice President
<br /> �` LESSEE
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<br /> " STATE OF NEBRASKA, �
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<br /> ; County of H8.1�. �
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<br /> On this ].9 day of February , 19�j� , before me, a Notary Public, in and tor said County, persona.11y came the above named
<br /> il Josef Ruzicka �- a widower
<br /> , l�lq who are personally known to me to be the identical
<br /> persons whose names are affixed to the above instrument as Ieasors, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> li Witness my hand and Notarial Seal the date last aforesaid. �s�L, �rr�C��B.Q�T!
<br /> 1' Notary Public.
<br /> G My commission expires on the 27 day of July , 19 3`� .
<br /> �� STATE OF COLORADO, ��
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<br /> 'i City and County of Denver, � Ss� t
<br /> i On this 19 day of �rch , 1930 , before me, a Notary Public, in and for said County, personally came the above named
<br /> �i �.R.�1�.$021 , Vice President and J.�+.HUC�I1a��. ' Assistant Secretary oF said Texas Production Company, tvho
<br /> are personally known to me to be the identical persons whose namea are affixed to the above instrument as Vice President and Assistant Secratary of said
<br /> j� corporation, and they acknowled�ed the instrument to be their voluntary act and deed and the voluntary act and deed of said corporation.
<br /> : Witness my hand and Notarial Seai the date last aforesaid. (gEAL) John T.��8,.*iT0ffi
<br />� I� Not ry Public.
<br /> � My commission expires on the 30 day of Octtober , 19�j3
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