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<br /> ---_L�I�J-�eTATEJIIURnIAL�GOMPANY.�L.iDICQLN.�NEH . .. .. . .-._. ,.__. . _,.__ . .�__ . . .__. �----'-_.—._
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<br />�I �� From STATE OF NEBR�I��KA, ss.
<br /> i` Hall County, �
<br /> ;, Adolph Runge, single I here6y certify that this instrumer��t u;as filed for reeord in m� offiee
<br /> � . at � o'cloelc A.aT. Apxil 26, 19 3p , and is
<br /> � a e g
<br /> dul� recorded in book ��Q p g , , �
<br /> v�L���� �-��L<<�y� Register of Deeda
<br /> ;j To B�
<br /> I Texas Production Company Deputy.
<br /> 'I� � I'ees.�.�0
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<br />' �' EA� o -B o� OIL AND GAS MINING LEASE en�al �ook �
<br /> , l� � �y �. .N. 1_ 1 0 B J.T.�
<br /> � ��� � 3� 93 y .
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<br />, ;: An Agreement, entered into this �.9 day of eb• 18 I
<br /> f; , �� , between �
<br /> N;, Adolph l�unge, Sin�le Man �
<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 �We1VL' - Dollars ($ 1�•�� ), in hand paid, af Ehe royalties herein provided
<br /> and the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto lessee, for the purpose of
<br /> a� 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 ' thereon, to produce, save, take care of, Lreat and transport said products, the following described
<br /> 1 land in ��,�. County, State of NebrlMlps., to-wit:
<br /> 1Vorth Half North West Quarter Section seven�een and East HaZf South Half North East Quarter
<br /> � Eighteen TovPnship Twelve North Ra.nge Eleven �test and containin� 120 acrss more or less.
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<br /> � �� 2. Subject to Che other provisions herein contained, this lease shall remain in force for a term of ten years from this date (hereinafter called "prfmary
<br /> I term") and as iong thereafter as either oil or gas is or can be produced from any well on said land.
<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 vvells 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 taaks, lessor's interest in either case to bear its
<br /> Eproportion 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 shall be one-eighth of the amount realized from such salea.
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<br /> 4. If drilling operations are not commenced on said land on b fore,.qne yearf�o 1�s c�ate, this lease shall�hen te,r�n�nate as to both parties, unless
<br /> i lessee shall pay or tender.t 1essor or to the credit of lessor in ��a�e t3a.111S OI ��1T0 S�,lik at (ia, TO 1V@!J• (which bank is
<br />' � lessor's agent) the sum of �1X -------------------------�-----�------------------- �oliars ($6.��
<br /> (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, semi-a,nnually, in '
<br /> like manner, and upon like payments or tenders, the commencement of drilling operatione may be further deferred for periods of six months during the
<br />, �i primary term. The pa,yments or tenders of rental may be made by the check or draft of lessee mailed or delivered to said bank on or before such date
<br /> `� of payment. Drilling operations hereunder shall be deemed to be commenced when the first material is placed on the ground. Notwithstax►ding any devolu-
<br /> I, tion, change or division in the ownership of said land, the payments or tenders of rental in the manner herein provided shall be binding on the succeasors,
<br /> M', assigns or legal representatives of lessor. If such bank (or any succeasor bank) should �ail, liquidate or be succeeded by another bank, lessee shall not
<br />' be held in default for failure to make such payments or tenders until thirty days after lessor shall deliver to lessee an instrument in writing duly
<br /> II executed and acknowledged, na,ming another bank as agent to receive such payments or tender�. The down cash payment is consideration for this lease
<br /> accoxding to its terms and shall not be alocated as mere rental for a period.
<br /> i; 5. If prior to the discovery of oil or gas on said land lessee should driil a dry hole or holes thereon,this lease shall not be terminated thereby if lessee,
<br /> �� before the next ensuing rental paying date, commences further drilling operations or commences or resumes the payment or tender of rentaIs. If after t$e
<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 />, a 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 /> I!� operations thereon, the lease shall remain in farce so long as drilling operations are prosecuted, and, if they reault 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 /> �` gas, wood, � and water lrom said land, except water from lesaor's wells, for all operations hereunder; and the royalty on oil
<br /> � 6. Lessee ahall have the free uNe of oil,
<br /> �, and gae shall be in the net quantity after deducting any so used for operations. Lessee shall have the right at any time during or after the expiration pf 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 requirGd by leasor, lessee 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 conaent. Lessor shall have the privilege,
<br /> � !, at the risk and expense of leasor, of making connection and using gas Yrom any gas well on said land for stoves and fnside lights in the principal dwelling on &aid land out
<br /> oP any aurplus gas not needed for operations hereunder,
<br /> � i� 7. The rights of either party under this lease may be assigned fn whole or in part and Yhe provisions hereoP shall extend to the heirs, eraonat representatives, successors
<br /> and assigns, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the rights and privileges of lessee. '
<br /> �� � � No sale or assignment by lessor shall be binding on lessee I
<br /> for any purpose until lessee ahall be furnished with an instrument in writing evidencing such sale or assignment. IP lessee assfgns this lease in part, the obligation (if any
<br /> 1 exists) to pay rentals is apportioned as between the aeveral owners ratably according to the surface area of each, and default b one of them in the
<br /> Y payment oP rentals
<br /> shall not affect the valid3ty of the lease on��he portion of land upon which pro rata rentals are paid or tendered.
<br /> � ;� 8. This lease shall never be forfeited�°cancelled,�for failure by lessee to perform in whole or in part any of fts implied obiigations, nor while 4i1 or gas is
<br /> ;i being produced in paying quantities for any cause whatsoever, unless there sha.11 first be a final judicial ascertainment that such obligation or cause exista and that lessee (
<br /> d� �% is in default. Upon such final determination, lessee is hereby given a reasonable time thereafter to comply with auch obligation, or, at leasee's election, to surrender the
<br /> lease, with the option of reserving, under the terms of this lease, each producing well and ten acres aurrounding it to be selected by lessee. Leasee sha11 not be liable in
<br /> ry �; damages for breach of any implied obligation.
<br /> ; 9. If six or more persons be or become entitled to royalties hereunder, they shall by sufficient written instrument designate some agent to receive payment for all,
<br /> �; and lessee shall not be required to make payment until such instrument is furn3shed.
<br /> !; 10. When drilling or other operations are delayed or interrupted by lack of water, labor or materiai, or by fire, atorm, flood, war, rebellion, inaurrection, riot, atrike,
<br /> ;j differences with workmen, or failure of carriers to transport or furnish facflities for transportation or as a result of some order, requisition or necesstty of the government,
<br /> or as the result o4 any cause whatsoever beyond the control of the lessee, the time of such delay or interruption shali not be counted against leasee, anything in this lease to
<br /> I� the contrasy notwithstanding.
<br /> 11. Lessor hereby warrants and agreea 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
<br /> � �i ariy taxes, mortgages or other liens upon said land, and in that event lessee shall be subrogated to auch lien, with full right to enforce the same, and in addition thereto may
<br /> i� retain for the satisfaction of auch lien and interest all royalties or rentals accruing hereunder. If lessor owns an interest in sr�id land lesa than the entire fee simpie estate,
<br /> then the royalties and rentals to be paid lesaor shall be reduced proportionately, Should the right or interest of lessee hereunder be diaputed by lessor, or any other person,
<br /> i � 'I the time covered by the pendency of such dispute shall not be counted against lesaee 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 suspend all payments until there fs a final adjudfcation or other determination of such dlspute.
<br /> � ; IN WITNESS WHEREOF this instrume�nt fskegecuted � t�eOdate first above written. � ,
<br /> ;� Po$ e on Ma DE C�I TIORT � DATA Adolf Runge _ . ��F.AT")
<br />�� � �� 2-2� �4�30 6y �w.�. eman � �s��
<br /> II ���� �� � L.SS ft �
<br /> �i Attest: � F O
<br /> J.Gr•NuC�Tlal l � ORP TEXAS PRODUCTION COMPANY,
<br />, I� ,
<br /> SEA ) By A.R.�ilson _
<br /> �� Assistant Secretary. Vice 'President
<br /> �; LESSEE
<br /> ' STATE OF NESRASKA, $efore me, the undersigned a No�ar Pu.b].ic in and for said Coun ,
<br /> ;' county of Hall' , � � ss• and State on this 1� daq o� Feby, 19 j�0,personall� ap�eared �idolph
<br /> i, Runge,Single Man,an to me k�oa� to be the iden ica person whb
<br /> ' execut�d the within and fore oing instr�ment and ackno�ledged to me that h'e executed the sa�re �� �
<br /> ! as }�is free and voluntary ac� and deed for the uses and purposes ��erein set forth. "
<br /> �; Gi �n under �ny hand and seal the day and year last abave t�ritten. � �
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<br />�� �i � � � � - � � � . (�EAL) G.�.R.a.ven ��
<br /> !' Notary Pubiic.
<br /> i� My commission expires _�TL11.3T 27, 1934: „ ' . tq�
<br /> I' STATE OF COLORADO, � �
<br /> �; City and County of benver, Sa�
<br /> I �� On this �.9 day of �arch , 19 3� , before me, a Notary Public, in and for said County,personally came the above named
<br /> �� A.R.�1180I� , Vice President and sT.�..��C�218,],l, ' Assietant Secretary of said Texas Production Company, who
<br /> are personally known to me to be the identical persons whose names are affised to the above instrument as Vice President and Assistant Secretary of said
<br /> corporation, and they acknowledged the instrument to be their voluntary act and deecl and the voluntary act and deed of said corporation.
<br /> i Witness my hand and Notarial SeaI the date last aforesaid. (gEAL� John T.Nystrom
<br /> I Notary Public.
<br /> M commission expires on the 30 dav of Oetober lg
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