|
-- � � ��}; �� �� `� .
<br /> �����J�J��v�!���� ������ �
<br /> __-- =�,� _— _ -_ —
<br /> STATE OF NEBRASSA,�
<br /> From Hall County, �3'
<br /> James H.HtA18tt� widower I laereby certify that this instrumer�t uas filed for 9•ecord in my office
<br /> - at S` n'clocic �. �i., ApT3.1 26� 19 30 , and is
<br /> dul� recorded in boolc p Q�� page 9 .
<br />'I ��;��,� �����._��, Register of DeedB �
<br /> To B� ir
<br /> Texas Production Company __ Deputy.
<br /> �HE TE�A�.S;Q�i�i?AiL3C ; I�'ees,�.SO
<br /> � A� a �a N� � OIL AND GAS MINING LEASE �����3��° y J.T x.
<br /> o � �.�,�.
<br /> ��� �9� Y -
<br /> An Agreement, entered into this 2� day of February , is30 , between
<br /> James H.Hulett, a �ido�er _
<br /> lessor (whether one or more), and TEXA.S PRODZTCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> 1. Lessor, in consideration of the sum of T4�T221'ty f oU.r poilars ($��.{�,QQ ), 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 forma.tions
<br /> and prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powers, stations, telephone linea
<br /> and other structures (including houses for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following described
<br /> land in xc'��.�... County, State of Nebraska, to-wit:
<br /> �3outh �'est Quarter Section Thirty:Atorth �Pest Quarter North East Quarter: North East Quarter
<br /> North �fest Quarter Section thirty one Township Twelve North Range Eleven �fest and containing
<br /> 240 acres more or less.
<br /> ` k � -
<br /> , ,
<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 /> 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 /> fn whole or in part.
<br /> 3. The royalties reserved by lessor, and which sha11 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 tanks, lessor's interest in either case to bear its �'
<br /> proportion of any espense 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 shall be one-eighth of the amount realized from such sales. Lesaee is hereby given the �
<br /> option of purchasing all or any part of said royalty rights from the lesaor at the best bona fide price offered by responeible third,parties when and ff �
<br /> offered for sale or transfer by lessor. �
<br /> 4. If drilling operations are not commenced on said land o b fore,.pne��yearf�o t�i s date, thia lease sha t n term�' at� as to both partiea, uniese
<br /> lessee shall pay or tender t sp to the credit of lessor in��a�e 1,3a.T1K OI �SL1T0 � at '�a'�ro, 1V�t�• (which bank is
<br /> lessor's agent) the sum of ���1�� ---�"—"------------^-----------r------- --�----wDollars ($12.�� )
<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 periods of aix months during the �
<br /> prima.ry term. The payments or tenders of rental may be made by the check or draft of lesaee mailed or delivered to said bank on or before auch 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 division in the ownership of sa.id land, the paymenta or tenders of rental in the manner herein provided shall be binding on the successora, � �
<br /> asaigns or legal representatives of lessor. If such bank (or any auccessor bank) should fail, 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 leasor ahall deliver to lessee an inatrument in writing duly .
<br /> executed a,nd acknowledged, naming another bank as agent to receive such payments or tenders. The down cash payment is considerakion for this 12ase
<br /> accorfling to its terms and shall not be alocated as mere rental for a period. I
<br /> 5. If prior to the discovery of oil or gae on said land lessee should drill a dry hole or holes thereon, this lease shall not be terminated thereby if lessee,
<br /> before the next ensuing rental payxng 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 drflling
<br /> operations within s�ty 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 primaxy term oil or gas is not being produced on said land but leasee 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, ao long
<br /> thereafter as oil or gas is or can be produced from any well on said la,nd.
<br /> 6. Lessee shall have the free use of oil, gas, wood, coal and water from said land, except water trom 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 shall have the right at any time during or aPter the expiration of thia lease to remove
<br /> all property and fixtures placed by lessee on said land, inciuding the right to draw and remove all casing. When required by lessor, leasee will bury a11 pipe lines 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 leasor's consent. Lessor ahall have the privilege,
<br /> at the risk and expense of lessor, of making connection and using gas from any gas weil on said land for stoves and inside lights in the principal dwelling on said land out �
<br /> of any surplus gas not needed Eor operations hereunder.
<br /> 7. The rights of either party under this lease may be asaigned in whole or in part and the provisions hereof ahall extend to the heira, personal representativea, successors
<br /> and assigns, but no sale or assignment by leasor ahall operate to enlarge the obligations or diminish the rights and privileges of lessee. Should leasee assign this lease in � �
<br /> whole or in part lessor ahall look aolely to the assignee for performance of its terxns as to the parta so assigned. No sale or assignment by leasor sha11 be bindfng on leeaee
<br /> for any purpose until lessee shall be furnished with an instrument in writing evidencing such sale or assignment. If lessee assigne this lease in part, the obligation (if any
<br /> exists) to pay rentals is apportioned as between the aeveral ownera ratably according to the surPace area of each, and default by one oY them in the payment of rentals �
<br /> shall not sYfect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> 8. This lease ahall never be forPeited, cancelled, or terminated for faflure by lessee to perform in whole or in part any of ite implied obtigations, nor while oil or gas fa
<br /> being produced in paying quantities for any cause whatsoever, unless there shall first bo a final judicial ascertainment that such obligation or cause exiats and that leasee
<br /> is in default. Upon auch Yinal determination, lessee is hereby given a reasonable time thereafter to comply with such obligation, or, at lessee's election, to aurrender the �.1
<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 ahall not ba liable in �
<br /> damages Eor 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 recefve payment for ail, �
<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 materiai, or by fire, storm, flood, war, rebeliion, insurrection, riot, atrike,
<br /> differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a result of aome order, requisition or necessity of the government,
<br /> or as the result of any cause whatsoever beyond the control of the lessee, the time of auch delay or interruption shall not be counted against lessee, anything in thi8 lease to
<br /> the contrary notwfthstanding.
<br /> 11. Lessor 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 paq and discharge �
<br /> asiy 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 /> retain for the satisfaction of such lien and intereat all royalties or rentals accruing hereunder. If lessor owns an interest in said land less than the entire fee sfmple eatate,
<br />' then the royaltiea and rentals to be paid lessor shall be reduced proportionately, Should the right or interest of lessee hereunder be diaputed 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 Yor payment of rentals or �
<br /> royalties or for any other purpose, and leasee may suspend all payments until there is a final adjudication or other determination o! such dispute.
<br /> IN WITNESS WHEREOF this instrument is executed on the date first above written. •
<br /> APpR ED AS p James H.Hulett �s�)
<br /> ��s ed °-#� Itap DE�C�IP��ON & D�TA �s�r.)
<br /> -2� 19�jo by F.N.L. �/i�r���man L�ssoR
<br /> Attest: C Rp TEXAS PRODUCTION COMPANY,
<br /> J t7 Hudaall � �S�AL� A.R.9Pilson
<br />, ' • Assistant S cre ary. By Vice President
<br /> LESSEE �
<br /> STATE OF NEB ASKA,
<br /> �8.11 � ss.
<br /> County of _ �
<br /> On this �0 day of February , 19 3� , before me, a Notary Public, in and for ss�id County, personaliy came the above named
<br /> James H.�y,lett� and a widoner , #rieuwi�e, 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 eaid instrument to be their voluntary act and deed.
<br /> Witness my hand and Notarial Seal the date last aforesaid. Ci►.Ci.�.4@A
<br /> �$�AL� Notary Public.
<br /> My commission expires on the z7 day of ��e7Ll�.�t , 19 3t'}' .
<br /> STATE OF COLORADO, �;
<br /> � ss. �
<br /> City and Cownty of Denver, Z
<br /> On this 19 day of �r�� , 19J� , before me, a Notary Public, in and for said County, peraonally came the above named
<br /> �.K.�j,],$O� , Vice President and J.�.xuC�Aal l Aasistant Secretary of said Tesas Production �ompany, 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 said
<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 last aforesaid. John �•N�TStTO1Q
<br /> - (SEAL) Notary Public.
<br /> M commission ex ires on the da of 0 e t ob er 19
<br />
|