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<br /> ����-� �-.STATE:J¢yftNAL"CDI4TPAflY,LINCOL1V,lVEB � ��� ' '"�'-
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<br /> ' STATE OF NEBRA.SIZA � �
<br /> ,; From Ha�� Cou7�ty, ss' I
<br /> �'' �
<br /> ,; I he�°eby certify tha�t this instrumey��t 2ca filed fory•.record in my office �
<br /> Jacob Brandt and wife
<br /> -' at � dcl,ocic .��., April, 2 , 19 3� and is !
<br /> ,' dul,� recorded in book ��Q�� page 1� , � ' 1
<br /> ��I��-+�°���'`�- Register o f Deeds ,
<br /> '' To B✓
<br /> I
<br /> ;' Texa� Production Company Deputy.
<br /> �;
<br /> EXA i:�: � j I{'ees,� 3.10
<br /> i; Lease No. N— 7 Lease Na,N— 73
<br /> �� r 1 � Bo � OIL AN� GAS MINING LEASE R �ta� BQO�
<br /> �' ���� ��3$ sy �. T.x. � 3yi2 �3o sy a �
<br /> � . . .
<br /> An Agreement, entered into this 2O day of February , 19 , between �
<br /> Jacob Brandt and Lena Brandt ,his w�.fe
<br /> '` lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organizes� under the laws of Coloradq lessee.
<br /> �' ��Sev�nt� `�ix �76.00
<br /> 1. Lessor, in consideration of the sum of- � Dollars ($ ! ), in hand paid, of �he royalties herein provided
<br /> ' and the agreements of lessee herein conta.ined, hereby grants, leases and lets exclusively unto lessee, for the purpose of teating by any method for formations
<br /> �' and prospecting and drilling for and producing oil and gas, laying pipe linea, building tanks, storing oil and building powers, stations, telephone lines
<br /> t��! and other structures (including houses for employees) thereon, to produce, save, take care of, treat and transport said products, the following described
<br /> �.'� land in Hgll County, State of Nebraska, to-wit:
<br /> `�;I North Half Section RTine; North Half North �aat Quarter Secti:on Thirteen: Idorth West Quarter o
<br /> �!;� South West Quarter 9ectio� Fifteen; East Half �outh �fest Quarter; �'est Half Bouth East Quarte ;
<br /> ��� South Half North �est Quarter; Narth �fest Quarter� North �[ESt Quarter;" �ot�th-��ist Quarter
<br /> ,; l�orth Ea�� Quarter sectidn Twentq three Twp. 7,2 l�orth Range Il �e�t �Q.ntain.i.ng 760 acFes more :
<br /> � . ;!, or less. . .
<br /> � �'�
<br />� ,� 1
<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 I
<br /> ii term") and as Iong thereafter as either oil or gas is or can be produced from any weil on said land; however, lessee at any time may release this lease �
<br /> � ;+ in whole or in part. i
<br /> N �: 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 line to which the wells may be connected, or, at the option of the lessee, from 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 storage tanks, lessor's interest in either case to bear its
<br /> � Y � proportion of any expense of treating unmerchantable oi2 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 ananufacture 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 shall 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 �
<br /> ; offered for sale or transfer by lessor. (
<br /> 4. If drilling operations are not commenced on said land ons before sne year f o th's date, this lease shal th n te te as to both parties, unless
<br /> leasee sha11 pay or tender to gsgr or to$� c�r e�1 rt of lessor in �3�8,'�i.' 13c1.I'iK O� �8�T0 B�iA`�t 'Ga�.ro;'�e�ar (which bank is
<br /> ' lessor's agent) the sum of �111Tty Ligfl't - - - - - - - - - - - - - - - - - - - - Dollars ($�$�,0� )
<br /> ' (hereinafter called "rental"), which shall extend for sui 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 six months during the
<br /> I � � ! primary teim. The payments or tenders of rental may be made by the check or draft of lessee m�iled ur 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. 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 shali be binding on the successora,
<br /> ��- assigns or legal representatives of lessor. If �uch bank (or any successor bank) should fail, liquidate or be succeeded by another ba,nk, lessee shall not
<br /> i, be held in default for failure to make such payments or tenders until thirty days after lessor ahall 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 thia 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 />; ' before the next ensuing rental paying date, commences further drilling operations or commences or resumes the payment or tender of rentals. If after the i
<br /> i� discovery of oil or gas the production thereof should cease from a,ny cause, this lease shall not be terminated thereby if lessee commences additianal drilling 3
<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 i
<br /> Iensuing 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 eng'aged in drilling i
<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 I
<br /> !�, thereafter as oil or gas is or can be produced from any well on said land. j
<br /> ,,, �
<br /> 6. Lessee sha11 have the free use of oil, gas, wood, coal and water from said land, except water from leseor's wells, for all operations hereunder, and the royalty on oil
<br /> f� and gas ahall be in the net quantity after deducting any so used for operations. Lessee shali have the right at any time during or after the espiration of this lease to remove
<br /> I� all property and fixtures placed by lessee on said land, including the right to draw and remove a11 casing. When required by lessor, lessee will bury all 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 lessor's consent. Lessor ahall have the privilege,
<br /> �! at the risk and expense of lesaor, of making connection and using gas from any gas well on said land for atoves and inside lights in the princ3pal dwelling on said land out �
<br /> i'
<br /> of any surplus gas not needed for operations hereunder.
<br /> 7. The rights of either party under this lease may be assigned in whole or in part and the proviaions hereof shall extend to the heirs, personal' representativea, successors
<br /> � ;� and assigns, but no sale or assignment by lessor shall operate to enlarge the obligationa or diminieh the rights and privileges of lessee. Should }essee assfgn this lease in �
<br /> �, whole or in part lessor shall look solely to the assignea for performance of ite terms as to the parts so assigned. No sale or assigninent by l�ssor, shall be binding on lessee �
<br /> for any purpose until lessee shall be furnished with an instrument in writing evidencing euch sale or assignment. If lessee asaigns thi� lease in part, the obligation (i! any
<br /> �, exists) to pay rentals is appoi�tfoned as between the several owners ratably according to the surface area oE each, and default by one of them in the payment of rentals
<br /> I; aha11 not affect the validity oY the lease on the portion of land upon which pro rata rentals are paid or tendered. , j
<br /> 8. This lease shall never be forfeited, cancelled, or terminated for failure by I�ssee to perform in whole or in part any of its implied obtigatidns, nor while oil or gas ie �
<br /> ��� being produced in paying quantities for any cause whatsoever, unless there shall first be a final judicial ascertainment that such obligation or eg.uae exists and that lessee �
<br /> � is in defauit. Upon such tinal determination, lessee is hereby given a reasonable time therea.fter to comply with such obligation, or, at lessee'S, election, to surren@er the �
<br />' � i lease, with the option of reserving, under the terms of this lease, each producing well and ten acres surrounding it to be selected by lessee. Lessee shall not be liable in
<br /> !' damages for breach of' any implied obligation. ,
<br /> I i; 9. If six or more persons be or become entitled to royalties hereunder, they shall by sufficient written instrument designate aome agent to receive payment for all, ;
<br /> and lessee aha11 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, atorm, flood, war, rebeilion, insurrection, riot, strike, !
<br /> IV ;) differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a result of some order, requisition or necesaity oY the government, '
<br /> or as the result of any cause whatsoever beyond the control of the les�ee, the time of such delay or interruption shall not be counted againat leasee, anything in this lease to I
<br />, j; the contrary notwithstanding. �
<br /> � !'i 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 ao), may pay and discharge
<br /> �! ariy taxes, mortgagea 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 satisfaction of such lien and intereat all royalties or rentals accruing hereunder. IP lessor owns an interest in said land less than the entire fee aimple estate,
<br /> Ithen the royalties and rentals to be paid lessor shall be reduced proportionately, Should the right or interest of lessee hereunder be disputed by leasor, or any other peraon,
<br /> ; the time covered by the pendency of such dispute ahall 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 suspend all payments until there is a final adjudication or other determination of auch diapute. �
<br /> , y� i IN WITNESS WHEREOF this instrument is executed on the date first above written. � ,
<br /> � I� ������3�n I.�.L. DE� R PTI�NA& �ATA � . Jacob Brandt �s�L3 �
<br /> � � F r�an Lena Brandt cs�aL�
<br />, j �/io��� LrssoR I
<br /> i Attest: Q (
<br /> (, � RP,)' TEXAS PRODUCTION COMPAN�',
<br /> � �' J.C.Hudnall �SEAL) By A.R.�iilson
<br /> i, Assistant Secretary. � " Vice President �
<br /> i; �ss�
<br /> �i STATE OF NEBRASKA, ) �
<br /> �i County of xa,],1 j Sg'
<br /> �� On this �1, day of Februarp , 19 �j� , before me, a Notary Public, in and for said County, personally ca.me the above named
<br /> �� Jaeob Brandt and Lena Brandt , 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 acknowledged said instrument to be their voluntary act and deed. i
<br /> !� Witness my hand and Notarial Seal the date last aforesaid. �
<br /> i (SEAL) G.�.Raven
<br /> �j Notary Public. �
<br /> � My commission expires on the �7 day of Julp , 19 3� .
<br /> �, STATE OF COLORADO,
<br /> � I
<br /> Ij City and County of Denver, � �S�
<br /> !' On this 1�. day of Mareh , 19 3� , before me, a Notary Public, in and for said County, personally came the above na,med '
<br /> A R �ilson Vice President and �
<br /> �� . . > cT.Ci.HLiG�IIa�.l - Assistant Secretary of said Texas Production Company, who
<br /> i� 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. �s�L� John �.�yBtTflB1 �
<br /> ! Notary Pub�ic. �
<br /> �! M commission expires on the � da of October 19
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