|
1� �� �[_,_��_�r_ ��,� (� � - (� �� �( 9��
<br /> --�ZlIC���J�J���IV���J�`� ���lJ�� W
<br /> �
<br />,�__.__ ___. -._.TATE"�JOtJRNAt'CdNYPA1QY,...tKCOCN7.NE�B '_.__. ._.�."�v.._ .. _ r ..._�_�.�...e_..�..._.�__ . _ _ ..__...�._._____
<br /> ( � STATE Ob' 1TEBRf1SEA,
<br /> !� From Ilall Count�, � s�'
<br /> j1 � I
<br /> ;i I hereby ce�°tif� tlzat this instrumer�t u;as filed for reco�d in my office
<br /> � Charles A.Rickard and I,aura Rickard at � o'cl,ocic A.�., April 26 19 30
<br /> �� • , and is
<br /> !' dul� recorded in boolc �Qn page 12 . I
<br /> 1
<br /> r
<br /> ij ^ ���_� ��� Izec�ister of Deeds
<br /> ;!
<br /> To B�
<br /> �,
<br /> '' Texas Production Coxnpany De utz,
<br /> !+ � p J
<br /> �; I+'ees �2.65
<br /> '; T�E TE AS COMPAN ' '
<br /> �{ E p rat on Bo OIL AND GAS MII�TING LEA►.SE n��l��ao�`` 7�'
<br /> �� 3�12 1�3o Bp J.�`.N. . 3�12 1930 sg J.T. .
<br /> `� An Agreement, entered into this 20 day of February , 19 �Q , between
<br /> �` Charles A.Rickard and Laur.a Riekard, his wife
<br /> �
<br />' `� ( . .
<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 Elght - nollars ($ $�.0� ), in hand paid, of �he 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 /> �� and 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 (including houses for employees) thereon, to groduce, save, ta,ke care of, Lreat and transport said products, the following described
<br /> land in Hc'�,11 County, State of Nebraska, to-wit: _ `
<br /> �
<br /> T elve
<br /> + ;; South Half South East Quarter Section 33 To�ansh�p�lVorth Ra,nge Eleven �'est and contain�nq�0 acr
<br /> .
<br /> more or less. �
<br /> , .
<br /> ;;
<br /> ;,
<br /> ��
<br /> f
<br /> i'
<br /> �1
<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 "prima
<br /> ; term") �nd as long thereafter as either oil or gas is or can be produced from any well on said land; however, lesaee 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 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 ]ine or storage tanks, lessor's interest in either case to bear its �
<br /> � proportion of any expense of treating unmerch�.ntable oil to render it merchantable ae crude, and (b) on gas produced from said land and solfl 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 aell gas at the wells lessor's royalty thereon shall be one-eighth of the amount realized from auch 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 /> foffered for sale or transfer by lessor.
<br /> 4. If driliing operations are not commenced on said land on or before on e r from this ate, this lease shall then terminate as to both arties, unless
<br /> leasee shall pay or tender to lessor or to the credit of lesaor in sti&te �8.T1� Of �i8.�T0 �-at (igl.pp��g�J. (which bank is �
<br /> � lessor's agent) the sum of Four ------------------------------------------------ Dollars ($ �-.QQ )
<br /> �I (hereinafter called "rental"), which shall extend for six months the time within which driiling 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 /> �� primary term. The payments or tenders of rental may be made by the check or draft of lessee ma,iled or delivered to said bank on or before such date
<br /> i� 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 shall be binding on the successors, I
<br /> fi assigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another ba,nk, lessee shall not
<br /> li 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 /> �I executed and acknowledged, naming another bank as agent to receive such payments or tenders. The down cash payment is consideration for this lease
<br /> ii according to its terms and shali 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 drill a dry hole or holes thereon, this lease shall not be terminated thereby if lessee,
<br /> : before the uext 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 �dditional drilling +
<br /> ; operations within sixty days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentals before the next
<br /> \ i 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 I
<br /> a �; operations thereon, the lease shall remain in force so long as dril2ing operations are prosecuted, and, if t&ey resuIt in the production of oiI or gas, so Iong (
<br /> � ,� thereafter as oil or gas is or can be produced from any well on said land.
<br /> Ij 6. Lessee shall have the free use of oil, gas, wood, coal and water from said lan�, except water from lessor's weils, for all operations hereunder, and the royalty on oil
<br /> � �i 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 after the expiration of this lease to remove
<br /> �' atl property and fixtures placed by lessee on said 1and, including the right to draw and remove a11 casing. When required by lessor, 2easee wijl bury all pipe tines below i
<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 conseht. Lessor ahall have the privilege,
<br /> �` I; at the risk and expense of lesaor, of making connection and using gas from any gas well on said land for stoves and ineide lights in the principal dwelling on said land out
<br /> of any surplus 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, successora
<br /> U ,� and assigns, but na sale or assignment by lessor sht�21 operate to enlarge the obligations or diminish the righte and privileges of lessee. ShouId leasee assign fhis lease in
<br /> whole or in part lessor shall look solely to the assignee for performance of its terms as to the parts so assigned, No sale or assignment by leasor shall be binding on leasee �
<br /> � i' for any purpose until lessee shall be furni�hed with an instrument in writSng evidencing such sale or assignment. If lessee assigns this lease in part, the obligation (if any �,`
<br /> � i! exfsts) 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 /> �j 8. This lease shalI never be forfeited, cancelIed, or ferminated for failure by lessee to perform in whole or in part any of fts implied obligations, nor while oil or gae is
<br /> � �; being produced in paying quantitiea for any cause whatsoever, unless there shall first be a final judicial ascertainment that such obligatfon or cause exists 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 /> � i lease, with the option of reserving, under the terxns of this lease, each producing well and ten acres surrounding it to be selected by lessee. Lessee ahall not be liable in
<br /> �� damages for breach of any implied obligation.
<br /> ,j 9. If six or more persons be or become entitled to royalties hereunder, they ahall by sufficient written instrument designate some agent to receive payment for a11,
<br /> � �; and lesaee shall not be required to make payment until such mstrument is furnished.
<br /> ii 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, strike, �a�
<br /> !�� differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a result of some order, requisition or neceasity of the government, "
<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 in thi$ lease to
<br /> the contrary notwithstanding.
<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 pay and diachasge
<br /> ariy 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 satisfaction of such lien and intereat all royalties or rentals accruing hereunder. If leseor owns an interest in said land lesa than the entire fee aimple estate,
<br /> then the royalties and rentals to be paid lessor ahall be reduced proportionately. Should the right or interest of lessee hereunder be disputed by lessor, or any other person,
<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 lessee may suspend a11 payments until there is a final adjudication or other determination of auch diapute.
<br /> IN WITNESS WHEREOF this instrument is executed on the date first above written.
<br /> � Posted on Ma APPROVED A� TO �harles A.Rickard (SEAL)
<br /> �, 3-5-1930 by �.E.L. D�,S�R PTIO�an� DATA � � _ Laura.�Rickard �sEAZ�
<br />� +' �/1�� �
<br /> �� LF•SSOFi
<br /> (� TEXAS PRODUCTION COMPANY,
<br /> �� Attest: �sEA��
<br /> B
<br /> '► ia `r.�"'.�t1C�.Tla'11Assistant Secretary. y A.R.�i�80n � , Vice President
<br /> fi
<br /> LEBSEE
<br /> �� STATE OF NEBRASKA, )
<br /> ' Count of Ha.l.�. } ss.
<br /> �
<br /> Y �
<br /> �� On this c�'I. day of �@b• , 19�� , before me, a Notary Public, in and for said County, personally came the above named
<br /> �i Char 1 e s A.R i ckar d and Laura Ri ckar d , his wife, who are personally known to ffie to be the identical
<br /> ! persons whose names are affixed to the above instrument as lessora, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> � Witness my hand and Notarial Seal the date last aforesai
<br /> ;; �(3EAL) Q.C.Raven
<br /> �� 1� Notary Public.
<br /> �� My commission expires on the 27 day of eJL11y , 19 3�p . ,/\
<br /> �I STATE OF COLORADO, ) � �
<br /> fyCity and County oF Denver, � ss. I
<br /> �' On this ],], day of Ma,reh , is30 , before me, a Notary Public, in and for said County, personally came the above named
<br /> !� �.R.�1�.8021 , Vice President and J.�+.Ht1C�.T1$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 s&id I
<br /> (' corporation, and they acknowledged the instrument to be �heir voluntary act and deed and the voluntary act and deed of said corporation. '
<br /> �f Witness my hand and Notariai Seal the date last aforesaid. John �.��S�T�t11
<br /> � ��EA�i�� Notary Pu lic.
<br /> i My commission expires on the Q da of OLtQb�T 19
<br /> - —A_
<br /> �i � I�
<br /> !� — _— I� i
<br />
|