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<br /> "i From STATE OZ+� NEBRASI�A, ss. I
<br /> �� Hall County, � �
<br /> ii _
<br /> �;
<br /> �, J�,tT168 p.Klinkaeek,single I liereb� certify that this insty�umert was filed for record in, mf office
<br /> ; - at $� dcl,ocic A. M., April 26 19 �0 , and is
<br /> dul.y reeorded in book n Q�� page 1� .
<br /> �i \,.I�=r��'.�-��-t-�-�� Reqister o f Deeds
<br /> ` To B"� � � �
<br /> ;,
<br /> �, Texas Production �ompany Deputy,
<br /> II �+HE " { I+'ees,�.65 _
<br /> �� ease � o., - � � OIL� AND GA.fS 1VII�TING LEAS �ea�e x�.
<br /> L �. 7�
<br /> 'E iration Boo
<br /> �!!3��2 193o By J.T.N. - 3�I12a 93°0°�y J. .N.
<br /> �li An Agreement, entered into this • 2�- day of FEb• , 19 3� , between
<br /> ��� James P.Rlinkacek, a single man
<br /> �ii -
<br /> I; lessor (whether one or more), t�,xnd TEXAS PR.ODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> �� 1. Lessor, in consideration of the sum ofS�Xt6eII _ Dollars (�y 16•Q� ), in hand paid, of �he royalties herein provided
<br /> F and the agreements of lessee herein contained, hereby grants, leases and lets exc2usively 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 /> �! an h ruct r s includin houses for em lo ees thereon to roduce save take care of treat and trans ort said roducts the followin d
<br /> d ot er at u e ( g p y ) , p , , , p p , g escribed
<br />, �j
<br /> I; land in Ha,lL County, State of Nebxaska, to-wit:
<br /> M 'I
<br /> i `�,� North West Quarter Section Eight TovPnship Eleven North Aange Twelve �est eontaining l60 acres
<br /> �!' more or Zess.
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<br /> {
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<br /> 2. Subject to the other provisions herein contained, this lease ahall remain in force for a term of ten years from this date (hereinafter called "primary
<br /> ` � term" and as Ion thereafter as either oil or as is or can be roduced from an well on said land• ho r 1
<br /> ) g g p y , weve , essee 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 wells 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 �,t 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 /> i 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 /> i if and when lessee shall sell gas at the wella lessor's royalty thereon shail 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 royal�y 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 drfiling operations are nat commenced on said land o b fore ne ear this date, this lease sha�y t g er te as to both arties unless
<br />', � lessee shall pay or tender to so Qr to the credit of lessor in�a�e �an� 0��8,1T0 gg� at ti3�T����• (which bank is
<br /> \ ' lessor's agent) the sum of ��g�T+ _"'�"�'�'��"�"""�_�_�"""""'_�_�___�"�_�_"��_""__�__ Doilars ($�.�0 )
<br />�'I \� (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 Por periods of six months during the
<br /> j; primary term. The payments or tendera of rental may be made by the check or draft of lessee mailed ur delivered to said bank on or before such date
<br /> of payment. Drilling operations hereunder shail be deemed to be commenced when the first material is placed on the ground. Notwithstanding any devolu-
<br /> �i tion, change or division in the ownership of said land, the paymenta or tenders of rental in the manner herein provided shall be binding on the succeseors,
<br />, (' assigns or legal representatives of lessor. If such bank (or any succassor bank) should fail, liquidate or be succeeded by another bank, lessee shall not
<br /> ;i be held in default for failure to make such payments or tenders until thirty days after lessor shail deliver to lessee an instrument in writing duly
<br /> executed and acknowledged, naming another bank as agent to receive such payments or tenders. The down cash payment is considera.tion for this lease
<br /> j� 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 ahall 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
<br /> i-
<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 /> j operations within sixty days thereafter or (if it be within the primary term) corumences or resumes the payment 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 /> I 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, coal and water from said land, except water from lessor's wells, Yor all operations hereunder; and the royalty on oil
<br /> and gas aha11 be in the net quantity after deducting any so used for operatione. Le�see ahall have h ri ht at an 'm
<br /> !j t e g y ti e during or after the expiration of this lease to remove
<br /> all property and fixtures placed by lessee on said land, including the right to draw and remove all casing. VJhen required by lessor, lessee will bu all i e lines belovn
<br /> ordinar low de th and no well shall be drilled within two hundre
<br /> I'Y P P
<br /> � `i y p P , d feet of any residence or barn now on said land without lessor's consent. Leasor shall have the privilege,
<br /> �� at the risk and expense of lessor, of making connection and using gas from any gas well on said la,nd for atoves and inaide lighta in the principal dwelling on said Iand out
<br /> � ;; of any aurplus gas not needed for operations hereunder.
<br /> �' 7. The righta of either party under this lease may be assigned in whole or in part and the proviefona hereoP ahall eatend to the heirs, personal representatives, auccessora
<br /> � and assigns, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the rights and privileges of lessee. Should lesaee assign this 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 furniahed with an fnstrument in writing evidencing such sale or assignment. If lessee asaig�ns this lease in part, the obligation (it any
<br /> exists) to pay rentals is apportioned as between the several owners ratably according to the surface area of each, and default by one of them in the payment of rentals
<br /> I � shall not affect the validity of the lease on the portion of land u on which paid or tendered.
<br /> I� p pro i•ata rentals are
<br /> �� 8. This lease shall never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of ita implied obligations, nor while oil or gas ie
<br /> being produced in paying quantities for any cause whatsoever, unless there xhall first be a final judicial ascertainxr�ent that such obligation or cause exists and that lessee
<br /> � ��' is in default. Upon such final determination, le�see is hereby given a reasonable time thereafter to comply with such obligation, or, at leasee's election, to surrender the
<br /> N k% lease, with the option of reserving, under the terms oE this lease, each producing weil and ten acres surrounding it to be selected by lesaee. Lessee shall not be liable in
<br />� �, damages for breach of any implied obligation.
<br /> �f�� 9. If six or more persons be or become entitled to royalties hereunder, they shall by sufficient written fnstrument deaignate aome agent to receine payment for all,
<br /> and lessee shall not be required to make payment until such instrument is furnished.
<br /> 10. When dcilling or other operations ase delayed or interrupted by lack of water, labor or materiai, or by fire, storm, flood, war, rebeilion, insurrection, riot, strike,
<br /> I �f differences with workmen, or failure of carriere to transport or furnieh facilities Por transportation or as a result of some order, requisition or necessity of the government,
<br /> I� 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 leasee, anything in thi� lease to ,
<br /> the contrary notwithstanding.
<br /> J 11. Lessor hereby warrants and agrees to defend the title to said land and agrees that lessee, at lessee's option (but without anq duty to do so), may pay and discharge
<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 /> ' � ii retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. If lesaor owns an interest fn said land less than the entire fee aimple e�tate,
<br />, v then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest of lessee hereunder be diaputed by lessor, or any other person,
<br /> p +� 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 ior payment of rentals or
<br /> Ij royalties or for anq other purpose, and lessee may suspend all paymenta until there is a final adjudication or other determination of such dispute.
<br /> �; IN WITNE S WHEREOF this instrument is e e e above written.
<br /> �;Posted on �p ��'��0��$ �� �� . csEar.�
<br /> (� ;, 3 5-193� by I.E.L. DE CgI TION & DAmA James P.g�,�nkacek
<br /> �� � F
<br />, `.' ;i '3�'�����an �sEaz�
<br /> r z.FSSOR
<br /> �� Attest: �CORP TEXA.S PRODUCTION O PANY,
<br /> '' J.C.Hudnall (SEAL� By �.�.Wilson
<br /> 'i Assistant Secretary. Vice President
<br /> �i LESSEE
<br /> I� STATE OF NEBRASKA,
<br /> 4 S sa.
<br /> 'i county of Hall
<br /> i� On this 2]_ day og Feb. , is 30 , before me, a Notary Public, in and for ss�id County,persona,lly came the above named
<br /> !; Ja.mes P.Klinkaeek a� a 8 i�lE Tt1�.21 , hia wife, who are parsonally known to me tn 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.
<br /> I!
<br /> � Witnesa my hand and Notarial Seal the date last aforeaaid. �sEAL� G�L,��,��n
<br /> "' 1� o ary Public.
<br /> �i My commiasion expires on the 2`t' day of JUl� � 1g �j� _
<br /> �' STATE OF COLORADO, ) �
<br /> �� } os. ��
<br /> i City and County of Denver, �
<br /> I� On this 11 day of �areh , 19 3� , before me, a Notary Public, in and for said County, personally came the above named
<br /> 1!
<br /> �� A.R.�ilson , Vice President and J.C•HuC�fl811 - Assistant Secretary of said Texas Production Gompany, who '
<br /> ' are personally known to me to be the identical persons whose names are aiffixed 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 �nd deed of said corporation.
<br /> �i Witness my hand and Notarial Sea1 the date last aforesa.id. (SEAL) John �.��$'trOD1
<br /> � otary Public. '�
<br /> M commission ex ires on the 0 da of OCt��JBT 19 '�,
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