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lI����� �(�11�j�J��_j�r� �, ���' J(� � J(�J��( �� �( �� �� <br /> . �►��►���J�Ju'JL�J►J1�11�vJ��J�� ���J�J�� W <br /> STATE O.b' NEBRASSA,� <br /> From ga�� County, 3�' <br /> Alfred Sorensen and Wlfe I hereby certif� that this instrumer��t was filed for record in m� office � <br /> _ at � o'clocic A�1., ApTil 26 1930 , and is { <br /> dul9 recorded in boolc ul��� page l�j • I <br /> ��=c�-�<-,-d ��'`-P��� Register of Deeda � . <br /> To B� � \ <br /> Texas Production Company Deputy, w <br /> THE TEXAS COMPANY <br /> I'ees,� �.65 <br /> Eea r �'n � T OIL AND GAS 1!/IINI1\TG LEASE egs� . - <br /> 3,��� ��3g Hy g.fi.�. R ntal oo� 16 � <br /> 3�12 1930 y J. . . <br /> An Agreement, entered into this 21. day of Feb. , 19 3� , between � � <br /> Alfred Sarensen and Ma.ry 3orensen,his wife, � <br /> lesaor (whether one or more), and T�XAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee. � <br /> 1. Lessor, in consideration of the sum of Sixteen Dollare ($ �•6•�0 ), in hand paid, of �Che royalties herein provided � <br /> and the agreements of lessee herein conta,ined, hereby granta, leases and leta exclusively unto lessee, for the purpose of testing by any method for formations � <br /> and prospecting and drilling for and producing oil and gae, laying pipe lines, building tanks, storing oil and building powers, stations, telephone lines <br /> and other structures (including houses for employees) thereon, to produce, save, take care of, treat and tra.nsport eaid products, the following described <br /> land in HZ�.�.�.- County, State of Nebraska, to-wit: , I <br /> North VPest Quarter Seetion Six To�evnship TWelve ATorth Range Eleven �est and containin� 160 , <br /> acres more or less. <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 /> 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 thfs 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 I <br /> to be delivered at the wells or to the credit of lessor in the pipe line to which the wella 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 expense of treating unmerchantable oil to render it merchantable as crude, and (b) on gas produced from sa.id land and sold or used oft � � <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 ueed, provided that <br /> if and when lessee shali sell gae at the wells lessor's royalty thereon shail be one-eighth of the amount realized from auch sales. Leasee 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 ff � <br /> offered for sale or transfer by lessor. I <br /> 4. If driliing o erations are not commenced on said land on before �}e_y@-ar fr�m�h i date, this lease sh tY�en ter�y te as to both parties, unless <br /> lessee shall pay or tender to lessor or to the credit of lessor in �tate D�la OI (ia�.ro �atn'!s at �8.1T0�N@�• (which bank is � <br /> lessor's agent) the sam of Eight —�------'—"—"--"---�---'�"---'----"--^— �"--'"Dollaxs ($ �.Q� ) <br /> (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, semi-a.nnually, in I <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 /> prima,ry term. The payments 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 ahall 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 sha11 be binding on the successors, <br /> assigns or legal representatives of leasor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lessee aha11 not � <br /> be held in default for failure to make auch payments or tenders until thirty days after lessor shall 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 I �; <br /> according to its terms a.nd shall not be alocated as mere rental for a period. ��v <br /> 5. If prior to the discovery of oil or gas on �aid land lessee should drill a dry hole or holes thereon, this lease ahall not be terminated thereby if leasee, <br /> before the next ensuing rental paying date, commences further driliing 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 shail 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 resumes the payment or tender of rentals before the next I� � <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 g'as, so long <br /> thereafter as oil or gas is or can be produced from any well on said land. ( ti <br /> 6. Lessee shall have the free use of oil, gas, wood, coal and water from said land, except water from lessor's wells, for all operations hereunder, and the roYaltq on oil i, . <br /> and gas ahall be in the net quantity after deducting any ao used for operations. Lessee ahall have the right at any time during or after the expiration of thia lease to remove i <br /> all property and fixtures placed by leRSee on said land, including the right to draw and remove all casing. When required by leasor, leasee will bury a11 pipe lines beloW I <br /> ordinary plow depth, and no well ahall be drilled within two hundred feet of any residence or barn now on said land without lesaor's consent. Lesaor shall have the privilege, � <br /> at the risk and expense of lessor, of making connection and using gas from any gas well on said land for stoves and inside lights in the principal dwelling on said land out � <br /> of any aurplus 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 provisions hereof ahall extend to the heirs, peraonal representativea, aucceasora <br /> and assigns, but no sale or assignment by lessor ahall operate to enlarge the obligations or diminish the rights and privileges of leasee. Should leasee assign thia lease in � <br /> whole or in part lessor shall look solely to the assignee for performance of its terms as to the parts ao assigned. No sale or assignment by lessor sha11 be binding on leasee I <br /> for any purpose until lessee shall be furnished vaith an instrument in writing evidencing such sale or assignment. Ii lessee assigns this lease in part, the obligation (if any I <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 rental9 <br /> ahall not affect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered. <br /> 8. This lease shall never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any oE its implied obligations, nor while oil or gas is � <br /> being produced fn paying quantities for any cause whatsoever, unless there shall first bc3 a final judicial ascertainment that such obligation or cause exists and that leasee <br /> is in default. Upon such final determination, lessee is hereby given a reasonable time thereafter to comply with such obligstion, or, at lessee's election, to aurrender the <br /> lease, with the option of reserving, under the terms of this lease, each producing well and ten acrea surrounding it to be aelected by lessee. Leasee aha11 not be liable in <br /> damages for breach of any implied obligation. <br /> 9. I4 six or more persons be or become entitled to royalties hereunder, they sha11 by sufficient written instrument designate aoma agent to receive payment for a11, <br /> and lesaee sha11 not be required to make payment untii such instrument is furnished. <br /> 10. When drilling or other operations are delayed or interrupted by lack o4 water, labor or material, or by fire, atorm, flood, war, rebellion, insurrection, riot, atrike, <br /> differences with workmen, or fa�lure of carriers to transport or furnish facilities for transportation or as a result of some order, requisition or necessity oY the government, <br /> or as the result of any cause whatsoever beyond the control oP the lesaee, the time of auch delay or interruption shall not be counted against lessee, anything in this lease to <br /> the contrary notwithstandmg. <br /> 11. Leasor 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 diacharge <br /> axiy taxes, mortgages or other liena upon said land, and in that event lessee shall be aubrogated to auch lien, with full right to enforce the same, and in addition thereto may <br /> retaan for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. If lesaor owns an interest in said land less than the entire fee �imple eatate, <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 peraon, <br /> the time covered by the pendency of such dispute shall not be counted against leasee either as affecting the term of the lease or the time for payment o! rentals or <br /> royaltiea or for any other purpose, and lessee may suapend all payments until there is a final adjudication or other determination of such dispute. <br /> T SS WHEREOF this instrument�is Pex Quted�onAthe �aOte first above written. • <br /> Q�t�� ��i�a E Alfred �arensen csEaL� <br /> 1 3p �I:E..L. DES�R P ION � DA`TA �s�,� <br /> � man Ma,ry 8or ens en <br /> 3/i ��� L�s�oR <br /> Attest: " ��+��� TEXAS PRODUCTION COMPANY, � <br /> J.C.Hudnall ���L� $y A.R.'�ilson � <br /> Assistant Secretary. Vice President <br /> i.Ti'.Rs�' <br /> STATE OF NEBRASKA, � <br /> ss. <br /> County of Hal l � <br /> On this 2� day of �QbP�lc`�,Ty , 18 3� , before me, a Notary Public, in and for said County, persona.11y came the above named � <br /> A].fred Sorensen and �arp 3orensen , his wife, who are peraonally known to me to be the identical <br /> persons whose names are aff'vied to the above instrument as lessors, and they each acknawledged said instrument to be their voluntary act and deed. <br /> Witnesa my hand and Notarial Seal the date last aforesaid. �SEAL) �.E.Soren <br /> SN�ry Public. <br /> My comruission expires on the 2� day of Ju��T , is 31 . <br /> STATE OF COLORADO, � r <br /> � ss. <br /> City and County of Denver, <br /> A on t1iis 11 aay og �da,reh , 19 7jO , before me, a Notary Public, in and for said County, personally came the above named <br /> .R.�l�.SOIl , Vice President and J.�"+.HtiC�Yl&�.1. Assistant Secretary of said Texas Production Company, who � <br /> are personally known to me to be the identical persons whose names are affixed to the above instrument as Vice President and Assistant Secretary oP said <br /> corporation, and they acknowledged the instrument to be their voluntary act and deed and the voluntary act and deed of said corporation. <br /> Witness my hand and Notarial Seai the date last aforesaid. ���AL� John T.NST$t�OII1 <br /> Notary Public. <br /> My commission espires on the �j� day of 4 e t ob er , is 3 3• . <br />