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<br /> �-`� .-S7A7E�..TgURNAC�MPANY.[,INC04N,.NE'H �
<br /> �
<br /> � STATE OI' 1VEBRASgA,�
<br /> I,, From Hall County, �s'
<br /> �! Donald B�cNair and wif e
<br /> I hereb� certif� tlaat this instrume���E uas filed for- record in m� office
<br /> at $ n'clocic A.Di., Apr i 1 26� 19 3� , and is j
<br /> � � dul.� recorded in book pQ� pagel6 . �
<br /> '.; D � �
<br />� j; � ��%��`°��'��Registe�� o f Deeds
<br /> s; To BJ I
<br /> Texas Production Company Deputy. '
<br /> j� THE TEXAS COMPARY __ I'ees,� 2.65 `
<br /> '� �,E�ase ,�°. "-��9 OIL ANl� GAS MINING LEAS `° rqs a ,
<br /> �� Ex�irqt.orr B�oK ,��ase No.N—y7 9 1!
<br /> �N/7�QI �DD/G i
<br /> ;! ��y��q3o � J r. N - �,2 ,y3 0 �y .�r�✓- i
<br /> An Agreement, entered into this 21 day of Feb� , 19 3� , between �
<br /> i! i
<br /> ;; Donald McNair and E17.a McNair :�is �ife ;
<br /> i
<br /> �� leasor (whether one or more), and TEXAS PRODUCTION COMPANY, a corpnration organized under the laws of Colorado, lessee. �
<br /> ' �hirt Two 2.00 f
<br /> �Pi 1. Lessor, in consideration of the sum of y' Dollars ($ 3 ), 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 /> j�, and prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and bixilding powers, stations, telephone lines '
<br /> ��'
<br /> and other structur�e {including houses for employees) thereon, to produce, save, take care of, treat and transport said products, the following described i
<br /> land in �al.�. County, State of Nebraska, to-wit: . '
<br /> i
<br /> �� East Ha.lf Section Six Township Twelve North Range Eleven �est(except about six aexes deede i
<br /> to Hall County for road purposes) containing 320 acres more or less. . i
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<br /> � , +
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<br /> �'� 2. Subject to the other provisions herein contained, this lease sha11 remain in force for a term of ten years from this date (hereinafter called "prfmary �
<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 /> ' in whole or in paxt.
<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 /> �i� to be delivered at the �vells 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 a.t the wells of such one-eighth on the day it is run to the pipe Iine or storage tanks, lessor's interest in either case to bear its �
<br /> �:; proportion of any expense of treating unmerchantable oil to render it merchanta,ble as crude, and (b) on gas produced from said land and sotd 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 /> � if and when lessee shali sell gas at the wells 12ssor's royalty thereon shall be one-eighth of the amount realized from such salea. Lessee is hereby given the
<br /> i option of purchasing all or any paxt 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 o o�r b fore,,pne year o tY3is date, this lease sh n term�ate as to both parties, unless
<br /> ! lessee shall pay or tender't��ess r or to the credit of lessor in�'Ga,�B tSa,Y1K o �airo SRitl� at a PO � +� (which bank is
<br /> lessor's agent) the sum of x�een ----------------"—"—�'-----�"-------�----'—��Dolla se�16 OO
<br /> (hereinafter called "rental" « � �
<br /> � ), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, semi-annually, fn
<br /> , like manner, and upon like payments or tenders, the commencement of drilling operations may be further deferred Por periods pf six months during the
<br /> ! primary term. The payments or tenders of rental may be made by the check or draft of lessee mailed ur delivered to said bank on or before such date
<br /> rof payment. Drilling operations hereunder shall be deemed to be commenced when the first material is placed on the ground. Notwithstandfng any devolu-
<br /> , tion, change or division in tlie ownership of said land, the payments or tenders of rental in the nianner herein provided shali be binding on the succeasors,
<br /> ; assigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lessee shall not �
<br /> ! be held in default for failure to make such paymente 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 consideration for this 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 /> j� before the next ensuing rental paying date, commencea further drilling operations or commences or resumes the payment or tender of rentals. IP after the
<br /> discovery of oil or gas the production thereof should cease from any cause, this lease ahall not be terminaked thereby if lessee commences additional drilling
<br /> ;i operations within sixty days thereafter or (if it be verithin the primary term) coxnmences 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
<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 /> ,� thereafter as oil or gas is or can be produced from any well on said land.
<br /> ' 6. Lessee shall have the free use oi oil, gas, wood, coal and water from said land, except water from lessor's wells, for all operations hereunder, and the royalty on oil
<br /> j; 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 ot this lease to remove
<br /> � all property and fixtures placed by leasee on aaid land, including the right to draw and remove all casing. When required by lessor, lessee will bury all pipe lines below
<br /> � ordinary plow depth, and no well shail be drilled within two hundred feet of any residence or barn now on said land without lessor's consent. Lessor shall have the privilege,
<br /> at the riak 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 surplus gas not needed for operations hereunder.
<br /> ���' 7. The rights of either party under this lease may be aseigned in whole or in part and the provisions hereof shall extend to the heirs, peraonal representatives, successora
<br /> And assigns, but no sale or assignment by leasor ahall operate to enlarge the obligations or diminish the rights and privileges of leasee. Should leasee assign this lease in
<br /> whole or in part lesaor shall look solely to the assignee for perforxnance of its terms as to the parts so assigned. No sale or assignment by lessor shall be binding on leasee
<br /> for any purpose until lessee shall be furnished with an instrument in writing evidencing such sale or assignment. If lessee assigns this lease in part, the obligatfon (ii any
<br /> j� 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 paymeat oE rentals
<br /> i shall not aYfect 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 Yor failure by lessee to perform in whole or in part any of its fmplfed obligations, nor while oil or gas is
<br /> being produced in paying quantities for any cauae whatsoever, unless there shall first be a final judicial ascertainxrient that such obligation or cause exists and that lessee
<br /> is in default. Upon auch final determination, lessee is hereby given a reasonable time thereafter to comply with such obligation, or, at lessee's election, to surrender the
<br /> ' 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. Lesaee shali not ba liable in
<br /> �' damages for breach of any implied obligation.
<br /> i" 9. If six or more persona be or become entitled to royalties hereunder, they shall by sufficient written instrument designate some agent to receive payment for a11,
<br /> t 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 material, or by fire, storm, flood, war, rebellion, insurrection, riot, strike,
<br /> i �! differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a result of some order, requisition or necessity of the government,
<br /> or as the result of any cause whatsoever beyond the control of the lessee, the time oE such delay or interruption shall not be counted against lessee, anything in thia lease to
<br /> the contra,ry notwithatanding.
<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 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 /> I �'� retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. If lessor owns an interest in said land lesa than the entire fee aimple estate,
<br /> then 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 anq other person,
<br /> the time covered b the endenc of such dis ute shall n
<br /> ij y p y p ot be counted ugainst lessee either as affectin the term of the le
<br /> g ase or the time for a ment of rent r
<br /> r P Y a1s o
<br /> royalties or for any other purpose, and lessee may suspend all payments until there is a final adjudication or other determination oE such dispute.
<br /> �' IN WITNESS WHEREOF this instrument is executed on the date first above written.
<br /> �. , • ,
<br /> I' 3��-���38nbya�.E•L• DESCRIPT�OPIA& DATA . Donald MeNair tsEA.r,j
<br /> ; T��i��.��m� � � Ella McNair esEaL�
<br /> � -{CORP�� L�SSOR
<br /> C; Attest: ,{�'EA XAS PRODUCTION CO�PANY,
<br /> J.C.Hudnall By A.R.Wil.son
<br /> Assistant Secretary. Vice President
<br /> ' LESSEE
<br />' �' STATE OF NEBRASKA, �
<br /> � � ss.
<br /> i; County og �a.3.�. �
<br /> ±; On this c`�� day of February , 19 30 , before me, a Notary Public, in and for said County, persona,lly came the above named
<br /> �� 17onald �Nair and ��.18, $�C�a,�T , hie wife, who are personally known to me to be the identical
<br /> '; persons whose names are a,ffixed to the above instrument as lessors, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> �; Witness my hand and Notarial Seal the date last aforesaid.
<br /> �! � (SEAL) � G.C.Rave� ��
<br /> Notary Public.
<br /> ji My commission expires on the 27 day of eTU.ly � 19 �j� _
<br /> j) STATE OF COLORADO,
<br /> ;� City and County of Denver, � sg� �, �'i
<br />, �;i On this 1.1 day o€ Mareh , 19 /d before me, a Notary Pubiic, in and for said County, personally came the above named ��
<br /> �.R.Wilson , Vice President and eT.�'+.HL1C1218�1.�. Assistant Secretary of said Texas Production Com an , who ��
<br /> are personaily known to me to be the identicai persons whose names are affixed to the above instrument as Vice President and Aesistant Seeretary of said
<br /> '' corporation, and they acknowledged the instrument to be their voluntary act and deed and the voluntary act and deed of said corporation.
<br /> �! Witness my hand a,nd Notarial Seal the date last aforesaid. (SEAL) John T.jJ�t$tpp�g
<br /> �;
<br /> � Notary Public.
<br /> M commission expires on the__��__ day of Oetober 1s •.
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