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<br /> I,'..Jti►uI��J�jJI�J���� w�.J�� ������ '"
<br /> STATE OP+ NEBRASSA,� �
<br /> From Hall County, ss.
<br /> George Christensen and wife I hereby certify that this instrumer��t uas f'led for record in my office
<br /> - at S o'c�ocic A. �i., Aprill 2� 1930 , and is
<br /> dul� recorded in boolv �QN page 7 • � '
<br /> �u��_��u���-Register of Deeds '�+J
<br /> To By �
<br /> Texas Production Company Deputy. H
<br /> � I'ees,�g 2,h5 �e
<br /> r
<br /> �ea��a�4on Boo S MINING LEASE Renta1A��o� �0 O
<br /> 8 J.T.N. oTL 1�ND .�]A - 3�f 12 193� Sy J. .N.
<br /> ��iz i93o � �
<br /> 3 An Agreem2nt, entered into this 2 1 day of F e b x n a s p , 19�j� , be tween
<br /> �
<br /> George Christensen and Lizzi� Christensen,his wife �
<br /> lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> 1. Lessor, in consideration of the sum of 8ixteen_ nonars (� 1�•QD ), in hand paid, of the royaltiea herein provided
<br /> and the agreements of lessee herein conta,ined, 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 oii and gas, laying pipe lines, building tanks, storing oil and building powera, atations, telephone lines
<br /> and other atructurea (including houses for employees) thereon, to produce, save, take care of, tireat and transport eaid products, the following described
<br /> land in H1�.�. County, State of Nebraska, to-wit: --
<br /> North East �uarter Section Four Tawnship Twelve North Range Eleven West containing 160 acres
<br /> mcre or 1ess. �
<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
<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 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 line or storage tanks, lessor's intereat 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 �i
<br /> the land or in the manufacture of gasoline, including casinghead gae, the market price at the well of one-eighth of the gas so 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 salea. 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 on,,Q before,Qne pear f o thjs date, this lease sh 1t,�en terx�n�te as to both parties, unleas
<br /> lesaee shall pay or tender to leg�qr Qr to the credit of lessor in :i�ate tja,11K o� �airo B�ak at �alr0 � 1�f'�. (which bank is
<br /> lessor's agent) the sum of L�'l�rlt —"----------"'--"'----'--'�------' — ^r �o���$�•�� )
<br /> (hereinafter called "rental"), 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 for periods of six months during the
<br /> primary term. The payments or tendera 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 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,
<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 payments or tenders until thirty days after lessor shall deliver to lessee an instrument in writing duly
<br /> executed a,nd acknowledged, naming another bank as agent to receive such payments or tenders. The down cash payment is consfderation for this lease
<br /> according to its terms and shall not be alocated as mere rent�l 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 nest ensuing rental paying date, commences further drilling operations or commences or resumes the payment or tQnder 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 commencea additional drilling r\
<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 U
<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 eng'aged ia drilling
<br /> operations thereon, the lease shall remain in force so long as drilling operations are prosecuted, and, if they result in the production oE oil or gas� so long'
<br /> thereafter as oil or gas is or can be produced from any well on said land. �
<br /> 6. Leasee ahall have the free uae of oil, gas, wood, coal and water irom said land, except water from lessor's wells, for all operations hereunder, and the royalty on oll
<br /> 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 eapiration oE this lease to remove �
<br /> all property and fixtures placed by lessee on said land, including the right to draw and remove all casing. When reciuired by lessor, lesaee will bury a11 pipe linea below
<br /> ordinary plow depth, and xio well ahall be drilled w3thin two hundred feet of any resldence or barn now on said land without lessor's consent. Lessor aha11 have the privilege, �
<br /> at the risk and expense of leasor, 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 righta of either party under this lease may be assigned in whole or in part and the provisions hereof shall extend to the heirs, personal representatives, aucceasors �
<br /> and assigns, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the righta and privileges of leasee. Should leasee assign this lease in
<br /> whole or in part lessor shall look aolely to the assignee for perforxnance of its terms as to the parts so assigned. No sale or asaignment by lessor shall be binding on lesaee (
<br /> for any purpose until lessee ahall be furni�shed with an instrument in writing evidencing such sale or aseignment. If lessee assigns this lease in part, the obligation (ii any
<br /> egists) to pay rentals is apportioned as between the several owners ratably according to the surface area of each, and default by one oE them fn the payment o! rentala
<br /> ahall not aifect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> 8, This lease 8ha11 never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part nny of its implied obligations, nor while oil or gas i9
<br /> being produced in paying quantities for any cause whatsoever, unless there ahall first be a final judicial ascertainment that such obligation or cause esists and that lesaee
<br /> is in default. Upon such final determination, lessee is hereby given a reasonable time thereafter to comply with auch obligation, or, at lessee's election, to aurrender the
<br /> lease, with the option of reaerving, under the terms of this lease, each producing well and ten acres surrounding it to be eelected by lesaee. Lessee ahall not be liable 1n
<br /> damages for breach oY any implied obligation.
<br /> g, If six or more persons be or become entitled to royalties hereunder, they shall by sufficient written instrument designate some agent to receive payment YoT all,
<br /> and lessee ahall not be required to make payment until auch 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, atrike,
<br /> differences with workmen, or failure of carrierg to transport or furnish facilities Por transportation or as a result of some order, requisition or neceasity oP the government,
<br /> or as the result of any cause whatsoever beyond the control of the lesaee, the time of such delay or interruption shall not be counted against lessee, anything in this leaae to
<br /> the contrary notwithstanding.
<br /> 11. Lessor hereby warrants and agreea to defend the title to said land and agreea that lessee, at lessee's option (but without any duty to do eo), may pay aztd diecharge
<br />'� ariy taxes, mortgagea or other liens upon said land, and in that event leasee shall be subrogated to such lien, with full right to enforce the same, and in addition thereto may
<br /> retain for the satisfaction oY such lien and intereat a11 royalties or rentals accruing hereunder. If lesaor owns an interest in said land leae than the entire fee simple eatate,
<br /> then the royalties and rentals to be paid lessor aha11 be reduced proportionately. Should the right or interest of leasee hereunder be disputed by lesaor, or any other person,
<br /> the time covered by the pendency of such dispute sha11 not be counted against lessee either as affecting the term of the lease or the time for payment of rentale or �
<br /> royalEies or for any other purpose, and leasee may suspend all payments until there is a final adjudication or other determination of such dispute.
<br /> IN WIT S WHEREOF this instrument is executed on the date first above written.
<br /> o t n a App VED Ag p George ehristensen tsEaz.�
<br /> �j—�j_��35 �ypI.E.L. DESCR� 'TION & �A'Tl - .
<br /> F eman Lizzie Christensen �5��
<br /> �� b/�� L�ssox
<br /> TEXA S PRODUCTION COMPANY, '
<br /> Atteat: CORP A,R.@Pf 180i1
<br /> J.C.Audnall �SEAL By
<br /> Assistant Secretary. Vice President
<br /> r�ss�
<br /> STATE OF NEBRASKA,
<br /> County of Z
<br /> H2t11 � ss.
<br /> On thie 21. day of Feby , 19 /0 before me, a Notary Public, in and for said County, personally came the above named
<br /> George Chr i s t ens en and Li z z i e Chr�s t ens en , his wife, who are personally known to me to be the identical
<br /> persons whose names are affixed to the above instrument as lessore, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> Witness my hand and Notarial Seal the date last aforesaid. ��EAL) G.�+.�'qen
<br /> � Notary Public.
<br /> .
<br /> Ju3 3
<br /> 2 19 .
<br /> M commission expires on the 7 day of � ,
<br /> Y
<br /> STATE OF COLORADO,
<br /> ss. �-'•�,
<br /> City and County of Denver,
<br /> On this 1.1 day of ��h , 19 30, beforg me,a Notary Public, in and for said County, personally came tbe above named
<br /> A.R.��ZSOA , Vice President and J•�+•Hu�Tla'l�' 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 Aasistant 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 a.nd Notarial Seal the date last aforesaid._ (gEAL) John 2.�q$'tTO�Ci
<br /> �t Notary PubHc.
<br /> M commission ex ires on the 3� da of Oetober � 19 JJ
<br />
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