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<br /> ��.����.J .��'J�JJ����1J���.J� ����J�� , ^'
<br /> STATE OF NEBRASgA,� �
<br /> Fi'om Hall County, �3'
<br /> Lloyd H.Whitehead B.TId wife I hereby certify that this instrumervt as filed for record in my office �
<br /> at � dcl.ocic A. D2,� April 2�, 19 3� , and is �
<br /> duly recorded in book ��Q�i page 21 .
<br /> �-�����-d Register of Deeds
<br /> B� � �,
<br /> To (
<br /> Texas Production Company Deputy. i� �
<br /> �, E _ Fees,�2.�0 i �
<br /> Lepse o. - QjL AND GAS MIl\TING LEASE Lea$e xo.x- � ��
<br /> Ex iration Book R ntal Book
<br /> 3�12 1�30 By J. T.N. . 3�I12 1930 By J.T AT.� �
<br /> An Agreement, entered into this 2�. day of February , 19 3Q , between �
<br /> Lloyd H.�litehead and Frances K,1�hitehead,Hie wife, �
<br /> � N v
<br /> ' lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee. � a
<br /> 1. Lessor, in consideration of the sum oP T�entY Dollars (�y 20•�� ), 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 formations
<br /> and prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powera, stations, telephone lines
<br /> and other structures (including houses for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following described
<br /> land in H8,11 County, State of Nebraska, to-wit:
<br /> South V�es� Quarter Section T�vo; Nor�h-East Quarter of 3o�th East Quarte� of Secti.on Three,
<br /> Township Eleven North Ra.n�e Twelve 9Vest and containing 200 acres more or less.
<br /> 2. Subject to the other provisions herein conta.ined, this lease shall remain in force for a term of ten years from this date (hereinaSter cailed "primary = •
<br /> term") and as long 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 I
<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 leasee, from time ta
<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 fts I
<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 /> 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 f � '
<br /> � if a,nd when lessee shall sell gas at the wells lessor's royalty thereon shall be one-eighth of the amount realized from such sales. Lesaee is hereby given the !
<br /> option of purchasing all or any part of said royalty rights from the lessor at the best bona fide grice offered by responsibie third parties when and if I
<br /> offered for sale or transfer by lessor.
<br /> 4. If drilling operations are not commenced on said land on or before one year from this date, this lease shall then termina,te as to both parties, unieas I
<br /> lessee shall pay or tender- to lessor or to the credit of lessor in �8.1r0 ►3�8,te B� at Cairo Neb (which bank fs
<br /> lessor's agent) the sum of Ten--�-�'—�----""�'------"'---"'---'--"'--"---"�-'--'--- Doilars ($j,� 00 ) �
<br /> (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. Thereaf�er, semi-annually, in
<br /> like manner, and upon like payments or tenders, the commencement of drilling operations may be further deferred for periods of aix months during the
<br /> primary term. The payments or tendera of rental �aay 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 sha11 be deemed to be commenced when the firat material is placed on the ground. Notwithstanding any devolu-
<br /> tion, cha,nge or division in the ownership of said land, the payments or tenders of rental in the manner herein provided ehall be binding on the succeasors,
<br /> assigns or legal representatives of lessor. If such bank (or any auccessor bank) should fail, liquidate or be succeeded by another bank, lessee ahall not
<br /> be held in defauit for failure to make such payments or tenders until tl�irty days after lessor shall deliver to lessee an instrument in writing duly �,
<br /> executed and acknowledged, naming another bank as agent to receive auch payments or tenders. The down cash payment is consideration for this lease ,
<br /> according to its terms and shail not be alocated as mere renta.l for a period.
<br /> 5. If prior to the discovery of oil or gas on said land lessee ahould drill a dry hole or holes thereon,this lease ahall not be terminated thereby if lessee, �
<br /> before the next enauing 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 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 reaumes 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 driiling operations are prosecuted, and, if they result in the production of oii or gas, so long
<br /> thereafter as oil or gas ie 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, for all operations hereunder, and the royalty on oll �
<br /> and gas sha11 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 thia lease to remove
<br /> all property and fixtures placed by leasee on 9aid land, including the right to draw and remove all casing. When required by lesaor, lessee will bury a11 pipe linea below
<br /> ordinary plow depth, and no well shall be drilled within two hundred feet of any residence or baxn now on said land without lessor's consent. Leasor 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 /> oP any surplus gas not needed for operations hereunder.
<br /> 7. The righta oP either party under this lease may be assigned in whole or in part and the proviaiona hereof shall extend to the heira,personal repx'esentatives, succeasor�
<br /> and assigna, but no sale or assignment by lessor shall operate to enlarge the obligationa or diminish the rights and privileges of lessee. Should lesaee asaign this lease in
<br /> whole or in part lessor shall look solely to the aseignee Por performance of its terxns as to the parts so asaigned. No sale or assignment by lesaor shall be binding on lessee
<br /> for any purpose until lessee shall be furnished with an inatrument in writing evidencing such sale or assignment. If lessee assigns this lease in part, the obligation (if any
<br /> exists) to pay rentals is apportioned as between the aeveral owners ratably according to the surface area of each, and default by one of them in the payment of rentals �
<br /> shall not aYfect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> 8. Thie lease shail never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its implied,obligationa, nor while oil or gas is
<br /> being produced in paying quantities for any cause whatsoever, unless there shall Pirst be a final judicia,l ascertainment that such obligation or cauae 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 aurrender the
<br /> lease, with the option of reserving, under the terms oY this lease, each producing weli and ten acres aurrounding it to be aelected by lessee. Lessee ahall not ba liable in
<br /> damages for breach of any implied obligation.
<br /> 9. If six or more persons be or become entitled to royalties hereunder, they sriall by sufficient written inatrument desfgnate aome agent to receive payment Por all,
<br /> and lessee ahall 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, Iabor or materiai, or by fire, storm, flood, war, rebellion, insurrection, riot, 8trike,
<br /> differences with workmen, or Yailure of carriers to transport or furnish facilities for transportation or as a result of aome order, requisition oT necesaity of the government,
<br /> or as the result oP anY cause whatsoever beyond the control of the lessee, the time of such delay or interruption shall not be counted against lessee, anything in this lease to �
<br /> the contrary notwithstanding.
<br /> 11. Leasor hereby warrants and agrees to defend the titie to said land and agrees that lessee, at lessee's option (but without any duty to do so), may pay and diacharge
<br /> axiy.taxes, mortgagea or other liens upon said land, and in that event lesaee shall be subrogated to auch lien, with full right to enforce the same, and in addition thereto may
<br /> retasn 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 simple estate, �
<br /> then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest oi lessee hereunder be diaputed by leasor, or any other peraon,
<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 for payment o1 rentale or
<br /> royalties or for any other purpose, and lessee may auspend all paymenta until there fe a final adjudication or other determination oE auch dispute. N
<br /> WITN SS WHEREOF this instrument ie executed on the date first above written. • �
<br /> -°����93gnb�a�.E.I,. D�� �Q���O���T�ATA Lloyd H.VYhitehead cs�� �
<br /> � F inan Frances K,Whitehead cs�� Q
<br /> '�j/1,���j� L�SSOft
<br /> Atteat: CORP TEXAS PRODUCTION COMPANY,
<br /> J.C.Hudnall , �sEAL3 By A.R.l�ilson
<br /> Aseistant Secretary. Vice President `�
<br /> � r�ssr+.� �
<br /> �
<br /> STATE OF NEBRASKA,
<br /> County of
<br /> Hall ss.
<br /> On this 2i day of F b• , 19 3� , before me, a Notary Public, in and for ss�id County, personally ca.me the above named
<br /> Lloyd H.Athitehead and Frances �.�hitehead , his wife, who are personally known to me 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 aforesaid. �r'.�"i.Ra,ven
<br /> �SEAL} Notary Public.
<br /> My commisaion expires on the 'x `e�7 day of JU�.y , 19 3�i- .
<br /> STATE OF COLORADO, � ��
<br /> � 8s. t
<br /> City and County of Denver,
<br /> On this �.�- day of " �.TC�3 , 19 �j0 , before me, a Notary Public, in and for said County,personally came the above namec�
<br /> A.,R.Wi 1 s on , Vice President and J,�i.H11C1Y1$.�.1 Assistant Secretary of said Texas-Production Company, who
<br /> are personally known to me to be tlie identical persona whose names are affixed 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 and deed of said corporatioa.
<br /> Witneas my hand and Notarial Seal the date last aforesaid. sEAL John Z'.�3TStTOII!
<br /> � � Notary Public.
<br /> M commission expires on the Q day of October , 19
<br />
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