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<br /> iSTElTE OF NEBRASgA,
<br /> � From Hall Count�, � �s'
<br /> �! �
<br /> i� Charles E.Taylor d.21d vcife I hereby cer•ti.fy that this instrumervt was filed for record in my office I'
<br /> �; � at S` o'cl,ncic A.1Y1., April 2� 19 3Q , ¢nd is
<br /> �� dul� recorded in book ��Q� page 22 .
<br /> `i
<br /> �; �-c�������� Register of Deeds �
<br /> '� TO B�
<br /> ; Texas Production Company Deputy. ,
<br /> I'ees,�2.�5 �
<br /> THE TEXA� COMPAN.Y' !
<br /> Leas� No N- � � Lea:sE No.N- �5
<br /> i; E piration eoo� OII, AND GAS 1VIINING LEAS R a B o ,
<br />, � i; 3�12 1930 By J.T.AI. 3g�i� �93g �y J, T N.
<br /> An Agreement, entered into this 21 day og Feby , 19 3� , between �
<br /> ;; Charles E.Taylor and Lillian A.Taylor ,His Wife !
<br /> Ni; �
<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 T�enty Dollars ($ G`��.�0 ), 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 /> I; and prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powers, stations, teIephone Iines
<br /> and other structures (including houses for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following described
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<br /> nd in H31Z County, State of Nebraska, to-wit: �
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<br />'� o ` East Half of East Half and South 1Nest Quarter of North East Quarter 3eetion Sixteen Townshi �
<br />�' TM�i j� Eleven North Range Twelve West conta.inin$ 200 acres more or less. �
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<br />' 'j 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 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 �
<br /> � in whole or in part. t
<br /> i � �; 3. The royalties reaerved by lessor, �.nd which shall be paid by lessee, are (a) on oil, one-eighth of that produced and sa,ved from said land, the same I
<br /> : to be delivered at the vvelis or to the credit of leasor 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 lin� 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 /> j the land or in the manuf�,cture of gasoline, including casinghead gas, the market price at the well of one-eighth of the gas so sold or used, provided that i
<br /> � if and when lessee shall sell gas at the wella lessor's royalty thereon shall be one-eighth of the amount realized from such sales. Lessee is hereby given the I
<br /> � option of purehasing all or any part of said royalty rights from the lessor at the best bon�, fide price offered by responsible third parties when and if ;
<br /> . offered for sale or transfer by lessor. i
<br /> ; 4. If driliin o erations are not commenced on said land on or before ne ear f ox�,th',s date this lease sh t�ien te xr�g�e as to both parties, unless
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<br /> ` lessee shall pay or tender to ],�,ssor or to the credit of lessor in State �&,21� O� tia,1T0 �aak at a.2T0�r NBt� (which bank is
<br /> � � �; lessor's agent) the sum of 1'en Dollars ($�.Q.Q� )
<br /> ; (hereinafter called "rental"), which shall extend far sis months the time within which drilling operations may be commenced. Thereafter, semi-annually, in
<br />' i like manner, and upon like payments or tenders, the commencement of drilling operafcions may be further deferred for periods of six months during the
<br />� t� 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 /> ij of payment. Drilling operations hereunder ahall be deemed to be commenced when the first materiai is placed on the ground. Notwithstanding any devolu- (
<br />� i 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, I
<br /> � assigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be sueceeded 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 /> i': executed and acknowledged, naming another bank as agent to receive such payments or tenders. The down cash payment is consideration 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 shail not be terminated thereby if lessee,
<br /> before the next ensuing rental paying date, commences further driIling 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 shall not be terminated thereby if lessee commences additional drilling
<br /> i 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
<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 lon as drillin o erations are rosecu an h
<br /> ted d if t e s 1 '
<br /> g g P p , , re u t in the roduction of oil or as ao lon
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<br /> thereafter as oil or as is or can be roduced from 8.n well on said la d.
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<br /> 6. Lessee shall have the free use of oil, gas, wood, coal and water from said land, except water from lessor's welis, for all operations hereunder; and the royalty on oil
<br /> I� and gas shall be in the net quantity after deduct3ng any so uaed for operations. Lesse� �hall have the right at any time during or aiter the expiration of this lease to remove
<br /> a11 property and fixtures placed by lessee on said 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 shall be drilled within two hundred feet of any residence or barn now on safd land without lessor's consent. Lessor shall have the rivile e,
<br /> at h risk d ex ense of les or of maki nnectio n p g
<br /> t e a n p s , n g c o n a d u s i n g g a s f r o m a n y g a s w e l l o n s a i d l an d f o r s t o v e s a n d i n a i d e l i g h t s i n t h e r i n c i a 1 d w e l l i n o n s a i
<br /> i� o f a n y s u r p l u s g a s n o t n e e d e d f o r o p e r a t i o n s h e r e u n d e r.
<br /> P P g d l a n d o u t
<br /> 7. The rights of either party under this ]ease may be assig•ned 9n whole or in part and the provislons hereof shall extend to the heirs, personal representatives, successors
<br /> j� and assigns, but no sale or assignment by lessor shall operate to enlarge the obiigations or diminish the rights and privileges of lessee. Should lessee asaign this lease in
<br /> j whole or in part lessor shall look solely to the assignee for performance of its terms ae to the parts so assigned. No sale or assignxnent by lessor ahall be binding on lesaee �
<br /> � for any purpose until lessee shall be furnished with an instrument in writing evidencing such sale or aesignment. If lesaee assigns thi� lease in part, the obligation (iY ariy
<br /> ; existe) 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 /> ! shall not affect the validity of the lease on the portion of land upon which pro x•ata rentals $re paid or tendered. !
<br /> !� 8. This lease ahall never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its impiied obligations, nor while oil or gas is
<br /> being produced in paying quantities for any cause whatsoever, unless there shall first be a final judicial ascertainment that such obligation or cauae exists and that lessee
<br /> `( is in default. Upon such linal determination, lessee is hereby given a reasonable time thereafter to comply with such obligation, or, at lessee's election, to surrender �he
<br /> lease, with the option of reserving, under the terms of this lease, each producing well and ten acres surrounding ft to be selected by lessee. Lessee ahall not be liable in �
<br /> i damagea for breach of any implied oblfgation.
<br /> ! 9. If six or more persons be or become entitled to royalties hereunder, they shall by aufficient written instrument designate some agent to receive payment for ali,
<br /> and lessee ahall not be required to make payment until such instrument is furnished.
<br /> �i 10. When drilling or other operations are delayed or interrupted by lack oY water, labor or material, or by fire, storm, flood, war, rebellion, insurrection, riot, atrfke,
<br /> �j differences with workmen, or failure of carriers to transport or furnish facllities for transportation or as a result of some order, requisition or necessity of Lhe 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 this lease to
<br /> the contrary notwithstanding.
<br /> f 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 leas than the entire fee`simple estate,
<br /> then the royalties and rentals to be paid lessor sha11 be reduced proportionately. Should the right or interest of leasee hereunder be disputed by leasor, or any other peraon, `
<br /> ,� the time covered by the pendency of such dispute ahall not be counted against lessee either as affecting the term of the lease or the time for payment of rentals or
<br /> �i royalties or for any other purpose, and leasee may suspend all payments until there is a final adjudication or other determination of such dispute. j
<br /> ,; IN WITNESB WHEREOF this instrument is execute the date first above written.
<br /> �; Po tgd o DE��RIP���1JA� ��3'A Charles �.Taylar esEAZ.�
<br /> �� 3—�-1930�5��''.':.E.L. T.F.F � eeman � � -
<br /> I' 3/�013o L��l�an A.2aylor es�.�
<br /> �i LFSSOR,
<br /> !? Attest: (C+'4RP TEXAS PRODUCTION COb4PANY,
<br /> !' J.C.Hudnall (SEAL $y A.R.�ilson
<br /> b" Assistant Secretary. Vice President �
<br /> j x�ss� l
<br /> jl STATE OF NEBRASKA, I
<br /> " Count of Hal]. } ss'
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<br /> i; On this 2], day of February , 19 �j�, before me, a Notary Public, in and fof�said County, personally came the above named
<br /> �: Char2es E.Taylor and L311ian A.1'a.y�.OT , his wife, who are personally known to me to 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 /> � Witness my hand and Notarial Seal the date last aforesaid.
<br /> ?; (9�+AL) 8.R.B Notary i'ublic. (
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<br /> i' My commission expires on the 1.8'� day of Feby i9 35 , ,
<br /> ( STATE OF COLORADO, � �� -
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<br /> City and County of Denver, I
<br /> j On this �.1 day of �TCh , 1g J� , before me, a Notary Pubiic, in and for said County, personally came the above named i
<br /> (� A.R.�Z�.SOYl , Vice President and J.�%.HuC�.11E�.�-Z � - 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 of saia
<br /> corporation, and they acknowledged the inetrument to be their voluntary act and deeci and the voluntary act and deed of said corporation. !
<br /> II Witness my hand and Notarial Seal the date last aforesaid. '
<br /> iI (SEAL) John T.I�ystrom r I
<br /> I Notary Public.
<br /> �; MY comznission expires on the � da oP October 1�3 � '
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