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<br /> ..-. ....�:'Z8B'I].-.siaTE 10LL�1"tNAG Z`OMPANY.LINCOLN.N�E6 . .. . -. . . .. , . �___ _. _�. .�.,.__ . __ . .._._ .. .._,_�
<br /> ; STATE OP+ NI+1BR�1SgA,
<br /> � From Hall County, � ss. ,
<br /> �! Ch��.rles C.Ra,SmuSSeII &21d wife I hereb� certify that this instrumer�t was filed for record in m� office
<br /> ';, at S o'c1,ocic A.D7., Apri1 26� 19 30 , and is
<br /> ' dul� �°ecorded in book ��Qu page 21} .
<br /> il
<br /> ` ��L��� Registe�° of Deeds
<br /> J� To B� ���
<br /> E;
<br />� ��� 7Cexas Production Company Deputy.
<br /> �' THE `�EXAS CO?V'iPANY � I'ees,y�2.65 �
<br />' '-�� G�as� No. !il 5�A9 � � rAS q. ,�ieAS�/j/o.N—s��9
<br /> ;� rx,�,���„� ���� OIL AND GAS 1VIII�TING LEAS ,��n�¢,; ���,�
<br /> y 3/�yi9,�o /� T. T•N� �s iyso By jr.N
<br /> � An Agreement, entered into ttiis 21Bt aay of Feb• , 19 3Q , between
<br /> I o �`'� Charles C.Rasmussen and Ma.rie Rasmussen,His �vife
<br />� � ��°"
<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 3ixteen Dollars ($ �.6.Q0 ), 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 powers, stations, telephone lines ��
<br />�I � � and other structures (inciuding houses for employees) thereon, to produce, save, take care of, treat and transport said products, the following described
<br />' � � i� land in Ha,].1, County, State of Nebraska, to-wit:
<br /> ,�
<br />', � "' South �ast Quarter Section �ive Township Twelve North Range 3'�relve �Pest and containing
<br /> ;i
<br /> I � 160 acres more or less.
<br /> '� �
<br /> �
<br /> ��
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<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 ae 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 leasee, 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 interest in either case to beat� 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 u,sed 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
<br /> if and when lessee ahall sell gas at the wells lessor's royalty thereon shail be one-eighth of the amount realized from such sales. 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 eale or transfer by lessor.
<br /> 4. If drilling operations are not commenced on said land on Qr be ore e_�ear f�v h' te, this lease shall h ter� e as to both parties, unless
<br /> �: lessee shall pay or tende* to less�r,ior�,tc,�the credit of lessor in :3ti�.�8 �t�,IIK OI �a.���___�L�_���r0'+`ie�j• (which bank is
<br /> ' lesaor's a.gent) the sum of g "—""—"—""'—'—"'�--��--l—� —^ Bollars (� �•�i�
<br /> (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced.. Thereafter, semi-annually, in
<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 /> (j primary term. The payments or tenders of rental may be made by the check or draft of lessee mailed ur delivered to sa.id ba,nk 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, cha,nge or division in the ownership of said land, the payments or tenders of rentaI in the m�.nner herein provided shali be binding on the succesaors, !
<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 /> ;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 /> I� according to its terms and ahall 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 /> � before the next ensuing renta2 paying date, commences further dri2ling operations or commences or resumes the payment or tender of rentals. If $fter Lhe
<br /> �� discovery of oil or gae the production thereof should cease from any cause, this lease shall not be terminated thereby if lessee commenees additiona,l 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 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 of oil, gas, wood, coal and water from said land, except water from lessor's wells, for all operationa hereunder, and the royalty on oil
<br /> !� and gas ahall be in the net quantity after deducting any so used for operations. Lessee ahall have the right at any time during or after the expiration of this lease to remove �
<br /> � I all 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 said land without lessor's consent. I,easor 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 atoves and inside lights in the principal dwelling on said land out �
<br /> !� of any surplus gas not needed for operations hereunder, i
<br /> 7. The rights of either party under this lease may be assigned fn whole or in part and the provisions hereof shall extend to the heirs, personal representativea, successors
<br /> {� and assigns, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the rights and privileges of lessee. Should leasee assign this lease in !
<br /> (� �� whole or in part lessor shall look solely to the assignee for performance oY ite terms as to the parts so assigned. No sale or assigninent by leseor ahall be binding on lessee I
<br /> v for any purpose until lessee shall be furnished with an insti•ument in writing evidencing such sale or assignment. If lessee assigns this lease in part, the obligation (i1 any I
<br /> �I exiats) to pay rentals is apportioned as between the several owners ratably aecording to the surface area of each, and deEault by one of them in the payment of rentais
<br /> � �! shall not affect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered. �
<br /> � 8. Thfs lease shall never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its fmpiied obligations, nor while oil or gas is
<br /> '� being produced in paying quantities for any cause whatsoever, unless there shall first be a final fudicial ascertainment that such obligation or cause exiats and that lessee
<br /> � is in default. Upon such final determination, lessee ie hereby given a reasonable time thereafter to comply with such obligation, or, at leasee's election, to surrender the
<br /> i� 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. Lessee 5ha11 not be 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 shall by suPficfent written instrumenY des3gnaYe some agent to receive payment for a11,
<br /> � and lessee shall not be required to make payment until such inetrument is furnished. f
<br /> I' 10. When drilling or other operations are delayed or interrupted by lack oE water, labor or material, or by fire, storm, flood, war, rebellion, inaurrection, riot, strike, i
<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 whateoever beyond the control of the lessee, the time of auch delay or interruption shall not be counted against lessee, anything in this lease to
<br /> j the contrary notwithstanding.
<br /> 11. Lessor hereby warrants and agrees to defend the title to said land an�l agrees that lessee, at leasee'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 fn addition thereto mtxy i
<br /> ! retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. I4 lessor 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 of lessee hereunder be diaputed by lessor, or any other person,
<br /> �, the time covered by the pendency of auch dispute ahall not be counted against lessee either as affecting the term of the lease or the time for payment of rentals or i
<br /> , royalties or for any other purpose, and lessee may suspend all payments until there is a final adjudication or other determination oi such dispute. �
<br /> '' IN WITNESS WHEREOF this instrument i d first above written.
<br /> � �i Pos�ted on Ma, ���'�`��E`� �� �� . `
<br /> I DESCRIPTION � DATA � Charles C.Rasmussen �SEa�,� j
<br /> a �i 3-6-1930 .by �:-E.L. T. - � � �
<br /> � ,�. y��j���� D�arie R�,smusseA �sEaL� �
<br /> � �� ( LFSSOR i
<br /> Attest: Cp�p TEXAS PRODUCTION COMPAN , �
<br /> `� J.C.Hud.nall (SEA �y �A.R.Wilson
<br /> Aasistant Secretary. Vice Preaident
<br /> � �j � � � � � � LESSEE '
<br /> � �I STATE OF NEBRASKA, �
<br /> l� County of �ja,�,], � ss.
<br /> i On this 2� d�y of February , 19 � , before me, a Notary Public, in and for said County, persona,lly came the above named
<br /> �
<br /> ! CiY1�.T12B �.Rasmussen ana Marie �BI2il.l8$ETl , his wife, who are persona,lly known to me to be the identicai
<br /> ` � i� persons whose names are affixed to the above instrument as lessors, and they each acknowledged said instrument to be their voluntary act and deed. I
<br /> ! Witness my hand and Notarial Seal the date last aforesaid. (gEAL) �.E.Sorensen
<br /> ��i Notary Public. '
<br /> �; My commission expires on the 2� day of JuIY , i9 31 ,
<br /> �� STATE OF COLORADO, #�
<br /> ji � ss.
<br /> � City and County of Denver, I,
<br /> iOn this ],], day of Mar ch , 19 3 0 , before me, a Notary Public, in and for said County, personally came the above named
<br /> � A.R.�IISOTI , Vice President and J.G.Htidrla,ll 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 Asaistaat SeCretary of said '
<br /> corporation, and they acknowledged the instrument to be their voluntary act and deed and the volunta,ry act and deed of said corporation.
<br /> I � '' Witness my hand and Notarial Seal the date last aforesaid.
<br /> �
<br /> � I (SEAL) . John � N�rstro� I
<br />'�' No�a Pubiic.
<br /> � My commission expires on the� da of �C�Ob@T xg �
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