|
��3 _ 9
<br /> ����5�'���� '��� .��'►C��� ��'�'��� �� � ��
<br /> __ - -
<br /> . =�"_.aTES7'$..,C4TIRFIAL GDFIPANY;LiNC"QtIV,.N�B ._..� __._ _. .__._._._.�_____.__
<br /> � +
<br /> � STATE OF NEBRASSA,�
<br /> � From Hatl County, s�'
<br /> ��� �
<br /> �'! Cha,B.Baade and wi f e I hereby cer•ti fy that this instrumer��t was zled f or record in my o f fice
<br /> at S dcl,ncic af�a`� April, 2� 19 30 , and is �
<br /> �� dul� recorded in i�ook Q page 26 ,
<br /> �,_���L�� �._./J c�e��,� Register of Deeds
<br /> ' �� O
<br /> ii T� BJ i
<br /> �i Texas Production Company De ut
<br /> i� p y�
<br /> I'ees,�2.h 5
<br /> �' �rur�EX.A.S._�n�FpnNV _
<br /> � N 441 �
<br /> I! ease o. - � NEBRASRA ea e N . ,
<br /> �j E piration Book OIL, ANll GAS MINING LEASE ��i3a 9�0�y J. � ��►.
<br /> 3�1�F 1930 By J.T.N.
<br /> I '; An Agreement, entered into this 2� day of Feby . , 19�j'� , between �
<br /> f i;
<br /> j� Chas Baade and Anna Baade,His wife, � �
<br />� � t�i leasor (whether one or more), a�nd TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> (' 1. Lessor, in consideration of the Su� of Sixteen Dollars (� 1.6.c,`�� ), in hand paid, of �he royalties herein provided {
<br /> i and the agreements of lesaee herein contained, hereby grants, leasea 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 j
<br /> j 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 Hall County, State of Nebraska, to-wit:
<br /> �� _. � _ �
<br /> �;� South West Quarter 8ection Eight Townshzp Eleven North Raz�e Twelve �test Containing 160 �
<br /> �' acres more or less. � � 1
<br />� � �
<br /> I �
<br /> t j� .
<br /> �! � � � � '
<br /> �` '!i 2. Subject to the other provisions herein contained, this lease shall remain in force for a term of ten yeary from this date (hereinafter called "primary
<br /> I': 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. i
<br /> �f �
<br /> i 3. The royalties reserved by lessor, and which shall be paid by lessee, are (a) on oil, one-eighth of that roduced and saved from said land tfle same -
<br /> . P ,
<br /> Ii to be dehvered at the �vells or to the credit of lessor in the i e line to which the wells ma be connected or at the o tion of h le
<br />, P P Y , , p t e ssee, fram time t6 (
<br /> � time, the market price a,t 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 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 asoline includin casin head as the market
<br /> g g g , 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 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 sale or transfer by lessor. �
<br /> �� 4. If drilling operations are not commenced on said land on o befqre o ye��r fro �iis,date, this lease sh�}1t�en terx�n te as to both partiea, unless
<br />�� lessee shall pay or tender to lessor or to the credit of lessor in �'G3'L@ �a.21K O� �i8,1T0� �Sa,alsat �+a.1T0 � 1V8�. (which bank is �
<br /> � lessor's agent) the�sum of �+1' rlt ---�-----------------�_-------__—_—_______—_--__—__Dollara ($�.0�
<br /> (hereinafter called "rental"), w�ich shall extend for six months the time within wluch drilling operations may be commenced. Thereafter, aemi-annually, in I
<br /> � like manner, and upon like payments or tenders, the comxnencement of drilling operations may be further deferred for periods of six months during the
<br /> iprimary term. The payments or tenders of rental may be made by the check or draft of lessee mailed ur delivered to said ba.nk on or before such date
<br /> ,� of payment. Drilling operations hereunder shail 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 /> i assigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lessee ahall not
<br /> ; be held in default for failure to make such payments or tenders until thirty days after lessor shail deliver to lessee an instrument in writing duly
<br /> �j executed and acknowledged, naming another bank a� agent to receive auch payments or tenders. The down cash payment is consideration for thie lease
<br /> �4 according to its terms and shall not be alocated as mere rental for a period.
<br /> �
<br /> 5. If rior to the diseover of oil or n ai a
<br /> as o s d 1 nd lesse should ril
<br /> � p y g e d 1 a dry hole or holes thereon,this lease shall not be terminated thereby if lesaee,
<br /> j; before the next ensuing rental paying date, commences further drilling operations or commences or resumes the payment or tender of rentals. If after the
<br /> il discovery of oil or gas the roduction thereof should cease from an cause this lease shail no r in �
<br /> t be te m ated thereby if lessee commences additional drilling i
<br /> ?;'' 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 />'�, II operations thereon, the lease shall remain in force so long as drilling operations are prosecuted, and, if they reault 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 /> �i 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 oil
<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 egpiration oE thia lease to remove
<br /> all property and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by leseor, lessee will bury all pipe lines below
<br /> ii ordinary plow depth, and no well ahall be drilled within two hundred feet of any residence or barn now on said land without leasor's consent. Lessor sha11 have the privilege,
<br /> at the risk and expense of lessor, of making connection and ueing gas from any gas well on aaid land for atoves and inside lighta in the principal dwelling on said land out
<br /> � of any surplus gas not needed for operationa hereunder.
<br /> Ii 7• The rights of either party under this lease may be assigned in whole or in part and the provisions hereof shall e�tend to the heirs, personal representatives, succea�lrs
<br /> � I� and assigns, but no sale or asaignment by lessor shall operate to enlarge the obligations or diminieh the rights and privilegea of lessee. Should lessee asslgn this lease in
<br /> whole or in part lessor shall look solely to the assignee for performance of ita terms as to the parts so assigned. No sale or assigninent by leasor shall be binding on leseee
<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 obligation (iP any
<br /> � (� 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 payment of rentals
<br /> � shall not affect the validity of the lease on the portion oP land upon which pro x•ata rentals are paid or tendered.
<br /> 8. This lease shall never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its implied obligations, nor while oil or gas ia
<br /> �� being produced in paying quantitiea for any cause whatsoever, unless there shall firat be a final judicial ascertainrnent that auch obligation or cause exists and that leasee
<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 surrender the
<br /> -' lease, with the option of reserving, uxider the terms of this lease, each producing well axid ten acres surrounding it to be selected by lessee. Lessee shall 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 sufficient written instrument designate some agent to receive payment for all,
<br /> ! and lessee shall not be required to make payment until such instrument is furnish�d.
<br /> � 10. When driiling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, storm, Ylood, war, rebellion, insurrection, riot, strike,
<br /> �i differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a reault of some order, requisition or necesaity of the government,
<br />, N � or ae the resuit 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 /> ,i the contrary notwithstanding.
<br /> il 11. Lessor hereby warranta and agrees to defend the title to said land and agrees that lessee, at lesaee's option (but wfthout 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 auch lien, with full right to enforce the same, and in addition thereto may
<br /> � retain for the satisfaction of such lien and interest atl royalties or rentals accru3ng hereunder. If lessor owns an interest in said lastd less tha.n the entire fee s=mpie estate,
<br /> �! then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest of leasee hereunder be disputed by lessor, or any other person,
<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 of rentals or
<br /> � li royalties 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 WITNESS WHEREOF this instrument is executed on the date first bove written, � I
<br /> � � ji �j-°�Oe�9�� �y'pI.E. L. DESC� I TION �SD�TA . Chas. Baade csEaL�
<br /> - T � man Anna, Baade - csEaL�
<br /> �' �/i ���5 � �.�ssoR
<br /> I ��� Attest: TEXAS PftODUCTION COMPANY,
<br /> ; J.C.Hudnall �C(SEAL) By A.R,.S�ilson
<br /> f � �� Assistant Secretary. Vice President
<br /> I � LESSEE
<br /> I� ' STATE OF NEBRASKA, )
<br /> �� }
<br /> jj County of Ha�l � ss'
<br /> ;; On this 2�.�- day of February , 193 0 , before me, a Notary Public, in and for said County, personally came the above named
<br /> j Chas Baade and Anna Baade , his wife, who are persona,lly known to me to be the identicai
<br /> s 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 /> �' /SE1�L� � �•�i.SOT Notarey-�ublic.
<br /> 1
<br /> ji My commission expires on the 2� day of JUly , 19 ], .
<br /> � STATE OF COLORADO, <��
<br /> � City and County of Denver,
<br /> � ss. �
<br /> �Ij On this 19 day of �da,reh , 19 �j� , before me, a Notary Public, in and for said County, personally came the above named
<br /> 1I A.�.�1�.8011 , Vice President and cT.Ci.HtiC�T1a,].�, 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 said
<br /> corporation, and they acknowledged the instrument to be their voluntary act and deed and the voluntary act and d�ed of eaid corporation.
<br /> Witness my hand and Notarial Seal the date last aforesaid.��EAL�
<br /> �� John T i�o�sy�u�$��.
<br /> i
<br /> M commission ex ires on the 3� dav of Oetober 19
<br /> �� .... � �;
<br /> � � ��i
<br /> � ____
<br />
|