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� J J�jr���n� �( J � j�J J(� ��' �( 9)� ��
<br /> �������J��V����� ��1��J�� ry
<br /> STATE OF NEBRASgA,� �
<br /> From Hall Coun�y, ss. �
<br /> Em�ry VP.KiYig axld �ifE I hereb� certify that tliis instrumer��t was filed for record in my office �
<br /> � at $ o'c1,ocic A.B�i., April 26 19 30 , and is
<br /> dul� recorded in book ��Q� page 27 . � '
<br /> ��_,,�u"�,���-�� Register of Deeda �1
<br /> To B�
<br /> �
<br /> Texas Production Company Deputy. N
<br />'' THE TEXAS COPd'PANY I+'ees,�2.65 - �
<br /> ease No. N- �2 Ren�al��ook 92 �
<br /> E iration Boo� OIL AND GAS 1VIINII�TG LEAS . 3y12 1 �o By J.T. . �
<br /> 31�2 193o By J.T.N.
<br /> An Agreement, entered into this 24 day of Feb., , , 183� , betweea �
<br /> Emery �.Kin� and Hattie G.King,His wife - I �
<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 �j-�tE871- Dollars (� �-�•00 ), 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 teating by a.ny method for formations
<br /> and prospecting and drilling for and producing oil a,nd gas, laying pipe lines, building tanks, storing oil and building powers, stations, telephone lines
<br /> and other structures (including houses for employees)'thereon, to produce, save, take care of, treat and transport said products, the folloaring described
<br /> land in j�a,],], County, State of Nebraska,, to-wit:
<br /> � 9outh West Quarter Section Twenty six Township Eleven North Ra.nge 2v�elve West containing �
<br /> 160 acres more or less.
<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 (hereina,fter 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.
<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 wella or to the credit of leasor in the pipe line to which the wella may be connected, or, at the option of the lessee, from time to
<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 ita
<br /> proportion of any expense of treating unmerchantable oil to render it merchanta.ble as crude, and (b) on gas produced from said land and aold or used off �
<br /> the la.nd or in the naanufacture of gasoline, including casinghead gas, the market pxice at the well of one-eighth of the gas ao sold or used, provided that
<br /> if and when leasee shall sell gas at the welis lessor's royalty thereon shall be one-eighth of the amount realized from such sales. Leasee is hereby given the
<br /> option of purchasin� aA 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 before one r rom this date, this lease sh the t nate �,�o,�both parties, unlesa
<br /> lesaee shall pay or tender to lessor or to the credit of lessor in �armers ��a�e _ Bank at �oo� �'ver 'N �D, (which bank is
<br /> lessor's agent) the sum of Ei�ht –��–�---"�–"'--""–'�–"_--""'___.. _ --Dollars ($ �.�0 )
<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 payment;s or tenders, the commencement of drilling operations may be further deferred for periods of ais months during the � �
<br /> primaxy term. The payments or tenders of rental may be made by the check or draft of lessee ma.iled ur 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 paymenta or tenders of rental in the manner herein provided ahall 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 and acknowledged, naming another bank as agent to receive such payments or tenders. The down cash payment is consideration for this leasa
<br /> according to its terms and shall not be alceated 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 ahaII not be terminated thereby if lesaee, �
<br /> 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 /> discovery of oil or gas the production thereof ehould cease from any cause, this lease shall 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 resumes the payment or tender of rentais before the aext �
<br /> ensuing rental paying date. If at the expiration of the primary term oil or gas ia 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 ahall have the free use of oil, gas, wood, coai and water from said land, except water from leasor's welis, for all operations hereunder, and the royslty on oA
<br />' and gas ahall 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 x'emove
<br /> ali property and fixtures placed by les8ee on said land, including the right to draw and remove all casing. When required by leasor, lesaee will bury a11 pipe lines below
<br /> ordYnarY plow depth, and no well aha11 be drfiled within two hundred feet of any reaidence or barn now on said land without lessor's consent. Lesaor shall have the privilege,
<br /> at the risk and expense of leasor, of making connection and uaing 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 rights of either party under this lease may be assigned in whole or in part and the provieions hereoY shall extend to the heirs, peraonal repreaentativea, auCCessore
<br /> and assigns, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the rights and privilege8 of lessee. Should leeaee asaign this leaae ia
<br /> whole or in part lessor ahall look solely to the assignee for performance of its terms as to the parts ao assigned. No sale or assignment by lessor eha11 be binding on lessee
<br /> for any purpose until lessee shall be furnished with an instrument in writing evidencing auch sale or assignment. If lessee assigns this lease in part, the obligation (if 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 oP them in the payment of rentais
<br /> ahall not affect the validity of the lease on the portion of land upon which pro rata, rentals are paid or tendered.
<br /> 8, Thia lease ahall 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 ia
<br /> being produced in paying quantit3es for any cause whatsoever, unless there shall first be a final judicial ascertainsr�ent that auch obligation or cause exiats and that leesee
<br /> is in default. Upon such final determination, lessee is hereby given a reasonable time thereatter to comply with auch obligation, or, at lessee's election, to aurrender the
<br /> lease, with the option of reserving, under the terms of this lease, each producing well and ten acres aurrounding it to be selected by lesaee. Lessee sha11 not ba liable in
<br /> damages for breach of any implied obligation.
<br /> • 9. If six or more peraona be or become entitled to royalties hereunder, they shail by sufficient written instrument designate some agent to receive payment Lor all, �
<br /> and lessee shall 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, labor or material, or by fire, storm, flood, war, rebellion, insurrection, riot, atrike,
<br /> differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a result of aome order, requisition or necesaity of the goveTnment,
<br /> or as the result of any cause whataoever beyond the control of the lessee, the time of such delay or interruption ahall not be counted against lessee, anything in this lesee to
<br /> the contrary notwithstanding.
<br /> 11. Leasor 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 diacharge
<br /> axiy taxes, mortgages or other liens upon suid 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 all royalties or rentals accruing hereunder. If lessor own8 an interest in said land lesa 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 sha11 not be counted against lesaee either as affecting the term of the lease or the time for payment o! rentals or
<br /> royalties or Yor any other purpose, and lessee may auspend a11 payments until there is a final adjudication or other determination of such dispute.
<br /> • IN WITNESS WHEREOF this instrument is esecuted on the da e fi above written. •
<br /> po�frd o��A�,o APPROUED �S �0 ��rp_ W.King csEa�.) I
<br /> ,�-6 -�qaa ,ay i;��. � E C�,IPeman & DATA Hattie G.King cs��
<br /> � . , � _ �/�vI�j� ) LrBSOK
<br /> Attest: ��'��( TEXAS PRODUCTION COMPANY,
<br /> J.C.Hudnall (sEAL� $y A.R.Wilson
<br /> Aasistant Secretary. Vice President �
<br /> �ss�
<br /> STATE OF NEBRASKA, �
<br /> County of
<br /> Hal l ss.
<br /> On this 2�'�' day of February 1g 30 , before me, a Notary Public, in and for said County, personally came the above named
<br /> Emery �i.�111g and �att ie G.Kin� , his wife, who are personally known to me to be the identical
<br /> persons whose names are affixed to the above instrument as lessora, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> Witness my hand and Not�rial Seal the date last aforesaid. _ �sEA�� ���_ � E 8oren eIl
<br /> aj -� � � �otary Public.
<br /> �7,/ c��.��`�
<br /> �
<br /> My commission expirea on e 2� day of July , 19 �J1. � "� �°
<br /> �`�� �'3Z6� Q�`i!:�f�� _�
<br /> STATE OF COLORADO, l�0��������a �� �-/,��`_
<br /> rCity and County of Denver, � S��` —��___ �
<br /> _�----------�
<br /> On this 1.�. day of Mar eh , is 30 , before me, a Notary Public, in and for said County, personally came the above named
<br /> A.R.�l�.S�11 , Vice President and J•C.HUdna�-1 - Assistant Secretary of said Texas Production Company, who
<br /> are personally known to me to be the identical persons whose names are affixed to the above instrument ae Vice President and Assistant Secretary ot said
<br /> corporation, and they acknowledged the instrument to be their voluntary act and deed and the voluntary act and deed of said corporation.
<br /> Witness my hand and Notarial Seal the date last aforesaid. {SEAL) John �o�aY_$��$�
<br /> �y
<br /> M commission ex ires on the � da of 0 e t ob e� 19
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