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<br /> STATE OF NEBRASSA,� i
<br /> From Hall Coiinty, ss. .
<br /> �
<br /> I hereby certif� tliat this instrumer��t z.vas filed for record in. mf offioe
<br /> I; Gilmore R.�iseman and wife at � o�cinc�c A. �.� April 26 19 3� , �nd tis
<br /> �� duly recorded in�book ��QN . paqe 28` .
<br /> I'i �,.�-�%�� Register of Deeds
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<br /> �� `j'O B�
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<br /> �` Texas Production Company Deputy.
<br /> i N,;
<br /> ��; `I'HE TEXA CO AN I'ees,� 2.95
<br />�� ;i ea T °•n� a�k OIL AND GAS MINING LEA.S ea � `N .0-493-
<br /> ���� ���j8 By .T.N. - �/�� �9�g Sy J.T. .
<br /> i An Agreement, entered into this 2�- day of �'p�.. , i9 3p , between
<br /> ', Gilmore R.�iseman and Augusta Wiseman,.��.,�;;���.,e�
<br /> �! _ '
<br /> ��i lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organi1z�ed under the laws of Colorado, lessee.
<br /> . � m o Fort Ei ht Dollars `'*�.�� in hand aid o h ro at ie h r
<br /> 1. Lessor in consideration of the su f ($ ), , P t e t s erein ovided
<br /> . � Y g P Y P
<br /> `, and the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto lesaee, for the purpose of testing by any method for formations
<br /> ' and proepecting and drilling for and producing oil and gae, laying pipe lines, building tanks, storing oil and building powers, st8�tions, telephone lines i
<br /> and other structures (including houses for employeea) thereon, to produce, save, take care of, Lreat and transport said products, the following described f
<br /> I � land in Ha,ll County, State of Nebraska, to-wit: �
<br /> �i: North East Quarter Section Fouxteen; North West Quarter Section Thirteen Toavnship Ten North
<br /> _ � Range Twelve West; South East Qua.rter 3ection Thi.rty Two Townsh3.p ten North Range �ieven
<br /> West containing 4�0 acres more or less. �
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<br /> �7-i �� �6 �930 2
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<br /> �� 2. Subject to the other provisions herefn contained, thfs lease shall remaia in force fox a term o!ten yeara frqm this date (hereinafter called"pri�ary
<br /> I� term") and as Iong thereafter as either oil or gas is or can be produced from a,ny weu oa sa3d 2and; however, 3essee at any time may release this lease
<br /> !� in whole or in part.
<br /> i! 3. The royalties reserved by lessor, and which shall be paid by lessee, are (a) on pil, one-eighth of t3�a�t produee� and saved from said land, the s�,me
<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 aption of the lessee, from timQ to
<br /> � � time, the market price at the wells of such one-eighth on the day it is run to the pi e line or atpra e tanks Iessor's interest fn either Case to bear its
<br /> P S .
<br /> �� proportion of any expense of treating unmerchantable oil to render it merchantable ae crude, and (b) on gas produced from said land and aold or usect off
<br /> � � the land or in the manufacture of gasolfne, including casinghead gas, the market price at the well of one-eighth of the gas so soid or used, provided that
<br /> I � j if and when lessee shall aell gas at the wells lessor's royalty thereon shall be one-eighth oE the amount realized from such salea. Lessee is hereby given the
<br /> � option of purchasing all or any part of said royalty righta from the lessor at the best bona fide p�rice offered by responsible third partiea w�hen and if
<br /> �s offered for sale or transfer by lessor.
<br /> �i 4. If drilling operations are not commenced on said land on or �fo� one ye�fro�this date, this lease shal�„xhen ter�j nate as o oth parties, unleaS
<br /> lessee shall pay or tender to lessor or to the credit of lessor in 8 2218x8 '�a, @ Bank at 1100C� .nlver,� . which bank fs
<br /> � II tessor's agent) the sam of Twenty f our ------------------ ------------------- Dollars ($ ��.QQ )
<br /> � il� (hereinaPter called "rental"), which shall extend for six months the time within which drilling operations may be eommenced. Thereafter, semi-annually, in
<br /> � � like manner, and upott like payments or tenders, the commencement qf drilling operations may be further deferred for periods of six months during the
<br /> � primary term. The payments or tenders of rental may be made by the check or draft of lessee npailed or delivered to said bank on or bePore auch date
<br /> � !; of payment. Drilling operatfons hereunder shall be deemed to be commenced when the firat material is placed on the grqund, Notwithatanding 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 succefisors,
<br /> � assigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lessee sha11 aot
<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 eash payment is consideration for this leas$
<br /> � according to its terms and shall not be alocated as mere rental for a period.
<br /> � � I� 5. If prior to the discovery of oil or gas on said land lessee should drill a dry hole or holes thereon,this lease ahall not be terminated thereby if lessee,
<br /> before the next ensuing rental paying da�te, commencea further drilling operations or commences or resumes the payment or tender of rentals. If a.fter the
<br /> "� discovery of oil or gas the production thereof should cease from any cause, this lease shall not be terminated thereby if lesaee commences additional drilling
<br /> , operations within sixty days thereafter or (if it be within the primary term) commences or resumes the payment or te�der of rentals before the`aext
<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 d�illing
<br /> ;i operations thereon, the lease shali remain in force so long as drilling operatioas are prosecuted, and, if they reeult ia the pro8uction of oii or gas, so 2ong
<br /> �� thereafter as oil or gas is or can be produced from any well on said land.
<br /> j; 6. Lessee ahall have tAe free use of oil, gas, wood, coal and water from said 1and, escept water Erom lesaor's wells, for all operationa hereunder; and the royaity oa oil
<br /> i! and gas shall be in the net quantity after deducting any so used for operations. Lessee ahall have the right at axiy tf�e during or alter the espiration oi thia lease to remov�
<br /> �i ali property and fixtures placed by lessee on�sid land, including the right to draw and remove all casing. When reQuired' b leaspr, 18asee will bury all pipe lines belo�
<br />, � ( ordinary plow depth, and xio well shall be drilied within two hundred feet oP any reaidence or barn now on said land'wfthout �esaor's conaent. I.easor shall have the pMvilege,
<br /> Iat the risk and expense of lessor, of making connection and using gas from any gas well on said land for stoves and inside lights in the principai dwelling on eaid land out
<br /> oE any surplus gas not needed for operations hereunden
<br /> i� 7. The rights of either party under thfs lease may be assigned in whole or in part and the�rovisiqns hereof sha11 extend to the heira,personal reyresentatives, successore
<br /> �'j and asaigns, but no sale or assignment by lessor shail operate to enlarge the obligation$ or diminish the rfghts and privilpges of lesaee. Bhould lessee assig� this lease,in
<br /> ; whoIe or in part lessor shaZl look aolely to the asaignee for performance oE its termS as to the parta eo-assigned. No sa,Te or asaignment by leqaor shall be binding on lesase
<br /> j for any purpose until lessee shall be furnished with an instrument in wrlUng evidencing such sale or assignment. If lesaee assigna this lease in part, the obligatfon (if asly
<br /> exista) to pay rentals is appoi�tioned as between the aeveral ownera ratably according to the aurfaCe area of eaCh, and defauit by one of them in the payment of 7Centals
<br /> �i ahall not afiect the validity of the lease ott the portion of land upon which pro rata reritals are paid or tendered.
<br /> � �; 8. This lease shali hever be forfeited, cancelled, or terminated for failure by leasee to perform in �ahole or in part any of ita implied obligationa, nor while oil or as is
<br /> `,}, being produced in paying quantities for any cause whatsoever, unlese there shall first be a final judiciat ascertainxrcent that auch obligation or e�use exists and thaY�easee
<br /> �j is in default. Upon auch Yinal determination, lessee is hereby given a reasonable ti�e thereafter to comply with such obligation, or, at leesee's electLon, to aurrender the.
<br /> � II 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 ahall not ba liable in
<br /> ij damages for breach oi ahy implied obligation.
<br />� � `� 9. IE sis or more peraons be or become entitled to royalties hereunder, they shall by sufficient written instruxnent designate some agent to receive paqment for a11,
<br /> � and leasee ahalt not be required to make payment until such instrument is furnished.
<br /> � � 10. When drilling or other operationa are delaYed, or interrupted by Iack of water, labor or material, or by fire, storm, tlood, war, rebellion, inaurrection, Mot, strike,
<br /> differences with workmen, or failure of carriers to trana ort or furnish faciliti
<br /> � � P ea Eor transportation or as a result'of sorae order re uisition
<br /> q or neoeasity of the gover�ment,
<br /> �! or as the result of any cause whatsoever beyond the control o! the lessee, the time of such delay or interruption sha11 not be counted againat lessee, anything in thia le8ae to
<br /> i � il the contTary notwithstanding.
<br /> N i! 11. Lessor hereby warrants and agrees to defend the title to said land and agrees that lessee, at lesaee's option (but without any dutq to do so), may paq and distl2arge
<br /> ariy taxes, mortgages or other liens upon said land, and in that event lessee shall be subrogated to sueh lien, wit�3`fu11 right ta enforce the same, and in addition theretp may
<br /> retain Eor the s8tisfaction of auch lien and intereat all royaltiea or rentals accruing hereunder. If leasor owns an in"terest in �a�td land lese-than the entire,fee sfmple eatate,
<br /> ' then the royalties and rentala to be paid lessor ahall be reduced proportionately. Should'the right or interest of leaeee hereunder be disputed by leaeor, or any other person,
<br />� � ,j the time covered by the pendency of such dispute shali not be counted against lessee either as affecttng the teim o1-the lease or the time for payment oi rentais or
<br /> i royalties or for any other purpose, and lessee may auspend all payments until there is a final adjudication or other$etermination o! such dispute.
<br /> � ,� IN WITNESS WHEREOF this inetrument ia executed on the date first above written. • ,
<br /> Posted on Map APPROVED AS TO
<br /> I� � • � j� 3-6-1930 by I.y.L. DESCRIPTION � DA�A Gilmore R.��.$�YCI&Il (s�AL)
<br /> � ,� T.F.Freeman Augusta, �►iseman �s�'�
<br /> � 3/10/ o - �assoR
<br /> j Attest: ' ' �S�RP� TBEXA S PRODUCTION COMPANY,
<br /> I � ; J. C.Hudnal�ssistant Secretar . y � A.R.�ilson
<br />� � �i Y , Vice Presi�s��
<br /> N ± STATE OF NEBRASKA, )
<br /> �i County of Hali } �s'
<br /> I �
<br /> On this 2� day of February is 3� , before me, a Nota Public, in and for safd Count
<br /> Ii � I'3' y, personally came the above named
<br /> , Gi lmo r e R.Wi s eman ana Au.�u�ta �P�S eme.ri , his wiPe,who are peraonally kx►own to me to be the identical
<br /> � persons whose names are affixed to the above instrument as leseors, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> I� � f l Witness my hand and Notarial Seal the date last aforesaid. (SEAL) �P.�.Sorensen
<br /> !� � Notary Public.
<br /> I My commission expires on the 2� day of JU�.y � lg 3]. ,
<br /> STATE OF' COLORADO,
<br /> ss.
<br /> � I City and County of Denver,
<br /> � �
<br /> On this 1�. day of Mareh , 19 3�, before me,a Notary Public, in an for said County, personally came the above na,med
<br /> x.R.�1�,StJIl , Vice President and er.�.Ht1C�T18,�.�. Assistant Secreta,ry oP said Texas Production Company, who
<br /> ,+ are personaily known to me to be the identical persons whose names are affixed to the above instrument as Vice Presiden n
<br /> I . t a d Aasis
<br /> tant Secretary of said
<br /> corporation, and they acknowledged the instrument to be their voluntary act and deed and the voluntary act and deed of sa,id corporation.
<br /> Ij Witness my hand and Notarial Seal the date last aforesaid. �sEAL� JOhn TN�ta g�P bl�� ; �
<br /> ry
<br /> � M commission expires on the 3 0 day ot 0 e t o b e r , �,g 3 3 ,. � .
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