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<br /> �����'�'�����,��� ° '��'��� �� � �� .
<br /> �
<br /> �
<br /> STATE OP NEBRASgA,� �
<br /> Froin Hall County, s�'
<br /> Carl Jonnson a.Ad W1fE I hereby cert4fy that this instrumer�t was filed for record in my office
<br /> � at $ o'c1,ocic A.b-1., Apr11 26 193� , and is
<br /> dul� recorded in book 1°Qp p�ge 29 • � '
<br /> ��Z�ti�� ��� Register of Deeds i �
<br /> To B� I
<br /> Texas Production Company Deputy. ��
<br /> I
<br /> . Ii'ees,�2.65 �
<br /> Eea r NQ.nNBo9k OIL AND G.l�.S MINING LEAS RentalNBook `� T �
<br /> 3��� ��3� By �.T.N. 3�12 0 3� By ee. N.�
<br /> An A gre e men t, e n t e r e d i n t o t h i s 2�} d a y o f F e b. , 1 9 3 , e t w
<br /> Carl dohnson and Matie Johnson ,his wife �
<br /> lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee. I �
<br /> 1. Lessor in consideration of the sum of Sixte�n Dollars ($ 16.�� ), in hand paid, of the royalties herein provided
<br /> and the agreements of lessee herein contained, hereby grants, leases and leta 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 powera, stations, telephone linea
<br /> and other structurea (including housea for empioyees) thereon, to produce, save, take care of, treat and transport said products, the following described
<br /> land in �ja,7,1,__ -- County, State of Nebraska, to-wit:
<br /> 8outh East Quarter Section Nineteen Township Eleven^�Ran�e Twelve �est containing 160 acres �
<br /> more or less.
<br /> I
<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 (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 leaee
<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 cvells 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 bear ita
<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 /> the land or in the manufacture of gasoline, including ca,singhead gas, the market price at the weil 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 royaity rights from the lesaor 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 operatione are not commenced on said land on or�eta ene�y ea from this date, this lease shall then terminate as to both parties, unless
<br /> lessee shall pay or tender to 1e�so or to the credit of lessor in 'L !ir`�.21�k of Cairo ��at Cairo ,Neb. (which bank ia
<br /> lessor's agent) the sum of El��'t -------�-----------------�--------------------- Dollaxa ($$�.00 )
<br /> (hereinafter cailed "rental"), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, aemi-annually, in
<br /> like manner, a,nd upon like payments or tenders, the commencement of drilling operations may be further deferred for periods of six months during the
<br /> prima,ry term. The payments or tenders of rental may be made by the check or draft of lesaee mailed or delivered to said bank on or before auch date
<br /> of payment. Drilling operations hereunder ahall 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 shall be binding on the successora,
<br /> aseigns 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 deliv�r 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 lease �
<br /> 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 ahall 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 lesaee commencea additional drIlling
<br /> operations within sixty days thereafter or (if it be within the primary term) commencea or resumes the payment or tender of rentals before the next
<br /> ensuing rental payin� date. If at the expiration of the primary term oil or gas is not being produced on said land but lessee is then eng'aged in drilling I
<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 loag 0 �
<br /> thereafter as oil or gas is or can be produced from any well on said land. � `�
<br /> 6. Lessee sha11 have the free use of oil, gas, wood, coal and water from eaid land, except water from lesaor's wells, Yor all operatione hereunder, and the royalty,on oil
<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 thfs lease to remova �
<br /> all property and fixtures placed by lessee on said land, including the right to draw and remove all.casing. When required by lessor, lesaee will bury all pipe linea below i •
<br /> ordinary plow depth, and no well shall be drilled 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 espense of.lessor,.of making connect�on and using gas from any gas well on said la.nd for stoves and inside lights in the principal dwelling on aaid land out i
<br /> of any aurplus gas not needed for operationa hereunder. �
<br /> 7, The rights of either.party under thia lease may be asaigned in whole or in part and the provisions hereof shall extend to the heirs, personal representativea, auccessos'e
<br /> and assigns, but no aale.or assignment by lessor aha11 operate to enlarge the obligations or diminiah the rights and privileges of leasee. Should lesaee assign thia lease in
<br /> whole or in part lessor ahall look solely to the assignee for perforxnance of ita terms as to the parte so asaigned. No sale or assigmnent by leasor sha11 be binding on lessee
<br /> for any purpose until lessee ahali be furnished with an instrument fn writing evidencing such sale or asaignment. If lessee asaigns this lease in part, the obligation (if anq
<br /> exista) to pay rentals is�apportioned as.between the several ownera ratably according to the surface area of each, and default by one of them in the payu►ent of rental8
<br /> shall not affect the validity of the lease on the portion of land upon which pro rata rentals axe paid or tendered. �
<br /> 8. This lease aha11 ne�ter be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any o! ita implied obligatione, nor while oil or gas is
<br /> being produced in paying quantities for any cause whatsoever, unless there shall first be a final judicial ascertainxnent that auch obligation or cause esiats and that lesaee I
<br /> is in default. Upon auch final determination, lessee is hereby given a reasonable time thereafter to comply with auch obligation, or, at lesaee's election, to gurrender the
<br /> lease, with the option of'reserving, under:the terms of this lease, each producing well and ten acres surrounding it to be selected by leasee. Leasee ahall not be liable in
<br /> damages for breach of any implied obligation. �
<br /> g, IP sia or more persons be or become entitled to royalties hereunder, they shall by aufficient written in&trument designate aome agent to receive payment foT all, �
<br /> and lessee ahall not be required to make payment until such instrument is furniahed.
<br /> 10. When drilling or other operations are delayed or interrupted by lack oE water, labor or material, or by fire, atorxn, flood, war, rebellion, insurrection, riot, atrike, �
<br /> differences with workmen, or failure of carriers to transport or furnish facilities for tranaportation or as a result of aome order, requisition or necesaity oL the governmeat,
<br /> or as the result of any cause whataoever beyond the control of the lessee, the time of such delay or interruption shall not be counted against lessee, anything in this leaee to
<br /> the contrary notwithstanding.
<br /> 11. Leasor hereby warrants and agrees to defend the title to said land and agrees that leasee, 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 additfon thereto may
<br /> retain foT tlie satisfaction of such lien and interest all royalties or rentals accruing hereunder. If lessor owna an interest in said land lese than the entire fee aimple estate,
<br /> then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest of lessee hereunder be disputed by leasor, or any other peraon,
<br /> r d b the endency of such dispute ahall not be counted against leasee either as afPecting the term of the lease or the time for payment oi rentals or
<br /> the time cove e y P r other determination oY such diapute.
<br />, royalties or for any other purpose, and lesaee may suspend all payments until there fs a Yinal adjudication o
<br /> IN WITNESS WHEREOF this instrument is esecuted on the date first above written. ' � !
<br /> �o t APPROVED AS TO Ca31 Johneon cs�,� �
<br /> _�_��3g�y�:.E.L. DE�C IPTION & DATA B�,tie Johnson �s��
<br /> 3�1����man r.�ssoR
<br /> Atteat: �"Qj�,P TEXAS PRODUCTION COMPANY,
<br /> J.C.HudnalAl . �SEAL� By A.R.Wilson
<br /> ssistant Secretary. Vice Preaident
<br /> r�ss�
<br /> STATE OF NEBRASKA,
<br /> � ss.
<br /> County of Ha.�.�
<br /> On this 2 day of February , 19 3�, before me,a Notary Public, in and for-said County, personally came the above named
<br /> Carl Johnson ana Matie Johnson , 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 th ey each acknawledged said instrument to be their voluntary act and deed.
<br /> Witness my hand and Notarial Seal the date last aforesaid. (gEAL) W.E.8orense�
<br /> otary PubHc.
<br /> _ My commission expirea on the 2� day of July , i931 -
<br /> STATE OF COLORADO,
<br /> � ss�
<br /> City and County of Denver,
<br /> Qn this 11 day of , �areh , 19 3� , before me, a Notary Public, in and for said County, personally came the above.named �
<br /> �.R..�113013 , Vice President and eJ.�.HL1C1218.1.1 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 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 deed of said corporation.
<br /> Witness my hand and Notarial Seal the date last aforesaid. �SEAL) John T.��$�T��c.
<br /> M commission e ires on the 30 da of 0 c t o b e r , 19 '
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