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<br /> STATE OF NEBRASSA,)
<br /> I From Hall County, j s�.
<br /> i� �
<br /> � Thomas Lan�an and wif e I liereby certify tlaat this instrumer��t uas filed for record in my of fioe i
<br /> !� at 8 o'clocic A• D�i., Apr3.1 26 19 30 , and is i
<br /> ii duly recorded in book u Q� page 3� .
<br /> ` �_`,/I��.��L�.�l/��-UP� Register of Deeds
<br /> '' To By I
<br /> �
<br /> � Texas Production Company z�e ut . �
<br /> ,� p y I
<br /> '; b'ees,� 2,95
<br /> I I
<br /> ;
<br />� �: e12r1 �OnBB�J.�.N. DIL AND GAS MINING LEASE �en�a�N�oo�"95
<br /> �' 3� 93 y a 3�12 193o HyJ.T. .
<br /> I , An Agreement, entered into this 25 d y of February , 19 3Q , between
<br /> �' Thomas Langan �.nd �ary A.Langan,his wife
<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 Fif ty—'�VPO Dollars ($ �i�.�� ), 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 forma,t$ons
<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 (including housea for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following described
<br />' ;� land in H�.1�. County, State of Nebraska, to-wit:
<br />' �#' North East Quarter and North Ha].f South East Quarter Sect3.on Thirteen Totienehip ten North ���'
<br /> ' �; Range T�elve West; North Half of North Half of Section Nineteen and North 20 aeres of Sout
<br /> y; East Quarter of North East Quarter; North 20 acres of South West Quarter of South East
<br /> � Quarter of Section Nineteen Township ten Nor�h Rar�e Eleven West; North Eaet Quarter of
<br /> j� North Weat Quarter and North V�est Quarter of Nor�h Eaat Quarter 8eetion Seven Townehip Nin
<br /> � North Range �leven West and containing 520 acres more or less.
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<br /> - �
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<br /> 2. SubSect to the other provisions herein contained, thi� lease shall remain in force for a term of ten years�rom�his date (hereinafter called "primaz"y �
<br /> � term") and as long thereafter as either oil or gas is or can be produced from any well on sa,id land; however, iessee at any time may release thie �ease
<br /> ; in whole or in part. �
<br /> � 3. The royaltfes reserved by lessor, and which shali be paid by lessee, are (a) on oil, one-eighth of that produced and ea,ved from said land, the sa,me �
<br /> ' to be delivered at the �vvells or to the credit of lessor in the pipe iine to which the wells may be conneCted, or, at the optfon of the leasee, from time tp
<br /> time, the market price at the wells of auch 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 mercha,nta.ble as crude, and (b) on gas prpduced from said lattd and sold qr used 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 shall sell gas at the wells lessor's royalty thereon ahall 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 ff
<br /> offered for sale or tranafer by iessor.
<br /> i jj 4. If drilling operations are not commenced on said land o pr be o o e yearf�om this date, this lease sh hen e�n�,te as oth parties, xtnless
<br /> I �j lessee shall pay or tender. o lessor or o the credit of lessor in�1TS� �ia�tional Bank at �00� ttl4@T t? (which bank fs
<br /> �, lessor's agent) the sum o�wenty �ix ----^----------�---�------�----------------- Dollars ($ ��•�a )
<br /> � (hereinafter called "rental"), which shall extend for six months the time within which drilling operations xnay be commenced. Thereafter, semi-annually, in
<br /> i' like manner, and upon like payments or tenders, the commencement of drilling operatfons may be further deferred for periods of six months during the
<br /> i primary term. The payments or tendera of rental may be made by the check or draPt of lessee mailed ur delivered to said bank on or before such date
<br /> II 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 chan e or division in the ownershi of said land the a ents or tend r of r n
<br /> � g P , Ym e s e tal in the manner herein rovided s al1 bin i �
<br /> P p h be d ng 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 aha11 not
<br /> ; be heid in default for failure to make such payments or tenders until tlurty 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 paymen�s-or tenders. The down cash payment is considera.tion 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 shall not be terminated thereby if lessee, i
<br /> I' before the next ensuin rental a in date commencea further drillin o r i
<br /> e at on or o
<br />, � g P Y g � g p s c mmences or resumes the payment or tender of renta,ls. If after the
<br /> �,� discovery of oil or gas the production thereof shouid 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 rentals before the next
<br /> ,9 ;', 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, ao long
<br /> � �� thereafter as oil or gas is or can be produced from any well on said land.
<br /> j� 6. Lessee sha11 have the free use of oil, gae, wood, coal and water from eaid land, except water irom leasor's wells, !or all operations hereunder, and the royalty on oil �
<br /> and as aha11 be in the net uantit after deductin an o d for o i
<br /> g q y g y s uae perations. Lessee shall have the right at any time during or atter the expiration of thia lease to remoee
<br /> �; all property and fixtures placed by leasee on said land, including the right to draw and remove all casing. When required by 3esaor, lessee will bury all gipe lines below
<br /> �; ordinary plow depth, and no well shall be drilled within two hundred feet of any residence or barn now on eafd iand without lesaor's consent, Lessor sha11 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 stoves and inside lights in the principal dwelling on said land out
<br /> � of any surplus gas not needed for operations hereunder.
<br /> i, 7. The rights of either party under this lease may be assigned in whole or fn part and the proviaiona hereof ahall extend to the heirs, personal representatives, aucceasore
<br /> j; and assigns, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the rights anQ prfvfleges of lesaee. Should' lessee assign this lease in I
<br /> � � whole or in part lessor shall look solely to the assignee for performance of its terms as to the parts so assigned. No aale or,aasigr►ment by leasor ahatl be binding on leasee
<br /> " for any purpoae until lessee shall be furnished with an instrument fn writing evidencing auch sale or assignment. If leasee assigna this lease in part, the obligation (if any I
<br /> ev �. exiats) to pay rentals is apportioned as between the several owners ratably according to the surface area of each, and default by one of them fn the payment oi rentals �
<br /> i� shall not affect the valldity of the lease on the portion of land upon which pro rata rentals are pa,id or tendered. �
<br /> �� &. This lease ahall never be forfeited, cancelled, or terminated Por failure by lessee to perform in whole or in part any of its implied obligations, nor while oil or gas is
<br /> Ibeing produced in paying quantities for any cause whatsoever, unlese there shall first be a final 3udicial ascertainment that' auch obligation or cause exiats and'that lesaee
<br /> ; is in default. Upon auch final determination, lessee is hereby given a reasonable time thereaSter to compl� With aueh obligation, or, at leasee's election, to aurrender the
<br /> � �� lease, with the option oE reserving, under the terms oP this lease, each producing well and ten acres surrounding it to be selected by lessee. Lessee aha11 not ba liable in
<br /> �� damages for breach of any implied obligation.
<br /> �� 9. IP six or more persona be or become entitled to royaltiea hereunder, they shall by sufficient written instrument designate aome agent to receive payment for all,
<br /> � and lessee shall not be required to make payment until auch instrument is furnished.
<br /> t; 10. When drilling or other operations are delayed or interrupted by lack of water, labor or materiai, or by fire,.atorm, ilood, war, rebellion, inaurrectfon, riot, 8trike,
<br /> differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a reeult of some order, requisitioh or necesaity of the gpver�ment.
<br /> !! or as the result of any cause whataoever beyond the control of the lessee, the time o! auch delay or interruption shall not be counted againat leasee, anything in this lease to
<br /> lithe contrary notwithstanding.
<br /> Il. Leasor hereby warrants and agrees to defend the titIe to suid Iand and agrees that tessee, at Iesaee's option (bUt without �►y auty to do so}, may pay and diseharge
<br /> i ariy taxes, mortgages or other ifens upon safd land, and in that event lessee shall be subrogated to such lien, with full rfght to enforce the same, and in addition tYlereto may
<br /> retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. I1 leasor owns an interest'in aaid land teas than the entire fee siznple eatate,
<br /> � then the royalties and rentals to be paid leseor ahall be reduced proportionately. Should the right or interest oY les8ee hereunder be disputed tiy lesaor, or any other peraon,
<br /> � the time covered by the pendency of auch dispute shall not be counted against leasee either as affecting the term of the lease or the time for.payment of rentals or
<br /> royalties or.for any other purpose, and lessee may suspend a11 payments until there is a iinal adjudication or other determinatiott of such dispute.
<br /> !� IN WITNESS WHEREOF this instrument is executed on the date first above written. � ,
<br /> Po ted o �ia APPROVED AS '�0 � .
<br /> 3-�-�.93��y- �..E. L• D S R PTTOIV � DATA �-; Thomas Langan csE��,�
<br />; �i ���l���j�3man Mary A.Langan � � ts�aL>
<br /> I L�cssoR
<br /> I Attest: �CORP TEXAS PRODUCTION COMPANY,
<br /> J.C.Hudnall (SEAL By A.R.1�ilson
<br /> ! Aasistant Secretary. Vice President
<br /> LESSEE
<br /> ,I STATE OF NEBRASKA,
<br /> f� County og Ha11 � ss.
<br /> �� On thie 2'�J' day of F'6�• , is 30 , before me, a Notary Public, in and r said County, personally came the above named 'I
<br /> �;� � T�omas Lan an ana Mar A.La,n an ��
<br /> b°" v g , his wife, w are personally known to me to be the identical
<br /> j� persons whose names are affixed to the above instrument as lesaors, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> ii Witneas my hand and Notarial Seal the date last aforesaid�,. �SEAL� C.S� o a k tp�,
<br /> �; My commission expiree on the S� day of Al�• , 19 Tj�. _ �� �'Y�bh
<br /> I STATE OF COLOR.ADO,
<br /> � ss.
<br /> City and County of Denver, �,
<br />�I Mj pn this �.�. day ap �da,reh , i9 30 , before me, a Notary Public, in and for said County,personally came the above named i
<br />; II A.?3.Wi 1 s on , Vice President and eT.C.Ht1d-Tlcll.�. . Assistant Secretary of said Texas Production Company, who
<br /> are personally known to me to be the identical persons whoae names are affixed to the above instrument as Vice President and Assistant Secretary oP said
<br /> �i 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 /> I I {SEAL) John �'.Nystrom
<br /> Notary Public.
<br /> My commiseion expires on the �jd day o! OC'�ObET � �a3�j ,
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