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<br /> ISTATE OF NEBRASKA,
<br /> ' From Hall CountJ, � ss.
<br /> ,; �
<br /> ! John T.Coons and �ife
<br /> �; X hereby certify that this instrumer��t was filed for record in my of fice �
<br /> �� at S o'c�ocic A. �i., ApTil 26� 19 30 , and is j
<br />� �� dul� recorded in book �Q�� page 32 . '
<br /> , ,
<br /> �i ���'� ����Register of Deeds
<br /> � Il To B�
<br /> , �; Texas Production Company _ Deputy.
<br /> �; � F'ees,�2.65 _ �
<br /> !
<br /> ; �. ease �. � 9
<br /> �� Lea e No. N-5o�9 �jL AND GAS MINING LEA�S R nta o -
<br /> li 3���ration Boo �, - 31�3 �93� �q J.T I�.
<br /> 1g3o By J. .�.
<br /> �� An Agreement, entered into thia da of Feb �s
<br /> � 19 Y . , �j� > between �
<br /> �� I
<br /> �!i John �.Coons and Amy Coons ,His �ife i
<br /> ' I
<br /> �;
<br /> ; lessor (whether one or more), and TEXAS PRODUCTION CO�PANY, a corporation organized under the laws of Colorado, lessee. �
<br /> 1. Lesaor, in consideration of the sum of Sixteen Dollars ($ �.6•�� ), in hand paid, of the royalties herein provided
<br /> �� nd the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto lessee, for the purpose of testing by any method fbr 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
<br /> i and other structures (including houses for employees) thereon, to produce, save, ta.ke care of, treat and transport said products, the following described
<br />�, = !; land in H8.].�. County, State of Nebraska, to-wit:
<br /> South West Quarter Section Fourteen Township T�celve ATorth Range Twelve l�est and containing l 0
<br /> ' � acres more or less.
<br /> ' i .
<br /> ;j I
<br /> �',
<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 (hereiaafter called "primsry �
<br /> � term") and as long thereafter as either oil or gas is or can be produced from any well on eaid 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 sha.11 be paid by lessee, are (a) on oil, one-eighth of that produced and saved fzrom said land, the eame
<br /> ; to be delivered at the wells or to the credit of lessor in the pipe line to which the wells may be cannected, ar, at the option of the lessee, from ti�e ta
<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 beaT fts
<br /> � proportion of a.ny 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 /> I 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 shall be one-eighth of the amount realized from auch sales, Lessee is hereby given the
<br /> � ption 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 iP i
<br /> ! offered for sale or transfer by lessor. �
<br /> ! 4. If drilling operations are not commenced on said land on be ore q� ar fr.o m hi date this lease s ,�e ter�p�,te as to both parties, unleas
<br /> , lessee shall pay or tender t,4 les�s or or to the credit of lessor in �ta�e J7�2�� OI �a,�TO � � at�1T�� 1VeD. (which bank is '
<br /> ,j leasor's agent) the sum of�!;i�tlt ^------------------------------------------------ Llollars ($ �.�� ) I
<br /> � (hereinafter called "rental"), w ich shall extend for six months the time within which drilling operations may be commenced. Thereafter, semi-annually, in 1
<br /> flike manner, and upon like payments or tenders, the commencement of drilling operations may be further deferred for periods of aix months during the
<br /> ' prima,ry term. The payments or tenders of rental may be made by the check or draft of lessee m�,iled or delivered to gaid bank oa or before such date
<br /> i ,! of payment. Drilling operations hereunder shall be deemed to be commenced when the first material is placed on the ground. Notwithatanding any devolu-
<br /> i tion, change or division in the ownership of said land, the payments or tenders of rental in the manner herein rovided ahali be b' din
<br /> �i p xn g on the successore, �
<br /> assigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded b anotl�er bank lessee shall not
<br /> �'; be held in default for failure to make such payments or tenders until thirty days after lessor sha11 deliver to lessee an instrument�in writing duly j
<br /> `I executed and acknowledged, naming another bank as agent to receive such payments or tender�. The down cash payment is considera.tion for tYus lease �
<br /> I according to its terms and shall not be alocated as mere rental for a period. �
<br /> �! 5. If prior to the diecovery 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,
<br /> i before the next ensuing rental paying date, commences further drilling operations or commences or resumes the payment or tend�r of rentals. If after the
<br /> �! diseovery of oil or gas the production thereof should cease from aay cause, this lease shall not be terminated thereby if lessee commences additionai drilling
<br /> ; o erations within aixty da s thereafter or (if it be within the rimar term commen s or r
<br /> i, P Y P y ) ce esumes 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 /> 'I operations thereon, the lease shall remain in force so long as drilling operations are prosecuted, and, if they resuit 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 /> r' 6. Lessee shall have the free use of oil as wood coal and water fr
<br /> g om said land, except water from leasor's wells, for all operationa hereunder, and the royalty on oil '
<br /> ;� and gas sha11 ba in the net quantity after deducting any so used for operations. Lessee shall have the rfght at any time during or after the es fration o!th3s lease to r�move (
<br /> all property and fixtures placed by lessee on said land, mcludin the n ht to draw and
<br /> P
<br /> g g remove all i
<br /> \ �� cas ng. Whem required by lessor, le�aee will bury all pipe lines belo�
<br /> � ordinaiy plow depth, and no well ahall be drilled within two hundred feet of any residence or barn now on said land without ieasor's consent. Lessor ahall have the privilege, I
<br /> � �i at the risk and expense of leasor, of making connection and using gas Yrom 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 provisions hereof shall extend to the heira, personal representativea, successora
<br /> I`I and asafgns, but no sale or assignment by lessor shall operate to enlarge the obligatione or dfminish the rights and privilegea of lesaee. 8hould lesaee assigtt this lease fn '
<br /> whole or in part lessor shall look soleIy to the assignee for performance of its terms as to the parts so assigned. No sale or assfgnment.by lessor shall be binding on lessee
<br /> ! Por any purpose until lessee shall be furnished with an instrument fn writing evidencing auch sale or assignment. If lessee assigns this lease in part, the obligation i�! any �
<br /> � 1� exlsts) to pay rentals is apportioned as between the aeveral owners ratably according to the surface area of each, and default by one of them in the payment of rentalx
<br /> �j shall not affect the validity of the lease on the portion of land upon which pro rata rentals are pald or tendered. i
<br /> 8. Thia lease ahall never be forfeited, cancelled, or terminated for failure by lesaee to perform in whole or in part any oi its implied obligations, nor while oil or gas ia
<br /> �� being produced in paying quantities for any cause whatsoever, unless there shall first be a final �udicial ascertainu�ent that such obligation or cause exiats and that lessee
<br /> � �� is in default. Upon auch final determination, lessee ie hereby given a reasonable time thereafter to compiy with such obligation, or, at lessee's election, to surrend�r the
<br />, ry i� lease, with the option of reserving, under the terxns of this lease, each producIng well and ten acres surrounding it to be selected by lesaee. Lessee shall not be liable in
<br /> �, damages for breach of any implied obligation.
<br /> �! 9. If aix or more peraons be or become entitled to royalties hereunder, they shall by sufficient written instrument designate aome agent to receive payment for all, (
<br /> � and lessee sha11 not be required to make payment until such instrument is furnished. �
<br /> i 10. When drilling or other operationa are delayed or interrupted by lack oY water, labor or material, or by fire, storm, flood, war, rebellion, insurrection, riot, strike, �
<br /> � differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a result of some order, requisition or necesaity oi the government,
<br /> � � or as the result of any cause whatsoever beyond the control of the lessee, the time oY such delay or interruption sha11 not be counted'againat lessee, anything in thia lease to
<br /> �, the contrary notwithstanding.
<br /> 11. Lessor hereby warrants and agrees to defend the tftle to said land and agrees that lessee, at lessee's option (but without anq duty to do so), may pay aild discharge I
<br /> ! ariy taxes, mortgages or other liens upon said land, and in that event lessee sha11 be subrogated to such lien, with fuli right to enYoree the same, and in additfon thereto m&Y
<br /> � �� retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. If lesaor owna an interest in �aid land �esa than the entire fee simple eatate,
<br /> then the royalties and rentals to be paid lesaor shall be reduced proportionatelq. Should the right or interest oi lessee hereunder be disputed by lesaor, or any other person,
<br /> �! the time covered by the pendency of such dispute ahail not be counted againat lessee either as affecting the term of'the leaae or the time for payment oi rent�,ls or
<br /> � royalties or for any other purpose, and lessee may suspend all payments until there is a final ad�udication ot other determination oi such dispute:
<br /> i IN WITNESS WHEftEOF this instrument is executed on the date first above written.
<br /> � I Posted on Ma John T.eoons
<br /> � � � D������ T�I�A&- �A'�� � � � � (s�r.�
<br /> !' 3-14-1930 by I.E. L. .1 e ma,� Amy Coan� � ts�L�
<br /> � I �/1 �3� L�SSOft
<br /> � Attest: J.C.Ht1C�31a,1 I (S��) TEXAS PR.ODUCTION COMPANY,
<br /> j; Assistant Secretary. By A.R.�i�'8Dn Vfce President
<br /> �' I.ESBEE
<br /> �� STATE OF NEBRASKA, )
<br /> ss.
<br /> �� County of Ha,].]. � i
<br /> � On thfs ],4 day of Feb. , 19 ?j�, before me, a Notary Public, in and for said County, persona.11y came the above named I
<br /> � John T.("i00IIB and Amy Coons , 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 they each acknowledged said instrument to be their voluntary act and deed.
<br /> �' Witness my hand and Notarial Seal the date last aforesaid. �SEAL� G. G.R�,ven
<br />' �I Notary Public.
<br /> �' My commission expires on the 27 day of July � �97,�.
<br /> �! STATE OF COLORADO, .
<br /> �' � sa.
<br /> i City and County of Denver,
<br /> � On this j.9 da of Mar ch 0 �, � i
<br /> � y � �J3C Hudna2l�&Notary Public, fn and r said County, personally came the above na,med �
<br /> ( 1�.R.�1�.SOI3 , Vice President and • • Assistant Secretary o� said Texas Production Compa.ny, who
<br /> are personally known to me to be the identical persons whose names are affixed to the above instrument as Vice President and-Assistaat Secretary of saiQ
<br /> corporation, and they acknowledged the instrument to be their voluntary act and deed and the volunta,ry act and deed of said eorporation.
<br /> Witness my hand and Notarial Seal the date last a,foresaid. ��EAL� JOh21 1',�ITVStrom �
<br /> �I ��otary Pubiic,
<br />` M commfssion ex ires an the �'0_ day of October xa3
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