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��� �j 1j�1�r_�r_ �� J � j�J� J �'� � �� ��
<br /> LU C�J�L��� `���VJ���� ��.�I���� '`'
<br /> STATE OF NEBRAS�A,�
<br /> From �s•
<br /> _ Hall Coicnt�,
<br /> I hereby certif� that this instruryney��t uas filed for record�in my office �
<br /> Charles H.Remptar ,et als at � o'c�oelc A. �., ApI. 26, 1930 , and is
<br /> duly recorded in book E�Qa page 33 .
<br /> r���� ���.�-� Register of Deeds
<br /> To B✓ � •
<br /> Texas Production Company Deputy. �
<br /> THE TEXAS CzO�'ANY ' I+'ees,� 2.�5
<br /> ea e oo ���o� QjL AND GAS MINING LEASE ea e1x .x-5�o
<br /> �f������j� �y . .N. �� aI 8° X J.T.AT. �
<br /> � � ��19 between �
<br /> An Agreement, entered into this 19 day of j�'�b. + �V '
<br /> Chaxles H.Ke��tar nd Elpha M.K�mptar;� E.E�gemptar a.nd- Es�Gher Remptar,His i�ife and Frank J. �
<br /> Kemptar and Hazel �emptar,His wife,
<br /> lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> 1. Lesaor, in consideration of the sum orFifty-four pollars ($ 'rj�•�� ), in hand paid, of the royalties herein provided
<br /> and the agreements of lessee herein contained, hereby grants, leases and lets esclusively 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 lines �
<br /> and other atructures (including houses for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following described �
<br /> land in H31I County, State of Nebraska, to-wit: \
<br /> North Half and South East Quarter and North Sixty Acres of South West Quarter Section 8evente
<br /> Township Twelve Nor�h Range Twelve West and containing 5�+0 acres more or less.
<br /> 2. Subject to the other provisiona herein contained, this lease shall remain in force for a term of ten years from thfs date (hereinafter called "primars► i
<br /> term") and as long thereafter ae 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 (s) on oil, one-eighth of that produced and saved from said land, the same I �
<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 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, leasor's intereat in either case to bear its
<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 casinghead gas, the market price at the well of one-eighth of the gas so sold or used, provided that
<br /> if a,nd when lessee shall seli gas at the wells leasor'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 royal.ty rights from the lessor at the best bona fide price offered by responsible thfrd parties when and if
<br /> offered for sale or transfer by lessor. � l
<br /> 4. If driiling operations are not commenced on said land on qr befor one year fro this date, this lease shail then terminate as to both parties, unleas (
<br /> lessee shall pay or tender to lessor or to the credit of lessor in$Tate �Bank Of G�airo �n� at Cairo , Neb. (which bank is
<br /> lessor's agent) the sum of "�'4�eTity s even Dollars ($ 27.QQ )
<br /> (hereinafter called "rental"), which shail extend for six months the time within which drilling operations may be commenced. Therea.fter, semi-annually, in
<br /> like 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 mailed ur delivered to said bank on or before auch 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 payments or tendera of rental in the manner herein provided shall be binding on the successors,
<br /> assigns or legal representatives of lessor. If euch bank (or a,ny successor ba,nk) should fail, liquidate or be succeeded by another bank, lessee ahall not
<br /> be held in default for failure to make such payments or tenders until tYurty 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 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 ahould drill a dry hole or holes thereon,this lease shall not be terminated thereby if leasee,
<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 should 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 /> ensuing rental paying date. If at the expiration of the primary term oil or gas is not being produced on said land but leasee is then engaged in drilling �\
<br /> operations thereon, the lease shail remain in force so long as driliing operations are prosecuted, and, if they result in the production of oil or gas, so long U
<br /> thereafter as oil or gas ia or can be produced from any well on said land.
<br /> 6. Lessee shall have the free uae of oil, gas, wood, coal and water from said land, except water from lessor's wells, for ali operations hereunder, and the royalty on oil
<br /> and gas sha11 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 remove �
<br /> all property and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by lessor, lessee will bury a11 pipe linea below
<br /> ordinary,plow depth, and no well aha11 be drilled within two hundred feet o4 any residence or barn now on said land without lessor's consent. Lessor ahall have the privilege, �
<br /> at the risk and expense oP lessor, of making connection and using gas from any gas well on said land for atoves and inside lfghts in the principal dwelling on said land out �
<br /> of any surplus gas not needed for operations hereunder. �
<br /> 7. The righta of either party under this lease may be asaigned in whole or in part and the provisions hereoP shall extend to the heirs, personal representatives, auccesaors
<br /> and assigns, but no sale or assignment by lessor ahail operate to enlarge the obligations or diminish the rights and privileges of lessee. Should lessee asaign this lease in _
<br /> whole or in part lessor sha11 look solely to the assignee for performance of its terms as to the parts so assigned. No sale or assignment by lessor shall be binding on lesaee
<br /> for any purpose until lessee shall be furniehed with an instrument in writing evidencing such sale or assignment. If lessee asaigns this lease in part, the obligation (if any
<br /> exists) to pay rentals is apportioned as between the eeveral owners ratably according to the surface area of each, and default by one of them in the payment o! rentals
<br /> ahall not affect the valfdity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> 8. Thia lease shall never be forfeited, cancelled, or terminated for Pailure by lessee to perform in whole or in part any oP its implied.obligations, nor while oil or gas ia
<br /> being produced in paying quantities for any cause whatsoever, unless there ahall first be a final judicial secertainment that auch obligation or cause exiata and that leasee
<br /> is in default. Upon such final determination, leasee fa hereby given a reasonable time thereafter to comply with such obligation, or, at lessee's election, to surrender the
<br /> lease, with the option of reserving, under the terms oY this lease, each producing weil and ten acrea surrounding it to be selected by lessee. Leasee ahall not be lfable in
<br /> damages for breach of any implied obligation.
<br /> 9. If six or more persone be or become entitled to royalties hereunder, they ahall by sufficient wrftten instrument designate aome agent to receive payment Por all,
<br /> and leasee shall not be required to make payment until such inatrument is furnished.
<br /> 10. When drilling or other operatione are delayed or interrupted by lack of water, labor or materiai, or by fire, storm, flood, war, rebellion, insurrection, riot, atrike,
<br /> differences with workmen, or failure of carriera to tranaport or furnish facilities for transportation or as a result of some order, requisition or neceasity of the gOVC1'nment,
<br /> or as the result of any cause whataoever beyond the Control of the lessee, the time oE such delay or interruption shall not be counted againat lessee, anything in thia lease to
<br /> the contrary notwithstanding.
<br /> il. Leasor hereby warrants and agrees to dePend the title to said land and agrees that lessee, at lessee's option (but without anY duty to do so), may pay and discharge
<br /> ariy taxea, mortgages or other liens upon said land, and fn that event lessee shall be subrogated to such 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 leseor owna an interest in said land leas than the entire fee aimple eatate,
<br /> then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest of lessee hereunder be diaputed by leasor, or any other pereon,
<br /> the time covered by the pendency of such dispute ahail not be counted against lesaee either as afEecting the term of the lease or the time for payment oi Tentals or
<br /> royaltiea or foT any other purpose, and lessee may suspend all payxnente until there is a final adjudication or other determination of auch dispute. `
<br /> IN WITNESS WHEREOF this instrument is execute n date firat above written. ' Charles H.Kempt.ar � �
<br /> A p ED � Kem tar E1 ha M.Kemptar �5��
<br /> P�sted on �dap DE ��I�TIO B��ATA �s��er �emptar r�nk .ge tar �sr�)
<br /> �10-1 0 b I.E.L. eman �
<br /> 3 93 Y �azel �em �`�r
<br /> S � P
<br /> 1��1 � zz�ssoR
<br /> �
<br /> Attest: � CORP TEXAS PRODUCTION COMPANY,
<br /> Hudnall EAL By A.R.�li lson
<br /> • Vice President
<br /> J�� Assistant�Secreta .
<br /> �ss�
<br /> STATE OF NEBRASKA,
<br /> � ss.
<br /> County of �a.�.l I
<br /> thi g g g b g, Q .b ore e a ota�y Pu lic, in and for�said County, personally came the above named I
<br /> har �S �. � Ta. I�1C� 1 h , , t8, � 1 11�1 2� 1'� Yl �J . rsonall known to me to be the identical
<br /> e p,r z@ �e �ar �ii� ����� �� � �em �ar � �s�her
<br /> 3i��e, who are pe y
<br /> �l � . .
<br /> � �P p �
<br /> �e �&r ��� ��I e 1 ed said instrument to be their voluntary act and deed.
<br /> efsons w�iose names are affixed to the above instrument as lessors, and they each acknow edg
<br /> p
<br /> Witness my-hand and Notar� Seal the date laet aforesaid. �SEAL) G.C.Ra'�T�ry
<br /> Public.
<br /> My commission expires on the � 2� day of Ju�.y , 19 /`t' .
<br /> STATE OF COLORADO,
<br /> � ss. I
<br /> City and County of Denver,
<br /> px�this 19_ day of Mareh , 19 7j before me, a Notary Pubiic, in and for sa�id County,personally came the above named
<br /> A,R.�1�60A , Vice President and J•�+•�UC�Tla'�-�- 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 Assietant 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 � 0 8���.
<br /> M commission e ires on the fl da of OCtObG'T 19
<br />
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