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<br /> STATE OF NEBRASIZA,�
<br /> From Hall Count�, ss.
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<br /> I I hereby certify that this instrumerat was zled for record in mf office
<br /> � Charles Wickham,single . at � o�c�oc�� AN �t., April 2� 19 30 , an.� is ' �
<br /> duly recorded in book Q page 36 .
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<br /> �r���-� �����- Reqiste�• of Deeds I
<br /> f BJ
<br /> I T� �
<br /> ; Texas Production Company Deputy.
<br /> �� �, �� Y Fees,� 2.65
<br /> �' Leae . . N- 1 eaEN .N-5
<br /> E r �� n B�o� � g
<br /> �I a o
<br /> O L AND GA�� 1�1INING LE E
<br /> N( � 3��� �93� By J.T.N. 1 .t�.►5 . j���1� �93$� 8y J.'� N.
<br /> ��' An Agreement, entered into this 20 day of Febr�aary , 19 7j� , between
<br /> ���
<br /> ; Charles Nfickham, a single man
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<br /> lessor (whether one or more), und TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, leasee.
<br /> � 1. Lessor, in consideration of the Sum of Twenty. nonars ($ 20•�� ), in hand paid, of the royalties herein provfded
<br /> i and tlte agreements of lessee herein contained, hereby grants, leases and Iets exclusively unto lessee, for the purpose of testing by any method for formatians
<br /> a I and prospecting and driliing for and producing ail 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, take care of, treat and transport said products, the following described
<br /> � land in Ha,ll County, State of Nebraslia, to-wit:
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<br /> � �� North Half South V�est Quarter; 3outh Half North V�est Quarter and North East Quarter North
<br /> � West Quarter Section 9even To�vnship �leven North Ra.nge Eleven West and conta�ning 200 acr s
<br /> � more or less.
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<br /> ; 2. Subject to the other provisions herein contained, this lease shall remafn fn force for a term o$tett years from thfs date (hereinafter calted "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 th�s lease
<br /> Iin whole or in part. �
<br /> ( 3. The royalties reserved by lesaor, and wSich shall be paid by 2essee, are (aj on oil, one-eighth of that produced and saved frnm said land, the same �
<br /> I to be delivered at the �vells or to the credit of lessor in the pipe line to which the wells may be connected, or, at the option af the lesaee, 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 tax►ks, lessor's interest in eithelr case to bear it� j
<br /> j proportion of any expense of treating unmerchantable oiZ to render it merchantable as crude, and (b) on gas produced from said land and sold or used off j
<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 lesaor at the best bona fide price offered by responsible third parties when and ff
<br /> i offered for sale or transfer by lessor.
<br /> 4. If drilling operations are not commenced on said land o�} or efo on ear fr th ia date, this lease sh�,}it�h en te�►�a,te as to both parties, unless
<br /> � lessee shall pay or tender to lesaor to the credit of lessor in�t8.�e �an�of �`a1T4 �is at v�.lr� �P1Gp. (which bank is
<br /> � lessor's agent) the-sum of ---�en-------------------------^_.�.�—__------_____--_ Dollara (;10.0� )
<br /> � (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, semi-annually, fn
<br /> i� like manner, and upon like payments or tettders, the commencement of drilling operations may be further deferred for periods of six mpnths during the
<br /> i; primary term. The payments or tenders of rental may be made by the check or draft of lessee mailed or delivered to said bank on or before such date
<br /> � of payment. Drilling operations hereunder shall be.deemed to be commenced when the first ma.terial is placed on the ground. Notwithstanding any devolu-
<br /> '� Lion chan e or division in the ownershi of sa.id land the a ment r
<br /> ; , g a o t e n d e r s o f r e n a l i n t h m a n n r
<br /> , A , Y t e e herein rovided sha11 e bindin
<br /> P p b g on the succesaora,
<br /> �� assigns or legal representatives of lessor. If such bank (or any succesaor bank) should fail, liquidate or be succeeded by �.nother bank, lesaee shall not
<br /> i; be held in default for failure to make such payxnents or tenders until thirty days after lessor sha11 deliver to lessee an instrument in writing duly
<br /> N executed and acknowledged, naming another bank as agent to receive such payments or tenders. The down cash payment is consideration for thia lease
<br /> �i 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 leasee should drill a dry hole or holes thereon,this lease shall not be terminated thereby if lessee,
<br /> �i before the nest ensuing rental paying date, commencea further drilling operations or commences or resumes the payment or tender of rentala. If after the
<br /> �� discovery oP oil or gas the production thereof should cease from any cause, this lease shall not be terminated thereby if lessee commences additional drilling
<br /> o erations within sixt da s thereafter or if it be wi ' he ri r
<br /> p y y ( thm t p ma y term) commences or resumes the a ent or tender of rentals before the
<br /> P Ym ne$t
<br /> (� ensuing rental paying date. Tf at tlae 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 driliing operatf ons are prosecuted, and, if they reault 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 /> ' 6. Lessee shall have the free use of oil, gas, wood, coal and water from said land, except water from leasor's wells, for all operations heTeunder, and the royalty on oil
<br /> � and gas sha11 be in the net quantity after deducting any so used for operations. Lesaee shall have the right at any time during or aiter 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 requfred by lessor, lesaee will bury all pipe line� below
<br /> ordinary plow depth, and no well ahall be drilled within two hundred feet of any residence or barn now on said land Without lessor's coriaent. Lesaor shail have �he privilege.
<br /> I "� at the risk and expense of lessor, oi making connection and uaing gas from any gas well on said land for stoves and inside lights fn the principal dweliing on sa3d land out
<br /> � �i of any aurplus 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 heirs, personal representatives, successors
<br /> � � and assigns, but no sale or assignment by lessor ahall operate to enlarge the obligationa Or diminish the rights and privileges pf lessee. Should lesaee assign this lease in
<br /> whole or in part lessor shali look solely to the assignee for performance oP its terms a.s to the parts so assigned. No sale o�assignment by leasor shail be binding on lesaee
<br /> �j for any purpose until lessee shall be furnished with an instrument in writing evidencing such sale or assignment. IE lessee assigns this lease in patk, the obligation (if any
<br /> !' exists) to pay rentals is apportioned as between the several owners ratably according to the surface area of each, and default by one of them in the payment of rentals
<br />, sha11 not aifect the validity o# the lease on the portion of land upon which pro rata rentale are paid or tendered.
<br /> 8. This lease sha11 never be forfeited, cancelied, or terminated for failure by lessee to perform in whole oT in p2,rt any of its implfed obiigafions, nor while oil or gaa is
<br /> � ' being produced in paying quantities foi anY cause whatsoever, unless there shall first be a final judiciai ascertafnment that such obligation or cause exists and that lessee
<br /> is in default. Upon such final deterxnination, lesaee is hereby given a reasonable time thereafter to comply with such obligation, or, at lessee's election, to surrender the
<br /> �t tease, with the option of reserving, under the terms of this lease, each producing well and ten acres surrounding it to be selected by lossee. Lessee sha11 not be Iiable in -
<br /> � � damages for breach of any implied obligation.
<br /> j 9. If six or more persona be or become entitied to royalties hereunder the 1
<br /> shal b sufficient ritten in
<br /> I Y w strument desi ate
<br /> �i and lessee shall not be required to make y B� some agent to receive payment for all,
<br /> N � payment until such instrument is furniahed.
<br /> 10. When drilling or other operations are delaYed or interrupted by lack of water, labor or materfal, pr by fire, storm, flood, war, rebeilion, insurrection, riot, atrike,
<br /> �i differences with workmen, or failure of carriers to traneport or furnish facilities for transportation or as a reault of some order, requiaition or necessity of the government,
<br /> � or as the result of any cause whatsoever beyond the control of the lessee, the time of such delay or interruption shail not be counted against lessee, anything ia thia lease to
<br /> the contrary notwithstanding.
<br /> �i il. Lessor 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 /> ((�^��ccc��� ?j ariy taxes, mortgages or other liens upon said land, attd in that event lessee shall be aubrogated to auch �ien, wfth iull right to enforce the same, and !n addition thereto may
<br /> � ! retain for the satisfaction of such lien and intereat all royaities or rentals accruing hereunder. If lessor owns an intereat in atsid land leas than the entire fee simple estate,
<br /> i then the royalties and rentals to be paid leasor shall be reduced proportionately. Shouid the right or interest oE lesaee hereunder be disputed by lessor, or any other peraon,
<br /> � the time covered by the pendency of auch dispute ahall not be counted againat lessee either as affecting the term of the lease or the time for payment of rentals or
<br /> I royaltiea or for atty other purpose, and lessee may suapend all payments until there ie a final adjudication or other deterxnination of such dispute.
<br /> �� IN WITNESS WHEREOF this instrument fs executed on he a e itten. �
<br /> �; Posted on Map D��������������A� . Charles SNickham � �s�L�
<br /> !; 3-10-1930 By I.E.L. F` F ernan -
<br /> �j/1���� �SEAL)
<br /> L�SSOft !,
<br /> �3 ' CO�RL TEXAS PRODUCTION COMPANY,
<br />, �` ,� Attest: .
<br /> ��� j J.C.Hudnall �s By A..R.�►i lson
<br /> �, Assistant Secretary.
<br /> ,; Vice President
<br /> LESSEE
<br /> jl STATE OF NEBRASKA, � ��
<br /> `� County of Ha.l.�. ss'
<br /> 4� On this �� day of Feb� � i930 , 'bepore me, a Nota Y'ublic in and for saic�Count
<br /> x'3' , y, persona,lly ca,me the above named
<br />� i Charles V�iekham and Single Y11a.T1 ,�kfa�vff'r,who are personally known to me to be the identical
<br /> �� persons whose names are affixed to the above instrument as leasora, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> i Witneas my hand and Notarial Seal the date last aforesaid. (SEAL) G.(ri.Ra,ven
<br /> � PTotary Public.
<br /> My comxnission expires on the 27 day of July 18 3� .
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<br /> i STATE OF COLORADO,
<br /> I City and County of Denver, �' ss.
<br /> � On this �.9 da of �arch � • !
<br /> i y , 19 3 , before me a Notary Public, in and for said County,personally came the above named ',
<br /> �1.:�.�1�.60I1 , Vice President and J.C'.HuC�.Tlali Assistant Secretary of said Texas Produetion Gbmgany, who
<br /> i 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 /> ; corpoxation, and they acknowledged the instrument to be their voluntary act and deed and the voluntary act and deed of said corporation.
<br /> W�tness my hand and Notarial Seal the date last aforesaid.
<br /> (SEAL) John T.Nystrom
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<br /> � M commission e ires on the 3� day of 0 e t ob e,r �g Na� Pubiic.
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