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<br /> ��►���������1J���J� ������ �
<br /> STATE OF NEBRASSA,�
<br /> From Hall County, S�'
<br /> �
<br /> I hereby certif� that this instrumer��t uas filed for record in my office
<br /> �Pilliam H.Lindsay and wife - at � o�ctoc�� A. a�T., April 26, 1s30 , and is
<br /> duly recorded in book ��Q�� page 37 .
<br /> �����,� Register of Deeds � '
<br /> To B� �J
<br /> Texas Production Company Deputy.
<br /> - THE TEXAS COMPANY " I'ees,� 2•65 .
<br /> �ea � � •n'�o4� OIL AND GAS MINING LEASE A KA ease xo. N 5� N
<br /> Rqntal Book �
<br /> 3��� ���5 sy �.T.N. . 3/3 1930 ByJ.T.N.
<br /> An Agreement, entered into this 20 day of February , 18 �0 , between �
<br /> William H.Lindsay and Nora B.Lindsay,His Wi�e
<br /> lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the lawa of Colorado, lessee.
<br /> 1. Lessor, in consideration of the sum of 8ixteen Dollars ($ �.6•�� ), in hand paid, of the royalties herein provided �
<br /> and the agreemente of lessee herein conta,ined, hereby grants, leases and lets exclusively unto lessee, for the purpose of testing by any method for forma.tions �
<br /> and ros ecting and-drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powers, stations, telephone lines Cu
<br /> p p ll ' described
<br /> an d o t her s truc turea (inc lu ding houses fo r e m p l o y e e s) t h e r e o n, t o p r o d u c e, s a v e, t a k e c a r e o f, t r e a t a n d t r a n s p o r t s a i d p r o d u c t s, t h e f o o w u i g
<br /> land in Ha.J.�.. County, State of Nebraska, to-wit: -
<br /> Eleven
<br /> North East Quarter Section Eight Township Eleven,North RangeA �est and containin� 160
<br /> acres more or less.
<br /> 2. Subject to the other provisions herein contained, this lease shall remain in force for a term of ten years from thfs date (hereinafter calied "primaty
<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 lease
<br /> in whole or in part.
<br /> 3. The royalties reserved by lessor, and which sha11 be paid by leasee, are (a) on oil, one-eighth of that produced and saved from said land, the same
<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 at the wells of such one-eighth on the day it is run to the pipe line or storage tanks, leasor's interest 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 la,nd 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 such sales. Leasee 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 if
<br /> offered for sale or tra,nsfer by lessor.
<br /> 4. If drilling operations are not commenced on said land on before Qney�ar from thi$ date, this lease shail then terminate as to both parties, unleas
<br /> lessee�shall pay or tender to l�g�or,�o�t_the crredit of lesso.r i__�'t8.t8 ti811K_Of_Ci8.1T O___��._At_Cairo,Neb . (which bank ie
<br /> lessor s agent) the sum of Z� g Dollars (� �� )
<br /> (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, semi-annually, in
<br /> like manner, and upon like payments or tenders, the commencement of drilling operafcions may be further deferred for periods of sis months during the
<br /> primary term. The payments or tenders of rental may be made by the check or draft of lessee m�iled or 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 tenders of rental in the manner herein provided ahall be binding on the successora, `
<br /> assigns or legal representatives of lessor. If such bank (or a.ny successor ba.nk) should fa.il, liquidate or be succeeded 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 deliver to lessee an instrument in writing duly
<br /> executed and acknowledged, naming another bank as agent to receive auch 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 shall not be terminated thereby if lessee, (�
<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 �1
<br /> diecovery 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) coznmences or resumes the payment or tender of rentais before the next
<br /> ensuing rental paying date. If at the expiration of the primary term oil or ga,s is not being produced on said land but leasee 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 oii or gas, ao long �
<br /> thereafter as oil or gas is or can be produced from any well on said land.
<br /> 6. Leasee aha11 have the free uae of oil, gas, wood, coal and water from said land, except water from lessor's wells, for all operations hereunder, and the royalty on oA �
<br /> and gas shall be fn the net quantity after deducting any so used for operatione. Leasee shall have the right at any time during or after the expiration of this lease to remove
<br /> all property and fixtures placed by lessee on said land, including the right to draw and remove a11 casing. When required by lessor, lessee wiil bury all pipe linea below �
<br /> ordinary plow depth, and no well ahali be drilled within two hung gas f om any gasl weil on sa d land for st ves and inside lights in the princ pal dwel ing on saShcandeout
<br /> at the risk and expense of lessor, of making connection and usin ,
<br /> of any surplus gas not needed for operations hereunder.
<br /> 7. The rights of either party under thie lease may be assigned in whole or in part and the provisions hereof ahall extend to the heirs, personal representativea, auccessors
<br /> and assigns, but no sale or assignment by lesaor shall operate to enlarge the obligations or diminish the rights and privileges of lessee. Should lesaee assign this lease ia
<br /> whole or in part lessor shall look solely to the assignee for perforxnance of its terms as to the parts so assigned. No sale or assignment by lesaor sha11 be binding on lessee
<br /> for any purpose until iessee shali be furnished with an instrument in writing evidencing such sale or assignment. If lessee assigns this lease in part, the obligation (i! any
<br /> exists) to pay rentals is apportioned as between the several owners ratably according to the aurface area of each, and default by one of them in the payment of rentais
<br /> shall not affect the validity of the lease on the portion of land upon which pro rata rentals aare paid or tendered.
<br /> S. This lease ahall never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any oY its implfed,obligatione, nor while oil or gas ie
<br /> being produced in paying quantities for any cause whatsoever, unless there ahall first be a final judicial ascertainment that such obligation or cause exists and that lesaep
<br /> is in default. Upon auch final determination, leasee is hereby given a reasonable time thereafter to comply with such obligation, or, at lessee's election, to aurrender the
<br /> lease, with the option of reserving, under the terxns of this lease, each producing well and ten acres aurrounding 3t to be selected by lessee. Lessee aha11 not be liable ia l
<br /> damagea for breach of anY implied obligation.
<br /> 9. If six or more persons be or become entitled to royalties hereunder, they shali by sufficient written instrument designate aome agent to rece3ve payment for all,
<br /> and lessee shall not be requfred to make payment until such instrument is turnished. �
<br /> S0. When drilling or other operationa are delayed or interrupted by lack of water, labor or material, or by fire, atorm, flood, war, rebeilion, inaurrectlon, riot, atrike, �
<br /> differences with workmen, or failure of carriers to transport or furnish facilities for transportat9on or as a result of some order, requisition or neCessity OE the goVeTnm@IIt, �
<br /> or as the result of any cause whataoever beyond the control oY the lessee, the time oE such delay or interruption shall not be counted against lessee, anything in this lease to �
<br /> the contrary notwithstanding.
<br /> 11. Lessor hereby warrants and agrees to defend the title to said land and agrees that lessee, at lessee's option (but without any duty to do ao), may pay and diachaxge
<br /> ariy taxes, mortgagea or other liens upon said land, and in that event lessee shall be subrogated to auch 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 lessor owns an interest in said land less than the entire fee aimple estate,
<br /> then the royalties and rentals to be paid lessor shall be reduced proportionately. Shouid the right or interest of lessee hereunder be diaputed by lesaor, or any other peraon,
<br /> the time covered by the pendency oY such dispute ahall not be counted against lessee either as affecting the term of the lease or the time ior payment of rentals or
<br /> royaltiea or for any other purpoae, and lesaee may suspend all paymenta until there is a final adjudication or other determination o! such dispute. !
<br /> �� ITNES WHEREOF this instrument is executed on the date first above written. I'
<br /> 3��0-�9�jn �yP D�5 � � Ns&�DATA Willia.m H.Lindsay csr+�w)
<br /> 0 b I.E.L. �.
<br /> _ � ����an _ Nc�r�, B.Lindsay
<br /> L�ssox
<br /> Attest: ' CO�p TEXAS PRODUCTION COMPANY,
<br /> J,C.Hudnall �3EAL By B.R.�ilson
<br /> Assistant Secretary. Vice Preaident
<br /> r�ss�
<br /> STATE OF NEBRASKA, }t`�
<br /> County of HB.�.�. �
<br /> On this 26 aay of February , i9 30 , before me, a Notary Public, in and for said County, personally came the above named
<br /> William H.Lindsap and Nora B.Lindeay , his wife,who are personally known to me to be the identical
<br /> persons whose names are aff'v�ed to the above instrument as lessora, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> Witness my hand and Notarial Seal the date last aforesaid. �.P+.8orensen
<br /> (SEA L) Notary Public.
<br /> My commission expires on the 2� day of �Lt],3T , 19 7j1. -
<br /> STATE OF COLORADO,
<br /> � ss.
<br /> City and County of Denver,
<br /> this 19 day of March , 19 0 , before me, a Notary Public, in and for said County, personally came the above named
<br /> A.�.�1�.60Y1 Vice President and J.C+.�uC�Ylall Asaistant Secretary of said Texas Production Company, who '
<br /> are personally known to me to be the idenitical persons whose names are affixed to the above instrument as Vice Preaident and Assistant 8ecretary of ssfd I
<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. } John T.�J TO
<br /> (sEAL yi�o�ary�uuuc. ;
<br /> M commission e irea on the � da oi 0 c t ob e r , 18 '
<br /> I
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