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<br />____.�__._ __STATE-JQVHIVAt�CO'NfP .. . OL70;.fV _.._.......___ .. .
<br /> STATE OF NEBRASSA,�
<br /> From gaaa county, ss.
<br /> �: A.C.Wilson,widower I hereby certify that this instrumer��t ua filed for record in my of fZCe
<br /> �I , at � o'cl,ncic A• D1., Apri1 2� . 19 3� , and �s
<br /> i� duly recorded in book �i Q� page 3� . �
<br /> I,
<br /> ' � I
<br /> !� ,u�L��.u_e��-;�, Register of Deeds
<br /> ( g� O
<br /> I To
<br /> i;
<br /> ; Texas Production Company Deputy,
<br /> ;; �'ees �2.95 _
<br /> �
<br /> T E TE � '
<br /> ��� Eepa�r�.tion Boo QIL AND GAS MINING LEAS ntal ook ' ' �
<br /> ;� 3�1�1��.0 By J.T.N. 31�3 193o sy J.T 1�.
<br /> I i� An Agreement, entered into this 21, day of February , 19 3Q , between
<br /> ; �.�.Wilson, a a�idower
<br /> z
<br /> N!' lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized1,under the laws of Colorado, lesaee.
<br /> ��' 1, Lessor, in consideration of the sum of �'9P8Ii� —�OUT Dollars ($ 2`fi.0�
<br /> � ; y ), in hand paid, of �Che royalties herein provided
<br /> `�� and the agreementa of lessee herein contained, hereby grants, leases and lets exclusively unto lessee, for the purpoae of testing by any method fox forma.tiona
<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 />, � and other structurea (including housea for employees) thereon, to produce, save, take care of, treat and transport said products, the following described i
<br /> land in H�.1 Count , State of IVebraska, to-wit:
<br /> � Y
<br /> (� �; �outh Half of North West Quarter 3ection Twenty one ; East Fialf of I�orth East Quarter j
<br /> �r! section Twenty; South Half of North East Quarter Section Thirtq one Township Eleven North i
<br /> `� Ran�e Twelve �es� containing 240 acres more or less. � I
<br /> ' l ,
<br /> . ' I
<br /> ,� �
<br /> �;
<br /> ' 2. Subject to the other provisions herein contained, this lease ahall remain fn foice for a term of ten years from this date (hereinafter called "primar�►
<br /> ' term") and as long thereafter as either oil or gae is or can be produced from any well on safd land; hpwever, lesaee at any time may release thL9 lease
<br /> in whole or in part.
<br /> • 3. The royalties reserved by lesaor, and which shall be paid by lessee, are (a) on oil, one-eighth of that produced and saved from said land, the same
<br /> �; to be delivered at the vvells 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 tiime to
<br /> �i time, the market price at the wells of such one-eighth on the day it is run to the pipe line or storage ta,nks, lessor's intereat in either c�se to bear iLs
<br /> f; 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 8.nd when lessee shall sell gas at the wells lessor's royalty thereon shall be one-eighth of the amount realized from such sales. Lessee is hereby gipen the
<br /> i 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 transfer by lessor.
<br /> � 4. If drilling operations are not commenced on said land on or before on ye r fro t1�is ate, this lease sh tk}en ter�,�a e as to both parties, unless
<br /> � lessee shall pay or tender to essor or to the credit of lessor in St3'�G' �8,1a� O� C8,�T0 �a�at �8.1T0� 1V('�. (which bank is
<br /> � lessor's agent) the sum of �W@�.V@ ----�--�--�----�------��-------�---------------- Doliaxs (� �.2•�0 )
<br /> j (hereinafter called "rentaP'), 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 operaicions may be further deferred for periods of six 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 betore such date
<br />' �i of payment. Drilling operations hereunder shall be deemed to be commenced when the first ma.terial is placed on the ground. Notwithstanding auy devolu-
<br />� ij tion, change or division in the ownership of said land, the payments or tenders of rental in the manner herein provided shall be binding on the successo;s,
<br /> I; assigns or legal representatives of lessor. If such bank (or any successor bank) shouId faii, Iiquidate or be suceeeded by another bank, 2ess�e sha11 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 /> i executed and acknowledged, naming another bank as agent to receive auch payments or tenders. The down cash payment is consideration Por this lease
<br /> i according to its terms and shall not be alocated as mere rental for a period.
<br /> � I; 5. If prior to the discovery of oil or g�„s on said land lessee should driil a dry hole or holes thereon, this lease shall nqt 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
<br /> �' discovery of oil or gas the production thereof should cease from any cause, this lease shall not be terminated thereby if lessee commencses additional drilling
<br /> (I 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 lessee is then engaged in drilling
<br /> j operations thereon, the lease shall remain in force so long as drilling operationa 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 /> � I� 6. Lessee shall have the free use oP oll, gas, wood, coal and water from said land, exeept water from lessor's wells, for all opetationa hereuttder; and the royalty on oil
<br /> and gas aha11 be in the net quantity after deducting any so used for operations. Lessee ahall hane the right at any time during or a,fter the expiration oi thia leas to �"emove
<br /> all �roperty and fixtures placed by lessee on said land, including the right to draw and remove a11 casing. 'When required by lessor, leasee will bury all pipe �nea beloW, t
<br /> � ordinary plow depth, and no well shall be drilled within two hundred feet oP any residence or barn now on said land without les�aor's consent. Lessor aha11 have the privilege,
<br /> h iat the risk and expense oP lessor, of making connection and using gas from any gas weli on said land for stoves and inside lighta in the principal dwelling on �,ta i�a out
<br /> of any aurplus gas not needed for operations hereunder.
<br />, ' 7. The righte of either party under this lease may be assigned in whole or in part and the pronisiona hereof ahall extend io the heirs, peraonal representatives, successors
<br /> jand assigns, but no sale or assignment by lessor shall operate to enlarge the obtig$tions or dimfnish the rfghts and privileges ot leamee. Should leases assigtt thi9 lease in
<br /> whole or in part lessor shall look solely to the assignee for perforxnance of ita terms as to the parts so assfgned. No sale or asaignment by iea�or ahail be b�nding on lessee
<br /> �� for any purpose until lessee shall be furniyhed with an instruxnent in writing evidencing such sale or assignment. If lesaee assigns this lease in part, Lhe obligation (ii any
<br /> � exiata) to pay rentals is appoi�tioned as between the several owners ratably according to the aurface area of eaeh, and default by one oi them in the payment o1 Tentals
<br />; ahall not affect the validity of the lease on the portion of land upon which pro rata rentals are paid oF tendered.
<br /> 8. This lease ahali never be forfeited, cancelied, or terminated for failure by lessee t0 perform Yn whole or in part any of its implied obligations, nor while oil or gas is
<br />! being produced in paying quantities for any cause whatsoever, unless there shatl first bcs a 2ina1 �udieial ascertainment that auch obligation or cauae existks and j�at lessee
<br />� � is in default. Upon auch Yinal determination, lessee is hereby given a reasonable time thereaPter to comply with auch obligati0n, ar, at le8see'a election, to su�t�ender the
<br /> � � lease, with the option of reserving, under the terms of this lease, each producing weil and ten acres surrounding it to be aelected-by lesaee. Leasee sha,ll not be liable in
<br /> damages for breach of any implied obligation.
<br /> � 9. If six or more persona be or become entitled to royaltfes hereunder, they ahali by sufficient written instrument deaignate some agent to receive payment Sor all,
<br /> and lesaee sha11 not be required fo make payment untiI such instrument is furnfshed.
<br /> 10. When drflling or other operations are delayed or interrupted by lack oi water, labor or material, or by fire, atorm, flood, war, rebellion, inaurrection, riot, atrike,
<br />, differences with workmen, or failure of carriers to transport or furniah facilities for transportation or as a result of some ordeT, requisltion or neces�ity of the government,
<br /> or as the result of any cause whatsoever beyond the control of the lessee, the time of such delay or fnterruption ahall not be eounted against lessee, anything in this lease fo
<br /> i the contrary notwithstanding.
<br />' (� � 11. Leasor hereby warrants and agrees to defend the title to said land and agrees that lessee, at lessee's option (but without any dutq to do so), may pay and discharge
<br /> v ariy taxea, mortgagea or other liens upon said land, and in that event lessee shail be subrogated to euch lien, with full right to enforce the same, and fn addition thereto may
<br /> retain for the satisfaction of such lien and intereat all royalties or rentals accruing hereunder. Ii lessor owns an interest in said land les$ than the entire iee aimple eat�te,
<br /> then the royalties and rentals to be paid lessor shall be reduced proportiopately. Should the right or interest of lessee hereunder be diaputed by leseor, or any other person,
<br /> the time covered by the pendency of auch dispute sha11 not be counted againsb leasee either as affecting the term oE the lease or the time for paymqnt of rentals oP
<br /> royalties or for any other purpose, and leasee may suspend ali payments until there is a final adjudicarion or other determination o! such diapute.
<br /> IN WITNESS WHEREOF this instrument fs thg at �}rst above written.
<br /> � Po ted o M DE � � �I�'� �ATA _ � A.C.�ilsoa �sEaz> _ '
<br /> � 3-�0-19 � ��i I�E.L. � eman �
<br /> , 3 r ���� . �s��L,
<br />� � � � � � � (cORP � � � � �,�ssoR �
<br /> i Attest: ' � ) TEXA.S PRODUCTION COMPANY
<br /> � J.C.Hudnall SEAL .
<br /> , { ) By A.R.1�ilsou
<br /> Assistant Secreta �
<br /> (' TY• � Vice President
<br /> !I LESSEE ��
<br /> �� STATE OF NEBRASKA, ) � � � �
<br /> ' Hall r ss.
<br /> �� County of � � �
<br /> �; On this 21 day of F eb• , is 30 , before me, a Notary Public, in and for said County, persona.11y came the above named
<br /> �'' A C wilaon ana a widower '
<br /> • • � , his wife, who are personally known to me to be the identical
<br /> 'i 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 /> I
<br /> Witness my hand and Notarial Seal the date last aYoresaid.
<br /> (SEAL) G'�'rRro�a y Public.
<br /> ! My commiasion expires on the 2� day of July , ls 3� .
<br /> ( STATE OF COLORADO,
<br /> � ss.
<br /> City and County of Denver,
<br /> iOn this 19 day of Mar eh , 19 3 6 , before me,a Notary Fublic, fn and far said County,personaily came the aboye named
<br /> A.R.�11.S OA , Vice President and J.C►.HLtC111a.11. Assistant SeGretary 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 Assistant Secretary of said
<br /> ,� corporation, and they acknowledged the instrument to be their voluntary act and deed and the voluntary act and deed of safd corporation.
<br /> � Witness my hand and Notarial Seal the'date last aforesaid.
<br /> (SEAL) John T.Nr�strom
<br /> Na ry pubiie.
<br /> M commission ex ires onthe �j� day of October , �g �j� ,
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