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<br /> L�����JJJJ�1��lV���//�J� ��J�J wl✓.J�� ^'
<br /> STf1TE OI�' NEBRAS�A,� .
<br /> From Hall Co2cnt�, ss.
<br /> Walter H.Brownell,single I h�reby certif� that this instrumer��t was filed for record in my offtice �
<br /> . at $ dcloc7c A,D�i., A ril 26 19 30 , and is
<br /> dul� recorded in book p Qi� page 3� .
<br /> � . ������ ��u e� Register of Deeds
<br /> To Bf
<br /> � .
<br /> Texas Production Company Deputy. �
<br /> THE TEXAS COMPANY �
<br /> I��ees,� 2.65
<br /> ea�rat�on 'sook OII� ANl� GAS 1VIINII�G LEAS Reqn�al $ook
<br /> 3/1�F 193� By J.�'.N. _ _ 3/13 1930 By J.T N.�,
<br /> An Agreement, entered into this 2�-�h day of February , 19 3Q , between �
<br /> .
<br /> �9alter H.Bro�nell, a sin�le man �
<br /> lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws oP Colorado, lessee.
<br /> 1. Lessor, in consideration of the sum of Thirty Two Dollars ($ 32•�� ), in hand paid, of iche royalties herein provided
<br /> and the agreements of lessee herein contained, hereby grants, leases and lets exclusively untolessee, for the purpose of testing by any method for formations ,�
<br /> and pros�ecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powers, stations, telephone linea
<br /> and other structures (including houses for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following described �
<br /> land in �j�,],�, County, State of Nebraska, to-wit:
<br /> South half of Section 9 Township 9 North Range 9 weet 320 Acres more or lsss.
<br /> 2: Subject to the other provisions herein contained, this lease shall remain in force for a term of ten years from this date (hereinafter called "primary
<br /> term") and as long thereafter as eii:her 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 (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 iu 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 tanke, lessor's interest in either case to bear ita.
<br /> proportion of any expense of treating unmerchantable oil to render ft merchantabie as crude, and (b) on gas produced from said land and aold 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 aold or used, provided that
<br /> if and when lessee shall sell gas at the wells lessor's roya.lty 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 royalty 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.
<br /> 4. If drilling operations are not commenced on said land o pr }�efor one,year rq� thig�1ate thia lease sh$],1 thGn termina� �s to both partiea, uniess
<br /> lessee shall pay or_tender to 1 or or to the credit of lessor in��G aL e ��.�1K O� ri8.8 L 111g S �IIk at iz8.$�L�I1g 8�N@ D�"t which bank 3a
<br /> lessor's agent) the,sum of ��xteen �--�--�---�--------"--"------"—""—""'—'---- Dollars ($ 10•�� )
<br /> (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, semi-annua11y, fn
<br /> like manner, and upon like payments or tenders, the commencement of drilling operations may be further deferred for periods of six months during the
<br /> primary term. The paymente or tendera 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. Driliing operations heretinder shall be deemed to be commenced when the first material is placed on the ground. Notwithstanding any devolu-
<br /> tion, change or diviaion in the ownership of said land, the payments or tenders of rental in the manner herein provided shall be binding on tfle successors, \
<br /> assigns or legal representatives of leasor. If such bank (or any auccessor bank) 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 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 consfderation 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 small not be terminated thereby if lessee,
<br /> before the next ensuing rental paying date, commencea further driiling 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 shail 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 espiration of the primary term oil or gas is not being produced on said land but lessee is then engaged in drilling' �
<br /> operations thereon, the lease shali remain in force so long as drilling operations are prosecuted, and, if they result 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 /> 6. Lessee sha11 have the free uae of oil, gas, wood, coal and water from said land, except water from lessor's wells, Yqr all operations hereunder, and the royalty on oA �
<br /> and gas ahall be in the net quantity after deducting any so used for operations. Lessee shall have the right at any time during or after the espiration of this 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 lesaor, lesaee will bury a11 pipe linea below
<br /> ordinary plow depth, and no well shall be drilled within two hundred feet of any residence or barn now on said land without leasor's consent. Leasor ahall have the privilege,
<br /> at the riek and expense of lessor, of making connection and using gas from any gas well on said land for atoves and inside lights in the principal dwelling on said land out
<br /> of any aurplus gas not needed for operations hereunder.
<br /> 7. The rights of either party under this leaee may be assigned in whole or in part and the provisions hereof ahall extend to the heira, personal repreaentativea, succeasors
<br /> and aseigns, but no aale or aseignment by lessor ahall operate to enlarge the obligations or diminish the rights and privileges oP lesaee. Should leasee assign this lease in
<br /> whole or in part lessor shall look aolely to the assignee for performance of ita terms as to the parta so assigned. No sale or assignment by leasor shall be binding on lesaee
<br /> for any purpose until lessee ahali be furnished with an instrument in writing evidencing auch sale or assignment. If lessee asaigns this lease in part, the obligation (if any
<br /> exists) to pay rentals is apportioned as between the aeveral owners ratably according to the aurPace area of each, and default by one of them in the payment of rentals
<br /> shall not affect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> 8. This lease ahall never be EorPeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its implied obligations, nor whfle oil or gas ie
<br /> being produced in paying quantities for any cauae whatsoever, unless there ahall first be a final judicial ascertainxr�ent that such obligation or cause esists and that lessee
<br /> is in default. Upon such final determination, lessee is 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 reaerving, under the terms of this lease, each producing well and ten acres surrounding it to be selected by lessee. Lessee ahall not be liable in
<br /> damages for breach of any implied obligation.
<br /> 9. If six or more persons be or become entitled to royalties hereunder, they shall by aufficient written i�trument designate some agent to receive payment for all,
<br /> and lesaee ahali not be required to make payment until such instrument is furnished.
<br /> 10. When drilling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, storm, flood, war, rebeilion, insurrection, riot, atrike,
<br /> differences with workmen, or failure of carriers to tranaport or furnish facilities for traneportation or as a result of some order, requisition or necessity of the government, ,
<br /> or as the result of any cauae hatsoever be nd control of e les i of i t tio s i o e unte gainst less e anythi�► in this lease to •
<br /> the contrary notwithstanding.����@ �glc3.� �ay f or ��tt���'b�' C��6��� ����+� ���r��+���$ �� grow�.fag c�rops OA SEtt �'
<br />' 11. Lessor hereby warrants and agrees to defend e title to said land and agrees that leasee, at lessee's option (but without any duty to do ao), may pay and diacharge
<br /> ariy taxes, mortgages or other liens upon sAid iand, and in that event lessee shall be aubrogated to such lien, wi4h full right to enYorce the same, and in addition thereto may
<br /> retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. IP lessor owna an interest in said land leas than the entire fee aimple eatate,
<br /> then the royalties and rentals to be paid lesaor shall be reduced proportionately. Should the right or interest ot lessee hereunder be disputed by leasor, or any other person,
<br /> the tfine covered by the pendency of such dispute shall not be counted against lessee either as afPecting the term of the lease or the time for payment ot rentals or
<br /> royalties or for any other purpose, and lessee may suspend all paymenta until there is a final adjudication or other determination of such diepute. .
<br /> IN WITNESS WHEREOF this instrument is execp�e .Q siat �irS� bove written. Wa1teT H.
<br /> Posted on Ddap p Se� tt��n � �a�a Brownell �s�,� ���
<br /> 3—io i93o b� I.E.L. ���i ��m� - - cs�.� � :
<br /> L�ssoR '�
<br /> Attest: � �� TEXAS PRODUCTION COMPANY, ?
<br /> J.C.Hudnall �s�A } sy p.R.�ilson
<br /> Assistant Secretary. Vice �resident
<br /> �
<br /> �ss�
<br /> STATE OF NEBRASKA, �;
<br /> � ss:
<br /> County of Ad�.ti18 �
<br /> On this 25ti11 day of F'�bruary , is30 , before me, a Notary Public, in and for said County, personally came the above named �.
<br /> '�alter H.Brownell �,na- single � '
<br /> ,�iS�vTPE.*,who are pereonally known to me to be the identical
<br /> persons whoae names are affixed to the above instrument as lessore, and they each acknowledged said instrument to be their voluntary act and deed. `,� ',
<br /> ' Witness m hand and Notariai Seal the date last aforesaid. �
<br /> y - Ivan C.Rileq '
<br /> - �$�AL� Notary Public.
<br /> My commission expires on the 17'�h day of April , 1g �j�. . �
<br /> STATE OF COLORADO, ,
<br /> � sa.
<br /> City and County of Denver, `
<br /> On this �9 day of �arCh , 19 �� before me, a Notary Public, in and for said County, personally came the above named r
<br /> A,R.Wilson , Vice President and J.�,.HuC�.Tlall - Assistant Secretary of eaid Texas Production_Company, who F
<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 said corporation. i
<br /> Witness my hand and Notarial Seal the date last aforesaid. �s�L� John Z'•�YB'�,rO�Ct
<br /> Notaiy Public.
<br /> M commission e ires on the 30 da of Oetober , 19 33 .
<br /> �
<br /> I
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