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<br /> � - -� ��HS 5---57ATE.JQLIRNALCQMPANY.LINCOLN.NEB � �� � ����� �
<br /> STATE OF NEBRA�S`IL'A,�
<br /> F2'om Hall Count�, �$'
<br /> � Ross Senseney, single
<br /> �i I hereby cert2 f y that this in8trumeyct zvas f iled f or record in my o f f ice
<br /> at 8 dclncic A.M., April 2� 19 30 , and is
<br /> �� c�ul� recorded in book MQM page �� .
<br /> i
<br /> �j ���-�� Register of Deeds
<br /> , To B✓
<br /> ; Texas Production Company Deputy.
<br /> I{'ees,� 2.8� _ .
<br /> �, ea r �•n�Bol OIL AND GAS MINING LEASE �S�A Re�ntalNBookS�'�
<br /> - li 3��i� ��35 By �.T.N. . _ ' �/1�- 19 0 B J �.N.
<br /> � �
<br /> An Agreement, entered into this _26 day of geb� , 19 �j� , betwzen
<br /> �
<br /> Ross Seneenep, a single man .
<br /> ilessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> 1. Lessor, in consideration of the sum of Thirty Two Dollars ($ �.QQ ), in hand paid, of i�he royalties herein rovided
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<br /> Iand the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto lessee, for the purpose of testing by any method for formations
<br /> and prospecting and driiling for and producing oil and gas, laying pipe lines, building tanks, atoring oil and building powers, stations, telephone lines
<br /> and other structures (including houses for employees) thereon, to produce, save, take care of, tireat and transport said products, the following described
<br />� land in H�1 County, State of Nebraska, to-wit:
<br /> South Half of North East Quarter and South East Quarter 3ection Thirty Two Town�hip Eieven
<br /> North Range Eleven West - East Half of �Torth East Quarter Section Two Township Ten Atorth
<br /> Range Eleven West and containing 320 acres rnore or less.
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<br /> �� 2. Subject to the other provisions herein contained, this lease shall remain in force for a term of ten years from this date (herefnafter cailed "primary
<br /> j term") and as long thereafter as either oil or gas ia or can be produced from any well on said land; however, lessee at any time may release this 2ease
<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 s8'me
<br /> 'j to be delivered at the cvells 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 tank�, lessor's interest in eit23er case to bear its
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<br /> ! proportion of any expense of treating unmerchantable oil to render it merchantable as crude, and (b) on gas produced from said la.nd 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 Prom such aales. Leasee ia 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 transfer by lessor.
<br /> i4. If drilling operations are not commenced on said land on o— e or_o_—_&ax f =m�this date, this lease sh_�,�l th 't�,r�ninate �,g both parties, unless
<br /> lesaee sha.11 pay or tender to les or or to the credit of lessor in ���8� ��ylO�a1 Bunk at �100� �[1V8T�111E�• (which ba.nk i�t
<br /> lessor's agent) the�sum of �ixteen — — — — Dollars ($ �(� �� )
<br /> (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. There �er, semi-annually, in
<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 payments or tenders of rental may be made by the check or draft of lessee mailed ur delivered to sa.id bank on or before such date
<br /> of payment. Drilling operations hereunder shall be deemed to be commenced when the first material ia placed on the ground. IVotwithstand�ng any devolu-
<br /> tion, change or division in the ownership of said land, the payments or tendera of rental in the manner herein provided shali be bindiug on the successors,
<br /> i � assigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded by anather'bank, lessee shall not '
<br /> be held in default for failure to make such payments or tenders until thirty days after lessor sha11 deliver to lessee an fnstrument in wrfting dttly,
<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 should drill a dry hole or holes thereon,this lease ahall uot be terminated thereby if lessee, '
<br /> before the nest 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 ahall not be terminated thereby if lessee commences additiona,t drilung
<br /> operations within sixty days thereafter or (if it be within the primary term) commences or resumea the payment or tex�der of rentals before the aext
<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 ia then engaged in drillfng
<br /> operations thereon, the lease shall 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 use of oil, gas, wood, coal and water from said land, except water from lessor's wells, for a1T operation9 heTeunder, and the royalty on oil
<br />, iY� � and gas shall be in the net quantity after deducting any so used for operations. Lessee shall have the right at any time during or after the exp�ration oY thia lease to remo[�e
<br /> all property and fixtures placed by lessee on said land, including the right to draw and remove ali casing. When required by leasor, lesaee will bu�all pipe lines 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 leasor's consent. I+easor $ all have the privi�lege,
<br /> � �i at the riak and expense of leasor, of making connection and uaing gas from any gas well on said land for stoves and inaide lights in the principal dwelling on eaid land out
<br /> of any aurplus gas not needed for operations hereunder.
<br />� 7. The rights oP either party under this lease may be assigned fn whole or in part and the provlsfons hereof shall extend to the heirs, personai representativea, suCCeasora
<br /> f and assigns, but na sale or assignment by lesaor ehall operate to enlarge the obligations or diminiah the rights and priviieges of le8see. 3hould les8ee asaign this lease in
<br /> whole or in part leasor shall look aolely to the aseignee for performance of its terms ae to the parts so assigned. i�To sale or as9ignmenC by le�aor ahaIl be.bi din on le�see
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<br /> for any purpose unfil lessee shall be furniehed wrth an instrument in writing evidencing such sale or assignment. IY lessee asslgna this lease im parf, the obligation (iL sny
<br /> � exista) to pay rentals is apportioned as between the aeveral ownera ratably according to the aurface area of each, and default by one of them in the payment oY rentals
<br /> ahall not affect the validity of the lease on the portion of land upon which pro rata rentals are
<br /> � � paid or tendered.
<br /> 8 This lease ahall never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any oi its tmplied obt�gations, nor while oil or gas is
<br /> being produced in paying quantities Por any cause whatsoever, unless there shail first be a Pinal judicial ascertainment that such obligation or Cause eaiata and that lesaee
<br /> � is in default. Upon such tinal determination, lessee fa hereby given a reasonable time thereafter to comply with such obligation, or, at iessee's election, to surrender the
<br /> � �� lease, with the option of reserving, under the terms of this lease, each producing well and ten acres surrounding it to be selected by lessee. Lessee aha11 not be liable in
<br /> P1;. damages for breach of any implied obligation.
<br /> '� 8. If aix or more persons be or become entitled to royalties hereunder, they shall by aufficient written instrument designate aome agent to receive payment for all,
<br /> � and lessee ahall not be required to make payment until such instrument is furnished.
<br /> � 10. When drilling or other operations are delayed or interrupted by lack oE water, labor or material, or by fire, atorm, ilo0d, war rebellion, inaurrection, riot, atriike,
<br /> ,� differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a reault of aome order, requisitiion or neceasity o1 the government,
<br /> or as the result of any cause whatsoever beyond the control of the lessee, the time of such delay or inferruption aha11 nok be counted a�ainat leasee, a.nything in thi9 lease to �
<br /> � �� the contrary notwithstanding. ,
<br /> .I il. Leasor hereby warrants and agrees to defend the tftle to said land and agrees that leasee, at lessee's option (but without any duty to do so), may pa.y and diacharge
<br /> ,) ariy taxea, mortgages or other liens upon said land, and in that event lessee shail be subrogated to such lien, with full right to enforce the same, &nd in addition thereto may
<br /> retain for the satisfaction of such lien and interest all royaltiea or rentals aceruing hereunder. If lesaor ovvna an interest in said land lesa than the entir8 fee simple eatate,
<br /> � � then the royaltiea and rentals to be paid lessor shall be reduced proportionately, Should the right or interest of leasee hereuhder be disputed by lessor, or any other peraon,
<br /> '�� the time covered by the pendency of such dispute ahall not be counted against lessee either as afiecting the term of the lease or the time for payment o! reatals or
<br /> � royaities or for any other purpose, and lessee may suspend a1l;payments untfi there ia a final adjudfcation or other determinatfon of such dtspate. '
<br /> IN WITNESS WHEREOF this instrument is executed on the date firat above written.
<br /> ��d g� A PROVED AS TO . . Ross Seaseney �s��,�
<br /> � 3���0-19�� by�I.E.L. DESCR�P�I�Ne`�manTA . - . . �s�r��
<br /> j 3/i��13� �ssoR
<br /> ��!� Attest: ((�''0�p TEXAS PRODUCTION COMPANY,
<br /> ; J:C.Hudnall (SEAL3 $y A,R,}�3,lson - . �,
<br /> Assistant Secretary. • . Vic@ President
<br /> . � � � � T.LSSE� �
<br /> . STATE OF NEBRASKA, ) ��ti I
<br /> ; �. ss. ' �,;
<br /> County of ,Ha,l]. � ,
<br /> On"this 26 day of Fe��uary � 18 30, before me, a Notary Public, in and for said County, personally came the above named �
<br /> ( RpS$ Sen�eney ana a single T11321 , h� �e, who are personally known ttFme to be the identical
<br /> persons whose names are affixed to the above instrument as lessors, and they each acknowiedged said instrument to be their voluntary 8,ct and deed.
<br /> Witness my hand and Notarial Seal the date last aforesaid. �s�L� W��i.Sorensen
<br /> '� Notary Public.
<br /> i My comxnisaion expires on the 2� day of Ju1�T 19�jl .
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<br /> STATE OF COLORADO,
<br /> j ss.
<br /> � City and County of Denver,
<br /> ;I A R��Pi lson day of Mar eh , 19 ��, before me,a Not�,ry Public, in and for said County,personally came the above na,med
<br /> !�111 • • , Vice President and J• .H��38.23, � Assistant Secretary of said Tesas Production Company;vvho
<br /> are personalIy known to me to be the identical peraqns whose names are afPixed to fi.he above instrument as Vice President and Assistant Secretary of said
<br /> corporation, and they acknowledged the inetrument to be their voluntary act and deed and the voluntary act and deed of said corporatidn.
<br /> ,� Witness my hand and Notarial Seal the date last aforesaid. �,C�EAL� ,TpY1II Z'.�'yg p�
<br /> I ' , - - 1Qotary Fublic.
<br /> I� M commission expirea on the�0 da of OC$ 18
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