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<br />_ . .�1 ..�—STA7E JOURNAL COMPANY.LINCOLN.NE9 . . . . . . . . __ . . . .._ .. _... _ .._ ... ._._��.�---._.--.__ .___�_ . .. _.— . ..__.__. . . . ..�__.__---
<br /> STATE OF NEBRASI�A,� ,
<br /> I Isaac Newton Senseney & �ife gall County, ss' ,
<br /> !� I hereby certify that this instrumer�t ar;as froled for record in my offioe
<br /> 'i at S� o'clnck A.1�i., April 26 19 30 , and is
<br /> �? duly recorded in book N Qp page�2 .
<br /> �;
<br /> � ���� �tegiste�° of Deeds
<br /> � �����
<br /> ,.
<br /> ji To B�
<br /> ii Texas Production Company Deputy.
<br /> j; , Fees,$2.6�j
<br /> ( �
<br /> ' �easrat j°.on�sook OIL AND GAS MINING LEAS ea e .
<br /> p B T . �/��a19�j8 yJ.� N.
<br /> ,�i 3�1� 1y30 y J. .N.
<br />� j+ An Agreement, entered into this 2 day ox ; F�bruary , 19 3� , between
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<br /> �' Isa,a.c Newton Senseney and Vena Senseneq ,His Wife
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<br /> lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br />, �; 1. Lessor, in consideration of the sum of E3.gh�- 1�o11ars ($ �.�0 ), in hand paid, of the royaltiea herein provided
<br /> ;i and the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto lessee, for the purpose of testing by any method for formationa
<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 /> �i and other atructures (including houses for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following described
<br /> I I� land in Ha],1 County, State of Nebraska, to-wit:
<br /> ��
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<br /> �'; South Half of North West Quarter Section T�venty Township ten North Range Eleven �'est (
<br /> ' and containing �0 acres more or less.
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<br /> r �� 2. Subject to the other provisions herein contained, this lease shall remafn in force for a term of ten years from this date (herefnafter called "primary
<br /> �I 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 royaltiea reserved by lessor, and which shall be paid by lessee, are (a) on oil, otte-eighth of that produced and saved from said land, the same
<br /> ` to be delivered at the vvells or to the credit of leseor in the pipe line to which the wells may be connected, or, at the optio� of the lessee, from time to
<br /> ,j time, the market price at the wells of such one-eighth on the day it is run to the pipe lfne or storage tanks, lessor's interest in either case to bear its
<br /> proportion of any expense of treating unmercha.ntable oil to render it merchantable as crude, and (b) on gas produRed from said land and �old or used off
<br /> j the land or in the manufacture of gasoline, including casinghead gas, the market price at the well of one-eighth of the gas so soid or used, provided that
<br /> 1, if and when lessee shall sell gas at the wells lessor's royalty thereon sha11 be one-eighth of the amount realized from euch sales. Leasee is hereby given the
<br /> i' option of purchasing ail 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 /> f 4. If drilling operations are not commenced on said land on befQre qne ear frQm this date, this lease sh then terminatea�,�to both partiea, unless
<br />��I i lesaee shall pay or tender to 1�ssor or to the credit of lessor in ��T6T 1Vatlonal Bank at �Pood Ri.verq�1��. (which bank is
<br /> �� lessor's agent) the sum of P'011T Dollars ($°#• )
<br /> - � (hereinafter called "rental"), which shall extend for aix months the time within which drilling operations may be commenced. Thereafter, semi-annually, in
<br /> like manner, and upon like payments or tenders, the comxnencement 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 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 /> `I tion, ehange or division in the ownership of sa.id land, the payments or tenders of rental in the manner herein provided shall be binding on the succeasors,
<br /> assigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank,,lessee shall not
<br /> i be held in default for failure to make such payments or tenders until thirty days after leasor shali deliver to iessee an instrument in writing duly,
<br /> executed and acknowledged, naming another bank as agent to receive such payments or tenders. The dowa cash payment is eonsfderation for this lease
<br /> ; according to its terms and shall not be alocated ae 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 sk�ali not be terminated tbereby 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 sha11 not be terminated thereby if lessee commences additional drilling
<br /> ' operations within sixty days thereafter or (if it be within the prima,ry term) commences or resumes the payment or tender of renta.ls 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 leasee is then engaged in drilling
<br /> operations thereon, the lease shali remain in force so long as driliing operations are proaecuted, and, if they result in the production of oii or gas, so long
<br /> � thereafter as oil or gas is or can be produced from any well on said land.
<br /> j 6. Lessee shall have the free use of oii; ga,s, wood, coal and water from said land, except waier from lessor's wells, for all operatiotta hereunder, and the royaity on oil
<br /> ;� 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 a1teT the expiration ai this lease to remove
<br /> all property and fixtures piaced by lesaee on said land, including the right to draw and remove all casing. When required by leasor, le&gee will bury all pipe lines below
<br /> 1 ordinary plow depth, and no well shali be drilled within two hundred feet of any residence or barn now on said land without leasor's cons�nt. Leasor sha,ll have the privilege. �
<br /> �I at the riak and expense of lessor, of making connection and using gas from any gaa well on said land for stoves and inaide lights in the principal dwelling on said land out
<br /> of any surplus gas not needed for operations hereunder,
<br /> (� 7. The rights oE either party under this lease may be assigned in whole or in part and the provisions hereoE ahall extend to the heira,peraonal representatives, successors
<br /> i and assigns, but no sale or asaignment by leasor ahall operate to enlarge the obligations or fliminish the rights and privileges of les�eC. Shouid le9see asaign this lease in
<br /> � whole or in part lessor shall look solety to the assignee for performance of its terms as to the parts so sesigned. No sale or as�ignment by leasor �hall be binding on leasee
<br /> for any purpose until lessee shall be furni�hed with an instrument in writing evidencing such sale or assignment. I1 lessee assigna thi� lease in part, the obligation (if any
<br /> ! exiats) to pay rentals is apportioned as between the several owners ratably according to the surface area oi each, and`default by one oi them in the payment oi rentals
<br /> ahall not affect the validity of the lease on the portion of land upon which pro rata rentals axe paid or tendered.
<br /> i� 8. This lease shall never be forfeited, cancelied, or terminated for failure by lessee to perform in whole or in part any of its implied obligations, nor while oil or gae ie
<br /> j being produced in paying quantities for any cause whatsoever, unlesa there shall first be a final �udicial �,scertainxnent that sueh obligation or cause exista and that leasee
<br /> ; is in default. Upon such iinaI determination, tessee is hereby given a reasonable t3me thereafter to comply with auch obYigation, or, at lesaee's election, to aurrender the
<br /> lease, with the option of reserving, under the terms of this lease, each producing well and ten acres xurrounding it to be aelected by lesaee. Leasee ahall not be liable in
<br /> � � damages for breach of any implied obligation.
<br /> � ! 9. If aix or more pereons be or become entitled to royalties hereunder, they shall by aufficient written instrument designate some agent to receive paqment for a11,
<br /> �j and lessee ahall not be required to make payment until such instrument is furnished.
<br /> 10. When drilling or other operations are delayed or fnterrupted by lack of water labor or material or b fire atorm ilood war rebellion ins
<br /> � Y urrection, riot, atrjke,
<br /> i f r ith workmen or failure of carriers to trans ort or furnish f i
<br /> j d f e ences w , p ac litiea for trana ortation or as a result of some order re uisition or neoessit
<br /> , B fl of the overnment
<br /> Y S �
<br /> or as the result of any cause whatsoever beyond the control of the lesaee, the time of such delay or fnterruption sha11 not be counted against lessee, anything in this lease tD
<br /> 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 duty to do s0), may pay and diacharge
<br /> � ariy taxes, mortgages or other liens upon said land, and in that event lessee shali be aubrogated to auch lien, with fuil right to enforce the same; and in additiott thereto may
<br /> � retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. If lessor awns an intexest in:sAid land lesa than the entire fee aimple estate,
<br /> then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest of lesaee hereunder be disputed by lessor, or apy other peraon,
<br /> 1 the time covered by the pendency of such diapute ahall not be counted against lessee either as affecting the term of the lesae or the time for payment of rentals or
<br /> � royalties or for any other purpose, and lessee may auspend all payments until there is a finai adjudication or other determination oi such dispute.
<br /> N IlV WITNESS WHEftEOF this instrument is executed on the da e first bove written. • • .
<br /> i Posted on �dap � DE �4 � a sD��A � Isaac New�on 9ensen�,L�
<br /> � 3-10-1930 by I. .L. �
<br /> � j , y Vena 3ens eneyr esE�>
<br />�
<br /> j j�n�pb� . LFSSOR
<br /> � �i Attest: ; ��� TEXAS PRODUCTIQN COMPANY,
<br /> � �� J.C.Hudnall sy A.R.Y�ilson ;
<br /> �' Assistant Secreta
<br /> � Y'3'• V3ce President
<br /> i � �ss�
<br /> ` STATE OF NEBRASKA, � C
<br /> I� County of Ha�-1 j �s' I
<br /> �
<br /> On this c�� da of Februar 19 � before me a Nota bli
<br /> Y , , Pu c in and fo id Count ersonall c
<br /> � 3 rJ' , ame the
<br /> ,�� y,p y above named
<br /> � �I 188.8,C Newton Senseney and �ena Senseney , his wife,wh� a�e personally known to me to be the identical
<br /> ��' persons whoae names are affixed to the above instrument as lessors, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> Witness my hand and Notarial Seal the date last aforesaid. (SEAL) C.S.Hoekstra �
<br /> �� � Notary Public.
<br /> ` � aa of A�• , ia 31
<br /> � bIy commission expires on the y .
<br /> ;I STATE OF COLORADO, �
<br /> �I City and County of Denver, � �S� i
<br /> 1� On this �.� day of Mareh �� bgfor e, a Notary Public in and for said County, personally ca,me the above named
<br /> � A.R.�1150Y1 , Vice President and � �•C.�UQTla'�� . - Assista.nt Secretary of said Texas Production Company, who
<br /> t are personally known to me to be the identical persons whose names are affixed to the above instrument as Vice President and Assiste�n�t 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.
<br /> I Witness my hand and Notarial Seai the date last aforesaid. (gEAL) John �o�y�rDB1
<br /> �� � � � � ary �iTi
<br /> My commission expires onthe �0 da of �CtOb@T 19
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