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� � �� �� 43
<br /> �����'�������� ������ �
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<br /> STATE OF NEBRASSA,�
<br /> From �3•
<br /> Hall Count�,
<br /> John �.Dangler and �it��@ I hereby cer•tify ttcat this instrumer�t was filed for reeord in m� offiee
<br /> _ at 8 o'clnelc A. D1., ApTiI 26 19 30 , and is
<br /> dul� recorded in book n Qu- page 43 • �
<br />, ���� ���Register of Deeds
<br /> To B'�
<br /> Texas Production Company Deputy.
<br /> THE TEXAS COMPANY � b'ees,��•�5 �'
<br /> ea e . - 0 �
<br /> �ea Tat��on�oo� OII� AND GAS MINING LEASE ���a}9�$°�qJ.T � �
<br /> 3/1� 1q30 ByJ. .N.
<br /> An Agreement, entered into this 27 day of February , ls 30 , between
<br /> John '�.Dangler and Etta B.Dangler,his �vife; Wood River,Nebraska "'
<br /> �
<br /> lessor (whether one or more), �.nd TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee. �,N`
<br /> 1. Lessor, in consideration of the sum orSixty Three/ei�hty Dollars ($ 67j•�� ), in hand paid, of the royalties herein provided �v
<br /> and the agreements of lessee herein contained, hereby grants, leases an lets exclusively unto"Yessee, for the purpose of testing by any method for formations � �
<br /> and prospecting a,nd drilling for and producing oil a,nd gas, laying pipe lines, building tanks, storing oil and building powers, stations, telephone lines
<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 Ha.11 County, State of Nebraska, to-wit: (�r�
<br /> The south east qua.rter section l0,township 10, rar�e 11, less 5 acres in the south east � �,
<br /> cornar, the north east quarter section �3 township 10, range 11 cont�,�ning 163 acres more �
<br /> or less, �he south east quarter section 3 tov�nship l0,range 11 west. �the south west quarte
<br /> section 32,township lI, range 10 west,and containing in all 63� 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 this date (hereinafter called "primary
<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 shall be paid by lesaee, 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 leasor in the pipe line to which the welis may be connected, or, at the option of the lesaee,�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 atorage tanks, leasor's interest in either case to bear ita
<br /> proportion of any expense of treating unmerchantable oil to render it merchanta.ble 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 ao sold 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 responaible thfrd parties when and if
<br /> offered for sale or transfer by lessor. \
<br /> 4. If drillin o erations are not commenced on said land on, be�o�r ey ar fq� thLs.da.te, this lease sJ�all th nate as to unless ��
<br /> lessee�ahall pay or tender tc�, s�r,�°r to e �an���Ug�1r�V� ��r$L��b�On�l ... Sank aUaran��s.�and� :�����Ank is C .
<br /> lessor s agent) the sum of �1�t1 Y Dollars ($ �. 9� )
<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 ma,nner, and upon like payments or tenders, the commencement of drilling operations ma.y 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 such 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, cha.nge or flivision in the ownership of said land, the payments or tendera of rentai in the manner herein provided shall be binding on the succesaors,
<br /> assigns or legal representatives of lessor. If such bank (or any auccessor bank) should fail, liquidate or be succeeded by another bank, lessee sha11 not
<br /> be held in default for failure to make such payments or tenders until thirty da�ys after lessor ahall deliver to lessee a.n instrument in writing duly
<br /> executed and acknowledged, naming another bank as agent to receive such payments or tenders. The down cash payment fs consideration for this lease �
<br /> according to its terms and shail 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 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
<br /> discovery of oil or gas the production thereof ahould 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) commences or resumes the payment or tender of rentals before the nest
<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 /> operations thereon, the lease ahall remain in force so long ae driiling operations are prosecuted, and, if they result in the production of oil or gas, so long �;
<br /> thereafter as oil or gas is or ca.n be produced from any well on said land. ��
<br /> 6. Leasee ahall have the free use of oil, gas, wood, coal and water from said land, except water from lesaor's wells, for all operations hereunder, and the royalty on oil
<br /> and gas shall be in the net quantity after deducting any so used for operationa. Leasee shall have the right at any time during or after the eapiration of thia lease to remove
<br /> all property and fixtures placed by leasee on said land, including the right to draw and remove all casing. When required by lessor, lesaee will bury a11 pipe lines beloW
<br /> ordinary plow depth, and no well sha11 be drilled within two hundred feet of any residence or barn now on said land without lessor's consent. Lesaor shall have the privilege,
<br /> at the risk and expenee oP lessor, of making connection and using gas from any gas well on said land for etoves and inside lights in the principal dwelling on said land out
<br /> oE any aurplus gas not needed for operationa hereunder. G
<br /> 7. The rights of either party under this lease may be asaigned in whole or in part and the provisions hereof ahall extend to the heira,personal representatives, succeasor9 �
<br /> and asaigns, but no sale or assignment by lessor ehall operate to enlarge the obiigations or diminish the rights and privileges of lessee. Should lesaee assign this lease in
<br /> whole or in part lessor shall look aolely to the assignee for performance of its terms as to the parte so asaigned. No sale or assigninent by lessor shall be binding on lesaze
<br /> for any purpose until lessee ahall be furnished with an instrument in writing evidencfng auch sale or assignment. If lessee asaigns this lease in parh, the obligation (i1 any �
<br /> exista) to pay rentals is apportioned as between the several owners ratably according to the surface area of each, and default by one of them in the payment o! Tental8 ,
<br /> ahall not affect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> 8. Thie lease shall never be Yorfeited, cancelied, or terminated for Pailure by lessee to perform in whole or in part any of its implied obligations, nor while oil or gas ia
<br /> being produced in paying quantities for any cause whatsoever, unless there sha.11 first be a final judicial ascertainment that euch obligation or cause exiate and that lessee
<br /> is in default. Upon such linal determfnation, lesaee 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 terms of this lease, each producing well and ten acres surrounding rt to be selected by lesaee. Lessee shall not be liable in
<br /> damages for breach of any implied obligation.
<br /> 8. If six or more persona be or become entitled to royalties hereunder, they shall by sufficient written instrument deaignate some agent to receive payment for atl,
<br /> and leasee shall 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 materfal, or by fire, storm, flood, war, rebellion, inaurrection, riot, atrike,
<br /> differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a result of some order, requisition or necessity o�the S'os lease t
<br /> or as the result of any cause whatsoever beyond the control oP the lessee, the time of such delay or interruption ahall not be counted against lessee, anYtliin in thi
<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 so), may pay and diacharge
<br /> ariy taxea, mortS'ages or other liens upon said land, and in that event lessee shall be aubrogated to auch lien, with fuli right to enforce the same, and 1n addition thereto may
<br /> retain Por the satisfaction of such lien and fnterest all royalties or rentals accruing hereunder. If lessor owns an intereat in said land less than the entire fee simple esta,te,
<br /> then the royaltiea and rentals to be paid lessor sha11 be reduced proportionately. Should the right or intereat of lessee hereunder be disputed by lessor, or any other person,
<br /> the time covered by the pendency of such dispute shall not be counted against lesaee either as affecting the term of the lease or the time Yor payment oE rentals or
<br /> royalties or for any other purpoae, and lessee may suspend all payments until there is a final adjudication or other determination of such dispute.
<br /> IN WITNESS WHEREOF this instrument fs executed on the date first above written. - �
<br /> P�s t,ed on Ma. APPROVED AS TO John '�.Dangler es�,L�
<br /> 3 10 1930 bypI.E,L. D�S���TI�mN�& DATA Etta B.Dangler es�aL)
<br /> � L�ssox
<br /> Atteat: � � SEAL� TEXAS PRODUCTION COMPANY,
<br /> a�,r+• , C�.T'lall BY a.,R.Wil$�Vice President
<br /> � Aasistant Secretary.
<br /> �ss�
<br /> STATE OF NEBRASKA, _
<br /> County of
<br /> Hall s�•
<br /> On this 2� day of Feb uary , x9�Q , before me, a Notary Public, in and for said County, personally came the above named
<br /> John �.Dangler ana Etta B.�a.r1g1ET , his wife, who are personally known to me to be the identical
<br /> persons whose names are affixed to the above instrument as leasors, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> Witness my hand and Notarial Seai the date last aforesaid. (sEAL) E.B.Per s son
<br /> PTotary Public.
<br /> My commission expires on the 6�h day of Febr. , 1s32 .
<br /> STATE OF COLORADO,
<br /> � ss.
<br /> City and County of Denver,
<br /> On this 19 day of �da.reh , xg�t0 , before me,a Notary Public, in and for said County, personally came the above named
<br /> A.R.�1�8021 , Vice President and J.�+.HtlC�T18,1.1 - Assistant Secretary 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 Assiatan,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 /> Witness my hand and Notarial Seal the date last aforesaid. (gEAL) John 2.Nystrom
<br /> Notary PubHc.
<br /> M commission e ires on the 30 da of Oetober , �933
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