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<br /> �LU�iJ��J�J��uJ�11�/J�J� ���l�'J�� �4�5 (� �)�
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<br /> SF 5—STAT@ JOURNAL COMPANY.LINCOLN.NEB . . .. � - . .. . .... --.-- .- . ---- .. _.. . . .. ._. . . ..__ . ... . .__..._-
<br /> � STATE OF NEBRA.SKA,�
<br /> , From Hall County, ss.
<br /> i Ira Gibson and wife
<br /> ;� I hereby certify that this inst7•umer�t was fzled for record tin my office
<br /> ' - • at 8` o'clncic A�IY�., Aprii 2(� 19 30 , and is
<br /> i;
<br /> �; c�ul� recorded in book Q page �
<br /> �; �-i��-�-�1�
<br /> i; Register o f�
<br /> �;
<br /> , TO B, ,,
<br /> �' Texas Production Company Deputy,
<br />� i� THE TEXAS COP�IPAIVY
<br /> Fees,� 2.65
<br />� �� ea e .N 21 �ea a N�� .o� 21 � � �
<br />�� �'� � ���r�.��on ook . �IL AND GAS 1VIINING LEASE ���,� }��g �. s. ,
<br />� �; 3 i93o By �.�. . z
<br /> {� An Agreement, entered into this 27 day of Februarp , 19 J� , between
<br /> `� Zra Gibson and Martha Gibson his wife; Alda, Nebraska .
<br />' ;+ lessor (whether one or more), �,nd TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> �� 1. Lessor, in consideration of the sum of Thirty .T�vo Dollars ($ 32•04 ), in hand paid, of the royalties herein provided
<br /> ? and 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 drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powers, stations, telephone lines
<br /> and other atructures (including housea for employees) thereon, to produce, save, take care of, treat and transport said products, the following described
<br /> land in ��,],1 County, State of Nebraska, to-wit:
<br /> ,
<br /> the north h�,lf of section 30,to�rnship 11 north,range 10 �est and containin� 320 acres
<br />� � �� more ox less. �
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<br /> � � � ��, �����o
<br /> \ +' .2�C,,�`9�0� �a��u�( �J�� ,
<br /> �� 36-� 6-�f
<br /> ,�� z�-i9-�� 3
<br />�I � �� ,� ��o-`��' .�zu:a�.w�i�
<br /> ��rna, �
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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 thfs date (herefnafter 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 thfs 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 �vells or to the credit of lessor in the pipe line to which the wells ma,y be connected, pr, at the option of �he 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 tanks, lessor's fnterest in either case to bear its
<br /> I � 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 and when leasee shall sell gae at the wells lessor's rayalty thereon shall be one-eighth of the amount realized from auch salea. 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 third parties when and if
<br /> offered for sale or transfer by lessor.
<br /> 4. If driliing operations are not commenced on said land on o fore o y ar fro�this date, this lease sha� then er�uu�tea,�t p , unless
<br /> �' P Y p ,,���,�'��a�1021a1 (� � � ank ia
<br /> F lessee shall a or tender to lessor or to the credit of less r in Bank at Tc''�,I1 1$1&I10. �I�'b
<br /> � lessor's agent) the sum of Sixt e en c'],ACl. AO/1�0 Dollaxs (� �Ej•Q )
<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 manner, and upon like payments or tenders, the commencement of drilling operations may be further deferred for periods of sis months during the
<br /> i 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 before euch date
<br /> of payment. Drilling operations hereunder shall be deemed to be commenced when the first material is placed on the ground. Notwithstand�ng any devolu-
<br /> , n
<br />� i 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 successors,
<br /> assigns or legal representatives of lessor. If such bank (or any successor bank) ahould 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 shall deliver to leasee an instrument in writing duly
<br />, j executed and acknowiedged, naming another bank aa agent to receive such payments or tenders. The down cash payment is considera.tion 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 shall 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 should cease from any cause, this lease shall not be terminated thereb if lessee commences additional drillin
<br /> :! operations within sixty days thereafter or (if it be within the primary term) commences or resumes the payme t or tender of rentals before the neg
<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 e ed in drillin
<br /> n$'ag' g
<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 shall have the free use of oil, gas, ��j��j�and water irom aaid 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 operations. Lessee ahall have the right at any time during or alter the egpiration of thie lease to remove
<br /> I all pmperty and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by lessor, lessee will bury all pipe lines belom
<br /> � i; ordinary plow depth, and no well shall be drilled within two hundred feet of any residence or barn now on said land without ieasor's corisent. LeeaoP athall have the priv}lege,
<br /> �,, at the risk and expense of lesaor, of making connection and using gas Yrom any gas well on said land for stoves and inside lights in t8e principal dweiling on 6aid land out
<br /> of any surplus gas not needed for operations hereunder.
<br /> � !;� 7. The rights of either party under this lease may be assigned in whole or in part and the provisiona hereof ahall extend to the heirs, personal representatives, successora
<br /> j and asaigns, but no sale or assignment by lesaor shall operate to enlarge the obligations or diminiah the righta and privileges oi leasee. 8hould lessee assigu this leaae in
<br /> whole or in part lessor ahall look solely to the assignee for performance of ita terms as to the parts ao assigned. No sale oT aasignme�tt by lesaor shall be binding on lessee
<br /> for any purpoae untii lessee shall be furnished with an instruxnent in writing evidencing such sale or assignment. If leasee assigna ihis lease in part, the obligation (if any
<br /> exists) to pay rentals fs appo��tioned as between the aeveral ownere ratably according to the surface area of each, and default by one of them in the payment of rentals
<br /> I � i shall not affect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> i 8. This lease ahall never be forfeited, cancelled, or terminated for failure by lessee to perfoTm in whole or in part any of ita implied obligatione, nor while oil or gas is
<br /> i befng produced in paying quantities for any cause whatsoever, unless there shall first be a 41na1 judicial ascertainnient that such' obligation or cause exista and that lesaee
<br /> ; ie-in default. Upon such final determination, lessee is hereby given a reasonable time thereafter to comply with such obligation, or, at lesaee's election, to aurrender the
<br /> � i, lease, with the option of reserving, under the terms oE this lease, each producing well and ten acres aurrounding it to be aelected by lesaee. Lessee ahall not be liable fn
<br /> N ;� damages for breach of any implied obligation.
<br /> ' 9. If aix or more persons be or become entitied to royalties hereunder, they shall by sufficient written instrument deaignate some agent to receive payment for a11,
<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 of water, labor or material, or by fire, atorm, flood, war, rebellion, insurrection, riot, gtrike,
<br /> differences with workxnen, or failure oE carriers to transport or furnish facilities for transportation or as a result of aome order, requiaition or necesaity of the goverttment, �
<br /> �� or as the result of any cause whataoever beyond the control of the lessee, the time of such delay or interruption ahall not be counted against lesaee, anything 1n thie lease to
<br /> M the contrary notwithatanding. �
<br /> \�� 11. Lessor hereby warrants and agrees to defend the titie to said land and agrees that lessee, at lessee's qption (but without any duty to do so), may pay and dischargcs
<br /> 0 ariy taxes, mortgages or other liens upon said land, and in that event lessee shall be subrogated to such lien, with full right to enPorce the same, and in•addition thereto may
<br /> i retain for the satisfaction of such lien and interest a11 royalties or rentals accruing hereunder. If leasor owns an inte;est itt suid land leas than the eiltire fee aimpie estate,
<br /> � then the royalties and rentals to be paid lessor ahall be reduced proportionately. Should the right or interest of lessee hereunder be disputed by lessor, or any other peraon,
<br /> j the time covered by the pendency of such dispute shall not be counted agafnst lessee either as afPecting the term of the leaae or the time for payment of rentals or
<br /> � royalties or for any other purpoae, and lessee may suspend a11 payments until there is a final adjudication or other determination o1 auch diapute. �
<br /> � IN WITNESS WHEREOF this instrument is eaecuted on the e i t ove written. � - , I
<br /> � Posted on �,p APPROVE�� AS� �� . Ira Gibson �sEAL3
<br /> Ii 3 10 1930 �y '����.L• DES R PT ION & DA`TA -
<br /> � '' T3�l���gman . Ma.r�tha Ciibson: cs�.� �
<br /> " �ssaR I
<br /> i Attest: ��4��� TEXAS PRODUCTION COMPANY, �
<br /> ' J.C.Hudnall $y A.R.Rilaon
<br /> ! Assistant Secretary. Vice President
<br /> '' LESSEE I
<br /> � STATE OF NEBRASKA, �
<br /> county of Hall � g�'
<br /> �i � ��
<br /> I;' On this 27 day of February , 19 �j� , t�efore me, a Notary Publiq in and for ssid County,personally came the above named
<br /> li
<br /> ;, Ira Gibson and Martha Gibson , his wife, who are personally known to me to be the identical
<br /> �� persons whose names are affixed to the above instrument as lessora, and they eaeh acknowledged sa,id instrument to be their voluntary act and deed.
<br /> Witness my hand and Notarial Seal the date last aforesaid.
<br /> �'' (SEAL) P:R.Birk: ::
<br /> �i Notary Pubiic.
<br /> I� My commission expires on the 6t71 day of /�t1�U$t ,-1g30 , �
<br /> ; STATE OF COLORADO, �
<br /> �; City anc� County of Denver, �' ss.
<br /> ii On this �9 day of Mar ch � 19 3�, before me, a Notary Public, in and for said County,personally came the above named
<br /> ��' A.�.V�i lson , Vice President and J.C.HuC�Tiall Assistant Secretary of said Texas Production Company, who
<br /> ' are personally known to me to be the identical peraons whose names are affixed to the above instrument as Vic� President and Aasieta,nt Secretary of sa,id
<br /> �1 corporation, and they acknowledged the instrument to be their voluntary act and deed and the volunta,ry act and deed of said corporation.
<br /> ; Witness my hand and Notarial Seal the date last aforesaid.
<br /> i� �SEAL) `�o�n �•�y Not ry Public.
<br /> � My commissfon expires on the 3� day of Oetober 18
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