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<br /> -BTATE JOURNAL COMPANY.LINCOLN.NEB .... ._ _ ..... . . _.. _._.... . ___`__`�...�._.�.__.._.,.__. . . ___ . ..... ...... . ... . ..--
<br /> STATE Or NEBRA.,.4SA,�
<br /> I From Hall Count�, 3�'
<br /> `�' Cbarles Huebner,v�idower,
<br /> I hereby certify that this instrumer�t �a8 filed for record in my office
<br /> �
<br /> !: - at � o'c1,ocic A. �1., 6jt 2a`� 19 3� , and is
<br /> �� dul� recorded in book �Q� page
<br /> �� _ t�%��-����C � .
<br /> � Re�o f Deeda
<br /> `��
<br /> To B�
<br /> j� Texas Production Company Deputy.
<br /> I':. I+'ees�� 3.10
<br /> ;� �
<br /> Ii ea� a x�'`g OII� AND GAS MINING LEASE ���� o -70�
<br /> �! �fi� �� � �y �. .x. � �9� ��3� � .T.R.
<br /> i` n Agreement, entered into this 2� day of ebruarq , 19�� , between
<br /> ,:
<br /> ;I Qharlee Huebner, a widower; A1da,Nebraska
<br /> �, lessor (whether one or more), and TEXA.S PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> ' 1. Lessor in consideration of the sum or Fort 821(�. G�0�10� Dollars ($ �(j 2�
<br /> �; , � . ), itt hand paid, of the royalties herein provided
<br /> i� and the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto leasee, for the purpose of teating by any method for formakions
<br /> � and prospecting and drilling for and producing oil and gas, laying pipe linea, building tanka, storing oil and building powers, etatiana, 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 /> (I � d • Hall co,�ty, State of eb a ka, o- The eouth thirty acres of the s4uthwest quarter o
<br /> �i� o� t�ie northeast quarter,the east �ia�.� o�f `��ie northeast quarter,the north one-fourth c�f the e th
<br /> � w a r th�� g t �a t u r r nd S.� a t of h thwe u��t o t rthea
<br /> ��� ��� n� �� t�� riORa�I�a� q�arPe� �� ��ie n�i �ri s� u r�e�h� �� s���� Ra ��e �i �i�t��` �a� ��
<br /> �� i ° � aC re� m rerordl °s.�� sa �n° e �°snl ����d � ofn� e ca �e lu ��vi c�n o -
<br /> �, n� a s o�
<br /> t d a � o� t� nor�� r $ -
<br /> �e no � e � r�e n ��i Wee� � �re or ess. �(�8����te ,�o - c��o ,�o �� 0
<br /> �' n q es � ao e wee � � a �
<br /> nge�0 pes� a� co �a�'ning � ac aI � nor�i e�s� �ua, er
<br /> , and the sot� a�t uarter o� he no hea t te 8 at o 20, T sh p 1p �.ng U w s� nd
<br /> C�Iontainin� ��� acr�s more or �ese. �i�s� �he�t �al� o� �he ncr��wes� a.rid tfie �o� A �f anc� co
<br /> �aining 120 acres more or less of Section 2a,Toxnehip 10,1�ange :t0 W�st. And�"a11 eontaining �
<br /> 402 acxes more or lese.
<br /> . ��
<br /> ;;
<br /> �
<br /> 2. Subject to the other proviaions herein contained, this lease shall remain in force for a term of ten years from this date (hereinafter called "primar�
<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 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 vvelle or to the credit of lessor in the pipe line to which the wells may be connecCed, 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 tanka, lessor's intereat in either case to bear its
<br /> � proportion of any expense of treating unmerchantable oil to render it mercha,ntable 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 lessee shall sell gas at the weils lessor's royalty thereon shall be one-eighth of the amount realized Prom such sales. Lessee is hereby given the
<br /> � option of purchasing all or any part of said royal�y rights from the lessor at the best bona fide price offered by responaible 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�x'pefore pne �e a.r fQ�this date, this lease �h 1 then te te t l,et],. , unless
<br /> lessee ahall pay or tender to essor or to th@ c e it�,Q 1p ssor in 1�I�qT88K8. lYtl'��1 Bank at �rand ''�s�Y'an �evr(��ank is
<br /> � I� lessor's agent) the sum of T�wenty 811a ��(l�U �- - � � � + � � � � - - - - - - - Dollara ($��•�� )
<br /> ' (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, semi-annually, fn
<br /> like manner, and upon like payments or tendera, the commencement of drilling operations may be further defer;ed for periods of six months durfng the
<br /> prima,ry term. The payments or tenders of rental may be made by the check or draft of lessee mailed ur delivered to said baak 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, 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 suecessors,
<br /> � assigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lessee ahall not
<br /> Ibe heZd in default for failure to make such paymente or tenders until thirty days after lessor shall deliver to lessee an fnstrument fn 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 �md 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 reaumes the payment or tender of rentals. IE after the
<br /> discovery of oil or gas the production thereof should cease from any cause, this lease shall not be terminated thereby if lessee commences additioual drilling
<br /> o erations within su�t da s thereafter or if it be within the rimar term comm nce
<br /> P y y ( p y ) e s or resumes the payment or tender of rentals before the aext ,
<br /> 1 If a of
<br /> ensuin renta a in date. t the ex iration the rimar term oil o
<br /> g p y g p p y r gas is not being produced on said land but leasee is then engaged in drilling
<br /> � operations thereon, the Iease shall remain in force so long as drilling operations are prosecuted, and, if they result in the productiont 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, wood, coai and water from said land, except water from lessor's wella, for all operations hereunder; and the royalty on oil
<br /> I� and gas shall be fn the net quantity after deducting any so used for aperations. Leasee shall have the right at any time during or a,fter the expiratfon of this lease to remove
<br /> ��
<br /> jall property and fixtures placed by lessee on said land, including the right to draw and remove a11 casing. When required by leasor, Iea9ee w#ll,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 ori said land without lesaor'a consent. Lessor ehall have the privilege,
<br /> i at the risk and expense of lessor, of making connection and uaing gae from any gas well on said land for stoves and inside lights in the principal dwelling on said laad out
<br /> of any aurplus gas not needed for ope�ationa hereunder.
<br /> I 7. The rights of either party under this lease may be assigned in whole or in ga.rt and the provisions hereof ehaYl exxtend tor the heirs, yersonal lrepreaQx�tatives, eucceessrafl
<br /> ! and assigns, but no sale or asaignment by lessor shall operate to enlarge the obligations or diminish the rfghts and privilegea of Iessee, 8hot11d lessee asaign this lease in
<br /> whole or in part lessor shall look solely to the assignee for performance of its terkns as to the parts so a9signed. No sale or assignmqttt by lesao�,ahall be binding on leeaee
<br /> I for any purpose until lessee ahall be furni�hed with an instrument in writing evldencing such sale or assignment. If leasee asaigns this lease ft� paYt, the trbligation (if any
<br /> exiata) to pay rentals is apportioned as between the several owners ratably according ta the surface area of each, an@ default by one of them fn the
<br /> � �' payment oY renYals
<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. This lease ahall never be forfeited, cancelled, or terminated for failure by leasee to perform in whole or in part any of its impiled obligations, nor while oil or sas is-
<br /> � � being produced iri paying quantitiea for any cauae whatsoever, unless there shall first be a final �udicial ascertainment that auch obiigatlon or cauae exiata and that lesse�
<br /> �� fs in default. Upon such final determination, lessee is hereby given a reasonable time ther2after to comgly with such 6bligation, or, at lessee's elecEioa, to surrender the
<br /> �� lease, with the option of reaerving, under the terms of this lease, each producing well and ten acres aurrounding it to be seleeted by lessee. Lessee ahall not be liable in
<br /> I damages for breach of any implied obligation.
<br /> S. IY six or more persons be or become entitled to royalties hereunder, they ahall by sufficient written instrument designate some ag'ent to receive payment for sI2,
<br />' O ! and lessee ahall not be required to make payment until such inatrument is furnished.
<br /> ' 10. When drilling or other operationa are delayed or interrupted by lack oY water, labor or material, or by fire, storm, flood, war, rebellion, inaurTection, rLot, stTike,
<br /> I differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a resuit of some qrder, requisition or neceaeity oi the government,
<br /> � � or as the result of any cause whatsoever beyond the control oE the lesaee, the time of such delay or interruption shail not be counted agsinat leasee, anything in this lease to
<br /> �j the contrary notwithstanding.
<br /> N i; il. Lessor hereby warrants and agrees to defend the title to said land and agrees that leasee, at lessee's option (but without any duty to do so), may paq and diacharge
<br /> `� ariy taxes, mortgages or other liena upon said land, and in that event lessee shall be submgated to auch lien, with full r�ght to enforce the same, and in addition thereto may
<br /> retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. If lessor owns an interest in said lattd leas th�n the entire fee aimple eatate;
<br /> � i then the royalties and rentals to be paid lessor sha11 be reduced proportionately. Should the right or intereat of lessee h2reunder be diaputed by leasor, or any other person,
<br /> the time covered by. the pendency of such dispute shall not be counted against lessee either as afYecting the term oi"the lease or the time for payment of rentals or
<br /> � ;� royaltiea or for any other purpose, and lessee may suspend all payments until there is a final adjudication or other determination oi auch dispute.
<br /> � IN WITNESS WHEREOF this instrument is executed on the date first above written.
<br /> , � �! �7ti�3o�'by �,itz DES� � D ��ATA . - Charles Huebner es�aL�
<br /> � � � csEa.L�
<br /> �
<br /> LFSSOR ',
<br /> Att�st: J.C.Hudnall �s�� TEXAS PRODUCTIOI�7 CO�PAN3t, '
<br /> �� �y A.R.Ylilson
<br /> Assistant Secretary. � Vice President
<br /> � � , IrE8SE�3
<br /> �� STATE OF NEBRASKA, �
<br /> �; County of HFLl�. � �s' �� �
<br /> � On this 2� day of February , 193� , before me, a Notary Public, in and for �d County,personally came the above named
<br /> I� Ci218.1"�.e$ Huebner and a Widower ,�g�, �ho�lt personail�j, Qwn to me to be the identical II
<br /> personX whose names are affixed to the above instrument as lessor�and '.he;� each acknowledged said instrument to be YE�SVOlttntary act and deed. ,
<br /> i Witness my hand and Notarial Seal the date last aforesaid.!SEAL� �
<br /> � � Z �R E/I Y 9 Notary Public. �I
<br /> iMy commission expires on the 16tb aay of ��h , 1gJ5 ,
<br /> STATE OF COLORADO, �
<br /> ss.
<br /> City and County of Denver, �
<br /> On this 23 day of Ap r i 1 , i9 30 , before me,a Notary Public, in and for said County,personally came the a'bove na.med
<br /> � �.�•�i1B�11 , Vice President and J.Ci•H11�lA�.a. ' Assietant Secretary of said Texas Production Company, who
<br /> iare peraonally known to me to be the identical persons whose names are affixed to the above instrument as Vice President and Aasistant Secretary oP 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.
<br /> (SEAL) John Nota�ry Pub i�cm
<br /> M commission ex ires on the 3� dav of �CtOb@T 1
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