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<br />____ . _.__- ---__.--..__ _�.
<br /> ._ . . �—'STAT�.,JO[dRNAL COMPANY.LINCOLN�NEH � . .. . . . . . . _.__... . _.__ .. _..._�._.�Y._._.._— `�_._._.�____��,. .
<br /> STATE OF NEBRASSA,�
<br /> I From Hall County, ss.
<br /> � Charles �L.Powers � Wife I hereby certify that this ingtrumer��t was filed for r-ecord in my office
<br /> f� - at $ n'c1,nc7c A.�f., � 28� 19 30 , and is
<br /> Ij dul� recor•ded in book a Q�� page �S
<br /> I" �������
<br /> �i Register of Deeds
<br /> B�
<br /> " To
<br /> I;
<br /> 1; Texas Production Company veputy,
<br /> ;; . I�'ees,�2.6�j
<br /> �� _
<br /> � ea e� N , ''N- .. � ' � ea e �T-QI�k70
<br /> ,, � -�� o�ys ��:�: OIL AND GAS 1VIINIIlTG LEASE ��q������ �y J.T.�.
<br /> �; �� �� Y -
<br /> I) An Agreement, entered into this 19 day of Februarq , �a 30 , between
<br /> I! Clarence E.PoWers and Barbara Powers,his wi�e,
<br /> � lessor (whether one or more), a,nd TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> � 1. Lessor, in consideration of the sum of siateen Dollars (� �6•00 ), 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-
<br /> � a�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 structures (' ) thereon, to produce, save, take care of, Lreat and transport said products, the following described
<br /> i land in Hall County, State of Nebraska, to-wit:
<br /> �i North Half North Half 3ection Thirty Tr�o Township Tv�elve North Range Twelve West and �
<br /> Ni containing 160 acres more or 1.ess. .
<br /> �JI
<br /> �r
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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 (hereinafter called primary
<br /> " �� term") and as long thereafter as either oil or gas ie or can be produced from any well on said land� hn����*�..les9p� At any timP ,�,A,�. ,��a�+ao +h9a �o�ao
<br /> �
<br /> 3. The royalties reserved by lessor, and which ahall be paid by lessee, are (a) on oil, one-eighth of Lhat produced and saved from said land, the same
<br /> � j to be delivered at the wells 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 /> i� time, the market price at the wells of such one-eighth on the day it is run to the pipe line or storage tanks, les�or's interest in either case to bear ita
<br /> proportion of any expenae of treating unmerchantable oil to render it merchantable as crude, and (b) on gas produted from said land and sold or used off
<br /> I � 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 /> Iif and when lessee shall sell gas at the wells lessor s royalty fhereon shall be one-eighth of the amount realized from such sales.
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<br /> 3 , _
<br /> i 4. If drillin o erations are not commenced on said land o�y,,Qr efor one e ro�p t}��y date this lease sha11,,thc��� rm�nate as to both parties, unless
<br /> g P a7Tic�,�e �B�,AkY �� t'i8IT0 ' tiEi,lr� 1V6D
<br /> lessee shall pay or tender to,} ssQr or to the credit of lessor in '8'�k at � • (which bank fs
<br /> ! lessor's agent) the sum of 1'+��Il�'i DoAars ($ �•00 )
<br /> (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, semi-annually, in
<br /> 'I like manner, and upon like payments or tenders, the commencement of drilling operations may be further deferred for pgriods oP sfx 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 change or division in the ownership of said land, the payments or tenders of rental in the manner herein provided shali be binding on the successors, �
<br /> assigns or legal representatives of lessor. If such bank (or any successor bank) should faii, liquidate or be succeeded by another bank, iessee shalI not
<br /> � be Yield in default for failure to make auch payments or tenders until thirty days after lessor shall deliver to lessee an instrument in writing duly
<br /> I executed a.nd acknowledged, naming another bank as agent to receive euch payments or tenders. The down cash payment is considera,tion for this lease
<br /> • according to its terms and ahall 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 thereby if lessee commences additional drilliag
<br /> operations within sixty days thereafter or (if it be within the primary term) cominences or resumes the payment or tender of rentals before the negt
<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 engag'ed in drilling
<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 aha11 have the free use of oil, gas, wood, eeel and water from said land, except water from lesspr's wells, for all operations hereunder, and the royal�y on oil
<br /> and gas shall be in the net quantity after deducting any so used for operations. Lessee sha11 have the right at anY time during or_after the expiration o! this lease to Yemove
<br /> a1� property and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by lesaor, lessee will bury all pipe linea 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 lesaor's conaent. Lessor ahail have the privilege,
<br /> ' at the risk and expense of leseor, of making connection and using gas from any gas well on said land for stoves and fnside lighta in the principal dwelling on said.land out
<br /> �
<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 provisions hereof ahall extend to the heirs, personal representatives, succes�rs
<br /> and assigns, but no sale or assignment by lesaor shall operate to enlarge the obligatfons or diminish the rights and priVilegea of le$see. '
<br /> �rhda-rr j narf lrevnr ahall lnnk anlrly tn fha aaaig,q� f �n��-=--�-- �� -*- �_---- __ �_ .s. F ' a No sale or as�ignment by lessor eha11 be binding on leasee
<br /> � for any purpose until lessee shall be furnished with an instrument in writing evidencing such sale or assignment. IY less�e assigns thia lease in pa,rt, the obligation (iL any
<br /> exists) to pay rentals is apportioned as between the several ownera ratably accordIng to the surface area oE each, and default by one of them in the payment oE rentals
<br /> iI ahall not afiect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> (� 8. 'Thia lease ehaii never be Yorfeited�cancelled, es-�e�wi�se� for failure by lessee to perform !n whole or in part any oi its implied obtigations, nor while oil or gas is
<br /> i being produced in paying quantities for any cause whatsoever, unless there shall firat be a final 3udiefal ascertainment that such obligation or cause exiats and that les8ee
<br /> � � ie .in default. Upon such final determination, lessee is hereby given a reasonable time thereafter to comply with auch obligatfon, or, at lesaee`s election, to aurrender the
<br /> lease, with the option of reserving, under the terma of this lease, each producing well and tea acres surrounding it to be selected by lessee. Leasee aha11 not be liable in
<br /> � damagea for breach of any implied obligation.
<br /> � 9. If six or more peraons be or become entitled to royalties hereunder, they shall by aufficient writtett instrument designate aome ag'ent to receive payment for &11,
<br /> I and lesaee shall not be required to make payment until such instrument is furniahed.
<br /> 1 10. 'GVhen drilling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, atorm, flood, war, rebellion, inaurrection, ri0t, atrike, .
<br /> differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a reault of some order, requisition or necessity oY the governmeMt.
<br /> or as tha result of any cause whatsoever beyond the control of the lessee, the time of such delay or interruption ahall not be counted against lesaee, anything in this lease to
<br /> O I the contrary notwithstanding.
<br /> � 11. Lessor hereby warrants and a�reea to defend the title to said land and agrees that lessee, at lessee's option (but without anq duty to do so), may pay and discharge
<br /> ariy taxes, mortgages or other lfens upon said land, and in that event lessee shall be subrogated to sueh lien, with full right to enforce the same, and in addition therato may
<br /> � � retain for the satisfaction of such lien and interest all royaities or rentals accruing hereunder. If leasor owns an tnterest fn said tand less thatt the entire fee aimple eatate,
<br /> � then the royalties and rentals to be paid lessor ahall be reduced proportionately, Should the right or interest oP lesaee hereunder be diaputed by lessor, or any other peraon,
<br /> l� � the time covered by the pendency of such dispute shall not be counted against lesaee either as affecting the term of the lease oT the time for payment oi rentals or
<br /> royalties or for any other purpose, and lessee may suspend all payments until there ia a finai adjudication or other determina,ti0n oi auch dispute.
<br /> � IN WITNESS WHEREOF this instrument_� � ��on �e e first above written. Y
<br /> � 4= �1 $nb�a�itz D�i. 0���ATA Clarence �.Po�rers cs��
<br /> � I ( �3 y � �f�j�y , . Barbara PoRers cs�>
<br /> � I� . LFSSQR
<br /> i Attest: ��,'iQ�� TEXAS PRODUCTION COMPANY,
<br /> � J.C.Hudnall �3L'AL $y A.R.wi l8on -
<br /> Assistant Secretary. Vice President
<br /> T�ESSEB�
<br /> � STATE OF NEBRASK,A, � �s
<br /> � County of xa,]„� `
<br /> Be�or.e me, the ta.�dersigned, a �iotary-Publi�, in and ,for sai�1, 0�,un�ya amd State c�n th�.a 19 day;;
<br /> I� of Feby�,1930,personally appeared Clarence� �.Powers and Barbare Pm�ex$, �o me �nown 'tv be the ;
<br /> identical_ persone who eaecu�ed the, within and foregaing instr�ment a�id acl�iaQwled�ed to".m� tha
<br /> . .
<br /> �j th�y eaecuted t�e same ae their free and oluntary act and deed for the uses and�purp' oses the e-
<br /> i t f rt�i.
<br /> i �SFAL C"IVo�tarRpublic�
<br /> G�y�� un�er m hand an d a e da.y and year ast above written, .
<br /> My commission ex�iires on "�Z]„Lq ��—�,4��.° , . �`�t
<br /> STATE OF COLORADO, �'�
<br /> City and County of Denver, � ss'
<br /> On this 2/ day of �Pri� , i9 34, before me, a Notary Public, fn and for said County, personally came the above na,med
<br /> �.R.�f 1$O�l , Vice President and J.r+.F�11dT1&11 - • Asaiatant Secreta.ry of said Tesas Production Company, who
<br /> are personally known to me to be the identical persona whose names are affixed to the above instrument as Vice Preaident and Assi�tant Secretary of s8id '
<br /> corporation, and they acknowledged the instrument to be their voluntary act and deed and the volunta,ry act and deed of said corporation. I
<br /> Witness my hand and Notarial Seal the date last aforesaid. i
<br /> (SEAL) JN h��.�Nystro ,
<br /> M commission ex ires on the 30 da of OCtOUG'T 19�j�j.
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