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<br /> ______—�__�e ___---�_
<br />--. . . . Bb S—STA7E.101IRNAL COMPANY.LINCOLN.NE6 . . ..'.. � . .. - --.. . . .. ...-- ... ... ..-_.._.__..._._._.__. �_'_'___.._..__. . __�_ . __._ .. ..
<br /> STATE OF NEBRASKA,�
<br /> I Ftom Hall County, ss.
<br /> �� Willia.m H.Raufman & wife
<br /> I hereby certify that this instrumer��t z.cas filed for record in my office
<br /> �� - at g dcl,ncic A. �1., I[8,y 28` 19 30 , and is
<br /> +i dul� recorded in book aQ� page 50 .
<br /> I: (
<br /> `r �
<br /> �I
<br /> `•/��R gister of eds
<br /> �
<br /> i� TO B�
<br /> �
<br /> j;
<br /> ,) Texas Production Company Deputy.
<br /> I+'ees
<br /> ��
<br /> ; .65
<br /> `i _ NEBRA�SA
<br /> !; e8 �� o B OIL A.ND GAS MINING LEASE � � b �- �
<br /> - ;� ����� � $v g. x. . ��� ��3� � T.
<br /> i; A n A g r e e f n e n t, e n�e r e d i n t o t h i s Z,�t�1 d a y o f I�d a,r c h , 1 9 �Q , �e�t w e e n
<br /> '� Nilliam H. Kaufman and Anns 8a.ufma,n,his wife
<br /> � .
<br /> i� lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lesaee. i
<br /> � 1. Lessor, in consideration of the sum of • t611 Dollars (� 10•�� ), in hand paid, of the royalties herein provided
<br /> � and the agreements of lessee herein contained, hereby grant�, 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, atoring 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 ��,1], County, State of Nebraska, to-wit:
<br /> � the north half of the northwest uarter and the north half of the south �eest
<br /> q quarter of the
<br /> �! north�est qua,rter of eec. 17,Twp. 12, Rge 9 N. containing 100 Aares more or -lees. �
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<br />'I � 2. Subject to the other provisions herein contained, this lease shall remafn in force for a term of ten years from this date (hereina,fter ealled "primary
<br /> � term") a,nd as long thereafter as either oil or gas is or can be produced from a,ny well on said land; however, lessee at any time'may release this lease
<br /> �iin 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 �cvells 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 /> ii 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 interest in either case to bear its
<br /> � proportion of any expense of treating unmerchantable oil to render it merchantable as crude, and (b) on gas produeed from said land and sold or used off
<br /> the la.nd 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 thaC
<br /> I, if and when lessee shall sell gas at the wells lessor's royalty thereon shall be one-eighth of the amount realized from such sales. Lessee is hereby given the
<br /> I; option of purchasing all or any part of said royal�y rights from the les�or at the best bona fide price offered by responsible third parties when and if
<br /> offered for sale or transfer by lessor.
<br /> j 4. If drilling operations are not commenced on said land on or before one ear from this date, this lease shall then te inake as to both parties, unless
<br /> � lessee shgl pay or tender to�e,ssvoer or to the credit of les^or in ,First_Na�ional _ � _ _B� at_GranDo��1�8�.11(� ��]�I'which bank is
<br /> I lessor's a ent) the sum of 1 -� — V
<br /> �! (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. There�ter, semi-annually, in
<br /> 'I like manner, and upon like payments or tendera, the commencement of drilling operations may be further deferred for periods of six months during 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 bank on er before such date
<br /> � of payment. Driiling operations hereunder sha11 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 rentalin 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 another bank, Iessee shall not
<br />, I be held 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 /> executed and acknowledged, na,ming another bank as agent to receive such payments or tenders. The down cash payment is considera,tion for this lease
<br /> , according to its terms a,nd shall not be alocated as mere rental for a period.
<br /> � 5. If prior to the fliscovery of oil or gas on said land lessee should drill a dry hole or holes thereott,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 should cease from any cause, this lease shall not be terminated thereby if lessee commences-additiorial 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 neat
<br /> ensuing rental paying date. If at the expiration of the primary term oil or gae is not being produced on said land but lessee :is then engaged in drilling
<br />, ioperations 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 /> I6. Lessee shall have the free use of oil, gas, wood, coal and water trom said land, e$cept water Prom lessor's wells, for all operationa hereunder, and the royalty on oil
<br /> and gas shall be fn the net quantity after deducting any so used for operations. Lesaee shall have the right at any time during or atter the expiration of thia lease to reznove
<br /> j ali property and fixtures placed by lessee on said land, including the right to draw and remove ail casing. When required by leasor, lesaee wiil bury all pipg lines below
<br /> i ordinary plow depth, and no well shall be drilled within two hundred feet of any residence or barn now on sald land wit�out lessor's consettE. LessoT sha11 have the privilege,
<br /> at tk►e risk and expense of lessor, of making connection and using gas from any gas weii ott said land for stoves and inside lighta in the principal dweliing on said 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 provisions hereof ahall extend to the heira, personal representatives, successora
<br /> �� and assigns, but no eale or asaignment by lessor shall operate to enlarge the obligations or diminiah the rights and privileges o1 lessee. ShoUld lesaee aasign f.his Iease in
<br /> , whole or in part lessor shall look solely to the asaignee for performance of its terms as to the parts so assigned. No �ale or asaignment by lesaor shall be binding on leasee
<br /> � for any purpose until lessee shall be furnf�hed with an instrurn,ent in writing evidencing such sale or assignment. If lessee assfgna this lease in part, the obligatfon (if any
<br /> exiats) to pay rentals is apportioned as between the aeveral owners ratably according to the aurface area of each, and default by one of them in the payment oi rentals
<br />' i shall 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 shall never be Porfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its implied obligations, nor while oil or gas is
<br /> I� being produced in paying quantities for any cause whatsoever, unless there shall first be a final judicial ascertainrnent that auch obiigation or cause exists and that lessee
<br /> � is in default. Upon such iinal determination, lessee is hereby given a reasonabie time therealter to comply with auch obligation, or, at leasee's election, to surrender the
<br /> lease, with the option of reserving, under the terme of�this lease, each producing weli and ten acres surrounding it to be aelected by lessee. Lessee ahall not be liable ia
<br /> � damages for breach of any implied obligation.
<br /> � ( 9. If aix or more persons be or become entitled to royalties hereunder, they shall by sufficient written instrument designate some agent to receive payment for atl,
<br /> and lessee 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 material, or by fire, storm, flood, war, rebellion, inaurrection, riot, atrike,
<br />, difPerencea with workmen, or failure of carriers to transport or furnish facilities for transportation or as a reault of some ord'er, req�isition or necessity of the gpv�rnment,
<br /> or as the result of any cause whatsoever beyond the control of the lessee, the time of such delay or interruption sha11 not be counted against lessee, anything in this lease to
<br /> � the contrary notwithstanding. ,
<br /> O 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 discharge
<br /> ariy taxes, mortgages or other liens upon said land, and in that event lessee shall be aubrogated to such lien, with full right tp 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 land lesa than the entire fee aimple eatate,
<br /> � then the royaltiea and rentals to be paid lessor shall be reduced proportionately. Should the right or intetest of lessee hereunder be disputed by lessor, or any other peraon,
<br /> the time covered bg the pendency of such dispute shall not be counted against lessee either as affecting the term of the lease or the time for payment of rentaYs or
<br /> N royaltiea or for any other purpose, and lessee may suspend alI payments until there is a final adjudicaUon or other determIuatton o1 auch dtspute. +
<br /> IN W TNESS WHEREOF this in�trument is e t e e t �
<br /> � Poste�d on Map ����$��.��em an������'�SN k DATA �illiam .H.Kaufman cs�aL�
<br /> ', 4�-4-193o by Litz. . Anna g�ufma:n csEar��
<br /> � � �
<br /> . �ssoR
<br /> Attest: �C,�RP� TEXAS PR.ODUCTION C�MPANY,
<br /> � � J.�,`.Hucit18,11 Asststan�t secreta . By a•R•�iIBOA .. , i
<br /> I I'3' Vice Pzesident i
<br /> j LESSEF
<br /> i� STATE OF NEB�i, � X��`� I
<br />� � i County'of � ss. � i
<br /> On this �.��tl day of Maroh , 18 �Q before me, a Notary Public, in and for said County, personally came the above named i
<br /> � ��.�.Z f 8Il1 $.galif Tt18A anfl Anna �S1�II18,A - , his wife, who are personally known to me to be the identical
<br /> i persons whose names are affixed to the above instrument as leasors, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> iWitnesa my hand,and Notarial Seal the date last aforesaid. �;�EAL
<br /> ) A.T.So r�rr�er�
<br /> r � o ry blic.
<br /> �� My commission expires on the 2� day of Jtl�.� , 19 ' 3�.
<br /> STATE OF COLORADO, )
<br /> ji City and County of Denver, ? ss.
<br /> I�� On this 2 day of A r i l , 19 Z0 , before me, a Notar Public in and for said Count
<br /> ; p / Y , y, personally came the above named
<br /> i 14.R.�� 6011 , Vice President and J,�+.�L1C�A8��. • • Assistant 8ecretary of said Texas Production�Company, who
<br /> are peraonally known to me to be the identical persons whose names are affixed to the above instrument as Vice President and Assxstant SeCretary of said
<br /> � corporation, and they acknowiedged the instrument to be their voluntary act and deed and the voluntary act and deed of said corporation.
<br /> ; Witness my hand a.nd Notarial Seal the date last aforesaid. (gEAL) John T.�p$'�TOYl�
<br /> Notary public.
<br /> �! M commission ex ires on the � da of Oetober Yg
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