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<br /> . HG F—STATE JOUBNAL COMPANY.LINCOLN.NEB. - . . .. .. ---. ... _.. ..____..–. -._-_-. — �_� ____�
<br /> STEITE OF NEBRA,.S�gA,�
<br /> � From Hatl Cou�zty, s�'
<br /> ` Bernhard A.Ni�moth,ein�le
<br /> I'
<br /> I hereby certify that this instrumer��t -uas filed for record �n my offiee
<br /> ' - at $ o'cl,ock A. D�i., MB.y 28 19 30 , and is
<br />� �' dul� recorded in book pQp page 5 .�
<br /> ` Re�ister of eeds
<br /> �, B�
<br /> To �
<br />, �' Texas Production Company De ut .
<br /> p y
<br /> �� _
<br /> �i F'ees,� 2.F�0
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<br /> �������� _�'��� � $o� B�� .N. � OIL AND GAS MI�NING LEASE e��� ��a� -J�T
<br /> , � � � � . �.
<br /> i� An Agreement, entered into this �.3'�h day og Mar�h , 19 �� , between
<br />� Bernhard A.I�iemoth, a si ie man ,Gra.nd �sland,Nebr. - -
<br /> �
<br /> �' lessor (whether one or more), and TEXA.S PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> i� 1. Lessor, in consideration of the sum of t►@A - Dollars ($ 1,0.�� ), in ha,nd 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 formationa
<br /> j and prospecting and drilling for and producing oil and gae, laying pipe lines, building tanks, storing oil and building powers, stations, telephone lines
<br /> �� and other structures (including housea for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following described
<br /> � land in �a,],], County, State of Nebraska, to-wit:
<br /> �'!,
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<br /> v�; the south half of the south west qua.rter o t e northwest quarter of sec. nine and the
<br /> ; south half of the noxtheast quarter of sec. fifteen in 2�vp. 12� R�e 9 W. containing 100 Acreg
<br />'I ''
<br /> more or less.
<br /> �!
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<br /> ' 2. Subject to the other provisions herein contained, this lease ahall remain fn force for a term of ten years from this date (hereinafter called "primary
<br /> t; term") a,nd 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 /> ?i 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 cvelle or to the credit of lessor in the pipe line to which the wells may be cqnnected, or, at the option of the leesee, 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 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 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 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 royalty rights from the lessor at the best bona fide price offered by responsible third parti�s when and if
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<br /> offered for sale or transfer by lessor.
<br /> �; 4. If drilling operations are not commenced on said land o or before_Qng Y�ar from this date, this lease s1�11 the?� te�m�n ate �s j�p k}-oth parties, unleas �
<br /> ;� lessee shall pay or tender to�e�vr�o_to the credit of lessor in�ebr. DI��.Ti 1 + _ 1 _ _ `Bank at4�i�TRZiQ 1B18,IIa D1�6P 4which bank is �
<br /> lessor's agent) the sum of 1 � — — — — — — — " ^ " "Dollaxs (� �• )
<br /> i (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 aix 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 such date
<br /> . of payment. Drilling operations hereunder sha11 be deemed to be commenced when the first material is placed on the ground. Notwithstanding any devoIu-
<br /> j 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 representativea of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lessee shall not
<br /> be held in default for failure to make such paymenta or tenders until thirty days after lessor shall deliver to lessee an 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 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 driil a dry hole or holes thereon,this lease shall not be terminated thereby if lessee,
<br /> i before the next ensuing rental paying date, commences further driliing 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 drilling
<br /> operations within sixty days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentais before the negt
<br /> " ensuing rental paying date. If at the expiration of the prima.ry term oil or gas is not being produced on said la.nd but lessee is then engaged in driIling
<br /> h 1 1 mai forc 1
<br /> o erations thereon t e ease shal re n in e so on as drillin o erations are rose uted and if th r s in h
<br /> ; p , g €' p p c , , ey e ult t e 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 /> I " 6. Lessee ahall have the free use oP oil, gas, wood, coal and water from said land, except water Prom lessor's wells, for all opeTatiOris hereunder, and the royalty on oil
<br />' �� and gas shall be in the net quantity after deducting any so used for operations. Lessee shalt have the right at any tirn� during or aL�er the expiration of this lease to remove
<br /> I ali property and fixtures placed by lessee on said land, including the right to draw and remove a11 casing. When required by lesaor, lea�ee will burY ail pipe l�nes below
<br /> 1 ordinary plow depth, and no well shall be drilled within two hundred feet of any reaidence or barn now on said land wiEhout lessor's consent. Lesaor sha11 have the privilege,
<br /> at the risk and expense of lessor, oP making connection and using gas from any gas well on said land for stoves and inside lights in the principal dwelliag on said land out
<br /> � of any aurplus gas not needed for operations hereunder. •
<br /> ' 7. The rights of either parEq under this lease may be assigned in whate or in part and the provisions hereof shatl extend to the heirs, personal representatines, successors
<br /> (' and assigns, but no sale or asaignment by leasor shall operate to enlarge the obligation� or diminish the rights and privileges of leseee. 8h0uld leasee aseign thia lease i�
<br /> i� whole or in part lessor shall look solely to the assignee for performance of ite terms as to the partg so assigned. No sale or asaignment by lesaor shall ke binding on lessee
<br /> for any purpoae until lessee shall be furnished with an instrument in writing evidencing such sale or assignmgnt. If lessee assigns this lease in part, the obligation (if any
<br /> �i exists) to pay rentals is apportioned as between the several owners ratably according to the surface area of each, and default by one of theu► fn the payment oi rentals
<br /> 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 forfeited, 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 /> � �� being produced in paying quantitiea for any cause whatsoever, unless there shall first be a final judicial ascertafxunent that such obligation or cauae exiats and that lessee
<br /> � �� is in dePault. Upon auch final determination, lessee is hereby given a reasonable time thereaSter to comply with such obl�gation, or, at lesaee's election to surrender the
<br /> lease, with the option of reserving, under the terms of this lease, each producing well and ten acres aurrounding it to be aelected by lessee. Lessee ahall not be liable in
<br /> �� damages for breach of any implied obligation.
<br /> 9. If aix or more persons be or become entitled to royalties hereunder, they shali by sufficient written instrument designate aome agent to receive payment for a11,
<br /> lessee shall not be re uired to make a ment until such instrumen i
<br /> and q Y t s furnish
<br /> � P ed.
<br /> � �! 10. When drilling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, atorm, fIood, war rebellion, insurrection, riot, strlke,
<br /> � �� differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a result of some order, requisition or neceasity oP the government,
<br /> or as the result of any cause whatsoever beyond the control of the lessee, the time of such delay or interruptfon shall not be couttted against lessee, anything in this lease to
<br /> the contrary notwithstanding.
<br /> � �; 11. Leasor 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 /> ry i� ariy taxes, mortgages or other liens upon said land, and in that event lessee shall be aubrogated to such lien, with full right to enforce the same, and in addition thereto may
<br /> �� retain for the satisfaction of such lien and 3nterest all royalties or rentals accruing hereunder. IP lessor owns an interest in eaid land leas than the entire fee aimple eatate,
<br /> �1 then the royalties and rentals to be paid leseor ahall be reduced proportionately. Should the right or interest of lesaee hereunder be disputed by leasor, or any other person,
<br /> � the time covered by the pendency of such dispute ahali not be counted against leasee either as affeeting the term of the leaae or the time for payment of rentaIs or
<br /> royalties or for any other purpose, and leasee may suspend all payments until there is a final adjudication or other determination of such dispute.
<br /> � IN WITNESS WHI:REOF this instrument is executed on the date f'r t above written.
<br /> i po t n �4a.g A Q Ep p p . Berahard A.Niemoth
<br /> � �, 4�—�—��j� by Litz DE���I�TI�AS&�DATA - y tsEaL�
<br /> ' � �i � ��2�.��j�A1821 �(SEAL) �
<br /> LFS$OR
<br />' '; Attest: (CORP TEXAS PRODUCTTON COMPANX,
<br /> ' J.C.Hudnall (sEAL3 By A.R.Wilson . - . �,
<br /> Assistant Secretary. Vice President �
<br /> � (� � � � � IrESSE� �
<br /> I STATE OF NEBRASKA.,
<br /> (� County of HB.�.�. ; sg' �
<br /> E� On this 13t�1 day of March , 19 3fl, before me, a Notary Public, in and for�aiad County,personally came the above named
<br /> I! Bernhard A.Niemoth �— a single ItlEl.?1 �h� ;�i��►1fe,who als�e personall_y}k��own to me to be the identical
<br /> �� person,� whose name:: �,S affixed to the above instrument as lessors, and—L'ht�*��lNE'h acknowledged said instrument to betii'21T�oluntary act and deed.
<br /> �; Witness my hand and Notarial Seal the date last aforesaid. �
<br /> i� (SEAL) �,"� F.J.�leary
<br /> �- � Notary Public.
<br /> �i My commisaion expires on the 21 day of OC'�• � 19 33 , r
<br /> �' STATE OF COLORADO,
<br /> � sa.
<br /> j� City and County of Denver,
<br /> '! on ttiis 2 aa of A ril 1s 0,
<br /> y p , 3 before me,a Notary Public, in and for said County,personally came the above named
<br /> i A.�.���.SO� , Vice President and J.�r•�1iCZI1@.�.1 Assistant Secretary of said Texas Production Company, who
<br /> iare personally known to me to be the identical persons whose names are affixed to the above instrument as Vice President and Assistant 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. {S��L� John T.�3T8'CTOttt
<br /> �; �
<br /> " My commission expires on the 3� day of Ootqber x9 7)3 1�'otary Public.
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