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� �� �� 53
<br /> ��������������� ������ �
<br /> STATE OP NEBRASgA,}
<br /> From Hall County, �t ss.
<br /> �"rank P.�aufman,sin�le
<br /> I hereb� ce�rtif,y that this instrumer��t uuas filed for record in. my of fioe
<br /> . at 8 n'clocic A.�y1., Iday 28 19 30 , and is
<br /> dul� reco7•ded in book p Qp pa�e 5
<br /> ��,.��-�-��'
<br /> Register of Deeds
<br /> To B�
<br /> Texas Production Company Deputy.
<br /> _ �'ees,� 2.65
<br /> ea e �. � o OIL AND GAS MINING LEASE ea � •0-604
<br /> . r n Bo k 31����9�� � J.T.N.
<br /> �� �$ Bp �•T N• aa or Ma.rcn �
<br /> �n � !'eemenL, enterec� into this 1$�trl y > 19 3 , betweea
<br /> �rank P.Kaufman,a single man
<br /> lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> 1. Lessor, in consideration of the sum of fourteen Dollars ($1.�.�� ), in hand paid, of iche royaltiea herein provided
<br /> and the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto leasee, for the purpose of testing by any method for formations
<br /> and prospecting and drilling for and producing oil and gas, laying pipe linea, building tanks, storing oil and building powera, stations, telephone lines
<br /> and other structures (including houses for employeea) thereon, to produce, save, take care of, Lreat and transport said products, the following described
<br /> land in HB,�.�. County, State of Nebraska, to-wit:
<br /> - the west half of the south west quarter �and the -south half of the south west quarter of the
<br /> north west quarter and the south east qua.rter of the north West qua.rter of sec. 17,
<br /> Twp. 12,Rge 9 ;�11. - 140 acres more or leas.
<br /> �
<br /> 2. Subject to the other provisions herein contained, this lease ahall remain in force for a term of ten years from this date (herefnafter called "primaty
<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 this lease
<br /> in whole or in part.
<br /> 3. The royalties reserved by lessor, and which ahall 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 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 /> 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 intereat in either case to bear fta
<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 ao sold or used, provided that �
<br /> if and when lessee shall sell gas at the wells leasor's royalty thereon shall be one-eighth of the amount realized from such salea. Lesaee 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 drilling operations are not commenced on said land on or before one ear from this date, thia lease shall then terminate as to both parties, unlesa
<br /> lessee ahall pay or.tender to lessor or ta the credit of lessor in peoples �t8.t6 Bank at(�8.nC1 I818I1C1 NE$T (which bank is
<br /> lessor's agent) the sum of 6eVCA � - � � - " " - - � " � �'� ' ' - - �' ' "' Dollaxs ($ �.tJ )
<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 operai�ions 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 �r 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 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 successors, \
<br /> assigns or legal representatives of lessor. If such bank (or any successor ba.nk) should fail, liquidate or be succeeded by another bank, lessee shall not �\\,
<br /> be held in flefault for failure to make such paym.ents or tenders until thirty days after lessor sha11 deliver to lessee an instrument in writing duly �-?
<br /> executed and acknowledged, naming another bank as agent to receive auch payments or tenders. The down cash payment is consideration for this leasa ,
<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 ga,s on said land lessee should drill a dry hole or holes thereon, this lease shall not be terminated thereby if leasee, l�
<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 shail not be terminated thereby if lessee commences additfonal drilling � � �
<br /> operations within sixty days thereafter or (if it be within the primary term) commences or reaumes the payment or tender of rentaLs before the next `��
<br /> ensuing rental paying date. If at the expiration of the primaxy term oil or gas is not being produced on said land but lessee fs then engaged in drilling
<br /> operations thereon, the lease shall remain in force so long as drilling operations are proaecuted, and, if they result in the production of oil or gas, ao long �
<br /> thereafter as oil or gas is or can be produced from any well on said land.
<br /> 6. Zeasee shall have the free use of oil, gae, wood, coai and water lrom said land, except water from lessor's wells, for all operations hereunder, and the royalty on oil �
<br /> and gas aha11 be in the net quantity after deducting any so used for operatiana. Lessee shall have the right at any time during or after the expiration o! thia lease to remove
<br /> all �ropertY a.nd fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by lessor, lesaee will bury a11 pipe linea below �
<br /> ordinary plow depth, and no weil shall be drilled within two hundred feet of any reaidence or barn now on said land without lesaor's consent. Lessor ahall have the privilege,
<br /> at the risk and expense of lessor, of making connection and using gas from any gas well on said land for atoves and inside lights in the principal dwelling on said land out
<br /> of any aurplus gas not needed for operationa hereunder.
<br /> 7. The rights of efther party under this lease may be assigned in whole or in part and the provisions hereoP shali extend to the heira, personal repreaentativea, succeasora
<br /> and asaigns, but no sale or aseignment by leasor shall operate to enlarge the obligations or diminish the rights and privileges of lessee. Should lessee assign this lease in
<br /> whole or in part lessor ahall look solely to the assignee for performance of ite terxns as to the parte ao asaigned. No sale or assignment by lessor sha11 be binding on leasee
<br /> for any purpose until lessee shall be furnished with an instrument in writing evidencing such sale or assignment. If leasee assigns this lease in part, the obligation (if any
<br /> exiets) to pay rentals is apportioned as between the several ownere ratably according to the surPace area of each, and default by one of them in the payment oE rentale
<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 ahall never be forPeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its implied obligations, nor while oil or gas fa
<br /> being produced in paying quantities for any cause whatsoever, unless there shall first be a final judicial ascertainxnent that such obligation or cause exiats and that leasee
<br /> is in default. Upon such final determination, leasee is hereby given a reasonable time thereafter to comply with such obligation, or, at lessee's election, to surrender the
<br /> lease, with the option oP reserving, under the terms of thfa lease, each producing weli and ten acres eurrounding it to be selected by lesaee. Lesaee ahall not ba liable ia
<br /> damages Eor breach of any implied obligation.
<br /> 9. IY aig or more peraons be or become entitied to royalties hereunder, they ahall by sufficient written instrument designate some agent to receive paymeat for all,
<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, atorm, flood, war, rebeilion, insurrection, riot, atrike,
<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 o! the government,
<br /> or as the result of any cause whatsoever beyond the control oE the lessee, the time oY such delay or interruption aha11 not be counted against lessee, anything in this lease to
<br /> the contrary notwithstanding.
<br /> 11. Lessor hereby warrants and agrees to defend the title to said land and agreea that lessee, at lessee's option (but without any duty to do so), maq pay and discharge
<br /> ariy taxes, mortgages or other liens upon said land, and in that event lessee sha11 be aubrogated to such lien, with full right to enforce the saxne, and in additioa thereto may
<br /> retain for the satisfaction of sueh lien and intereat all royalties or rentals accruing hereunder. If lessor owns an interest in said land leas than the entire fee afmple eetate,
<br /> then the royalties and rentals to be paid lessor shall be reduced proportionately. 8hould the right or interest ot lessee hereunder be dieputed by lessor, or any other person,
<br /> the time covered by the pendency of auch dispute ahall not be counted against leasee either as affecting the term of the lease or the time for payment oi rentals or
<br /> royalties or for any other purpose, and lessee may auspend all paymenta until there is a finai adjudication or other determination of such dispute.
<br /> IN WITNESS WHEREOF this instrument is executed on the date first above written. • ,
<br /> �. APPRO�EDW�B T0 �'rank P.Raufman csr�L�
<br /> �°��e19�� F_-ypF.�I.L. DESCR P T N e�DATA . csFaz.�
<br /> . �r��� � L�s�oR
<br /> �
<br /> TE�AS PRODUCTION COMPANY,
<br /> At��t: �co�3 - �
<br /> SEAL By A.R.�Ii lson
<br /> �:C-Hudna// Assistant Secretary. Vice President
<br /> - � � LESBEE
<br /> STATE OF 1�LE�Bi1�-SKA,
<br /> County of
<br /> II ]. � sa.
<br /> On this 1$� day of �arch , 19 3�, begore me, a Notary Public, in and for said County, personally came the above named
<br /> �'rank P.1{a,L1ft�18,I1 �- a single 1118Y1 ,-tii3'�CC�'2, who are personaily known to me to be the identical
<br /> persons whose names are affixed to the above instrument as lessors, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> Witneas my hand and Notarial Seal the date last 3�f,�resaid. - I.R.Alt e r
<br /> - - �� i� � (�EAL) ��Q � ������ xotary Publia.
<br /> My commission expires on the 23 day of A�uSt , 19�1 , �� ��'-�
<br /> STATE OF COLORADO, `'T���f��{� ���- � �
<br /> � L/ `a "�`� "
<br /> 88.
<br /> City and County of Denver, %s�'��?`�4�4�Y.{� '
<br /> On this �3 day of April 19 30 , bef ine, a Notary Public, in a.nd or sai�ount'��s �me the ve named
<br /> A.�.�1180I1 , Vice President and �•C•x��a'�� � - Assistant Sec tary�f Te uc o "pany, who
<br /> are personally known to me to be the identical persons whose names are affixed to the above instrument as Vic� resid .� �n c��a stant Secr tary of said
<br /> corporation, and they acknowledged the instrument to be their voluntary act and deed and the volunta,ry act and de of �a'titeQra6�io yg�TOlq
<br />�, Witness my hand and Notarial Seal the date last aforesaid. �ti�h •
<br /> - (SEAL) _________ xotaiy PubHa
<br /> M commission e ires on the 0 da of 0 e t ob er , 18
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