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<br /> --- 25--S7gS� FxPAAV:LIN�ZSCII.�LEB ___._�_�_—_ — ��
<br /> STf1TE OF NEBRASSA,�
<br /> From gaat County, �3'
<br /> �dward Roberts ,single et als
<br /> ;; I hereb y certi f y ty�at this inst�•umer��t uas f iled f or record an my o f f ice
<br /> ���; - at 8` o'c1.ocic A.�i., M8y 2g 19 3� , and is
<br /> duly recorded in book N(�p page 5'
<br /> .� ��� �
<br /> � j Registe�eeds
<br /> �� To By
<br /> J;
<br /> ;i Texas Production Company _ Deputy,
<br /> �:
<br /> " _ I'ees,�2•��
<br /> ;.
<br /> i, ea e . x-6o OIL AND G AS MININ G LEASE eS a •o "603
<br /> �; o B 4� �9�� }9 ��
<br /> ; ����� � � �. .N. J.T.N.
<br /> � � Agre�ment, entered into this ],7�Y1 day or M�.reh , 19 3� , between
<br /> �
<br /> ; . . .
<br /> R erts si le l�dar aret Rober s ei le Ha v Robe
<br /> , �dwar8 Roberts, aingley oeie Rob , ng , g t , ng , r �r rts,single,
<br /> '� h wife -
<br /> �, Alvin Roberts and Esther Roberts, is
<br /> i� lessor whether one or more) and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> �� ( ,
<br /> • Dollars in hand aid h ro al i h ro '
<br /> f� 1. Lessor, in consideration of the sum of siute�n ($ 2.6�OQ ), p , of '� e y t es erein p .vided
<br /> and the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto lesaee, for the purpose of testing by any method for formations
<br /> �;� and prospecting and drilling for and producing oil and gas, laying pipe lines, buiiding tanks, storing oil and building powers, stations, telephone lines
<br /> ; and other structures (including houses for empioyees) thereon, to produce, save, take care of, Lreat and tra.naport said products, the following described
<br /> ! land in $g�,], County, State of Nebraska, to-wit:
<br /> ( the north wes� quarter oY eec. �wo in Twp. 12,Rge.10 A. containing 160 Aore� more or less.
<br /> � � . ,
<br /> ,
<br /> � 7i
<br /> i!
<br /> �
<br /> _ �i
<br /> ��
<br /> 2. Subject to the other provisions herein contained, this lease shall remafn in force for a term of Cen years from this date (hereinafter called "primary
<br /> term") and as long thereafter as either oil or gas is or can be produced from any well on said land; however, lessee at any time may release this lease
<br /> �� in whole or in part.
<br /> �� 3. The royalties reserved by lessor, and which ahall be paid by lessee, are (a) on oil, one-eighth of that produced and saved from said land, the same
<br /> ;; to be delivered at the vvells or to the credit of lessor in the pipe line to which the wells may be connected, or, at the option of the lessee, from time to
<br /> ,� time, the market price st the wells of such one-eighth on the day it is run to the pipe line or storage tanks, leasor's intereat in either case to bear its
<br /> proportion of any expense of treating unmerchantable oil to render it merchantable as crude, and (b) on gas produced from said land and sold or used off
<br /> � the land or in the manufacture of gasoline, including casinghead gas, the market price at the well of one-eighth of the gas so sold or used, provided that
<br /> � if and when lessee shall sell as at the wells leasor's ro alt thereon shall be on -ei hth of the a
<br /> e mount realized fmm such sales. Lessee is hereb 'ven he
<br /> f option of purchasing all or any part of said royalty nghts from the lessor at the best bona fide price offered by responsible third parties when and if
<br /> offered for sale or transfer by lessor.
<br /> � 4. If drillin o erations are not commenced on said land on$�' befc� Qney ear om this date, this lease s 1 th erminat to both arties, unless
<br /> R lessee shall pay or tender to lessqr o the credit of lessor in at. j+�DOTp ��&�'►8 Bank a��• �3.�Or3/��b (which bank is
<br /> j lesaor's agent) the sum of @1��� � — � � — — " — � � � — — ! '� � � � — — — � " Dollaxs ($ �•� )
<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 tender�, 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 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 successors,
<br /> asai ns or le al re resentatives of lessor. If such bank or an successor bank should fail li uidate or be succeeded
<br /> 1 g g P ( Y ) , q by another bank, lesaee shall not
<br /> I be held in default for failure to make such payments or tenders until thirty days after lessor shall deliver to lessee an instrument in wxiting duly
<br /> � executed and acknowiedged, n�,ming another bank as agent to receive such payments or tenders. The down cash payment fs consideration for this lease
<br /> i according to its terms a.nd shall not be alocated as mere rental for a period.
<br /> ' 5. If prior to the discovery of oil or gas on said land leasee should drill a dry hole or holes thereon, thie lease shall not be ter�inated 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 additionai 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 nest
<br /> ensuing rental paying date. If at the expiration of the primary teim oil or gas is not being produced on said land but lessee is then engaged 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 oii or gas, so long
<br /> � thereafter as oil or gas is or can be produced from any well on said land.
<br /> ' 6. Lessee sha11 have the free use of oil, gas, wood, coal and water from said land, except water from lessor's wells, for all operatiqna hereunder, and the royaity on oil
<br /> �i and gas shall be in the net quantity after deducting any so used for operations. Lessee shall have the right at any time during or a,�ter the expiration oi this lease to remove
<br /> all property and fixtures placed by lessee on said land, including the right to draw and remove all casing. When requtred by leasor, 10ssee will bury all pipe lines below
<br /> �; ordinary plow depth, and no well ahall be drilled within two hundred feet of any reaidence or barn now on said land without lessoP's consent. I.esaor ahall have the privilege.
<br /> i i� at the risk and expense of lessor, of making connection and using gas Yrom any gas well on sa3d land for stoves and inside lights in the principal dwelling on said land out
<br /> � of any aurplus gas not needed for operations hereunder.
<br /> i 7. The rights of either party under this lease may be assigned in whole or in part and the provisions hereof ahaIl extend to the heirs, personal representatives, auccessors
<br /> I and asaigns, but no sale or assignment by lessor ahall operate tp enlarge the obligation� or diminish the rights and privilegea oY lexsee. $hould lessee asaign this lease fn
<br /> whole or in part lesaor shall look solely to the aseignee for perforxnance of its terms as to the parts so aesigned. No sale or assignm�nt by leasor shall bA binding on lessee
<br /> i for any purpose until lessee shall be furnished with an instrument in writing evidencing such sale or assignment. If lessee assigna thig lease in part, the obllgation (if a,ny
<br /> exiats) to pay rentals is apportioned as between the several owners ratably according to the aurface area of each, and dePault by one of them in the payment o1 rentals
<br /> xhall not affect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> 8. Thia lease ahall never be forfeited, cancelled, or terminated for failure by leasee to perform in whole or in part any of its implied oblJgatfons, nor while oil or gas ia
<br /> j being produced in paying quantities for any cause whatsoever, unless there shall first be a final �udicial ascertainment that such obligation or cause existe and that lessee
<br /> � is in default. Upon such final deterxnination, lessee is hereby given a reasonable time thereatter to comply with such obligation, or, at lessee's election, to aurrender the
<br /> lease, with the option of reserving, under the terms of this lease, each producing well and ten acres surrounding it to be selected by lessee. Lessee ahali not be liable in �
<br /> � damages for breach oE any implied obligation,
<br /> i 9. If six or more persons be or become entitied to royalties hereunder, they ahali by sufficient written instruxnent designate some a�ent to receive payment for a1i, �
<br /> I and lessee shall not be required to make payment until such instrument is furnished.
<br /> 10. When drilling or other operations are delayed or fnterrupted by lack of water, labor or material, or by fire, atorm, flood, war, rebellion, lnaurreCtion, riot, �trike,
<br /> I� differences with workmen, or failure of carriers to transport or furnish facilities Por transportation or as a result of some ordex, requ�sition pr neceasity of the governmerit,
<br /> I or as the result of any cause whatsoever beyond the control of the lessee, the time oE auch delay or interruption shall not be counted against lessee, anything in this lease to
<br /> 1 the contrary notwithstanding.
<br /> 11. Lessor hereby warrants and agrees to defend the title to said land and agrees that lessee, at leasee's option (but without anq duty to do so), may pay and discharge
<br /> � ariy taxes, mortgages or other liena upon said land, and in that event lesaee shall be subrogated to auch lien, with full Tight 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 intereat in s�.id land leas than the entire fee simpie estate;
<br /> i then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest of lessee hereunder be disputed by lessor, or any other person, '
<br /> �! fhe time covered by the pendency of such diepute shall not be counted against lessee either as affecting the term of the lease or the time for payment oi rentata or
<br /> ' royalties or for any other purpoae, and lessee may suspend a11 payxnents until there is a final adjudication or other determination of auch dispute.
<br /> IN WITNESS WHEREOF thia instrument is executed on the date first above written. �it�1�8T'� RO�J!!�'�8 .
<br /> i 3���e�9�� �yp�'.W.L. D�S�t FTI�A �sDATA � � iiare b rb$rte �s�� �
<br /> � �/2 �3�� r�� �� B cs�,z,� ,
<br /> , . e e �b te
<br /> er L�ssoR
<br /> � Atteat: �CQ_�� TEXAS PRODUCTION COMPANY, �
<br /> J.(ri•HtiCiD8,11 B�iA sy A.R.11ilaon
<br />� ;, �
<br /> � Assistant Secretary. � � Vice President i
<br /> � � � � � LESSEE �
<br /> ,� STATE OF 1VEBRASKA,
<br /> �� County of Hall �' sg' I
<br /> �
<br /> �����i���^��'�i�$n�' � �cber�er���l�l�e'�g°J�i�����i'�'��k�+ �n��`1��i��°��������'���ga I
<br /> EiA F A'. O P!T B�� EB @p" �T 9� W�.f @ , s wife, w o re persona y owa o me_to e e ntical
<br /> � persons whose names are affixed to the above instrument as lessora, and they ea.eh acknowledged said instrument to be their voluntary act and deed.
<br /> ( Witness my hand and Notarial Seal the date last aforesaid. �g�L� $.R,Ben�on
<br /> ' � Notary Public. �
<br /> My commission expires on the l�t day of g�b1� , 18 �5 . i
<br /> 1 �� i
<br /> � STATE OF COLORADO, s� ,
<br /> I City and County of Denver, !
<br /> � On this 23 day of �pT�� , 19 3� , before me,a Notary Public, in and for said County,personally came the above na,med �
<br /> ; �.�.�111son , Vice President and J•Q.�ut�II81�. ' Assistant Secretary of said Texas Production Compaay, who
<br /> � are personally known to me to be the identical persons whose names are affixed to the above instrument aa Vice President and Assisk�t Secretary of said
<br /> i 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. (syAL) John T,IQ�BtTOnl
<br /> � Nota Public.
<br /> �, t'3'
<br /> M commission expires on the 30 da of �CtObBT lg
<br />', �
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