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<br /> LS��'—y�J��j�l�l�1�►�1J��J�J� ��J�LJ�� W
<br /> STATE OF NEBRASI�A,� �
<br /> FrOm Hall County, ss.
<br /> �illiam H.Foster de 1�1fe I hereb� certify thcct this instrumey��t uas fided for record in. my o-ffice
<br /> _ at �` dcl,ocic a. a7., �Y 2� 19 3� , and is
<br /> dul� reco�°ded in book pQ� page � . � � •
<br /> ltegister of D ds
<br /> To B�
<br /> Texas Production Company Deputy. �
<br /> . I'ees,�3•�-0 �
<br /> ea T •A Hoo OIL AND GAS MINI1\TG LEASE ����}9�$o�y6J1 ,� �
<br /> �� � �$ . .
<br /> An Agreement, entered into this �}t�1 day og ldareh , 19 3� , between
<br /> llilliam H.Foster and l�ancy Foster hie Wife; . �
<br /> �
<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 DAB hundred two nonars ($ 1�2•�0 ), in hand paid, of the royalties herein provided
<br /> a,nd the agreements of lessee herein contained, hereby g'rants, leases and lets exciusively unto lessee, for the purpose of testing by any method for formations
<br /> a,nd proapecting and drilling for a.nd producing oil and gas, laying pipe lines, building- tanks, storing oil and building powera, atations, telephone liaes
<br /> and other structurea (including houses for employees) thereon, to produce, save, take care of, treat and transport said products, the following described
<br /> land in H811 County, State of Nebraska, to-wit: �16 east half of $@C'tf011 23, containing 320 aore
<br /> more or lese Island lots 1,2,4, of eection 14; Island lote 10,11 of aection 11, containiz�
<br /> . 200 acrea more or less. Ma�.inland lots 4,5,6,� 3 section 14, 1ta,inland lots 1,�, and the sout
<br /> half of the aorth east qua.rter aection 22 containing 295 aeres more or less, the south eagt 5 � ..
<br /> acres more or lees, south of the river in section 15; The north half of the eouth Rest quart r
<br /> amd the east half of the north west qus.rter and the south West quarter of the north west quar e�
<br /> of section 27, containing 200 acres more or less, all in township 10 north range 9 Rest and
<br /> containing in all 1020 aares more or lese.
<br /> 2: Subject to the other provisions herein contained, this lease ahall remain in force for a term of ten years from this date (hereinatter calle8 "primar'y
<br /> term") and as long thereafter as either oil or gas is or can be produced from any well on eaid land; however, lessee at any time may release thig lease
<br /> in whole or in part. '
<br /> 3. The royalties resexwed by lessor, and which shail be paid by lessee, are (a) on oii, one-eighth of that produced and saved fmm 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 interest in either case to bear ita
<br /> proportion of any expense of treating unmerchantable oil to render it mercha,ntable 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 caeinghead 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 auch sales. Lessee is hereby given the
<br /> option of purchasing aA or any part of said royalty rights from the lesaor at the best bona fide price offered by responsible third partiea when and if
<br /> offered for sale or transfer by lessor.
<br /> 4. If drilling operations are not commenced on said land o or�?efore�o�g ye�.r om this date, thia lease sh th n er to b th parties, unleas
<br /> lessee sha11 pay or tender tq�1g s qr� or to the cre t of 1 �s�r,.,�.n�K �Z 1J4�11�� _ Bank at �on�.p�i�6 SQ a(which bank is .
<br /> lessor's agent) the sum of l�'1�T�/ 0116 8,T1� 11�,11JV � " � " � � ' ' " — " ` ' ' ' Dollaxs ($�j�.V� )
<br /> (hereinafter called "rental"), which shall extend for six montbs the time within which drilling operations may be commenced. Thereafter, aemi-annually, ia
<br /> like manner, and upon like payments or tenders, the commencement of drilling operations may be further deferred for periods of six 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 shall be binding on the successors,
<br /> assigns or legal representatives of lessor. If such bank (or any auccessor bank) should fail, liquidate or be succeeded by another bank, lessee ahall not
<br /> be held in default for failure to make such payments 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 such payments or tenders. The down cash payment ia consideration for this leasa �
<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 /> before the next ensuing rental paying date, commences further drilling operationa 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 /> bperations 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 primaxy term oil or gas is not b2ing produced on said land but lessee is then engaged in drilling 1=\,
<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 v
<br /> thereafter as oil or gas is or ca,n be produced from any well on said land.
<br /> 6. Lessee shat3 have the free uae of oil, gas,��f{d�� and water from said land, except water from lessor's wells, for all operations hereunder, &nd the royalty on oil
<br /> and gas shall be fn the net quantity after deducting any so used for operations. Lessee ahall have the right at any time during or after the expiration o2 this lease to Pemove
<br /> all property and figtures placed by lessee on said land, including the right to draw and remove all casing. When required by lessor, lesaee will bury a11 pipe lines below �
<br /> ordinary plow depth, and no well sha11 be drilled within two hundred feet of any residence or barn now on eaid land without lesaor's consent. Lessor shall have the privilege,
<br /> at the risk and expense of leasor, of making connection and uaing gas from any gas well on said land for stoves and inaide lights in the principal dwelling on said land out �
<br /> oE aaiy surplus gas not needed for operations hereunder.
<br /> 7. The rights of either party under thia lease may be assigned in whole or in part and the provisioas hereof sha11 extend to the heira, personal representativea, aucceasors p ,
<br /> and assigns, but no sale or assignment by leseor shall operate to enlaxge the oblfgations or diminish the righta and privileges oE lessee. Should leasee assign this lease in '\1
<br /> whole or in part lessor ahall look aolely to the assignee for performance of its terma as to the parts ao assigned. No eale or asaignxnent by leasor shall be binding on lessee
<br /> for any purpose until lessee shall be furnished with an inatrument in writing evidencing auch sale or assignment. Ii lessee aseigna this lease in part, the obligation (i! any
<br /> exista) to pay rentals is apportioned as between the several owners ratably according to the surtace area of each, and default by one of them in the gayment ui rental8
<br /> aha11 not affect ttie validity of the lease on the portion of land upon which pro rata rentale are paid or tendered.
<br /> 8. This lease shall never be forfeited, cancelled, or terminated Por failure by lessee to perform in whole or in part any of ite fmplied,obligations, nor while oil or gas is
<br /> being produced in payfng quantities for any cause whatsoever, unless there ahall first be a final judicial ascertainn�ent that such obligation or cause esists and that lesaee
<br /> is in default. Upon such Yinal determination, lessee is hereby given a reasonable time thereafter to comply with auch obligation, or, at leasee's election, to surrender the
<br /> lease, with the option of reserving, under the terma of this lease, each producing well and ten acres surrounding it to be aelected by lesxee. Lessee aha11 not be liable in
<br /> damages for breach oY any implied obligation.
<br /> 9. If aix or more peraona be or become entitled to royalties hereunder, they shall by sufficient written instrument designate some agent to reCeive payment for a11,
<br /> and lessee ahall not be required to make payment until such instrument is furniahed.
<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, insurrection, llot, strike,
<br /> differences with workmen, or failure of carriera to tranaport or furnish Yacilities for transportation or as a result of some order, requiaition or necesaity of the governraent,
<br /> or as the result of any cause whataoever beyond the control of the lessee, the time of such delay or interruption ahall not be counted against lessee, anything in this lease to
<br /> the contrary notwithatanding.
<br /> 11. Leasor hereby warranta and agrees to defend the tftle to said land and agroes that lessee, at lessee's option (but without any duty to do so), may pay and diacharge
<br /> asiy taxes, mortgagea or other liens upon said land, and in that event lessee shall be aubrogated to auch lien, with full right to enforce the same, and in addition thereto may
<br /> retain for the satisfaction of such lien and intereat all royalties or rentals accruing hereunder. IP lessor owns an interest in said land lesa than the entire fee simple estate,
<br /> then the royalties and rentals to be paid leasor ahall be reduced proportionately. Should the right or interest ot lessee hereunder be disputed by lesaor, or any other person,
<br /> the time covered by the pendency of such dispute ahall not be counted against lessee either as affecting the.term of the lease or the tlme for payment o! rentals or
<br /> royaltiea or for any other purpoae, and lessee may suspend all paymente until there is a final adjudication or other determination o1 such dispute.
<br /> IN WITNESS WHEREOF this instrument is esecuted on the date first above written. � •
<br /> Poeted on �da.P � - DESC IPTIO����DATA William H.Fo�ter esEar.�
<br /> F ster es�.�
<br /> � Nanay o
<br /> =2 19 � bY �. .L. T.�.Freeman .
<br /> I� � 9 3 y��z i/.�o - LrssoR
<br /> ( p�p TEXAS PRODUCTION COMPANY,
<br /> Att�st: J.�.Hudnall , (SEAL By A.R,Wilson
<br /> Assistant Secretary. Vice President
<br /> �ssr+�
<br /> STATE OF NEBRASKA, )
<br /> County of H&11 � as.
<br /> On this �} day af �,&TCh , is 30 , before me, a Notary Pub13c, in and for said County, personally came the above named
<br /> l�i 11 iam H.�O 8�G T and �aney Fo s t er , his wife, who are personally known to me to be the identical
<br /> persons whose names are affixed to the above instrument as lessors, and th ey each acknowledged said instrument to be their voluntary act and deed.
<br /> Witness my ha,nd and Notarial Sea1 the date last aforesaid. C � �QAr �n_c.
<br /> . . ($EAL� . •zQai�t�+ b1f
<br /> �;��,
<br /> My commission expires on the 19 .4aay or J8A , is .35
<br /> STATE OF COLORADO,
<br /> � as.
<br /> City and County oF Denver,
<br /> On this 23 day of April , 19 �� , before me, a Notary Public, in and for said County, personally came the above named
<br /> A,R.��1.8011 , Vice President and J.C•Hu(�A$],1 Assistant Secretary of said Texas Production Company, Who
<br /> are person�liy known to me to be the identical persons whose names are affixed to the above instrument as Vice President and Aasistant Secretary of said
<br /> corporstion, and they acknowledged the instrument to be their voluntary act and deed and the volunta,ry act and deed of said corporation.
<br /> Witneas my hand and Notarial Seal the date last aforesaid. ���AL 1 J0�3II �P.�y8t�0II1 '
<br /> � Notary PubHa i
<br /> M commission e ires on the 0 day oP Oetober , 19
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