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<br /> STATE OF NEBRASSA,�
<br /> t F1'om Habl County, �$'
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<br /> OY.J.Bt1Tg6T�1FSC�WGT I hereby certify that this inst�•umer��t �vcts filed for record in my office
<br /> � - at $ dclocic l�.Di., �� 2� 19 30 , anc� is
<br /> ; dul� recorded in book pt�N page 56 .�
<br /> �t
<br /> �i Register�eds
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<br /> ' To B�
<br /> i�
<br /> i� . Texas Production Company Deputy,
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<br /> � - I+'ees,�2.�`0
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<br /> Ii ea -e . OIL AND GAS MINING LEASE ea e . - �2
<br /> - ���fr� BnBBy .T.N. ����a}9�� r .�.a.
<br /> n o is aa ot ldarch 1
<br /> An reeme$t entered i t th y , 9 � , between
<br /> I � 5 3
<br /> jl �f.J.Burger,a widower poniphan, �'ebraska ,
<br /> ,� lessor (whether one or more), a�,nd TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> (; 1. Lessor, in consideration of the sum ofThirt� -� �OI100 Dollars ($ 3�.$Q ), in hand paid, of the royalties herein pro.vided
<br /> �� and the agreemente of lessee herein contained, hereby grants, leases and lets exclusively unto lessee, for the purpose of testing by any method for forma.tions
<br /> and prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing 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 Ha11 County, State of Nebraska, to-wit:
<br /> �; the south west quaacter section 36�; �'ainland lots 1,2,3,8�+ of Bectivn 35 containing 14S acre
<br /> � more c�r less, all in township 10, range 10 west and eontaining in akl 30g acres mcre or les .
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<br /> ° I` 2. Subject to the other provisiona herein contained, this lease shall remain in force for a term of ten years from this date (herein8,fter cailed "primary
<br /> �� term") and as long thereafter ae 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. Tl�e 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 /> �j 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, leasor's interest in either case to bear its
<br /> � ro ortion of an x n n r
<br /> �, p p y e pe se of treating unmerchantable oil to re de it merchanta,ble 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 seil gas at the welis leasor's royalty thereon shall be one-eighth of the amount realized from such salee. Lessee fs 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 o�y,,or efore o e f om this date, this lease sh the rmina to b h parties, unless
<br /> lessee shall pay or tender 1e�g or or to th c c�t ggsor in 1�a.I1� of '�on�p�han Bank at �on�p�ian,�e�ra �.which bank is
<br /> � lessor's agent) the sum of�lI�@@A $II� �V,��V — — ~� — — �^ — — — �- — — — — -� � � — Dollara ($ l,rj.�� )
<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 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 or delivered to said bank on or before such date
<br /> �
<br /> of payment. Drilling operations hereunder shall be deemed to be commenced when the first material is placed pn the grownd. Notwithstanding any devolu-
<br /> � tion chan e or division in the ownershi of said land the a ments or tenders of rental in the manner herein rovid d s
<br /> , g P P Y p e ha11 be binding on the successors,
<br /> �j assigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another ba,nk, lessee ahall not
<br /> � be held in default for failure to make such payments 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 ia considera.tion 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 leasee should drill a dry hole or holes thereon,this lease shall not be terminated thereby if lessee,
<br /> ibefore the next ensuing rental paying date, commences further drilling operations or commences or resumes the paym ent or tender of rentals. If after the
<br /> I� discovery of oil or gas the production thereof should cease from any cause, this lease shall not be terminated there6y if lessee commences additional drilling
<br /> i operations within sixty days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentals before the negt
<br /> ! ensuing rental paying date. If at the expiration of the primary term 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 oil or gas, so long
<br /> �j thereafter as oil or gas is or can be produced from any well on said land.
<br /> 6. Lessee shall have the free use of oil, gas, wood, coal and water from said land, except water from lessor's weila, for all operations heTeunder; and the royalty on oil
<br /> ' and gas shall be in the net quantity after deducting any so used for operations. Lesaee ahall have the right at any time during or after the espiration o! thia leaae to remove
<br /> '; all property and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by lessor, leasee a�ill bury a11 pipe linea below
<br /> � ordinary plow depth, and no well ahall be drilled with3n two hundred feet of any residence or baYn now on said land without lessor's consent. I.essor ahalY have the privilege,
<br /> I � at the risk and expense of leseor, of making connection and using gas from any gas well on said land for stoves and inaide lights in the principal dwelling on said land out
<br /> of any aurplus gas not needed for operations hereunder. �
<br /> ' 7. The righta of either party under thia lease may be assigned in whoIe or in part and the provfsions hereot shall extend to the heirs, personal representatives, succea5ors
<br /> � and assigns, but no sale or assignment by lesaor shall operate to enlarge the obligations or diminiah the rights and pPivileges of les�ee. Should lgsgee assign this lease fn
<br /> I whole or in part lessor shall look solely to the assignee for performance of its terms as to the parte so aasigned. No sale or axaignmeat by leasor shall be binding on lesaee
<br /> � ;� for any purpose until lessee shall be furni�hed with an fnatrument in writing evidencing such sale or assignment. If lessee aseigns this lease in part, the obligation (iP any
<br /> exista) to paq rentals is apportioned as between the several owners ratably according to the surface area of each, and default by one of them in the paymettt of rentals
<br /> � i ahall not aifect the validity of the lease on the portion of land upon which pro rata rentals are paid olr tendered.
<br /> �.�. � 8. This lease shali never be forfeited, cancelled, or terminated for iaflure by lessee to perform fn whole or in part any of ita implfed obligationa, nor while oil or gas ia
<br /> being produced in paying quantities for any cause whatsoever, unlesa there shall first be a final judicial ascertainncent that such obligation or cause exiats and that lesaee
<br /> ;� is in default. Upon such iinal determination, lessee is hereby given a reaeonable time thereatter to comply with auch obligation, or, at lessee's eleCt3on, to surrender the
<br /> I� 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. Lesaee ahall not be liable in f
<br /> i damages for breach of any implied obligation.
<br /> � i 9. If aix or more persona be or become entitled to royalties hereunder, they shali by sufficient written instrument deaignate aome agent to receive payment for a11,
<br /> I and lesaee 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, IIpod, war, rebellion, insurrectfon, Mot, atrike,
<br /> j differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as 8 result of som� order, requisition or necessity ot the government, I
<br /> Q� i or as the result of any cause whatsoever beyond the control of the lessee, the time of such delay or interruption ahall not be counted against lessee, anything in thia lease to
<br /> �y the contrary notwithstanding.
<br /> 11. Leasor hereby warrants and agrees to defend the titIe to said Iand and agrees that iessee, at lessee's option (but without any duiy to do so), may pay aad discharge
<br /> ariy taxes, mortgagea or other liens upon said land, and in that event lesaee shall be subrogated to auch lien, with full right to enforce the eame, and in addition thereto lnay
<br /> i retain for the satisfaction of such lien and intereat all royalties or rentals aceruing hereunder. If leasor owns an fnterest in said land less that� the entire fee simple esta,te,
<br /> � then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest of lessee herennder be disputed bY lesaor, or any other person,
<br /> � the time covered by the pendency of such dispute shall not be counted against lessee either as affecting the term oE the lease or the time for payment o! rentals or
<br /> royalties or for any other purpoae, and lessee may suspend a11 paymente until there is a final adjudication or other determination o1 such diepute.
<br /> ' IN WITNE98 WHEftEOF this instrument is executed on the date first above written. �
<br /> ' � I� �=7t��3onbpa�.�9.L. DE C I TIO]�A& DATA � - �1.J.Burger , cs��
<br /> '��, 1 �beman - . - . cs��
<br /> L�SSOR.
<br /> i Attest: Cf0I3P TEXAS PRODUCTION COMPANY,
<br /> J.C.Hudnall - �B�AL� sy A.R.1fil�on
<br /> ' Assistant Secretary. . Vice Pxesident
<br /> � � � � �
<br /> � �ssr+.� �
<br /> jSTATE OF NEBRASKA, ) � I �
<br /> County of H9.11 } ss. � i I,
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<br /> �� On this 5'�tl day of �&YGh , 19 �� , before me, A Notary Public, in and for County, persona.11y came the above named �
<br /> � �.J.��TgBT and , �e, who ��personal own to me to be the identical i ��I
<br /> persons whose name�$�e affixed to the above instrument as lessot$, and� each acknowledged said instrument to be�� voluntary act and deed.
<br /> � Witness my hand and Notarial Seal the date last aforesaid. �S�L� C•�i[•(f g=180A
<br /> Notary Public.
<br /> II My commission expires on the 19 day oP J8�• , 19 3�
<br /> STATE OF COLORADO,
<br /> � ss.
<br /> City and County of Denver,
<br /> ARs�i�$OA day of April , 19 30, before me, a Notary Pubiic, in and for said County, personally came the above named �
<br /> • • , 'Vice President and eJ.C.�11CLT1S�.�.- Assistant Secretary of said Texas Production CompBuy, who
<br /> are personally known to me to be the identical persons whose names are affixed to the above instrument as Vice President and Asaistarit 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 /> I Witness my hand and Notarial Seal the date last aforesaid. ���AL� JOZlA T.��8t1'OA!
<br /> Notary Public. �
<br /> M commfsaion ex ires on the � da of OCtOb@T 19 •
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