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<br /> LU��JJ���vJ��J�J� ��1��J�� '`'
<br /> STATE OF NEBRASSA,�
<br /> From Hall County, ss.
<br /> 1Irf180II �If.W11��111�', & wife I hereby certify ty�at this instrumer��t uas filed for record in my office �
<br /> . at 8' o'cl,ncic A. �i., May 28' 13 30 , and is
<br /> duly recorded in book �Qp page 57 . �
<br /> Register of�
<br /> To By �
<br /> Texas Production Cornpany Deputy. �
<br /> . Fees,� 2.SD �
<br /> e8 T �sn B, � OIL AND GAS MINING LEASE ����a}9�o �5 J9T.�. �
<br /> 3�`T ��3A":re$e�en ,'n��re`d into this 28'th day og Fe�brua.ry � " � , 18 30 , between
<br /> g �
<br /> �lilson Y�.Vlhiting and Ida �Phiting hie v�ife; Nood River, Nebraska. .
<br /> �
<br /> lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organizedf, under the laws of Colorado, leasee. �
<br /> 1. Lessor, in consideration of the sum of�'OL1TtrC6I1 Dollars ($ �.`t•�� ), in hand paid, of the royalties herein provided f,
<br /> and the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto lessee, for the purpoae of testing by any method Por formations "}
<br /> and prospecting and drilling for and producing oil and gas, laying pipe linea, building tanks, storing oil and buiiding powers, stations, telephone lines �
<br /> and other structures (including houses for employeea) thereon, to produce, save, take care of, tireat and transport said products, the following described
<br /> land in �81]. County, State of Nebraska, to-wit:
<br /> the east haif of the south east quarter of section 11; the west half of the south west
<br /> qua.rter of section 1•�; township 10 north, range 11 west and containing 140 acres more or less ,
<br /> and exoepting Union Paaific rail road right of waq, and the Linaoln High-Ray.
<br /> � ,,
<br /> 2. Subject to the other provisions herefn contained, thie lease shall remain fn force for a term of ten 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 sha.11 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 leasor in the pipe line �o which the wells may be connected, or, at the option of the lessee, from time to a
<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 merchanta.ble ae crude, and (b) on gas produced from said land and sold or used of! 1�
<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 ahall be one-eighth of the amount realized from such sales. 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 drillin o erations are not commenced on said land on„pxTe�fpre n ear frQm this date, this lease s�11 he t te �,nth �, �e�
<br /> lessee shall pay or tender to le�,s or or to the credit 1e�s or in 1�'1 Tr �5��OYla.l � � Bank at �*r�n� �'�aan ���r�i �bank ia
<br /> lessor's agent) the sum of L'3�°VC11 and no�(jV — — — — — � — — '� " ' ' ` ' " � Doliars ($�•00 )
<br /> (hereinafter cailed "rental"), which shall extend for six months 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 operaicions 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 auch 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 sha1l be binding on the successors,
<br /> asaigns or legal representatives 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 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 is consideration for this lease
<br /> according to its terms and sha11 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 lesaee, �
<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 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 aext
<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 is then eng'ag'�d fn drilling
<br /> operations thereon, Lhe lease shall remain in force so long as drilling operations are prosecuted, and, if they result in the production of oil or gas, eo long G
<br /> 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 irom said land, escept water from lessor's wells, for all operations hereunder; and the royalty on oil \*
<br /> and gas ahall be in the net quantity after deducting any so used for operations. Lessee ahall have the right at any time during or after the e$pirstion of this lease to retnove �
<br /> all property and fixturea placed by leasee on said land, including the right to draw and remove all casing. When required by lessor, lesaee will bury all pipe linea beloa v
<br /> ordinary plow depth, and no well sha11 be drilied within two hundred feet oP any residence or barn now on said land without lessor's consent. Lessor sha11 have the privilege, �1
<br /> at the riak and expense oP lessor, oE making connection and using gas from any gas well on said land for stoves and inside lights fn the princfpal dwelling on sa3d laud out '
<br /> of any surplus gas not needed for operations hereunder.
<br /> 7. The rights of either party under this lease may be assigned in whole or in part and the provisions hereof ahall extend to the heirs,personal representatives, auccessora
<br /> and asaigns, but no sale or assignment by leasor shall operate to enlarge the obligationa or diminiah the rights and privilegea of leasee. 8hould lesaee asslgn this lease in
<br /> whole or in part lessor ahall look solely to the asaignee for performance oE its terxna as to the parts ao assigned. No sale or assignment by lessor sha11 be binding on lesaee
<br /> for any purpose until lessee shall be furnished with an inatrument in writing evidencing such sale or sesignment. If lesaee asaigne this lease in part, the obligation (if any
<br /> exists) to pay rentals is apportioned as between the aeveral owners ratably according to the surface area of each, and default by one of them in the payment o! rentals
<br /> aha11 not aYfect 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 leasee to perform in whole or in part any oY its implied.obligations, noT while oil or gas is
<br /> being produced in paying quantities for any cause whatsoever, unless there ahall ffrst bo a final judic3al axcertain�r�ent that auch obligation or cause exists and that lesaee
<br /> is in default. Upon auch Yinal determination, leasee ia hereby given a reasonabie time thereafter to comply with such obligation, or, at leasee's election, to surrender the
<br /> lease, with the option oE reserving, under the terms of this lease, each producing well and ten acrea aurrounding it to be aelected by lessee. 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 ahall by sufficient written instrument desfgnate some agent to receive payment for all,
<br /> and lesaee aha11 not be required to make payment until such instrument is furnished.
<br /> 10. When drilling or other operatfons are delayed or interrupted by lack of water, labor or material, or by fire, atorm, flood, war, rebellion, insurrection, riot, atrike,
<br /> diPferences with workmen, or failure oY carriers to transport or furnish facilities for tranaportation or as a result of some order, requisition or necesaity oi the government,
<br /> or aa the result of any cause whatsoever beyond the control oY the lessee, the time of auch delay or interruption shall not be counted against lessee, anyYhing in thia lease to
<br /> the contrary notwithatanding.
<br /> 11. Lessor hereby warrants and agrees to defend the title to said land and agrees that lesaee, at lessee's option (but without any duty to do so), may pay and diacharge
<br />� aziy taxes, mortgages or other liens upon said land, and in that event lesaee shall be subrogated to auch lien, with full right to enforce the same, and in addition thereto may
<br /> retain for the satiafachon of euch lien and interest all royalties or rentals accruing hereunder. If leasor owns an interest in said land lesa than the entire fee aimple estate,
<br /> then the Toyalties and rentals to be paid lessor sha11 be reduced proportionately, Should the right or interest of leasee hereunder be disputed by lesaor, or any other peraon,
<br /> the time covered by the pendency of auch dispute aha11 not be counted against lessee either as affecting the term of the lease or the time for paym+ent oi rentals or
<br /> royaltiea or for any other purpoae, and lessee may suapend ail payments until there ia a final adjudication or other determination oi such dispute.
<br /> IN WITNESS WHEREOF this instrument is executed on the date first above written. • �
<br />, o e PPR 8 Tp 1lilson ll.11hitirrg csFai.�
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<br /> Atteat: /�^�` TEXAS PRODUCTION COMPANY,
<br /> �` �,; '� B A.R.Kilsoa
<br /> • • Vice Presiflent
<br /> el �r �11C�Yi811 Assistant secr ary.� y �
<br /> �� � � r�ss�
<br /> n,�° °��
<br /> STATE OF NEBRASKA, �
<br /> H8.1�. �, � ss.
<br /> County of �
<br /> On this 2$� day of February , 19 � , before me, a Notary Public, in and for said County, personally came the above named
<br /> t►11 s o n W._1Nh i t i ng and I� �i t i ng , his wife, who are peraonally known to me to be the identicai
<br /> persons whose names are affixed to the above instrument,as lessors, and th ey each acknowledged said instrument to be their voluntar�+ act and deed.
<br /> Witness my hand and Notarial Seal the date last aforesaid. R.R.�i11.�8
<br /> �A�:AL� Notary Public.
<br /> My commission expires on the 16�i�1 day oE Mar Ch , lg 35 ,
<br /> STATE OF COLORADO,
<br /> � as.
<br /> City and County of Denver,
<br /> On this 2� day of Me.reh , 19 3� , before me, a Notary Public, in and for said County,personally came the above nsmed
<br /> A.R.�ilson , Vice President and J.C.HuC�.Ylall . Assistant Secretary of said Texas Production, Company, who
<br /> are personaliy known to me to be the identical persons whose names are affixed to the above instrument as Vice President a.nd Assietant Secretary of said
<br /> corporation, and they acknowledged the instrument to be their voluntary act and deed and the volunta.ry act and deed of said corporation.
<br /> Witness my hand and Notarial Seal the date last aforesaid. �gEAL) John �.��TBtrOID '
<br /> NOtary Publia
<br /> My commission expires on the 30 day of Oetober , 19 33. '�
<br />
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