|
���� ���( �11� Jj��_�'�,, /���' J�( �'(�( � J(�J� �� ((j 9)9) ��
<br /> !`�'u��J��J�1��1���J N�J� ���."'J��� W
<br /> STElTE OF NEBRASICA,�
<br /> From Hall County, 3�' �
<br /> John MSTt�Tl B.TId VP�fC I hereby certify that this instrumer��t was �led for record in my office
<br /> - at g dcl,ncic A. �i., M&y 2� 19 30 , and is
<br /> dul� recorded in book n Q� page 59
<br /> ������ ��� � .
<br /> Register of Dee s
<br /> To By
<br /> Texas Production Company veputy.
<br /> � I�'ees,$ 2.6 5 �
<br /> THE TE AS C A
<br /> �- �� OIL AND GAS MINING LEASE �����.1 �bo 'S�7
<br /> ������'��j�nB��J:T.N. 3 14 1930 B J.T.N. �
<br /> An Agreement, entered into this �g day of F'ebruary , 19 3� , between
<br /> JQhri Ya.rtin and Carrie Ma.rtin_ his wife; Alda �ebraska.
<br /> �
<br /> �
<br /> lessor (whether one or more), and TEXAS PRODUCTION COMPANY, corporation organized under the laws of Colorado, lessee. p�
<br /> 1. Lessor, in consideration of the sum of Fif teen 811C� 2���.�0 Dollars ($ 15•20 ), in hand paid, of iche royalties herein provided
<br /> and the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto lessee, for the purpose of testing by any method for formations
<br /> and prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powera, atations, telephone lines
<br /> and other structures (including houses for employees) thereon, to produce, save, ta.ke care of, Lreat and transport said products, the following described
<br /> land in �3�.1 County, State of Nebraska, to-wit:
<br /> the south west quart8r of section 6, township 10 north range 10 west less the Union
<br /> Pacific rail road right of way, and containing 152 acres more or less.
<br /> 2. Subject to the other provisions herein contained, this 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 thia lease
<br /> in whole or in part.
<br /> 3. The 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 /> 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 its
<br /> proportion of any expenae of treating unmerchantable oil to render 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 marltet price at the well of one-eighth of the gas ao sold or used, provided tha.t
<br /> if and when lessee shall sell gas at the wells lessor's royalty thereon shall be one-eighth of the amount realized from such sales. Lessee 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 responaible 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 efore o ye�r fro this date, thia lease sh 1 the te ate t�� , unlesa
<br /> lessee sha11 pay or tender to lessor or to he�cre t o lessor in �'�r$t �at10A8� Bank at �ra.n�d ��andg� ��bank is
<br /> lessor's agent) the suaz of $@V8A BrII� b���0� �' � — -� � — " � — � — ^ " " � " " — Dollars ($ 7,�0 )
<br /> (hereinafter called "xental"), 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 operatione 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 firet 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 bank) should fail, liquidate or be succeeded by another bank, lessee ahall aot
<br /> be held in default for failure to make such payments or tenders until thirty days after lessor ahall 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 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 drill 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 operations or commences or resumes the payment or tender of rentals. If after the .�
<br /> discovery of oil or gas the production thereof shouid cease from any cause, thfls lease ahall not be terminated thereby if lessee commences additional drilliag N
<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 next •
<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 ia then eng'ag'ed in drilling
<br /> operations thereon, the lease shaA remain in force so long as drilling operations are prosecuted, 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 eaid land.
<br /> 6. Lessee sha11 have the free uae of oil, gas, wood, coal and water from said land, except water from lessor's wells, for all operationa hereunder, and the royalty on oil
<br /> and gas ahall be in the net quantity after deducting any so used for operations. Leasee ahall have the right at any tfine during or after the expiration of this lease to remove
<br /> all property and fixtures placed by lesaee on said land, including the right to draw and remove all casing. When required by leasor, lesaee will bury all pipe linea below
<br /> ordinary plow depth, and no well sha11 be drilled wlthin two hundred feet of any residence or barn now on said land without lessor's consent. Lessor shall have the privilege,
<br /> at the risk and expense of leasor, 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 operations hereunder.
<br /> 7. The rights oP either party under this lease may be aseigned in whole or in part and the provisions hereof ahall extend to the heirs, personal representativea, aucceasora
<br /> and asaigns, but no sale or assignment by lesaor shali operate to enlarge the obligationa or diminish the rights and privileges oE lesaee. Should leasee aseign this le&se in
<br /> whole or in part lessor shall look solely to the asaignee for performance of its terms as to the parts so aasigned. No sale or assignxnent by leasor aha11 be binding on lesaee
<br /> for any purpose until lessee ahall be furnished with an instrument in writing evidencing auch sale or assignment. IL lessee aseigna this lease in part, the obligation (if any
<br /> exiata) to pay rentals is apportioned as between the several owners ratably according to the surface area of each, and default by one of them in the payment of rental8
<br /> ahall not affect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> 8. Thts lease aha11 never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any oP its implied obligations, nor while oil or gas ia
<br /> being produced in paying quantities for any cause whatsoever, unless there shall firat be a final judicial ascertafnxnent that such obligation or cause exists and that lessee
<br /> fa in default. Upon such ffnal determination, lesaee ie hereby given a reasonable time thereafter to comply with such obligation, or, at lessee's election, to surrender the
<br /> lease, with the option of reaerving, under the terme of this lease, each producing well and ten acres surrounding ft to be aelected by leasee. Lessee ahall not ba liable in
<br /> damages for breach of any implied obligation.
<br /> g. If aix or more peraons be or become entitled to royalties hereunder, they shall by sufficient written inatrument designate some agent to receive payment for all,
<br /> and lesaee ahali not be required to make payment until such instrument is furnished.
<br /> 10. When drilling or other operations are delayed or interrupted by lack oE water, labor or material, or by fire, storm, flood, war, rebellion, insurrection, riot, atrike,
<br /> differencea with workmen, or failure oi carriers to transport or furnish facilities for tranaportation or as a result of some order, requisition or necesaity of the government,
<br /> or as the result of any cause whatsoever beyond the control of the lessee, the time oi auch delay or interruption sha11 not be counted againat lessee, anything 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 lessee, at lessee's option (but without any duty to do so), may pay and discharge
<br /> ariy taxes, mortgages or other liens upon said land, and in that event lessee shall be subrogated to auch lien, with full right to enforce the san►e, and in addition thereto may
<br /> retain for the satisfaction of such lien and interest all royalties or rent�is accruing hereunder. If lessor owns an interest in sald land lesa than the entire fee simple eatate,
<br /> then the royalties and rentals to be paid leasor aha11 be reduced proportionately. Should the right or interest of lessee hereunder be diaputed by lesaor, or any other peraon,
<br /> the time covered by the pendency of auch dispute ahall not be counted against lesaee 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 suspend a11 payments until there fs a final adjudication or other determination oi such diapute.
<br /> IN WITNESS WHEREOF this instrument is exe o dat i'�p above written. � � '
<br /> Posted an Map DE � � NA� DATA - John Ma.rtin csEa�.�
<br /> 3-17 1930 by I.�.L. �/i ���m�,n . Carrie 3�artin cs��
<br /> z.�ssoR
<br /> Attest: � c�Rp) TEXAS PftODUCTION COMPANY,
<br /> J.C.Hudnall �SEAL) $y lI.R.Wilson
<br /> Assistant Secretary. Vice President
<br /> „°�, LESBE�
<br /> `,�.
<br /> ,,
<br /> STATE OF NEBRASKA,
<br /> County of Ha�.l s��
<br /> On this 2� day of �'@ TLiBTjT , 19 30 , before me, a Notary Pubiic, in and for said County, personally came the above named
<br /> JDYi?1 M&r t�A and C�T r�6 Mar t in , his wife, who are personaily known to me to be the identical
<br /> persons whose names are affixed to the above inatrument as leseora, and th ey each acknowledged said instrument to be their voluntary act and deed.
<br /> Witness my hand and Notarial Seal the date last aforesaid. ' R.R.�i1,�.�B
<br /> - t SFAL� Notary PubHc.
<br /> My commission expires on the 16��ay of �TCh , 19 3'r,' •
<br /> STATE OF COLORADO,
<br /> � ss.
<br /> City and County of Denver,
<br /> On this 2� day of March , 19 3� , before me, a Notary Public, in and for said County, personally came the above named
<br /> A.R.wj.l$OII , Vice President and J.C+.�uC�1811 _ Assistant Secretary of said Texas Production Co�pany, who
<br /> are personally known to me to be the identical peraons whoae names are affixed to the above instrument as Vice President and Asaistant Secretary oP 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. ���L� JOhII 2.Nyetrom
<br /> � Notaiy Pubiic.
<br /> M commission ex ires on the � day of Oetober , 19
<br />
|