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<br />----_'---" _-�YAg,-rmnsa�2D�FAAY."LIN��TR�_:flEH _— —._---- -- – --
<br /> 11 From STATE OF NEBRASIZA, s�
<br /> I' Hall County, }
<br /> „
<br /> j' L1oyd Minor &Tld t��.f� I hereby certify tlzat this instrumert 2vas filed for record in mf office
<br /> j:
<br /> - at �` o'clocic A•�i. � 2� 19 3� , and is
<br /> dul� recorded in book �Q� page �� .
<br /> ` �
<br /> � I�egister o�ds
<br /> " To B✓
<br /> i; Texas Production Company veputy.
<br /> ;; I'ees�� 2.65 _ .
<br /> f epa Ta `� n ed. OIL AND �AS 1�/IINING LEASE e� a} $°�'S J6T.�.
<br /> '' 2 1� 1T� By J.T.N. �9 9 Y
<br /> �'' l� An Ag eemen�, entered into this 2� day of F'ebruaxy � , 19 30 , between
<br /> �' Lloqd Minor and Ru�h �I:�or,hie wife, t�ra,nd Island,Nebraska.
<br /> �� lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee. �
<br /> ' 1. Lesaor, in consideration of the sum of Eigh�' Dollars ($�•� ), in hand paid, of �he 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 /> �1 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 tranaport said products, the following described
<br /> � ' land in A�,],1 County, State of Nebraska, to-wit:
<br /> !� the south half of the north West quarter of section 10, township 11 north range 10 west
<br /> � ; a.nd containing �0 acres more or less.
<br /> ���
<br /> ��
<br /> ; 2. Subject to the other provisions herein contained, this lease shall remain in 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 /> II in whole or in part.
<br /> IF ' 3. The royalties reserved by lessor, and which sha.11 be paid by lessee, are (a) on oil, one-eighth of that produced and sa.ved from said land, the same
<br /> i � 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 at the wells of such one-eighth on the day it is run to the pipe line or atorage tanks, lessor's interest 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, inciuding 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 shall be one-eighth of the amount realized from such sales. Lessee is hereby given the
<br /> option of purchaeing 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 la.nd on or ore Qne�ye r rom is date, this lease sJ�all the� t�'?�nate�as es, unless
<br /> lesaee shall pay or tender to 1�s sor or to t�i e cre Q leasor in ��T 8 T. 1V8,��OYIa.� Ba.nk atl�TBIIQ 1 D 18IIG1 ����� bank is
<br /> lessor's agent) the•sum of 1�'OLiT 8AC! IIO�V� � � � —� — — — � '� -� — — — — — — — — — Dollars ($ ���0 )
<br /> j (hereinafter called "rental"), which shall extend for aix 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 durin the
<br /> g'
<br /> t" 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 /> ii 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 ahall be binding on the successora,
<br /> i' assigns or legal representatives of lessor. If such bank (or any succeasor bank) shouid faii, 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 ehall deliver to leasee an instrument in writing duly
<br /> executed and acknowledged, na�ming another bank as agent to receive such payments or tenders. The down cash payment is consideratfon 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 oiI or gas on said land lessee should drili a dry hole or holes thereon,this lease ahall not be terminated thereby if lessee,
<br /> �I before the next ensuing rental paying date, commences further drilling operations or commences or resumes the payment or tender of rentals. If after tha
<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 /> Q i! operations within suety days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentais 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 is then engaged in drilling'
<br /> � i, operations thereon, the lease shall remain in force so long as driiling operations are prosecuted, and, if they result in the production of oil or gas, so long
<br /> F Ii thereafter as oil or gas is or can be produced from any well on said land.
<br /> i' 6. Lessee ahall have the free use oE oil, gas, wood, coal and water irom said land, except water Yrom lessor's wells, for all operations hereunder, and the royalty on oil
<br /> and gas aha11 be in the net quantity after deducting any so used for operations. Lessee shall have the right at any time during o1'after the expiration of thia lease to remove
<br /> � all property and fixtures placed by leasee on said land, including the right to draw and remove all casing. When required by lessor, lessee wiil bury all pipe lines below
<br /> � �i ordinary plow depth, and no well shall be drilled within two hundred feet of any residence or barn now on said land without lessor's conaent. Lessor sha11 have the privilege,
<br /> i at the risk and expense of lessor, of making connection and using gas from any gas weli on said land for stoves and inside lighta in the principal dwelling on said land 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 shall extend to trie heirs, personal representatives, euccessors
<br /> � and assigna, but no sale or assignment by lessor shall operate to enlarge the obligations or dimin�sh the rights and privileges of ieasee. Should leasee assign thia lease in. �
<br /> � whole or in part lessor shall look aolely to the assignee for performance of its terms as to the pasts so assigned. No sale or asaignment by lesaor aHall be binding on lessee
<br /> t� for any purpose until lessee ahall be furni�hed with an instrument in writing evidencing such sale or assignment. If lessee assigna thi� lease in part, the obligation (if any
<br /> esists) to pay rentals is appoi�tioned as between the several owners ratably according to the aurface area oP each, and default by one oi them in the payment of rentals
<br /> � aha11 not affect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> i' 8. This lease shall never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its implied obligations, nor while oil or gas is
<br /> j,' being produced in paying quantities for any cause whatsoever, unless there ahail first be a final 3udicial ascertainmettt that such obligation or cause exiatS and th�t lessee
<br /> � is in default. Upon such tinal deterxnination, lessee is hereby given a reasonable t3me therealter to comply with auch obligation, or, at lessee's electfon, to surrender the
<br /> (� lease, with the option of reserving, under the terms oP this lease, each producing well and ten acres surrounding it to be selected by leasee. Lessee sha11 not be Iiable in
<br /> \ �; damages for breach of any implied obligation.
<br /> i' 9. If six or more persons be or become entitled to royalties hereunder, they shall by sufficient written instrument designate some agent to receive payment for a11,
<br /> l i and lessee shall not be required to make payment untii such instrument is furnished.
<br /> �i 10. When drilling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, storm, flood, War, rebellion, insurreeYion, riot, atrike,
<br /> Q differences with workxnen, or failure of carriers to transport or furnish facilities for transportation or as a result of some prder, re9uiq�tion or necessity ot the government,
<br /> ' or as the result of any cause whatsoever beyond the control of the lessee, the time of such delay or interrupti'on shall not be counted againat lesaee, anything in this lease to I
<br /> �j the contrary notwithstanding.
<br /> �; 11. Leasor hereby warrants and agrees to defend the title to said land and agrees that leasee, at leasee's option (but without any duty to do so), may pay and discharge
<br /> �; ariy taxes, mortgages or other liens upon sa,id land, and in that event lessee shall be aubrogated to such lien, with full right tp enforce the sa.me, and in addition thereko may
<br /> retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. If lessor owns an interest in eald land less tMan the entire fee simpie egtate,
<br /> ' then the royalties and rentals to be paid leseor shall be reduced proportionately. Should the right or interest of lessee heretunder be diaputed by leasOr, or any other person,
<br /> rh � �i the tfine covered by the pendency of such dispute shall not be counted against lessee either as affecting the term oi the lease or the time for paymeuY of rentais or
<br /> (� �; royalties or for any other purpose, and lessee may suspend all payments until there is a final adjudication or other determination of auch diapute.
<br /> v i; IN WITNESS WHER,EOF this instrument is executed on the date first above written.
<br /> Posted on Map DESCPI T�ONa� DATA � � Lloyd �dinor esEaL�
<br /> '� T. an Ruth Minor� cs�.�
<br /> �, 3-17-i93o by i.E.�. �' ���� �
<br /> �ssoR
<br /> II Atteat: (r�� TEXAS PRODUCTION COMPANY,
<br /> i� J.G.Hudna].1 �S�AL� sy A.R.Ailson - .
<br /> ; Aseistan ecret ry. � Vice President
<br /> i! }'� . LESSE� �
<br /> f� STATE OF NEBRASKA,
<br /> ' � ss.
<br /> i County of �$1�, ;
<br /> iI On this 2$� day of February , 19 3Q, b fore me, a Notary Public, in and for said County,personally came the above named
<br /> i; L1oyd Minor and Ruth ��.nor , his wife, who are peraonaliy known to me to be the identical �
<br /> �i persons whose names are affixed to the above instrument as lessors, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> �� Witness my hand and Notarial Seal the date last aforesaid. R.R.I�Ili�
<br /> �; (SEAL) (
<br /> Notary Public.
<br /> �i My commission expires on the 1��h day of �r Qh , 18 35 �
<br /> I STATE OF COLORADO, � �
<br /> I' City and County of Denver, � ss.
<br /> ?+ On this 2� day of �areh , 19 30, before me, a Notary Public, in and for said County, personally came the above named �
<br /> � A.R.�1�.BOA , Vice President and J.C•Hu(�Tlall • - Assistant Secretary of said Texas Production Company, who
<br /> �� are personally known to me to be the identical persons whose names are affixed to the above instrument as Vice President and Assistant Secretary of 8sid I
<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. 1
<br /> , (9EAL) John TN Nq�e�ro m
<br /> '� M commisaion expires on the 0 dav of October 3
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