|
��
<br /> , ��!�'y'�J����J��`1���V� ����J�'� �� W �9�
<br /> STATE OF NEBRASgA,�
<br /> From Halt County, ss.
<br /> Nellie P".Redington,widow I hereby certif� that this inst��umerot uas filed for record in my office
<br /> . �t g Ncl,ocic A. D�7., 1i�8,y 28 19 30 , and is
<br /> dul� reeorded in book N Qp page 61 . �
<br /> �
<br /> Register of Dee s �
<br /> To B� �
<br /> Texas Production Company Deputy. �
<br /> . l+'ees,�6 2.65 . �
<br /> AS MINING �.EASE � a � •o -53� �
<br /> ����� �$nBy .�.x. OIL AND G 9� �9�8 �
<br /> 19 � between•
<br /> : An Agreement, entered into this �7 day of Februa.ry � 3 �
<br /> Nellie F.Redington, a wido�r
<br /> Iesaor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the lawa of Colorado, lessee.
<br /> 1. Lessor, in consideration of the sum of��liTtY TWO Dollars (� 32•�0 ), in hand paid, of the royaltiea herein provided
<br /> and the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto leasee, for the purpose of testing by any method for formationa
<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 atructures (including houses for employees) thereon, to produce, save, take care of, treat and transport said products, the following described
<br /> land in �8�.�. County, State of Nebraska, to-wit:
<br /> Aorth �est �uart�x and South East Qua,rter Section Twenty One Townehip l�ine North Range
<br /> Twelve '�est and containing 320 acres more or less.
<br /> ��
<br /> �'
<br /> � _
<br /> 2. Subj,ect to the other provisions herefn 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 /> in whole or in part. �
<br /> 3. T1ne 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 ma.y 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 expense 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 market price at the well of one-eighth of the gas so sold or used, provided tha,t � �
<br /> if and when leasee shall sell gas at the wells lessor's royalty thereon ahall be one-eighth of the amount realized from such sales: Lessee is hereby given the p
<br /> option of purchasing all or any part of said royalty rights from the lesaor 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 on or pefore one ye$�r from this date, this lease shal],, he�y ermin e�s to both parties, unless
<br /> lessee shall pay or tender to esspr or to the credit of lessor in F1x 8tr g�BT @ Bank at _i3�@1�DII��eD�•00 (which bank fs �
<br /> lessor's agent) the.sum of S�%Trl.°�Tl � r � � � — '� — — — '� — — — — — — '�� — Dollars ($�� • )
<br /> (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, aemi-annua,lly, 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 /> 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 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 tendera of rental in the manner herein provided shall be binding on the succeasors,
<br /> assigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lessee sha11 not
<br /> be heid in default for failure to make such payments or tenders until thirty days after lessor shall deliver to leasee 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 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 ahall 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, this lease shail 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 rentals before the nest
<br /> ensuing rental paying date. If at the expiration of the primary term oil or gas is not being produced on sa,id 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 /> 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 wells, for all operationa hereunder, and the royalty on oil
<br /> and gas shall be in the net quantity aYter deducting any so used for operations. Lessee ahall have the right at any time during or after the expiration oE thia lease to remove
<br /> all property and fixtures placed by leasee on said land, including the ri�ht to draw and remove all casing. When required by lessor, lesaee will bury a11 pipe lines below
<br /> ordinary plow depth, and no well ahall be drilled within two hundred feet o4 any residence or barn now on said land without lessor's consent. Lesaor shall have the privilege, �
<br /> at the risk and expenae of leasor, oi making connection and using gas from any gas well on said land for stoves and inaide lights in the prfncipal dwelling on said land out �
<br /> oE any surplus gae not needed for operations hereunder.
<br /> 7. The righta of either party under this lease may be assigned in whole or in part and the proviaions hereof ahall extend to the heirs, personal representativea, successora
<br /> and ussigna, but no sale or assignment by leasor shall operate to enlarge the obligations or diminiah the rights and privileges of lessee. Should leasee asaign this lease in
<br /> whole or in part lesaor shall look solely to the assignee for performance of its terms as to the parta so assigned. No sale or asaignment by lessor sha11 be binding on lesaee
<br /> for any purpose until lessee shall be furnished with an instrument in writing evidencing auch sale or assignment. If lessee assfgns this lease in part, the obligation (if any
<br /> exista) to pay rentals is apportioned as between the eeveral owners ratably accordfng to the surface area of each, and default by one of them in the payment oi rentals
<br /> shall not affect the validity o!the lease on the portion of land upon which pro rata rentals are paid or tendered. �
<br /> 8. This lease ahall never be forfeited, cancelled, ox terminated for failure by lessee to perform in whole or in part any oi its implied_obligations, nor while oil or gas is
<br /> being produced in paying guantities for any cauae whaCsoever, unless there shall first be a final judicial s�scertain�r�ent that euch obligation or cause esiste and that lesaee
<br /> is in default. Upon such final determination, lessee is hereby given a reasonable time thereatter to comply with such obligation, or, at lesaee's election, to aurrender the �
<br /> lease, with the option oY reserning, under the terms of this lease, each producing well and ten acres aurrounding ft to be selected by lessee. Lessee ahall not be liable in
<br /> damagea for breach oE any implied obligation. �
<br /> 9. If aix or more persona be or become entitled to royalties hereunder, they ahall by aufficient written inetrument designate some agent to receive payment for all,
<br /> and lessee ahall not be required to make payment until such inetrument is furnished. �
<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, inaurrection, riot, etrike,
<br /> differences with workmen, or Eailure of carriera to transport or furnish facilities for tranaportation or as a result of some order, requisition or necesaity oL the government,
<br /> or as the result of any cause whataoever beyond the control of the leasee, the time of such delay or interruption sha11 not be counted against lessee, anything in this lease to
<br /> the contrary notwithstanding.
<br /> 11. Leasor hereby warrants and agrees to defend the title to said land and agreea that lessee, at leasee's option (but without any duty to do so), may pay and diacharge
<br /> ariy taxea, mortgages or other liens upon said land, and in that event lessee shall be aubrogated to such lien, with full right to enforce the same, and in addition thereto may
<br /> retain for the satisfaction of such lien and interest all royaltiea or rentals accruing hereunder. If lessor owns an interest in said land leas than the entire fee aimple estate, �
<br /> then the royaitiea and rentals to be paid lessor shall be reduced proportionately. Should the right or interest of lessee hereunder be disputed by leasor, or any other peraon,
<br /> the time covered by the pendency of such dispute ahall not be counted against lessee either as affecting the term oP the lease or the time for payment ot rentals or �_
<br /> royalties or for any other purpose, and lessee may auapend a11 payments until there is a final ad3udication or other determination of auch diapute. C
<br /> _� T1�ESS W�REOF this instrument is egecuted on the date first above written. ' • '
<br /> O C� t� p AP g0q D AS '�4 Nellie F.Re�lington ts�.�
<br /> 3� i9�o ]� I•�•L• DE C I T�O�T � DATA
<br /> � I��Qm�n . cs�r.�
<br /> 3 r.r�ssox
<br /> Attest: �S�A�� TEXAS PRODUCTION COMPANY,
<br /> . . $ A.R.Ailsoa
<br /> J C �LlC�lall Assistant Secretary. y Vice Preaident
<br /> � I+ESS�
<br /> �
<br /> STATE OF NEBftASKA, �g .,�
<br /> County of Buf f alo �
<br /> On this
<br /> 2 d a o f F e b• , 1 8 30 , b e f o r e m e, a N o t a r y P u b l i c, i n a n d for ss�id Count y, personall y came the above named
<br /> � Y
<br /> ��],],i8 �.Redington and g W�CLO11 , his wife, who are personally known to me to be the identical
<br /> persons whose namea are affixed to the above instrument as lesaors, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> Witness my hand and Notarial Seal the date last aforesaid. �$�Aj�� Martin 3lattery
<br /> Notary Public.
<br /> My commisaion expires on the 'r)' t�l day oP JulY , lg 3� I
<br /> STATE OF COLORADO, �
<br /> ss.
<br /> City and County of Denver, � ,
<br /> Yl d ublic in and for said Count ersonall came the above named
<br /> �T C 19 3 before me a Notar P , y,p Y
<br /> On this 2� day of , , , Y
<br /> A:R.Nilson , Vice President and J.Ci•�1.1C�11A�.�. 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 instirument as Vice President and Assistant Secretary of asid
<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. �sEAL) John T•��S t T�
<br /> October ota�y b��.
<br /> My commiseion expires on the 3� day oE , i9 33 .
<br /> I` _
<br />
|