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<br />---�--. _.__._. __�.TAZE 7IIIIRAAL���¢p[gR14Y..LTNCOLN..NEH_ .'-. .__.__ ...
<br /> STATE OF NEBRASI�'A,�
<br /> '' From : I�atl County, ��'
<br /> �� John J.Harmon, single
<br /> � I lie�°eby certify that this instrumer�•t 1r:cts filed for reeord in my offiee
<br /> �� _ at 8` o'cl,ocic A.D�7., �d8y 2�S 19 30 , and is
<br /> �� dul� reeorded in book �Qp page 6
<br /> �j . �
<br /> !i Re�ister of De da
<br /> � �I To B�
<br /> i: Texas Proc�uction Company De ut .
<br /> ,� p y
<br /> �
<br /> � . Fees,� 3.10
<br /> `� rr s�as
<br /> �� ea T `� n e x OIL AND GAS 1!/IINING I�EASE e �� . o ..534
<br /> i� �� �93�ntb3ntered inN� this 2 da of �'6�b. � ��1�9� �J� aT.'j'.
<br /> ;� g , 7 y , 9 �0 ; between
<br /> n
<br /> ��' John J.HannS�n, a single man
<br /> j lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> ':.' 1. Lessor, in considerution of the sum of Fift Dollara ($ 50•
<br /> q' �0 ), in ha.nd paid, of the royalties herein provided
<br /> �j� and the agreemente 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 buildfng powers, atations, telephone lines
<br /> a.nd other structures (including houses for employees) thereon, to produce, save, take care of, Lreat and transport said products, t$e following described
<br /> land in �all County, State of Nebraska, to-wit:
<br /> ; �'orth Nest Quarter and North Half of �outh '�est Quarter Section Thirty T�ro; South Half of
<br /> � Nc�rth Eaet Quarter Section Twenty Oae- ; Township te�., �Torth Ra,nge Twelve �Yest; South 1�eet
<br /> � ; Quarter cf North East Qua,rter S�ction Eleven ; All�'land lying North cf Yain Channel of
<br /> i Pl�,tte River in South xest Quarter Section Twen�y Two Township I�ine Ncr�h �?'ange Tr►elve
<br /> � l�est and conta,ining 500 aores more or leas (eaoept railraad right of way- being Union
<br /> � "! Pacific Rffi,�lroad)
<br /> ,,
<br /> �
<br /> �� l
<br /> (i 2. Subject to the other provisions herein contained, this lease shall remafn in force for a term of ten years from this date (herefnafter called "primat"y
<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 par�.
<br /> ,i 3. The royalties reserved by leasor, and which sha.il 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 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 /> j time, the market price at the welis of such one-eighth on the day it is run to the pipe line or storage tanka, lessor's interest in either Case to bear ita
<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, including casinghead gas, the market price at the weil of one-eighth of the gas so sold or used, pxovided that
<br /> � if a.nd when lessee shall sell gas at the weIIs lessor's royalty thereon sha11 be one-eighth of the amount realized from auch sales. Lessee is hereby given the
<br /> j 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 on before ne year from this date, this lease shall then terminate as to both parties, unless
<br /> � Iessee shall pay or tender to �,ssor o to credit of lessor in ��irst �tate Bank at Shelton,�e (which bank i�
<br /> lessor's agent) the sUm of T1P�ri�jt ��C — � — — — — — — �- — — — — — — — — — .• •. Dou�� t� �.00 )
<br /> (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be comm,enced. There r, 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 /> I primary 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. Driliing operations hereunder shail be deemed to be commenced when the first material is placed on the gtound. Notwithstanding any devolu-
<br /> � tion, change or division in the ownership of sa.id 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. Ifi such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lessee sha,ll not
<br /> i ! be held in default for failure to make such payments or tenders until thirty days after lessor sha11 deliver to lessee an instrument in writing duly
<br /> i� executed and acknowled ed, na�min another bank as a ent to receive such a ents or tenders. The flown cash a ent is co idera
<br /> g g g p ns tion for this lease
<br /> Ym P Ym
<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 thereb if lessee,
<br /> �� before the next ensuing rental paying date, commences further drilling operations or commencea or resumes the payment or tender of rentals. I.f 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 additionaI drilling
<br /> I� operations within ai�cty days thereafter or (if it be within the primary term) commencea 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 ie then engaged in drilluig
<br /> � operations thereon, the lease shall remain in force so long as drilling operations are prosecuted, and, if they result in the productfon of oil or gas, so long
<br />' thereafter as oil or gas is or can be produced from any well on said land.
<br /> j' 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 aha11 be in the net quantfty after deducting any so used for operations. Leasee ahall have the right at any time during or after the expiTatiOn of this lease to remqve
<br /> all property and fixtures placed by lessee on said land, including the right to draw and remove a11 casing. When required by lessor, lessee wiil bury all pipe lines below
<br /> i � � ordinary plow depth, and no well ahall be drilled within two hundred feet of any residence or barn now on said land without lessor's consent. Lessar sha11 have the privilege,
<br /> � � at the riak and expense of lessor, of making connection and using gas from any gas well on said land tor stoves and inaide lights in the principai dwelling on said Iand out
<br /> � � of any surplus gas not needed for operations hereunder. �
<br /> j7. The righta of either party under this lease may be asafgned in whole or in part and the provisions hereoi shall extend to the heira, personal representatives, successors
<br /> and assig�s, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the rights and privileges of leasee. Should leasee asaign this lease in
<br /> j whole or in part lessor shall look solely to the aseignee for performance of its terme as to the parts so assigned. No sale or assignment by lessor s2�a11 be bi�►ding on lessee
<br /> � for any purpose until lessee shall be furnished with an instruxnent in writing evidencing such sale or assignment. If lessee assigna th#$ lease in part, the obligation (if any
<br /> exists) to pay rentals is apportioned as between the several owners ratably according to the surface area oi each, and default bg one of them in the:paymenf of rentals �
<br /> � ' shall not afFect the validity of 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, or terminated for failure by lessee to perform in whole or in part any of fts impifed obligations, nor while oil or gas is
<br /> being produced in paying quanfities for any cause whateoever, unless there ahall first be a final judicial ascerta3nxrient that such obligation or cauae exists and that leasee
<br /> is in default. Upon auch Yina1 deterxnination, lessee is hereby given a reasonable time thereafter to comply with such obligation, or, at lesaee'a election, to aurrender the
<br /> lease, with the option of reserving, under the terms of this lease, each producing weil and ten acres aurrounding it to be aelected by lessee. Lessee aha11 not be liable in
<br /> � I damages for breach of any implied obligation.
<br /> N � 9. If six or more persons be or become entitled to royalties hereunder, they ahaii by sufficient written instrument designate some agent to receive payment for a11,
<br /> and lesaee ahall not be required to make payment until such inatrument fs furnished. �
<br />, � 10. When drilling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, atorm, flood, war, rebellion, insurTection, piot, atrike,
<br /> (, differences with workmen, or failure of carriers to transport or furnish facilities for transpartation or as a result of aome order, requtaition or necessity of the governtnettt,
<br /> or as the result of any cause whatsoever beyond the control of the lesaee, the time of such delay or interruption shall not be counted against lesaee, anything in th5s lease to
<br /> 'I the coa#rary notwithstanding.
<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 diacharge
<br /> I ariy taxes; mortgages or other liens upon said land, and in that event lessee shall be subrogated to such lien, with full right to enforce the same, and in addition thereto may
<br /> retain Yor the satisfaction of such lien and interest all royalties or rentals accruing hereunder. IY lessor owna an interest in said land lesa than the entire fee simple estate, �
<br /> � then the royalCies and rentals to be paid lesaor ahall be reduced proportionately. Should the right or interest of lesaee hereunder be disputed by lesaor, or any other person,
<br /> I the time covered by the pendency of such dispute ahall not be counted against lessee e3ther as affecting the term of the lease or the time for payment of rentals or
<br /> �, royalties or for any other purpose, and lessee may suspend all payments untfl there fs a final adjudication or other determination of such diapute.
<br /> IN WITNESS WHEftEOF this instrument is executed on the date first above written.
<br /> Ma APPROVED AS TO
<br /> I' �-����3�b� �.E.L. g g pT � John J.�iannon csEaL>
<br /> �I! DET�FIP�eeman DATA : csEa.L�
<br /> I � + '� ���3� . L�SSOR
<br /> ii A�test: CORP TEXAS PRODUCTION COMPANY, �
<br /> �� J.C.Hudaall �SEAL; sy A.R.Nileon . . I I
<br /> Aasista,nt Secretary. . Vice President �
<br /> �' ' LESSEE �
<br /> !` STATE OF NEBRASKA, ��
<br /> I� County of 8���,Z.O � $s�
<br /> ij On this 27 day of �'ebruary , 19 3� before me, a Notary Public, in and for said County,personally came the above named �
<br /> � crOrlA aT.Hannon ana a $�Y1g�E AIaYI , his wife, who are personally known to me to be the identical � I'
<br /> i ��
<br /> �i persons whose names are affixed to the above instrument as lessors, and they each acknowledged said instrument to be their voluntary act and deed. �
<br /> i� Witness my hand and Notariai Seal the date last aforesaid. �sE.�1L1 �,r'��.A � I�
<br /> 9lat�ery �
<br /> � Z Notary Public.
<br /> ; My commission expires on the 5t�1 day of July , 19 /�. "
<br /> � STATE OF COLORADO,
<br /> � � ss.
<br /> I City and County of Denver,
<br /> ! On this G�$� day of lda.rch , 1g3o , before me, a Notary Public, in and for said County, personally came the above named �
<br /> a.R.�lilson , Vice President and J.�+'.�uC�T18��. • Assistant Secretary of said Texas Production Company, who
<br /> i are peraonally known to me to be the identical persons whose namea are affixed to the above instrument as Vice President and Assistant Secreta,ry 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 /> I ( Witness my hand and Notarial Seal the date last aforesaid.
<br /> , (SEAL) Johnrro a��x�ubi�om �
<br /> M commission expires on the 3� day of �at4�l�r 19 �
<br /> ,� — . _ _
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