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<br /> �������������� ������ C�
<br /> STATE OF NEBRASZ�A,�
<br /> From . Hall County, ss.
<br /> Marion �'.Dubbs, widower
<br /> I hereby certify that this instrumer��t was filed for record in. my office
<br /> • at 8 o'cl.ocic �. D�i., �Y 2g 19 3� , and is
<br /> dul� recorded in book N Q� page 65 . �-�j
<br /> � - VJ-�-�
<br /> Registe�• of Deed"s
<br /> To B✓
<br /> Texas Production Company Deputy.
<br /> _ Fees,� 2.95
<br /> � ���e8 T �� �T OII� AND GAS MINING LEA,SE � � ' �S31
<br /> � �nH � N 9��a}9��By J.T I�.
<br /> y ' ' ' F b �s 0 t�etween
<br /> An Agreement, entered into this 24 day of e • • 3 �
<br /> Marion F«Dubbs, a w3doarer
<br /> leasor (whether one or more), a.nd TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> 1. Lessor, in consideration of the sum oP�a'eII�'� �OL1T Dollars ($ 2'�'�•00 ), in hand paid, of the royalties herein provfded
<br /> and the agreements of lessee herein conta,ined, hereby grants, leases and lets exciusively unto lessee, 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 structures (including houses for employees) thereon, to produce, save, take care of, treat and transport said producta, the following described
<br /> land in ASl� County, State of Nebraska, to-wit:
<br /> 8outh East Quarter 9eetion thirty two ; South west Qua,rter 8outh weet Quarter Seation Thirty
<br /> "Phree To�nship Eleven; North West Quarter of �orth �ast Quarter Section Fine Township ten
<br /> North Range Twelve Rest and con:�sining 2?�0 acree.more or less.
<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 "primar�*
<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 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 wella may be connected, or, at the option of the lessee, from time to
<br /> time, the market price at the wells of auch one-eighth on the day it is run to the pipe line or storage tanks, 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 ofP
<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 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 responsible third partiea when and i!
<br /> offered for sale or transfer by lessor.
<br /> 4. If drilling operations are not commenced on said land ox�,c� bgfore��n�e�,y ear o�y t1�is date, this lease shall n e e as to both parties, unless
<br /> lessee shall pay or tender to,}�sso or to the credit of lessor in �.iTBT@ J�F{,AK �� ti8.lr0 Bank at �B�T��b (which bank is �`
<br /> lessor's agent) the,sum of 1Re�VE � — � — '" � — � � " '� " '� � " ! � — '� " — — Doliars ($ �Z.�Q )
<br /> (hereina,fter called "rental"), 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 operations may be further deferred for periods of six months during the
<br /> primary term. The payments or tendera of rental may be made by the check or draft of lessee mailed or delivered to said bank on or before such 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 tenders of rental in the manner herein provided ahall be binding on the auccessors,
<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 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 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 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 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 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 is then engaged in drilling
<br /> operations thereon, the lease ahail 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 leasor's wells, for all operationa hereunder, and the royalty on oil
<br /> and gas aha11 be in the net quantity after deducting any so used 4or operations. Lessee ahall have the right at any time during or after the expiration of thia lease to Temove
<br /> al� �roperty and fistures placed by lesaee on said land, including the right to draw and remove all casing. When required by lessor, lesaee will bury a11 pipe linea below
<br /> 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. Lessor aha11 have the privilege, �
<br /> at the risk and expense of lessor, of making connection and using gas from any gas well on said land for etoves and inaide lights 3n the principal dweilfng on said land out
<br /> of any surplus gas not needed for operationa hereunder.
<br /> ?. The rights of either party under this lease may be assigned in whole or in part and the proviafons hereof shall extend to the heirs,peraonal representatives, succeaeore
<br /> and assigns, but no sale or assignment by leseor shall operate to enlarge the obligations or diminish the rights and privileges of leasee. Should leasee asaign this lease ia
<br /> whole or in part lessor shall look aolely to the asaignee for performance of its terms as to the parta so assigned. No aale or assignment by lesaor aha11 be binding on lessee
<br /> for any purpose until lessee ahall be furnished with an instrument in writing evidencing such sale or assignment. If lessee assigns this lease in part, the obiigation (i! 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 oi rental8
<br /> ahall not affect the validity of the lease on the portion of land upon which pro rata rentals ase pa3d or tendered.
<br /> 8. This lease ahall never be forLeited, cancelled, or terminated for failure by lessee to perform in whole or in part any oP its implied obligations, nor while oil or gas ie � .
<br /> being produced in paying quantities for any cause whatsoever, unless there shall firat be a final judicial ascertainxr�ent that such obligation or cause exists and that leasee
<br /> is in default. Upon auch final determination, lessee is 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 reserving, under tha terms of this lease, each producing well and ten acrea surrounding it to be aelected by leasee. Lessee shall not be liable in
<br /> damages for breach of any implied obligation. \
<br /> 9. IY sia or more peraons be or become entitled to royalties hereunder, they shall by sufficient written inatrumeat designate aome agent to receive payment !or all, p �
<br /> and lessee aha11 not be required to make payment until such instrument is furniahed. v
<br /> S0. 'When drilling or other operations are delayed or interrupted by lack oE water, labor or material, or by fire, storm, flood, war, rebeliion, insurrection, riot, strike,
<br /> differences with workmen, or failure of carriers to tranaport or furnish facilitiea for tranaportation or as a result oE some order, requisition or necessity of the government,
<br /> � or as the result of any cause whatsoever beyond the control of the lessee, the time of such delay or interruption shall not be counted against lesaee, anything in this lease to
<br /> the contrary notwithstanding.
<br /> li. Lessor hereby warrants and agreea 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 /> axiy taxes, mortgages or other liens upon said land, and in that event lessee shali be aubrogated to such lfen, with full right to enforce the same, and ia addition theretp may
<br /> retain for the satisPaction oP such lien and intereat all royalties or rentals accrufng hereunder. If lessor owne an interest in said land lesa than the entire fee eimple eatate, �
<br /> 4 then the royaities and rentals to be paid lessor aha11 be reduced proportionately. 8hould the right or interest oP lessee hereunder be disputed by lessor, or any other peraon,
<br /> the time covered by the pendency of such dispute shall not be counted against leasee either as affecting the term oi the lease or the time Por payment oi rentale or �
<br /> royalties or for any other purpoae, and lessee may suspend a11 payments until there 1s a final adjudication or other determination oi such diapute.
<br /> IN WITNESS WHEftEOF this instrument is esecuted on the ate first above written. ' � • '
<br /> jo ed y� APPROVED AS �`0 . , Marion F.Dubbs �s��
<br /> -��-19�� by�I.�.I,. DES�R P IOftm�DATA • - �s�,r.>
<br /> � , LTLS801;
<br /> 3�/l�l� �
<br /> Attest: Q��p TEXAS PRODUCTION COMPANY, �
<br /> J.C.Hudnall . . �SEAL3 By A.R.�Iilson �'
<br /> Aasistant ecretary. Vice President
<br /> �,�
<br /> I.]LSB�
<br /> "~�,,,,
<br /> STATE OF NEBRABKA, _
<br /> � 88.,
<br /> County og H&1�. )
<br /> On this 2'4' day of February , Y9 3�, begore me, a Notary Public, fn and for said County, pereona.11y came the above named
<br /> Marion F.Dt1bbB and a WfC�Ower , 2rt�vlh,who are personally known to me to be the identical
<br /> persons whose names are affixed to the above instrument as lessors, and they each acknowledged said instrument to be their voluntary act a.nd deed.
<br /> Witnesa my hand and Notarial Sea1 the date last aforesaid. /'SE-q�,> �.�.Borensen
<br /> � Notary PubHc.
<br /> My commission expires on the 2� day oP Julq , is 31 .
<br /> STATE OF COLORADO,
<br /> � ss.
<br /> City and County oP Denver,
<br /> On this 28� day of �,Feh , 19 �, before me, a Notary Public, in and for said County, personally came the above named i
<br /> A.�.�ilson , Vice President and �.�.�11C�1S11 . . 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 Preaident and Asaiatant Secretary of said
<br /> corporation, and they acknowledged the instrument to be their voluntary act and deed and the voluntary act and deed of said corporation.
<br /> Witness my hand and Notarial Seal the date last aforesaid. /S�L` JOX1II � � t ID
<br /> � 1 o�ar3�ub�.
<br /> M commission expires on the 0 day oY �CtOb@� , , 19
<br /> �
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