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<br /> __���������������� ������ �� � �,�
<br /> STATE OF NEBRASgA,�
<br /> i From Sall Count�, ss.
<br /> �
<br /> i� Doar Hill, �ridow
<br /> ;� I hereby certify that this instrumey��t z.cas filed for record �n m� of fice
<br /> " - at � o'clacic A• l�f., �� 2g 19 3� , and is
<br /> (! dul.J recorded in book dQN page ( • � �
<br /> i! -
<br /> j� �
<br /> Register o f Deeds
<br /> il T� BJ �
<br /> ' Texas Production Company Deputy.
<br /> �i _ b'ees,$2.$��
<br /> �i
<br /> _ `; e �� B O�L A1�TD GAS MINING LEASE �� � 53T �
<br /> � 'f�� i ���� . .x. -3- - �3�g�J. .�.
<br /> j; An Agreement, entered into this 3rd day of Y8TG21 , 19 30 > between
<br /> '� Dora Hi 11, A 111 dow .
<br /> �! lessor (whether one or more), and TEXAS PRODUCTION COMPANY, corporation organized under the laws of Colorado, lessee. �
<br /> ���: 1. Lessor, in consideration of the sum of +��Xt�•Q�E �i5�1� Dollars (� 66•��j ), in hand paid, of fihe royalties herein provided
<br /> ;� and the agreements of lessee herein contained, hereby grants, leases and lets excluaively unto lessee, for the purpose of testing by al�y method for formations
<br /> �iand proapecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powers, stations, telephone li�es
<br /> and other structures (including houses for employees) thereon, to produce, save, ta.ke care of, treat and transport said products, the following deacrib d
<br /> �� land in Hel.11 County, State of Nebraska, to-wit: `rhe south Half of the 3outheast Quarter �5���� �
<br /> the southeast Quarter of the �outhwe$t qua.rter 8 81fi�), and Lot F'our (4) in Seotion even.
<br /> (7) in Townahip Nine (9) �orth of Range Twelve �].2� West in Hall Ooun�y, 8ebra,ska.
<br /> " Northea,st Quaarter of the Northwest Quarter; �orth�vest Qua,rter of the Northeast Quar�er; Lot
<br /> : ; Five (5) in the North East Quarter; �orthwest Quarter oP the �or�hwest Quarter; Lot 3iz (6)
<br /> ���, in thc 1�ortheast Qua,rter; Lots One �l) Two (2� Three (3) and four �4) on Iela�ld� 8outh Ha,lf o
<br /> the �o�th east Quarter; and 9outh �ast Quarter oP the SouthRest Quarter of Sectivn 1Pl, in
<br /> ' i Township 9, North, of Range 12 iles� of the 6th P.�d. a11 of above containing 66�.�3 aere�, .
<br /> �; more or lese, according to G�overnment survey.
<br /> � 2. Subject to the other provfsions herein contained, this lease shall remain in force for a term of ten yeare from this date..(hereinafter called "prfm&r`y
<br /> �erm") and as long thereafter as either oil or gas is or can be produced from any well on said land; however, lesaee at any time may release thi5 lease �
<br /> in whole or in part. �
<br /> , 3. The royalties reserved 'by lessor, and which shall be paid by leasee, are (a) on ofl, one-eighth of that,produced and saved �rom said land, the same I
<br /> to be delivered at the wells or to the credit of lessor in the pipe line ta which the wells may be connected, or, at Che op�io� of the lessee, from t4me to
<br /> _ ! time, the market price at the wells of such one-eighth on the day it is run to the pipe line or stqrage tanks, lessor's interest fn efther case to bear its
<br /> �� praportion of any expense of treating unmerchantable oil to render it merchantable as crude, and (b) on gas produced from said land and aold 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 ao sold or used, provided that
<br /> j if and when lessee sha11 sell gas at the wells lessor's royalty thereon shall be one-eighth of tfie amount realized from such sales. Lessee is hereby given the
<br /> ' optioa 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 drillin o erations are not commenced on said land on bef QreQ�}e ear from this date thia lease shal he ermfn�e�s to both arties, unless
<br /> ;, lessee shall pay or tender to ,ss4r o�r tot1�e credit o �g ��TBTi ifLB�C � Bank at ��e�.�tcn�lYBD (which bank iS
<br /> �:, lessor's agent) the aum of �AlTTr31 Tt1T@E ����V Dollars ($ #.43 )
<br /> (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenCed. Thereafter, semi-annually, fn ; ,,,
<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 ar draft of lessee m�iled ur 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 shall be binding on the,successors,
<br /> 'i assigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lessee ehall not I
<br /> be held in default for failure to make auch payments or tenders until thirty days after lessor shall 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 dr�lling operations or commences or resumes the payment or tender of rentala. I� after the
<br /> �t discovery of oil or gas the production thereof should cease from any cause, this lease sha11 not be terminated thereby if lessee commences additioaal drilling
<br /> �i 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 primaxy 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 driliing operations are prosecuted, and, if they result in the production of oil or gas, so long
<br /> therea�ter as oil or gas is or can be produced from any well on said land.
<br /> i �� @.�..I.esaee shall have the free use of oil, gas, v7��c�il-and water irom said iand, except water from lesaor's wells, for all operations hereunder, and the royalty on oil
<br /> and gas Bhall be in the net quantity after deducting any so used for operatione. Lessee shall have the right at any time during or alter'th8 expiration o; thia lease to remove
<br /> •all properEy and fiXtures placed by lesaee on said Iand, including the right to draw and remove`all casing. When requiged by iessor, lesaee will buYy aIl pipe lines below
<br /> 0 �,:_ � ordinary plow depth, and no well shall be drilled within two hundred feet of any residence or barn now on said iand wifhout lesaor'a conae3tt. LessoY ahall 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 atoves and inaide li hts in the
<br /> �° oP any surplus gas not needed for operations hereunder. S principal dwellfng on said land out
<br /> �) � 7. The rights of either party under this lease may be aseigned in whole or in part and the provisions hereof shall extend to th�heira, personal representativea, succeasora �
<br /> i' and asai�ns, but no eale or assignment by lessor shall operate to enlaxge the oUligations or diminish the rights and privileges o! lesaee. Should lessee asaign.this lease fn
<br /> whole or in part lessor shall look solely to the assignee for performance of its terms as to the parts so a�signed. No sale or aesigmrient by lessor gha11 be biriding on lessee
<br /> II for any purpose until lessee shall be furnished with an instrument in writing evidencing auch sale or assignment. If lesaee assigna this iease in part, the abligation (i1 any �"
<br /> �� exista) to pag 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 o! rentals ,'I'�
<br /> � ahall 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 Por failuro by lessee to perform in whole:or in rt an of ita im lied obli ations nor while oi1 or as is
<br /> Pa Y P
<br /> � i roduced in a in uantities for an cause whatsoever unt h r � g
<br /> O be ng p p y g q Y ese t e e shall first be a Hnal udicial ascertafnrnent that such obli"aLion or cauae-8xists and
<br /> I; 3 8 #hat lssaee e „
<br /> is in default. Upon such tinal determination, lessee is hereby given a reasonable time thereafter to comply with auch obltgation, or, at 10esee's election, !o aurrender the I
<br /> � ii lease, with the aption of reserving, under the terms o!this lease, each producing well and ten acres surrounding it to be selected by lessee. Lesaee shall not be liable in
<br /> N jl damagea for breach oE any implied obligation.
<br /> � 9. If sis or more persons be or become entitled to reyaities hereunder, they shall by sufficient written instrument designate some agent to receive payment for all, ,�
<br /> �; and lesaee aha11 not be required to make payment until such instrument is furnished. I
<br /> � 10. When drilling or other operations are delayed or interrupted by Iack of water, labor or material, or by fire, atorm, flood, war, rebellion, insurrection, ript, atrike, � �
<br /> difPerences with workmen, or Pailure of carriers to transport or furnish facilities for transportation or as a result of aome order, reguisiti0n or necepslty oi the governmenf,
<br /> I� or as the result of any cause whataoever beyond the control of the lessee, the time oP auch delay or interruption shall not be counted against lesaee, attything ia this lease fo
<br /> �i the contrary notwithstanding. ,
<br /> (� 11. Lessor hereby warrants and agrees to defend the title to said land and agrees that leasee, at lesaee's option (but without any duty to do so), �a.y pay and dfscharge
<br /> \+ �� ariy taxes, mortgages or other ifens upon said land, and in that event lessee shall be subrogated to such lien, with full right to enforce the sarne, and in addiri0n thyreto may
<br /> retain for the satisfaction of such lien and intereat all royalties or rentals accruing hereunder. If lessor owns an interest in sa,id land less tt�an the entfre fee simple estate,
<br /> � then the royalties and rentals to be paid lessor sha11 be reduced proportionately. Should the right or interest af lesaee hereunder be disputed bY lessor; or any other person,
<br /> � + the time covel�ed by the pendency oP such dispute shall not be counted against lessee either as aPPecting the term o! the lease or'the {ime ior payment of Tentals or
<br /> royalties or for any other purpose, and leasee may auapend all payments until there is a final adjudication or other determination of such disyute.
<br /> IN WITNESS WHEREOF this instrument is executed on the date firet above written.
<br /> �, p A R VED AS T� � Dora Hill cs�L�
<br /> ( �j���e�'9�$ �y' I.�.L. DES P ION & DA A- .
<br /> p �� � � @]118II ' ' (SEAL)
<br /> L�SSOR
<br /> � �� Atteat: , - QQ�� TEXAS PRODUCTION COMPANY,
<br /> t J.C.Hudna.11. �r'. sy A.R.Rileon .
<br /> Assistant Secretary. � Vice President
<br /> i
<br /> LESSEE
<br /> �� STATE OF NEBRASKA,
<br /> � as.
<br /> �; County of $�f Q,�.O
<br /> C' I
<br /> � On this 3 day of }�a,TCh , i9 jQ, before me, a Notary Publie, in and for said County, personally came the above named
<br /> � DpTg j�j,],I and A Nidoll' , his wife, who are personally known to me to be the identical �
<br /> ' persons whose names are affixed to the above instrument as leasore, and they each acknowledged said instrument to be thefr voluntary act and deecl. �
<br /> Witneas my hand and Notarial Seal the date last a,�oresaict. �BEAL� �6�Tfi�A Blat t er�
<br /> 9 Notary Public. �
<br /> : My commission expires on the 5f'+�1 day of JLtl� , 19 3� . I
<br /> ; STATE OF COLORADO, �
<br /> I"i City and County of Denver, s��
<br /> � on tliis x 28` day of Mareh , 19 �j�, before me, a Notary Public, in and for said County, personally came the above named I
<br /> ' A. .�[ilson , Vice President and eT•0•F�tif�I1811 • • Assistant Secretary of said Texas Production Company, who �
<br /> � are personally knowri to me to be the identical persons whose names are affixed to the above instrument as Vice President and AsaiBtant Secretary of aaid
<br /> � corporation, and they acknowledged the instrument to be their voluntary act and deed and the volunta.ry set and deed of said corporation.
<br /> '�' Witness my hand and Notarial Seal the date last aforesaid. /s�QL� JO�llj T.��/$'�TOffi (
<br /> � � � � � Natary Public.
<br /> l M�cpmmisaion expirea on the 3� day of OCt be 18
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