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<br /> �����������i��� ��i���� � �
<br /> From STATE OF NEBRASSA
<br /> - Hall County, �� �s.
<br /> J�,mes T.Brett, 8ingle
<br /> I hereb� certi f y that this instrumer��t uas f iled f or record in my o f f iee
<br /> . at 8` o'clocic �. ai., �B.jI 28� 19 30 , and is
<br /> dul� recorded in book nQw page 67 .
<br /> _ �-u-�-� �.
<br /> Register of Deeda �
<br /> To B� �
<br /> Texas Production Company Deputy. �
<br /> . Fees,� 3.10 �
<br /> HE TE 9 �0 ea e . -�+96 �
<br /> s$ T •n � O I L -A N D G A S M I N I N G L E A S E �9��a}9�o y J,T,x. �
<br /> �� � � reeme�it ent�ed��nto this 2 tiYl day of Februar � , 19 3� , betweea �
<br /> g ° 5 y `1
<br /> James T.Brett, a sin�le man �
<br /> lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized uuder the laws of Color�do, lessee.
<br /> 1. Lessor, in consideration of the sum of �:��h�� - Doltars ($ ��•00 ), in hand paid, oE the royaltiea 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 /> and prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, atoring oil and building powers, stations, telephone lines
<br /> and other structures (including houses for employees) thereon, to produce, save, take care of, t;reat and transport said products, the following described
<br /> l�na �n Hall county, State of Nebraska, to-w�t: ��8 One (1� and t�►o (2) on the Ieland• the East
<br /> nine and forty one hundredths (9.40) acres of Lot three (3} and all of lot four (�� on the
<br /> Mainland, �aid lot four (4) containing 44.75 acrea, m4re or less. All being in the 8outh Hal
<br /> of the Northeaet Quarter, and the North �a,lf of the South �ast �uarter of 9ection �leven (11)
<br /> in Township;nine (9) North of Ra,nge TRelve (12) �est of the Sixth Principal Meridian.
<br /> Lots One 1 Three 3 and Four 4 on Mainlax�d and ATorth Half of North�reet Qua.rter (I�1Q�) d
<br /> ax
<br /> Lots Twc �2; three �3; and F'our �4 cn Ieland, all in Seotion Twelve (12) Township Nine (9) � •
<br /> � e Tw 1 e (12) Wea of the 6 h P.M. and co aini q cres, ore or le .
<br /> �L .�� s t f � c �h� T�rmsh�i���egea�����i �a E � n; $cu��iRei� guarter of
<br /> � j�� �W�� ��W�Bh �f ��g8e ���h� �g V QE3T1 �, A�II���O��fr�Om�Bhis�da�(h reina�tei callted "primary
<br /> Subject to the ot�ier provisionl herein contained, this lease Siia,ll remain in force for a te y
<br /> term") and as long thereafter as either oil or gas is or can be produced from any well on said land; however, lessee at any time may release this lease
<br /> in whole or in part.
<br /> 3. The royalties reserved by lessor, and which shall be paid by lessee, are (a) on oil, one-eighth of that produced and saved from safd land, the same
<br /> to be delivered at the �alells or to the credit of lessor in the pipe line to which the wells xnay be connected, or, at the option of the lessee, from time to ,
<br /> time, the market price at the wells of such one-eighth on the day it is run to the pipe line or storage tanks, lessor's interest in either case to bear its �
<br /> proportion of any expense of treating unmerchantable oil to render it merchantable ae crude, and (b) on gas produced from said land and sold or used off
<br /> the land or in the ma.nufacture of gasoline, including casinghead gas, the market price at the well of one-eighth of the gas so sold or used, provided that ,
<br /> if and when leasee shall sell gas at the wells lessor's royalty thereon shall be one-eighth of the amount realized from auch salea. Lessee is hereby given the
<br /> option of purchasing all or any part of said royalty rights from the lessor at the best bona fide price offered by responeible thfrd parties when and i! �
<br /> � offered for sale or tranefer by lessor.
<br /> � 4. If drilling operations are not commenced on said land ory Qr be ore.�on�e�year f�,o m this date, this lease sh the$ atea���b A�parties, unless �
<br /> Iessee ahall pay or tender to essor or to the credit of lessor in 1�'1TS� �18.T102181 Bank at �4�u ��T�rl T which bank is
<br /> � lessor's agent) the sum of �Or'�y --�----..��..�-----_—�.�—,...--�-�---�.—......�..�—�----�-�- Dollars ($ � )
<br /> (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, semi-a,nnually, in G
<br /> ' like manner, and upon like payments or tenders, the commencement of drilling operations may be further deferred for perioda of six months during the �
<br /> , � prima,ry 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 such date
<br /> of payment. Drilling operations hereunder shall be deemed to be commenc�d 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 auccessors, ,
<br /> � assigns or legal representatives of lessor. If auch bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lessee ahall not
<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 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 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 prima,ry 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 drillir►g
<br /> operations thereon, the lease ahall 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 ca.n be produced from any well on said land.
<br /> nj 6. Lessee sha11 have the free use of oil, gas,'alOU!!, coal and water irom said land, escept water irom lesaor'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 operatfona. Lessee shall have the right at any time during or after the expiration of this lease to remove
<br /> a11 property and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by lesaor, lesaee will bury all pipe linea below � ,
<br /> � ordinary plow depth, and no well ahall be drilled within two hundred feet of any residence or barn now on aaid land without leasor's conaent. Lessor shall have the privilege,
<br /> at the nsk and expense of leasor, of making connection and using gas from any gas well on eaid land for stovea and inside lights in the principal dwelling on sald laad out �
<br /> of any aurplus gas not needed for operationa hereunder. ��
<br /> 7. The rights of either party under thfa lease may be asaigned in whole or in part and the provisions hereof shall extend to the heiPa,personal representatives, auccessors �
<br /> � and assigns, but no sale or assignment by leasor ahall operate to enlarge the obligations or diminish the rights and privileges of lesaee. Should leasee assign this leaae ia
<br /> whole or in part lessor ahail look solely to the assignee for performance oE its terms as to the parts so assigned. No sale 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 lesaee assigne this lease in part, the obligation (if any
<br /> exists) to pay rentals is apportioned as between the several ownera ratably according to the aurface area of each, and default by one of them in the payment of reatal8 N
<br /> � sha11 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, canceiled, or terminated for failure by lessee to perform in whole or in part any of its implied obligationt�,noT while oil or gas 38 � ��'�
<br /> � , being produced in paying quantfties for any cause whatsoever, unless there ahall first be a final judicial ascertairunent that aueh obligation or ceuae 6xists and that leeaee �
<br /> is in default. Upon auch final determination, lesaee is hereby given a reasonable time thereafter to comply with auch obligation, or, at lesaee's election, to surrender the
<br /> lease, with the option of reserving, under the terms of this lease, each groducing weli and ten acres aurrounding it to be eelected by leasee. Leasee aha11 not be liable ia �
<br /> damages for breach oi any implied obligation.
<br /> 9. If six or more persons be or become entitled to royalties hereunder, they shall by sufficient written fnstrument designate some agent to receive payment for all, �
<br /> � and leasee ahall not be required to make payment until such mstrument 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, insurrection, riot, atrike, P�
<br /> differences with workmen, or failure of carriera to tranaport or furniah facilities Por tranaportation or as a result of some order, requisition or necesaity o! the govemment, v
<br /> or as the result of any cause whatsoever beyond the control of the lessee, the time oE such delay or interruption sha11 not be counted against leasee, anything in thia lease to �
<br /> the contrary notwithstanding. �
<br /> 11. Leasor hereby warrants and agreea to defend the title to said land and agrees that lessee, at lesaee'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 auch lien, with full right to enforce the same, and in addition thereto may
<br /> retain for the satiafaction of such lien and interest ali royalties or rentals accruing hereunder. If leasor owns an interest in said Iand less than the entire fee aimple eatate, ^
<br /> then the royaltfes and rentals to be paid lessor shall be reduced proportionately. Should the right or interest of lesaee hereunder be disputed by lesaor, or any oWer peraoa, ��
<br /> the time covered by the pendency of auch dispute shall not be counted against leasee either as affecting the term of the lease or the time for payment oY ientala or
<br /> royalties or for any other purpose, and lessee may auspend all payments until there is a final adjudication or other determination oi such diapute.
<br /> IN WITNESS WHEREOF this instrument is executed on the date first above written. ' ' �
<br /> Posted on ]�iap p p D Ag gp - � Jamee T.Brett csEar,�
<br /> 3�27 193p b3� F.W.L. �ES��P��ON & DATA . . - ' csEai.�
<br /> . . reeman L�ssoR
<br /> _ �,/Y —30
<br /> Attest: J.C.xu�.IIall �) TEXAS PRODUC�ION COMPANY,
<br /> ,{SEA ? By A.�.Ailson . .
<br /> {� Assistant Secretary. Vice Preside�nt�� � ,
<br /> STATE OF NEBRASKA, ��` �
<br /> County of
<br /> Hall � 8�.
<br /> On tYus �5 day of February , 19 3�, before me, a Notary PubIic, in and for said County, personally came the above named
<br /> Jamea T.$rCt,t —�t single II1RII ,`����who are personally known to�e to be the identical
<br /> peraons whose names are affixed to the above instrument as lessora, and they each acknowledged said instrument to be their voluntary act and deed. �
<br /> Witness my hand and Notarial Sea1 the date last aforesaid. C+.s.x0@�CBtTB �
<br /> ' �SEAL� Notary Public. �
<br /> My commission expires on the � day of a�• , 19 31 . '
<br /> STATE OF COLORADO, '
<br /> � 39. �
<br /> City and County of Denver,
<br /> On this �•1 day of �r�b , 19 3�, before me, a Notary Public, in and for said County, personally came the above named �
<br /> �.R.wilsan , Vice President and J.�+.HnL�all . Assistant Secretary of said Texas Production Compan�y, who
<br /> are personally known to me to be the identical persons whose names are affixed to the above instrument as Vice President and A�sistant Secretary 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 /> Witness my hand and Notarial Seal the date last aforesaid. (gEAL) John 1`•�p8tT0ID
<br /> � Notary Pubiic.
<br /> My commission expirea on the 30 day of Oetober , 18 3�
<br /> �
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