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<br /> i�,JQA'L-._.._NIPA1�fY�L1NCOLIV�_NEB .__ _. . -__" ___ __�'.__.___,
<br /> ��
<br /> STATE OI�' NEBRASKA,�
<br /> i Fi'om Hall County, 3�'
<br /> Charles H.Kemptar and wife
<br /> I hereby certify tkat tlzis instrumer��t u%as filed for record in mf office
<br /> ; - at � dcl,ncic A. D�i� �8.y 28 19 30 , and is
<br /> dul� recorded in book nQ pa�e 6�
<br /> � �
<br /> �'
<br /> Regist�o f�eeds
<br /> To By
<br /> Texas Production Company Deputy,
<br /> . Fees,� e�.�0
<br /> HE TE AS 0 NY
<br /> e
<br /> —46
<br /> . �. �a�� � Q H� OIL AND GAS MINING LEASE ��a}9 $o � J3T.�.
<br /> I� � �� � �y �. .�J. . . � _ �
<br /> An �greexrlent, entered into this �.9 day of �e"bruBTj� , 19 3� , between
<br /> �; C1ha.rles H.Kemptar and Elpha �Iay �emptar,his wi.ie,
<br /> �' lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> 1. Lessor, in consideration of the sum of�`Aenty �four pollars ($ Z�.�� ), in hand paid, of the royalties herein provided i
<br /> and the agreements of lessee herein contained, hereby grants, leases and leta exclusively unto lesaee, for the purpose of testing by a�y method for forma.tions
<br /> and prospecting and driiling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powers, stations, telephone lines i
<br /> and other structures (including houses for employees) thereon, to produce, save, take care of, Lreat and transport said products, the followinGg described '
<br /> �: land in x8.�.1 County, State of Nebraska, to-wit:
<br /> South west quarter Section TWenty one and 8outh h�.lf 3outheast quarter 8eetion Twer�ty,
<br /> � Townehip Twelve, North, Range T�elve �fes� and containing ��0 acres more or leas. ,
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<br /> ; 2. Subject to the other provisions herein contained, this lease shall remafn in force for a term of ten years from this date (hereinafter called "primary
<br /> Cerm") and as long thereafter as either oil or gas is or can be produced from any`well on said la.nd; 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, t�e same
<br /> to be delivered at the wells 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 /> 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 fts
<br /> proportion of any expense of treating unmerchantable oil to render it mercha,ntable as crude, and (b) on gas produced from said land and sold or uaed off
<br /> the land or in the manufacture of gasoline, including casinghead gae, 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 parties when and ff
<br /> ,' offered for sale or transfer by lessor. -
<br /> � 4. If drilling operations are not commenced on said land'onq� befp re ey ar frg m�,hi date, this lease sh t1�en term� tQ as to both parties, unless
<br /> lessee shall pay or tender to lessor or to the credit of leasor in �i'CBTC �BA� OZ t+B�TC Bank at �alr0� r1�D= (which bank is
<br /> lessor's agent) the�aum of Twelve � � � — — " � " '� "' � "` " '� " — — — " — �' Dollars ($ �2.�0 )
<br /> ! (hereinafter cailed "rental"), which shall extend for six months the time within whfch drilling operations may be commenced. Thereafter, semi-annt�ally, in
<br /> like manner, and upon like payments or tenders, the commencement of drilling operations may be further deferred for periods of aix 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 ta 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 rentalin the manner herein provided shalliae binding on the successors,
<br /> '.' assigns or legal representatives of lessor. If auch bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lessee shall not
<br />� ;� be held in default for failure to make such payments or tenders until thirty days after lessor sha11 deliver to lesaee 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 renta.l 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 shaU nat 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 addition,al drilling
<br /> ' operations within aixty 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 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 /> i; thereafter as oil or gas is or can be produced from any well on said land.
<br /> 6. Lessee shall have the free uae of oil, gas, wood, coal and water irom said land, except water from leasor's wells, for all operattons hereunder, and the royalty on oil
<br /> and gas shall be in the net quantity after deducting any ao used for operations. Lessee shall hav8 the right at any time during or �,fter the espiration of this lease to Temove
<br /> �' all proPerty and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by lessor, lessee will bµry all pipe lines below +
<br />� � ordinary plow depth, and no well ahall be drilled within two hundred feet of any residence or barn now ott said land without leasor's consent, Lessor sha1L have the privilege, �
<br /> � � at the risk and expense of lessor, of making connection and using gas Yrom any gas well on said land for stoves anci inside lighta in the prineipal dwelling on said land out �
<br /> � � of any surplus gas not needed for operations hereunder. ;
<br /> 7. The rights of either party under thfs lease may be assigned in whole or in part and the provisions hereof shall extend to the heira, personal representativea, succeasors (!
<br /> � and assigns, but no sale or assignment by lessor shall operate to enlarge the obligationa or diminish the rights and privi�eges of lesaee. 3hqutd lessee a$aign this le8ae in 1I
<br /> whole or in part lessor ahall look solely to the assignee for performance of its terms as to the parts so aseigned. No sale or assigninent by leasor sha11 b� bindYng on lesaes I!
<br /> ! for any purpose until lessee shall be furnished with an instrument in writing evidencing such sale or assignment. IY lessee ass�gns thi$ lease in part, the obligation (f! any il
<br /> li exists) to pay rentals is apportioned as between the several owners ratably according to the aurface a;ea of each, and deisult by one of them in the payment 6! rentala
<br /> t, shall not affecf 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 torfeited, cancelled, or terminated for faflure by lessee to perform in whole or in part any of ita implied obligations, nor while oil nr gas is �
<br /> ,! being produced in paying quantitiea for any cause whatsoever, uniess there shali first be a final judicial ascertain�r�ent that auch obligaxion or cause exiata and �fiat lessee
<br /> i is in default. Upon such final deterxnination, lessee is hereby given a reasonable time therealter to comply with auch obligation, or, at lessee's election, to surrender the !
<br /> � �; lease, with the option of reserving, under the terms of this lease, each producing well and ten acres aurrounding it to be selected by lesaee. Leasee aha11 not be liable in �
<br /> K P damages for breach of any implied obligation. �
<br /> 9. If six or more persona be or become entitled to royalties hereunder, they eha.11 by sufficient written instrument designate some agent to receine payment for a11,
<br /> and leasee shali not be required to make payment until such instrument fs furnished. li
<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, riot, atrike, �
<br /> differences with workmen, or failure of carriers to transport or furnish facilifies for transportation or as a resutt of some order, requisition or neceas3ty oi Yhe government,
<br /> � or as the result of any cause whatsoever beyond the eontrol of the lesaee, the time oY such delay or interruption shaIl not be counted against leasee, anything in this lease to
<br /> � the contrary notwithstanding.
<br /> r il. Lessor hereby warrants and agrees to defend the title to said land and agrees that ]essee, at lessee's option (but without any duty to do eo),�may pay and diacharge
<br /> ariy taxes, mortgages or other liena upon said land, and in that event lessee shall be subrogated to such lien, with full right to enforce the same, and in additipn thereto may
<br /> retain for the satisfaction of such lien and interest all royalties or rentals aecruing hereunder. If lesaor owns an interest in said land less than the entire fee simple estate,
<br /> � � � then the royalties and rentals to be paid lesaor shall be reduced proportiohately. Should the right or intereat of lessee hereunder be disputed by leasor, or any other pereon, �
<br /> r the time coveTed by the pendency of such dispute shail not be counted against lessee either as afYecting the term of the lease or the time for payment oi rentals or
<br /> ! royalties or for any other purpoae, and lessee may suspend all payments until there is a finai adjudication or other determination of such ,diapute.
<br /> IN WITNESS WHEREOF this instrument is executed o e c1a $t above written.
<br /> �
<br /> i, 2�2�e1930 B�r�F.W.L. DESCRI T NA� �ATA_ t7harles H.Kemptar es�aL�
<br /> T� �1�3�man Elpha �a,y �Cemptar esEA.�.� �
<br /> � `� � �z�ssoR � �
<br /> ;� Attest: , ' ' (�O TEXAS PRODUCTION COMPANY,
<br /> ,, �p
<br /> ` J.e.Hudnall - �BEAL By A.x.l►ilson - i!
<br /> !i Assistant Secretary. Vice President j�
<br /> �f LESSEE � ,
<br /> i; STATE OF NEBRASKA, �9 � �
<br /> �f County of A82.1. � ���, I
<br /> i, On this 2�'th day of Idareh , 19 3�, before me, a l�Totary Public, in and for said County, personadly came the above named � I
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<br /> Oharles H.Kempta,r and E],ph8 Ma,� �emptar , his wife, 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 and deed. ;� ,
<br /> Witnesa my ha�d and Notarial Seal the date last aforesaid. /��L� $.R.Benton �
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<br /> �i C Notary Pubiic. i
<br /> 'i My commission expires on the 1$� day of February , 19 �:/.
<br /> STATE OF COLORADO, I
<br /> jCity and County of Denver, � ss� �
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<br /> !i On this 23 day of ApT 1� , 19 30, before me, a Notary Public, in and for said County, personally came the above named
<br /> �� A.R.�ilson , Vice President and J.C+.HLtG�11A�.1 � 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 President and Assista,nt Secretary of said I
<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 /> W�tneas.my hand and Notarial Seal the date last aforesaid.
<br /> ;( � �.g�.'A�r� � e�0}1I3 Ndtar�yBP b�ffi �
<br /> ! M commisaion e ires on the �� day of October xa 33 , .
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