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<br /> ����J�j JLIJ������J� ��� w�/.J�� "
<br /> STATE OF NEBRASgA,�
<br /> � From Hall Cou�xty, s�'
<br /> Charles H.Garritson �.rid v�ife I hereby certif� that this instrumer��t uwas filed for record irc my office
<br /> c�t 9 n'clocic A. M•, OCtObeT 15 19 30 , and is
<br /> dudy recorded in book !� page 69 ������'u���
<br /> Register of Deeda
<br /> To By
<br /> Texas Production Company Deputy.
<br /> I+'ees,�2.65
<br /> THE TEXAS CO ANY S„ �
<br /> L�a$� No. N+-�'S OIL AND GAS MINING LEASE ea�e o - . .
<br /> �F" +t��i�r{ o B7Qo N �/� ��3� � J.�,N.
<br /> J�J j���g�m�ht,�ht�i'ed into thie 19 day oE �'�b• , 19�Q , between
<br /> Chaxles H.Garritson �.nd Annie Garritson
<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 $i�Cte�i1_ DoIlars ($16.QQ ), in hand paid, of the royalties 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, storing oil and building powera, stations, telephone lines
<br /> and other structures (including housea for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following deacribed
<br /> land in Ha,],], County, State of Nebraska, to-wit:
<br /> South S�est uarter Section Twelve,Township Twelve North Range Twelve West and containing � '
<br /> 160 acres more or less. �
<br /> ,
<br /> 2: Subject to the other provisions herein cont�ined, this lease shall remain in force for a term of ten yeaxs from this date (hereiaafter called "primary �
<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 D
<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 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 usefl 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 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 paxties when and i! (*
<br /> offered for sale or transfer by lessor. �
<br /> 4. If drilling operations are not commenced on said land on or before one ear from this date, this lease shall then terminate as to both parties, unless
<br /> lessee shall pay or tender to lessor qr to the credit of lessor in $t8,�� BE�,21� of Cairo Bct�k at Cairo,Neb. (which bank is �
<br /> lessor'e agent) the sum of $l��lt — — — — � — — — — — — — _ _ .. _ _ _ — — — — Dollara (� �.�� )
<br /> (hereinafter called "rental"), which s all extend for six montha 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 ma.y be further deferred for periods of ais months during the
<br /> primaxy 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 ahall 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 sa,id land, the payments or tenders of rental in the manner herein provided shall be binding on the succeasors,
<br /> assigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lesaee shall 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 tendere. The down cash payment is consideration for thfs lease
<br /> according to its terms and sha11 not be alocated as mere renta2 for a period.
<br /> 5. If prior to the discovery of oii or gas on said land lessee should drill a dry hole or holes thereon,this lease ahall not be terminated thereby if lessee, (1
<br /> before the next enauing 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 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 /> 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 lessor's wells, for a11 operations hereunder, and the royalty on oil
<br /> and gas shall be in the net quantity after deducting any so used for operatfons. Lesaee shall have the right at any time during or after the egpiration o! thia lease to remove
<br /> ail nroperty and fixtures placed by lesaee on said land, including the right to draav and remove all casing. When required by lessor, leasee will bury all piye lines below �
<br /> ordinary_plOw depth, and no well ahall be drilled wlthin two liundred ieet of any residence or bt�rn now on said land without lessor's consent. I.esaor sha11 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 stoves and inside lighta in the principal dwelling on aaid land out �
<br /> of any aurplus gas not needed for operations hereunder.
<br /> 7. The rights of either party under thia lease may be asaigned in whole or in part and the provisiona hereof ahall extend to the heira,personal repreaentatives, aucceasore
<br /> and assigns, but no asle or asaignment by lesaor shall operate to enlarge the obligations or diminish the rights and privileges of lesaee. Should lesaee asaign thia lease in
<br /> whole or in part lessor shall look solely to the asaignee for performance of fta terms as to the parta so assigned. No sale or assignment by lessor sha11 be binding on lesaee
<br /> for any purpose until lesaee shall be furni�hed with an instrument in writing evidencing auch sale or aesignment. If lessee assigns this lease in part, the obligation (if any
<br /> exiata) to pay rentals is apportioned as between the several owners ratably accordfng to the aurface area of each, and default by one of them in the payment ot rentala
<br /> aha11 not alfect the valfdity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> 8. This lease ahall never be forEeited, cancelled, or terminated for failure by lessee to perform in whole or in part any oP ita implied obligations, nor while oil or gas is �
<br /> being produced in paying quantities for any cause whatsoever, unless there ahall first be a final judfcial ascertainnient that such obligation or cause exists and that lesaee
<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 aurrender the �
<br /> lease, with the option of reserving, under the terms of thia lease, each producing weil and ten acres surrounding it to be aelected by leasee. Lessee sha11 not be liable in
<br /> damages for breach oi any implied obligation. Q
<br /> 9. If sis or more persone be or become entitled to royalties hereunder, they shall by aufPicient written instrument designate some agent to receive payment for all,
<br /> and lessee shall not be required to make payment until such inatrument is furnished.
<br /> S0. When drilling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, atorm, flood, mar, rebellion, insurrectioa, riot, strike,
<br /> dif4erencea with workmen, or failuTe of carriers to tranaport or furnish facilities for traneportation or as a result of eome order, requisition or ttecesaity oi the government,
<br /> or as the result of anY cause whatsoever beyond the eontrol of the lessee, the time of such delay or interruption shall not be counted against lessee, anything in this lease to
<br /> the contrary notwithstanding.
<br /> 11. Lessor hereby warrants and agrees to defend the title to said land and agrees that lessee, at lesaee's option (but without any duty to do so), maq pay and diacharge �
<br /> ariy taxes, mortgagea or other liens upon said land, and in that event lessee shail be aubrogated to auch lien, with full right to enforce the same, and in addition thereto may
<br /> retain for the satisfaction of auch lien and imtereat all royaities or rentals accruing hereunder. If lessor owns an interest in said land lesa tha.n the entire fee aimple eatate, �
<br /> then the royaltiea and rentals to be paid lea8or aha11 be reduced proportionately. Should the right or interest of lesaee hereunder be disputed by lessor, or any other person, �
<br /> the time covered by the pendency oE auch diapute ahall not be counted against leasee either as affecting the term of the lease or the time for payment oi rentals or
<br /> royalties or Por any other purpoae, and lesaee may auspend a11 paymenta until there is a final adjudication or other deterxnination o! auch diapute.
<br /> IN WITNESS WHEREOF this instrument is executed on the date first above written. . ' � � '
<br /> Po� ed on A�ag APPROVED AS TO � Charles H.Garritson ts�)
<br /> 2-2� 1930 by F.VP.L. DESCRIPTION & DATA Annie Garri�son� «��
<br /> T3�/1��'��man z.�ssoR
<br /> Atteat: ( ORP TEXAS PRODUCTION COMPANY,
<br /> 3'.C.Hudnall (�EAL By A.R.Wilson _
<br /> As�tarit Secretary. Vice President
<br /> L3LS8�
<br /> STATE OF NEBRASKA,
<br /> County of H8,11 ) �s'
<br /> On this ].9 day of Feby , 19 �j8 � before me, a Notary Public, in and for ssfd County, persona,lly came the above named
<br /> Charles H.Garritson �a Annie Garritson , 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 inetrument to be their voluntary act and deed.
<br /> Witness my hand and Notarial Seal the date last aforesaid. �SEAL� C*'No�si�' 'PtibIIc.
<br /> My commission expires on the 27 day of July , �9 34 .
<br /> STATE OF COLORADO,
<br /> ss.
<br /> City and County of Denver,
<br /> On this 1.9 day of �areh , 19 ?j0, before me, a Notary Public, in and for said County, personally came the above named
<br /> 1�.I3,�Pilson , Vice President and J.C.HL1CLt13�.1 . Assistant Secretary of said Texas Production Comp&ny, who
<br /> are personally known to me to be the identical persons whose names are affixed to the above instrument as Vice President and Assistant Secretary of asid
<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. /��L� JOhn T.�TVB�TOID
<br /> � Notary Pubiic.
<br /> M commisaion ex ires on the da oP Q�'t.0�@T , 19
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