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<br /> STATE OF NEBRASgA,�
<br /> fi From Hall County, ss.
<br /> �` Thomas Elli s c� `�if e
<br /> i� I hereb� certify thmt this instrumer�t -u•as filed for .record in �ny office
<br /> ,,
<br /> - at 9 o'cl,ncic A. ��•, October l�j� 19 3Q , and is 'I
<br /> �� dul f recorded in book Q page 70 >� p � I
<br /> I� �_��-�
<br /> �; Regi.ster Deeds
<br /> �� TO B�
<br /> �;
<br /> � Texas Production Company Deputy.
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<br /> i; - I+'ees,�.6
<br /> '� �ase n. - - OIL AND GAS MINING LEASE Lea � N . -
<br /> j� r Rn B o k R n�a l �o o
<br /> y� ��� �g��e�ien�y en�e're�d'n t o t h i s 2$� d a y o f . F e b r u a r y 3��'� �93�i B y j pJ'T be w e e n
<br /> (
<br /> �}I Thomae Ellis and Julia Ellis hie wife -
<br /> �i� lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee. �
<br /> 'i 1. Lessor, in consideration of the sum of E�ght _ Dollars (� $�.�� ), in hand paid, of the royalties herein �rovided
<br /> and the agreements of lessee herein contafned, hereby grants, leases and lets exclusively unto lessee, for the purpose of testing by any method for forma.tions
<br /> and prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil �,nd building poWers, stations, telephqne lines
<br /> �,,� and other structures (including houses for employees) thereon, to produce, save, take care of, treat and transport said products, the following described
<br /> � �li land in �j�,],], County, State of Nebraska, to-wit: �
<br /> � North Half of RTorth ��est Quarter Section Nineteen Townehip Nine North Range Twelve West
<br /> � ;� and containing �0 acres more or less. ?
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<br /> I' 2. Subject to the other provisions herein contained, this lease shall remain in force for a term of ten years from thfs date (hereinafter called "primary �
<br /> tierm") 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 sa,ved from said land, the same
<br /> to be delivered at the vvells 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 intereat in either case to bear its
<br /> 'i 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 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 /> �i if and when lessee shall sell gas at the wells lessor's roya.lty thereon shall be one-eighth of the amount realized from such sa.les. Lessee is hereby given the �
<br /> _ option of purchasing all or any part of said royalty rights from the lesaor at the best bona fide price offered by responsible third pat�ties when and if ji
<br /> � offered for sale or transfer by lessor. �
<br /> I 4. If drilling operations are not commenced on said land on or before one year from this date, this lease shall 1}en ermfna.t �g to both parties, unless j
<br /> � lessee ahall pay or tender.to 1 ssor or to the credit of lessor in �'i�g t a'�8,'�� Bank at �h$�'�p71��}�D' (which bank ig
<br /> lessor's agent) the s�m of �OLi2' — — — — — — — — — — — — � — — — — — — — — — — — Dollars ($'+`,�� ) ?
<br /> i (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, aemi-annually, in �
<br /> i' like manner, and upon like payments or tenders, the commencement of drilling operations may be further deferred for periods of aix months during the i
<br /> ii primary term. The paymenta 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 /> j of payment. Drilling operations hereunder shall be deemed to be commenced when the first material is placed on the ground. Notwithatanding any devolu- �
<br /> �i tion, change or division in the ownership of said land, the payments or tenders of rental in the manner herein provided ahali be 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 !I
<br /> i� be held in default for failure to make such payments or tenders until thirty days after lessor shali deliver to lessee an instrument in writing duly '�
<br /> , executed and acknowledged, naming another bank as agent to receive auch payments or tenders. The down cash payment is consideration for this lease !�
<br /> i, according to its terms and shall not be alocated as mere rental for a period. i+
<br /> 'i 5. If prior to the diacovery 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, I�
<br /> i! before the next ensuing rental paying date, commences further drilling operations or commences or resumes the payment or tender of rentals. If sfter 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 Ii
<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 /> �i 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 �j
<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 weil on said land.
<br /> I 6. Lessee shall have the free use of oil, gas, wood, coal and water from safd land, except water from lessor's weils, for ali operations hereunder, and the royalty on oil f
<br /> ! and gae shall be in the net quantity after deducting any so used for operations. Leasee sha11 have the right at any time during or a,fter the expiration ot thia lease to remove I
<br /> all �roperty and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required bY lessor, lesaee will bury all pipe lines below
<br /> la ordinary plow depth, and no well shall be drilled within two hundred feet of any residence or barn now on said land without lessor's consent. Lessor ahall have the privilege,
<br /> � at the risk and expense of leasor, of making connection and using gas from any gas well on said land for stoves and inside lights in the principal dwelling on said land out
<br /> 1! of any surplus gas not needed for operations hereunder.
<br /> 7. The rights of either party under thia lease may be assigned in whole or in part and the provisions hereof shall extend to the heirs, pereonal representatives, succes»ore �
<br /> and assigns, but no sale or assignment by lesaor shall operate to enlarge the obligationa or diminish the righta and privilegea of lessee. Should les�ee .aasign thia lease in �
<br /> !i whole or in part lessor sha11 look solely to the assignee for perform2nce of its terms as to the parts so assigned. No sale or assignment by lesaor ahall be binding on leasee
<br /> for any purpose until lessee shall be furnished with an instrument fn writing evidencing such sale or assignment. IY lessee assfgns thia lease in part, the obligatfon (if aany
<br /> ,, exiats) to pay rentals is apportioned as between the several owners ratably accordfng to the aurface area of each, and default by one of them fn the payment of rentals
<br /> � shall not aYfect the validity of the lease on the portfon of land upon which pro rata rentals are paid or tendered. ;
<br /> � 8. This lease shali never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its implied obligations, nor while oil or gas is !
<br /> i! being produced in paying quantities for any cause whatsoever, unless there shall first be a finai judicial ascertain�rient that such obligation or cauae exi�ts and that lesaee j
<br /> is in default. Upon auch Yinal determination, lessee ia hereby given a reasonable time therealter to comply with auch obligation, or, at leasee'a election, to surrender ihe
<br /> �i lease, with the option of reserving, under the terxns of this lease, each producing well and ten acres aurrounding it to be aelected by leasee. Leasee aha11 not be liabie in �
<br /> ` damages for breach of any implied obligation. �
<br /> !� 9. If six or more persons be or become entitled to royalties hereunder, they shall by sufficient written instrument designate aome a ent to receive '
<br /> �i and lessee sha11 not be required to make payment until such instrument is furnished. g PaYment for all, i
<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, inaurrection, riot, atrike, �
<br /> � differencea with workxnen, or failure of carriers to transport or furnish facilitiea for transportation or as a result of some order, requisition or necessity of the governmeat, !
<br /> j or as the result of any cause whatsoever beyond the eontrol of the leasee, the time of such delay or interruption shall not be counted against lessee, anything in this lease to �
<br /> �I the contrary notwithstanding.
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<br /> 11. Lessor hereby warrants and agrees 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 /> � ariy taxes, mortgages or other liens upon said land, and in that event lessee shall be subrogated to auch lien, with fuli right to enforce the same, and in addition thereto may '
<br /> � retain for the satisfaction of auch lien and interest all royalties or rentals accruing hereunder. If lessor owns an dnterest in araid land leas than the entire fee simple est8,te, i
<br /> then the royalties and rentals to be paid lessor ahall be reduced proportionately. Should the Tight or interest of lessee hereunder be disputed by lessor, or any other person, �
<br /> � the time covered by the pendency of auch dispute shall not be counted against lessee either as affecting the term of the lease or the time for payment of rentals or
<br /> � royalties or for any other purpose, and lessee may suapend all payments until there is a final adjudication or other deterxnination of auch dispute. i
<br /> i IN WITNESS WHEREOF this instrument is executed on the date first above written. �
<br /> �' Posted on Map - APPF�OVED AS TO Thomas E11is csEaL�
<br /> �� 3-17 1930 by I.E.L. DESCRIPTION �' DATA� Julia Ellis cs�aL�
<br /> T.F.Fr e eman L�SSOR
<br /> 'i Attest: ' ` �f�.7 J�jO �QQ�� TEXAS PRODUCTION COMPANY,
<br /> �; J.C.Hudr�a�.�. (9EAL�y A.R.'�ilson
<br /> �� ss s ant Secretary. Vice President
<br /> ii LESSEE
<br /> �� STATE OF NEBRASKA,
<br /> �' County of Buf f alo �' �9'
<br /> � On this 1$'t day of �areh , 19 3� , before me, a Notary Public, in and for ssid County, persona.11y came the above named
<br /> i Thomas Ellis ana Julia F:11�8 , his wife, who are personally known to me to be the identical '
<br /> ! persons whose namea are aff�ed to the above instrument as lessors, and th ey each acknowledged sai�trument to be their voluntary act and deed. '
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<br /> I Witness my hand and Notarial Seal the date last aforesaid. �:
<br /> II�' �: . v
<br /> +, ���1L� Martin S�.&$'�o��t�yPublic.
<br /> ' My commission expires on the 5tr1 day of elL21y , 19 �j0 . '
<br /> STATE OF COLORADO, '
<br /> � ss. '
<br /> City and County of Denver,
<br /> On this �� day of �1Qa,y , 19 7j0 , before me, a Notary Public, in and for said County, personally came the above namefl
<br /> II A.R;Wileon > Vice President and �J. Ci.HL1C�Tla,1�. . Assistant Secretary of said Texas Production Company, who
<br /> are personally known to me to be the identical persons whoae names are affixed to the above instrument as Vice President and AssiBtant SeeretaPy 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. (gEAL) John T.rj strom
<br /> Ndtary Public.
<br /> � commiasion ex ires on the da of C� b 19
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