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<br /> L�r���J�.J.'�'J�jJJ�JC�,�uJ�1��J� ��I���� W
<br /> - _,___ - - __=-- ----
<br /> STATE OF NEBRASSA, �
<br /> From Hall County, } ss.
<br /> John L. Johnson and wife
<br /> I hereby certify that this instrumer��t was filed for record in my office
<br /> _ at 9:00 o'clock A��•, October 15� 19�Q , and is �
<br /> dul� recorded in book Q page 71 �-� � / �
<br /> C��;G�-cQ�K�-G'-P�!/
<br /> Register o f Deeds �
<br /> To B� �
<br /> Texas Production Company Deputy. �
<br /> . Fees,�i2.65 �
<br /> THE TEXA OPriPANY �ea�a N$.o -545 �
<br /> Lease No. �'-5°45 OIL A.ND GAS MINING LEASE p�
<br /> E �i7ratiorinBookr� 1�� '�/�i� �93$� eIIT, , �
<br /> ���I A��A�eem�nt!Tenber�t•into this �], day of . Feby � � 3
<br /> John L.Johnson and Lizzie Johnson hie wife,
<br /> lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the lawa of Colorado, lessee.
<br /> 1. Lessor, in consideration oP the sum of Eight Dollars ($ $�,0� ), 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 oP testing by any method for formationa
<br /> and prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powers, atations, telephone lines
<br /> and other structures (including houses for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following described
<br /> land in Hall County, State of Nebraska, to-wit: '
<br /> 9outh Half of North Eas� Quarter Section One Township Eleven North R.a,nge Eleven West and
<br /> containl.ng �0 acres more or less.
<br /> �
<br /> � ,
<br /> 2. Subject to the other provisions herein contained, this lease ahall remain fn force for a term of ten years from this date (hereinaiter called "primaty
<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
<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 auch one-eighth on the day it is run to the pipe line or storage tanks, lessor's intereat 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 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 so sold or used, provided that
<br /> if and when lessee shall sell gas at the wells lessor's royalty thereon ahall be one-eighth of the amount realized from such sales. Lessee is hereby given the
<br /> option of purchaeing 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 drilling operations are not commenced on said land on o befqre og ey�ar frq�n is date, this lease shg11 hen ter�n�te as to both parties, unless (�
<br /> Iessee shall pay or tender to lessor or to the credit of lessor in �t�3.t@ li�,21K OS �airo Ban3e at G8�r0� 1Vf:DT (which bank is �\I
<br /> lessor's agent) the sum of �'OLtr — — — — — — — — — — — — — — " � ' ' — — " — " Doliars ($�•OQ ) `�
<br /> (hereina.fter called "rental"), which sh8,11 extend for six months the time within which drilling operations may be commenced. Thereafter, semi-annua,lly, in
<br /> like manner, and upon like payments or tendera, the commencement of drilling operations may be further deferred for periods of six 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 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 devdlu- �
<br /> tion, change or division in the ownership of said land, the payments or tenders of rental in the manner herein provided shali be binding on the auccessors,
<br /> assigns or legal representatives of lessor. IE such bank (or a,ny successor bank) should fail, liquidate or be succeeded by another bank, lessee ahall not
<br /> be held in default for failure to make such payments or tenders until thirty days after lessor sha11 deliver to lessee an fnstrument in writiag duly �1
<br /> executed and acknowledged, naming another bank as agent to receive auch payments or tenders. The down cash payment fs consideration for this lease '
<br /> according to its terms and shall not be alocated as mere rental Por 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 nest ensuing rental paying date, commences further drilling operations or commences or resumes the payment or tender of rentais. If after the
<br /> discovery of oil or gas the production thereoP 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 nest
<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� ao long
<br /> thereafter as oil or gas is or can be produced from any well on said land.
<br /> 6. Lessee aha11 have tho free use of oil, gas, wood, coal and water from said land, except water from lessor's wells, for ail operations hereunder, and the roYalty oa oil
<br /> and gas shall be in the net quantity after deducting any ao used for operationa. Lesaee ahail have the right at any time during or aPter the expiration oi thia lease to Temove
<br /> al� property and fixtures placed by lesaee on said land, including the right to draw and remove all casing. When required by lessor, lesaee will bury a11 pipe lines below
<br /> ordinary plow depth, and no weli ahall be drilled within two hundred feet oE any residence or barn now on said land wfthout lesaor's consent. Lessor ahall have the privilege.
<br /> at the risk and expenae of lesaor, of making connection and using gas from any gas well on said land for stovea and inside lights in the principal dwelling on said laad out
<br /> oE any aurplus gas not needed for operationa hereunder.
<br /> 7. The rights oE either party under this lease may be assigned in whole or in part and the provfsiona hereof shall extend to the heirs,peraonal representativea, suceeasora
<br /> and asaigna, but no sale or asaignment by lessor shall operate to enlarge the obligationa or diminish the rights and privileges oP lesaee. Should lessee asaign this lease in
<br /> whole or in part leseor shall look 9olely to the asaignee for performance of its terms as to the parts so assigned. No sale or assignment by lessor shall be binding oa le9see
<br /> for any purpose until lessee ahall be furniahed with an instrument in writing evidencing such sale or assignment. If lessee aseigns this lease in part, the obligation (11 any
<br /> exists> to pay rentals is apportioned as between the aeveral ownera ratably accordfng to the aurface area of each, and default by one oi them in the payment o! rentale
<br /> �hali 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 shall never be forfeited, cancelled, or terminated for failure by leasee to perform in whole or in part any of ite implied obligations, nor while oil or gae is
<br /> being produced in paying quantitiea for any cause whatsoever, unless there shall first be a final �udicial ascertainment that auch obligation or cause egists and that lesaee
<br /> is in default. Upon auch Yina1 determination, lessee ia hereby given a reasonable time thereaPter to comply with such obligation, or, at lessee's election, to aurrender the
<br /> lease, with the option of reserving, under the terma of this lease, each producing well and ten acrea surrounding it to be selected by lessee. Lessee shall not be liable ia
<br /> damagea for breach of any implied obligation.
<br /> 9. If aix or more peraona be or become entitled to royalties hereunder, they ahall by sufficient written instrument deaignate some agent to receive payment for all,
<br /> and lessee sha11 not be required to make payment untii such fnstrument is furniahed.
<br /> 10. Whea drilling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, atorm, flood, war, rebellion, insurrection, riot, atrike,
<br /> difPerences with workmen, or failure of carriere to transport or furnish facilities for transportation or as a result of aome order, requiaition or necessity of the governmeat,
<br /> or as the result of any cause whatsoever beyond the control of the lessee, the time of such delay or interruption ahall not be counted againat lessee, anything in this lease to
<br /> the contrary notwithstanding.
<br /> li. Leasor hereby warrants and agreea to defend the tftie to said land and agrees that lesaee, at lesaee's option (but without anq duty to do so), may pay and diecharge
<br /> ariy tasea, mortgages or other liens upon said land, and in that event lessee shall be aubrogated to auch lien, with fuli right to enforce the same, and in addition thereto may
<br /> retain Por the satisfaction of such lien and interest a11 royalties or rentals accruing hereunder. If lesaor owns an interest in said land less than the entire fee simple eatate,
<br /> then the royalties and rentals to be paid lessor ahall be reduced proportionately. 8houid the right or lnterest of leasee hereunder be diaputed by lesaor, or any other person,
<br /> the time covered by the pendency of auch diapute ahall not be counted against lesaee either as aifeeting the term of the lease or the tlme for payment ot reatala or
<br /> royaltiea or for any other purpose. and lesaee may suspend a11 payments until there ia a Pinal adjudication or other determination of such diapute.
<br /> IN WITNESB WHEREOF this inatrument is executed on the date Pirst above written. ' � �
<br /> Posted on Ma APYL�OVED AS m0 John L.Johnson cs�,.i,)
<br /> 3-17-193o B�' z.E.L. DEg�R�PT ION & DATE . cs��
<br /> T. , e man Lizzie Johnson
<br /> 3/l�%3� (cox�) . L�ssoR
<br /> Attest: TEXAS PRODUCTION COMPANY,
<br /> J.C.HudnalJ� t SEAL) By A.R.Wilson _
<br /> ssistant Secretary. Vice Preaident
<br /> , L�SB�
<br /> STATE OF NEBRASKA.,
<br /> � ss.
<br /> County of Ha,].].
<br /> On this 5 day of Mareh , is 30 , before me, a Notary Public, in and for said County, persona,lly came the above named
<br /> John �.Joh21s0: and Lizzie Johnson , his wife, who are personally known to me to be the identical
<br /> persons whose names ar� affixed to the above instrument as lesaors, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> Witness my hand and otarial Sea1 the date last aforesaid. �SEAL� • •��� n ,
<br /> . ' �r Q ��7otary-Public.
<br /> My commission expires on the 27 day oP JulY , lg 3!'�' . '
<br /> STATE OF COLORADO,
<br /> ss.
<br /> City and County of Denner,
<br /> On this 28� day of b�a,reh , 19 3� , before me,a Notary Public, in and for said County, personally came ttie above named !
<br /> A�.�.R�i lson , Vice President and .T.�.Ht1C�I.T13�.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 Assistant Secretary o! 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 T.��8�T02T1
<br /> Notary blic.
<br /> M commiasion ex ires on the da oP October , 19
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