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<br /> STATE OF NEBRASgA,�
<br /> FrOm Hall Cou�aty, ss.
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<br /> I Newton 3ens�ney and wife I hereb certi that this instrumey�t was zled or record in m o zce
<br /> I; y fy f' f y ff'
<br /> Ii . at 9 o'cl,ocic A. D7., OCtObeT 15� 19 30 , ¢nd is
<br /> I �i dzcl� reco�-ded in book Q page 72
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<br /> i` � Regi�f Deeds
<br /> l;� To B✓
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<br /> 'i Texas Production Company veputy.
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<br /> � , Fees,� 2.S'0
<br /> ; Lea e �t . N- OIL AND GAS MINING LEA�,SE Lease-AtaN����
<br /> � E �rat�(o�n B��oTk�+.N ��f��a���g° J.�j' N. �
<br /> � 3�� A��i�en�,yen'Cel�tY 3Yitb this 26 day of Feb. , 19 �� , be�ween
<br /> � New�on Senseney and Vera Senseney his wife
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<br /> � leasor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
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<br /> ; 1. Lessor, in consideration of the sum of T�relve Dollars (� ],2�QQ ), 3n hand paid; of f�he royalties herein provided
<br /> and the agreements of lessee herein contained, hereby grants, leases and leta exclusively unto lessee, for the purpose of teating by any method for formations
<br /> 1 � a.nd prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storil�g oil and building powers, stations, telephone linea
<br /> �I and other structures (including houses for employees) thereon, to produce, save, take care of, treat and transport said products, the following described
<br /> land in H�.11 County, State of Nebraeka, to-wit:
<br /> East Half of North East �uarter Section Five; Township ten North Range Eleven �lest;
<br /> � 9outh iNest Quarter of North West Quaxter Section Thirty three Township El�ven North
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<br /> Raxige Eleven West contai.ning 120 acres more or less.
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<br /> �� 2. Subject to the other provisions herein containe8, this lease shall remain in force for a term of ten yeaxs from this date (hereinafter called "primary
<br /> Citerm") 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 leaLSe'
<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 vvells or to the credit of lessor in the pipe line to which the wells may be connected, or, at the optioa of the lesaee, 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 as crude, and (b) on gas produced from safd Yand and aold or used 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 responsibie third parties when and'ff i
<br /> Ioffered for sale or transfer by lessor. j
<br /> 4. If drilling operations are not commenced on said land on or ore o e ea �rom t3�is date, this lease shall then terminake as to both parties, unless �
<br /> � lessee shall pay or tender to lessor or to the credit of lessor in �i r s� �3�1 OY18.1 Bank at y�o o d Ri v�r, N . (which bank ig
<br /> lessor's agent) the sum of ,,qix -- _ -. — — — — — — — — — — — — — — — — ._ _ _ _ ._ Dollara ($ 6��$
<br /> i (hereinafter cailed "rental"), which ahall extend for six months 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 driliing operations may be further deferred for periods 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 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 rental in the manner herein provided ahall be binding on the successors,
<br /> • assigns or legal representatives of lessor. If such bank (or any auccessor 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 tender�. The down cash payment is consideration for this lease
<br /> I( according to its terms and ahall not be alocated as mere rental for a period.
<br /> j 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 ff lessee,
<br /> i before the next ensuing rental paying date, commences further drilling operations or commeuces or resumes the payment or tender of rentals. Tf after the �
<br /> i 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 su�ty days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentais befolre 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 /> � i 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 ga,s, so long
<br /> � thereafter as oil or gas is or can be produced from any well on said land. �
<br /> i 6. Lessee shali have the free use of oil, gas, wood, coal and water Srom said land, escept water irom lessor's wells, for ail operations hereunder, and the royalty on oii I
<br /> � and gas ahall be in the net quantity after deducting any so used for operations. Lease� shall have the right at any time duririg or after the expiration pf this lease to �emove �
<br /> j� 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.bury ail pipe 3ines below
<br /> � �i ordinary plow depth, and no well ahall be drilled within two hundred feet of any residence qr barn now on said land without lessor's consent, I.esspr ahall have the yrivilege, ,
<br /> � at the risk and expense of leseor, of making connection and uaing gas from any gas weil on eaid land for atoves and inside lights in the principal dweliing on safd land out
<br /> of any surplus gas not needed for operations hereunder.
<br /> , 7. The rights oP either party under thia lesee may be assigned in whole or in part and the provisions hereof shali extend to the heirs,peraonal representatives, suCCesgore
<br /> � and assigns, but no sale or assignment by lesaor shall operate to enlarge the obligations or diminish the rights and privflegea oY leasee. 3hould leasee a8sign thi8 lease in
<br /> whole or fn part lessor shall look eolely Yo the assignee for performance of its ferms as to the parts so assfgned. No sale or assignment by+ lesaor shall be binding on leasee
<br /> (� t� for any purpose until lessee ahall be furnished with an instrument in writing evidencing auch sale or assignment. Ii lessee asaigna thi$ lease in pat't, the obligation (if any
<br /> 1 \ '� exists) to pay rentals is apportioned as between the several ownera ratably accordin� to the surface area of each, and default by one`of them in the payment oi rentals I
<br /> \.J � shall not affect the validity of the lease on the porf.ion of land upon which pro rata rentals are paid or tendered.
<br /> 8. This lease shall never be forPeited, cancelled, or terminated for faflure by lessee to perform in whole or in part any of its implied obligations, nor while oil or gas ia
<br /> � � being produced in paying quantities for any cause whatsoever, unless there ahall firat be a final �udicial ascertainrrient that such obligation or cause exista and that lessee
<br /> N I� is in default. Upon such final determination, lessee is hereby given a reasonable time therealter to comply with such obligation; or, at lesaee'e eleetion, to surxender the
<br /> � lease, with the optfon of reaerving, under the terms of this lease, each producing well and ten acres surrounding ft to be aelected by lessee. Lesaee �ha11 not be liabie in
<br /> ppp��\ damages for breach of any implied obligation.
<br /> �C I 9. If six or more persons be or become entitled to royalties hereunder, they shall by sufficient written fnstrument designate some agent to receive payxnent Por all, �
<br /> p � and lessee ahall not be required to make payment until such instrument ia furniahed.
<br /> t� ,' 10: When driiling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, atorm, flood, war, rebellion, inaurrection, riot, atrike, I
<br /> ('� i differences with workmen, or failure of carriers to transport or furnish facilities for transporCation or as a result of some order, requisition or necesaity oi the gavernment, i
<br /> � � or as the result of any cause whatsoever beyond the control of the leesee, the time of such delay or interruption sha11 not be counted againat lesaee, anythittg fa 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 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 sha11 be subrogated to such lien, With fuli right to enforce the same, and in addition thereto may
<br /> , retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. IP lessor owns an inkerest in �tiid land lesa fhan the entire`fee simple eat&te,
<br /> J then the royalties and rentals to be paid leasor shali be reduced proportionately. Should the right or interest of lessee hereUnder be disputed by lesaor,br any other person,
<br /> 1 (� the time covered by the pendency of such dispute shall not be counted againat lessee either as affecting the term oE the lease or the time for payment o! rentals or
<br /> Q i, royalties or for any other purpose, and lessee may suspend all payments until there is a final adjudication or other determination of such diapute.
<br /> � (� IN WITNESS WHEftEOF this instrument is executed on the date first above written. � I
<br /> �' Poeted on �ap - APPROVED AS TO Newton Sen�aeney cs�L> ,
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<br /> I�' 3-17-1930 by I.E.L. DE C IpTION & DATE Vera'Senseney csE��
<br /> !� _. CORP r�$% �eman � z�ssox
<br /> �, , . . c � � �
<br /> ;. Attest: /SE�L� TEXAS PRODUCTION COMPANY, j
<br /> � J.C.Hudnall �- By A.R.�lil�on ;
<br /> � Assistant Secretary. � Vice President
<br /> LESSEE jI i
<br /> 1 STATE OF NEBRASKA, � I
<br /> ( County of xa.1.1 S ss' '
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<br /> On this �$� day of Februa,ry , 19 30, before me, a Notary Public, in and for asid unty, personally came the above named iI
<br /> 3 '�
<br /> ij Newton 3enseney and Vera Senseney , his wife, who are ��nally known to me to be the identical
<br /> Ipersons whose names are affixed to the above instrument as lessora, and th ey each acknowledged said instrument to be their voluntary act and deed. i .� ,
<br />� � Witness my hand and Notarial Seal the date laet aforesaid. �sE�L� (�i.S.Ho ek s t r a �
<br /> I Notary Public. i
<br /> �I My commission expires on the $' day of AL1�1;. , 18 3� . ��
<br /> � STATE OF COLORADO,
<br /> � ss. I
<br /> �f City and County of Denver, �
<br /> On this 2$� day of �Q�,TCh , 19 3�, begore me, a Notary Public, in and for said County, personally came the above na,med
<br /> A.R.Wilson , Vice President and cT.ri.HLLC�T18,].� • - Assistant Secretary of said Texas P�oduction Company, who I
<br /> are personally known to me to be tha identical persons whose names are affixed to the above instrument as Vice President and As�iigtant Secretary of said
<br /> j corporation, and they acknowledged the instrument to be their voluntary act and deed and the voluntary ac� and deed of said corporation. i
<br /> iWitness my hand and Notarial Seal the date last aforesaid.
<br /> I' , . (SEAL) Johrota y�„b8�rom
<br />� ` M commission ex ires on the Q da of �CtOb@Z' 19
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