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<br /> ---. _ 'j -STATEJ6URNALCL2NIPANY.LINC6LN.NEB _ _ _ . �__ ___._._�___�_
<br /> STATE OF NEBRASSA,�
<br /> I; Fi'om Hall County, s�'
<br /> i�
<br /> Elle21 Dunphy a,nd husband I hereby certify that this instrumer��t uas filed for record tin m� office
<br /> �
<br /> - at j;00dc�ncic A. D1., October 1� 19 30 , and is
<br /> '! dul� recorded in book Q page 7���� �
<br /> li
<br /> Register o eeds I
<br /> To B�
<br /> (' Texas Production Company De ut�. I
<br /> - Fees,� .I-I.O p .!
<br /> 3
<br /> ' LEa r .n-��ok OIL AND G.f�S MINING LEA �#en�a�N�oo�`550
<br /> � 5��� ���8 By �.T.N. . 3��7 1�3� bY J.T. .
<br /> An Agreement, entered into this 3rd day of Ma,rch , 19 3Q , between �
<br /> � Ellen Dunphy and Edward Dunphy,her husband
<br /> ,.
<br /> '' lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee. �
<br /> �� I. Lessor, in consideration of the sum of `�i�ty ,gg4en; :�0�],Q�bllars (� 37�20 ), in hand paid, of the royalties herein provided �
<br /> �`� and the agreements of lessee herein contained, hereby gran�s, leases and lets exclusively unto'lAssee, for the purpose af testing by any method for formakions I
<br /> �! and prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and buiiding powers, stations, 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 Ha,l l County, state oP Nebraska, to-�t: Th e No r th Ha lf o f th e South eas t quar t e r o f S e c-
<br /> � tion '�'hirty three, Township Ten North, Ra,nge Twelve '�est; Southavest quarter of Southe�,st
<br /> !'' quarter of bection twenty seven, Township Ten, North, Ra,nge Twelve west; East half of Northeas
<br /> . , quarter; East half of West half of North east quaxter $ection thirty four,Township Ten,North,
<br /> � R��,nge Twelve,West; Sauth East quarter of the Southeast quarter of Section Nine, Township Nine,
<br /> � North, Rangc Twelve,West; South twenty seven acres of lots one and two in Section Eleven, To
<br /> ship Nine, North, Range Twelve, 'West; Lot One in the Northeast quarter of Section Sixteen,To
<br /> ehip Nine, Nortn, r'2��.nge T�ve1v�, �'est; Lots three and four in the North east quarter of Bectio
<br /> i sigteen, Township Nine North,Range Twelve, West, Containing 372 acres more or less (Except
<br /> ! Union Pacific Ra.ilroad Ri�3ht of �fay) ,
<br /> 2. Subject to the other provisions herein contained, this lease shall remain in force for a term of ten years from this date (herefnafter called "primary �
<br /> term") and as long thereafter as either oii or gas is or can be produced from any well on said land; however, 2essee 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 ma,y 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 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 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 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 if 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 sh�1 then rpninake �g to both parties, unless
<br /> lessee shall pay or tender to less or t the cre £ g�or in First N�ational Bank at YYOOC� �2VE:r�i��J�o (which bank j
<br /> � lessor's agent) the-sum of �igh`�een ���l�V Dollars
<br /> (hereinafter called "rental"), which shall 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 drilling operations may be further deferred for periods of sis months during the
<br /> primary term. The payments or tenders of rental may be made by the check or draft of lessee ma,iled 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. Notwithsta.nding 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 suceessors,
<br /> a.ssigns or legal representatives of lessor. If such bank (or any successor ba,nk) should fail, liquidate or be succeeded by another bank, lessee ahall noC �
<br /> be held in default for failure to make auch payments or tenders until thirty days after lessor shail deliver to lessee an instrument in writing duly �
<br /> i executed and acknowledged, naming another bank as agent to receive auch payments or tenders. The down cash payment is eonsidera.tion for this lease
<br /> � according to its terms and shail not be alocated as mere rental for a period. I
<br /> �i 5. If prior to the discovery of oil or gas on said land lessee should drill a dry hole or holes thereon,this lease ahall not 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 additiona,l drilling
<br /> �I operations within sixty days thereafter or (if it be within the primary term) commences or resumea 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 sa,id land but lessee is then engaged in drilling
<br /> operations thereon, the lease shall remain in force so long as drilling operations are nrosecuted, 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 /> i 6. Lessee shall have the free use oP oil, gas, wood, coal and water from said land, except water lrom lessor's wells, for ail operations hereunder; and tHe royalty on oil
<br /> and gas ahall be in the net quantity after deducting any so uaed for operations. Lessee ahali have the right at any time during or after the expiratiolt of thia leaee to remove
<br /> all property and fixtures placed by leasee on said land, including the right to draw and remove all casing. When required by'lessor, lesaee will bury alY pipe lines below
<br /> I� ordinary plow depth, and xio well ehall be drilled within two hundred feet of any residence or barn now on said land without lessor's consen� Leasor sha11 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 lighta in the prine3pal dwelling on said land out
<br /> of any surplus gas not needed for operations hereunder.
<br /> �' 7. The rights of either party under this lease may be assigned in whole or in part and the provisiona hereof shall extend to the heir8,peTSOna1 representatives, 8uccessors
<br /> j and assigns, but no sale or aseignment by leasor shall operate to enlarge the obligations or diminish the rights and privileges of lessee. $hould lessee aasign this lease in
<br /> '.� whole or in part lessor shall look solely to the aasignee for performance of ite terms as to the parts so assigned. No sale or as�ignment Ly lepaor shall be binding on lessee
<br /> for any purpose until lessee ahall be furnished with an fnstrurnent in writing evidencfng such aale or asaignment. If leasee assigns this lease in part, the obligation (if any
<br /> I; exists) to pay rentals is apportioned as between the several ownerx ratab2y according to the surface area of each, and default by one of Yhem fn the payment of rentals
<br /> i' ahall not affect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> ii 8. This lease shall never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its 3mpifed obligations, nor while oil or gas is
<br /> ii, being produced in paying quantities for any cause whatsoever, unlesa there shall first be a final judicial ascertainu�ent that sueh `obligation or cauae exists and that leasee
<br /> �; is in default. Upon auch final determination, lessee is hereby given a reasonable time thereafter to comply with such obligation, or, at leasee's eleetion, to surrender the
<br /> � lease, with the option of reserving, under the terms of this lease, each producing well and ten acres surrounding it to be aelected by lessee. Lessee shall not be liabie in
<br /> �i damages for breach of any implied obligation.
<br /> � 9. If six or more persons be or become entitled to royaities hereunder, they ahall by auPficient written instrument deaignate some agent to receive payment ior all,
<br /> �, and lessee ahall not be required to make payment until such instrument is furnished.
<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 /> differences with workmen, or failure of carriers to transport or furnish facilities for tranaportation or as a result of aome order, requisiLion or necesaity of the government, i
<br />' ; or ae the result of any cause whatsoever beyond the control of the lessee, the time of such delay or interruption shall not be counted againat lesaee, anything in thi� lease to f
<br /> the contrary notwithatanding.
<br /> I 11. Leaeor hereby warranta and agrees to defend the title to said land and agreea that leasee, at lesaee's option (6ut without anq duty to do so), may pay and discharge
<br /> � ariy taxes, mortgages or other liens upon said land, and in that event lessee shail be subrogated to auch lien, with fuli right to enforce the same, and in addition thereto may
<br /> f; retain for the satiafaction of such lien and interest all royalties or rentals accruing hereunder. If leasor owns an interest in sold land less than the entire fee aimple estate, �
<br /> then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest of lessee hereunder be diaputed by leasor, or any other peraon,
<br /> the time covered by the pendency of such dispute ahall not be counted againat lessee either as affecting the term of the lesse or the time for paymeut of rentals or �
<br /> royalties or for any other purpose, and lessee may auspend all payments until there is a final adjudication or other determination of such diapute.
<br /> ' IN WITNESS WHEREOF this instrument fs executed on the date first above written. �
<br /> � Posted on Ma.p APP??OVED AS TO ��
<br /> ,j ;-17-19;0 by I.E.L, D�FS�R�PTION & DATA � � Ellen DunphY csEa.L> i�
<br /> �/eeman EdwSrd Dunphy �sE�.z,� �a
<br /> `; �I�-�1 3� � LFSSOR � '�
<br /> f; Attest: ' ' COR� TEXAS PRODUCTION COMPANY, I, ,
<br /> �;
<br /> i' J.C.Hudnall SEAL By A.R.Wilson - '� ,
<br /> Assistant Secre ary. Vice President ,I '
<br /> LESSEE :
<br /> Ii STATE OF NEBRASKA, ) � � '
<br /> . ( ss. l�
<br /> � County of BLif�8.�.0 � i
<br /> j'; On this �- day of ��S'Ch , 19 30 , before me, a Notary Public, in and for s&.id County, personally came the above named ,�
<br /> �: E116ri Dunphy and Edward Dunphy,her husbar�d� °'�, 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. i
<br /> ;' Witness my hand and Notarial Seal the date last aforesaid. ��EAL� I�.T t�A Slat t ery '
<br /> i Notary Publie. I
<br /> �; My commisaion expires on the 5�h day of �'�u,�y;_ 1� 7,�,
<br /> 1 STATE OF COLORADO, � i�
<br /> � ss. !
<br /> i' City and County of Denver, ,
<br /> i., �
<br /> �, On this 2� day of Mareh , 19 3� , before me, a Notary Public, in and for said County, persortally eame the above named �
<br /> li A.�.Wilson , Vice President and J. �'i.H11d212I,1�. � - Assistant Secretary of said Texas Productien Company, who I
<br /> are personally known to me to be the identical persons whose names are affixed to the above instrument as Vice President and AsSigtant Searetary of said
<br /> ,; corporation, and they acknowledged the instrument to be their voluntary act and deed and the volunta.ry act aad deed of said corporation.
<br /> I ;i Witness my hand and Notarial Seal the date last aforesaid. (gEAL) �p�� T stro ��
<br /> �+ NOta
<br /> � � ����. �
<br /> My commission expires on the �jQ day of October 18 ��
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