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<br /> ___ -_�-�� - _____.____ - ___ ._- -- - .._ _�_- _--__-----_---- ---- -
<br /> STATE OP NEBRASTi�i,�
<br /> From ss.
<br /> Hall County, �
<br /> Char2es E.Bruckman a.Ad V61f8 I Izereby certif� that th�.s instrumer��t u;as filed for record vn my office
<br /> _ at 9:00 dcl,ocic A. as., October 1 S 1� 30 , and is
<br /> duly recorded in book (� page $'1 �
<br /> ° Pegister o f D� e� � ,
<br /> To B� .
<br /> Texas Production Company Deputy.
<br /> _ _ 1�'ees,� 2,6 5
<br /> eas�e o. N-55
<br /> E��ajir1tionNBook OII� A.ND GAS 1�/IIIiTII\TCi� LEA E � �$���a}9�8ok �
<br /> 3�i7 93� lg Q between �
<br /> An Agreement, entered into this 6 day of Mar eh � 3 '
<br /> Charles E.Bruckman and Blanche A.Bruckma,n, his wife -
<br /> lessor (whether one or more), a,nd TL�`XAS PRODUCTION COMPANY,�,a„c��gQ tion organized under the laws of Colorado, lessee. � �
<br /> 1. Lessor, in consideration of the sum of �'OT'ty Q1�71't 8e �FU ��ollars (� �-$�,�� ), 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 powers, stations, telephone lines
<br /> and other structures (including housea for employees) thereon, to produce, sa,ve, take care of, Lreat and transport said products, the following described
<br /> land in Hall County, State of Nebraska, to-wit:
<br /> Southeast quarter; E�,st half of the West half and Lots One ,Two, Thre� and four, Section Thirt
<br /> One,Tovvnship Nine, North, Ra,nge Eleven, West and containing 4�4 acres more or less. -
<br /> 2. Subject to the other provisions herein contained, this lease shall remain in force for a term of ten years from this date (hereinafter called "primary
<br /> term") and as Iong 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-eiahth 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 such one-eighth on the day it is run to the pipe line or storage tanks, lessor's interest in either case to bear ita
<br /> proportion of any expense of treating unmerchantable oil to render it merchantable as crude, �nd (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
<br /> offered for sale or transfer by lessor.
<br /> 4. If drillin o erations are not commenced on said land on or ef re on@ ea ro thie ate, this lea�e sh 11 then�termi e as to both parties, unless
<br /> lessee shall pay or tender to lessor or to the credit of less in 1�e�rasKB. �c'a,t�lOri&� Bank at �fi.6t1T1�$,�ebr.1� (which bank is
<br /> lessor's agent) the sum of '�y�@ nt f our and .20��],00 D°ti�'� (� 2`t'•20, �
<br /> (hereinafter called "rental"), which�hall 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 /> primary term. �he 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 paymenta or tenders of rental in the manner herein provided shall be binding on the successors,
<br /> assigns or legal representatives of lessor. If such bank (or any successor bank) should fa.il, liquidate or be succeeded by another bank, lessee shall not
<br /> be held in default for failure to make such 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 tenders. The down cash payment is consideration for this lease
<br /> according to its terms and shall not be alocated as mere rental for 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 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 rentais. 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) coxn.mences or resumea 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 driliing operations are prosecuted, and, if they resuit in the production oP oil or gas, so long �
<br /> thereafter as oil or gas ie or can be produced from any well on stzid land.
<br /> 6. Lessee shall have the free use of oil, gas, svood, coai and water frum said land, except water from lessor's wells, for all operatfons hereunder, and the royalty on oil
<br /> and gas shall be in the net quantity after deducting any so used for operations. Lessee ahall have the right at any time during or after the expiration of this lease Lo remove
<br /> all property and fixtures placed by lessee on sa�id land, including the right to draw and remove all casing. When required by lessor, lessee will bury all pipe lines below z`
<br /> ordinary plow depth, and no weil shall be drilled within two hundred feet of any residence or barn now on said land without lessor's consent. Lesaor ahall have the privilege, I�T
<br /> at the riak and expenae of lessor, of maliing 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 /> of any surplus gas not needed for operations hereunder.
<br /> 7. The righta of either party under this lease may be assigned in whole or in part and the provisions hereof shail extend to the heirs, personal representatives, auccessors
<br /> and assigns, but no sale or tassignment by lessor shall operate to enlarge the obligaiions or diminish the rights and privileges of lessee. Should lessee assign this lease in
<br /> whole or in part lessor shall look aolely to the assignee for performance of its terms as to the parts so assigned. No sale or assigmnent by lessor shall be binding on leasee
<br /> for any purpose until lessee shall be furnished with an instrument in writing evidencing such sale or assignment. If lessee aseigns this lease in gart, the obligation (if any
<br /> exists) to pay rentals is apportioned as between the several owners ratably according to the aurface area of each, and default by one oP them in the payment of rentals
<br /> shall not aYfect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> 8. This lease shail 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 38
<br /> being produced in paying quantitiea for any cause whatsoever, unless there ahall first be a final judicial ascertainrr�ent that auch obligation or cause exiats and that lesaee
<br /> is in default. Upon such final determination, lessee is hereby given a reasonable time thereafter to comply with auch obligation, or, at lessee's election, to surrender the
<br /> lease, with the option of reserving, under the terxns of this lease, each producing well and ten acres aurrounding it to be selected by lessee. Lessee sha11 not ba liable in
<br /> damages for breach of any implied obiigation.
<br /> 9. If six or more persons be or become entitled to royalties hereunder, they shall by sufficient written instrument designate some agent to receive payment for a11,
<br /> and lessee shall not be required to make payment until such instrument is furnished.
<br /> 10. When driiling or other operations are delayed or fnterrupted by lack of water, labor or material, or by fire, storm, flood, war, rebellion, insurrection, riot, strike,
<br /> differences with workmen, or failure of carriers to transport or furnish facllities for transportation or as a reault of some order, requisition or necesaity oY the government,
<br /> or as the result of any cause whateoever beyond the control of the lessee, the time of such delay or interruption shall not be counted againat lessee, anything 1n this lease to
<br /> the contrary notwithatanding.
<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 diacharge
<br /> ariy taxes, mortgages or other liens upon said land, and in that event lessee shall be subrogated to such lien, wilh full 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. If lessor owns an interest in said land less than the entire fee aimple eatate,
<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 lesaor, or any other person,
<br /> the time covered by the pendency oY such dispute shall not be counted against lessee either as affecting the term of the lease or the time for payment oE rentals or
<br /> royalties or for any other purpoae, and lessee may suspend a11 paymenYs until there is a final adjudication or other determination of such dispute.
<br /> IN WITNESS WHEREOF this instrument is ese�uted on the date first bove written. •
<br /> Posted on Ma,p . APPROVED AS T�6 (�harles �. Bruckman (SEAL) �
<br /> 3-17 193o by I.E.L. DESCRIPTION & DATA �ianche -A. Bruckman cs�ar.�
<br /> �r�.����eman - L�ssoR
<br /> Attest: � �� TEXAS PILODUCTIOIV COMPANY,
<br /> J.C.Hudnall �sE�L� sy A.R.Wilson
<br /> Assistant ecre a . Vice President
<br /> . Z poi�Thro�h 2 LE.SSEE
<br /> C/eari%,9 ��sp
<br /> STATE OF NEBRASKA, Pr�arMo�m�q�^rf���4t 4
<br /> S9. F'irst yatien:�dvi��r:tbY.GF•
<br /> County of Ada,tT18 � � �==�-���'" � �
<br /> On this 6'�r1 day of ,,� �,reh , 19 j� , before me, a Notary Public, in and for said County, personally came the above named
<br /> Charles E.Bruckman and Bianche A.Hruckman , his wife, who a.re personally known to me to be the identicai
<br /> persons whose names are affixed to the above instrument as leasors, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> Witness my hand and Notarial Seal the date last aforesaid. (s�AL) �a,ude E.1'a,V1.OT
<br /> Notary Public.
<br /> My commission expirea on the 1�t day of No v emb e r � lg 3 2 ,
<br /> STATE OF COLORADO,
<br /> ss.
<br /> City and County of Denver,
<br /> On this 2� day of �a.3T , 19 30 , before me, a Notary Public, in and for said County, peraonaliy came the above named
<br /> A,R.�11SOn , Vice President and �j.�i'.Hudnall 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 Assiatant Secretary of said
<br /> corporation, and they acknowledged the instrument to be �heir voluntary act and deeci and the voluntary act and deed of said corporation.
<br /> Witness my hand and Notarial Seal the date last aforesaid. John T.Nystrom
<br /> (SEAL) Notary Publie.
<br /> My commission expirea on the day of , 19
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