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<br /> _._ . .-'3TATEJQVRNAL OffiPA7QT���"tNCOtN.iQEB. . . ___._. _. ._ _ . .. _...__ . -.. ,_.�.�..._�___�
<br /> �J STATE OF NEBRASSA,�
<br /> From Hall couazt�, S�'
<br /> �� �1+(111�,�,2T1 L.Yates 2i.Ild vP1fB I hereby c�rtify that this instrumey��t wcrs filed for record i,� m� office
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<br /> - at g.00 o c1,ncic A.11t•, OCtOber 15 13 �p , and is
<br /> dul� �-ecorded in book (� page $2 .
<br /> �`i���,-�L �-'-�-�''�' �ec�ister of Deeds
<br /> To B?/
<br /> Texas Production Company Deputy.
<br /> ' . z'ees,�2.65 i
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<br /> ± Lease No. �r-55 AND GAS MINING LEA R�ata�N°sook 557
<br /> :'E piration Boo
<br /> I, 1 1 0 B J.T.N. 3��7 1930 By J.T.N �
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<br /> i An Agr�ement, entered into this 'th day of March 19 between
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<br />, � William L,Yates and Elizabeth Pearl Yates his wife, Aoniphan Nebrask�
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<br /> �; leasor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> �'" 1. Lessor, in consideration of the sum ofThirty one&40/100 Dollars ($ �1��}0 ), in hand paid, of Che royalties herein provided I
<br /> and the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto essee;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, atations, telephone 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 /> �' land in Ha,l], County, State of Nebraska, to-wit: +
<br /> �`� the west half of section townshi north ran e 10 we t a d �
<br /> 7, p 9 g s n contalning 31�+ acres more or �
<br /> �; Iess. - j
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<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 /> i term") and as long thereafter as either oil or gas is or can be produced from a,ny well on said land; however, lessee at any time may release this lease i
<br /> in whole or in part.
<br /> ;; 3. The royaltiea 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 option of the lessee, lrom time to i
<br /> time, the market price a,t 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 /> r �y''; 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 /> i 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. �I
<br /> 4. If driliing operations are not commenced on said land on or �2e,for@ one e fro is date, thia lease s 11 t}}e termi te as to both arties, unless ��
<br /> ' lessee shall pay or tender to lessor or to the credit o lessor in t3a.IIK O� �on�p�an Bank at�0II1�?�$. .�e��aska t�h bank is ;
<br /> � lessor's agent) the sum of Fifteen and �0��.00 — — — — — — — — — — — — — — — — — — Do�ars ($ ],�j 7� ) !
<br /> - (hereinafter called "rental"), which shall extend or six months the time within which drilling operations may be commenced. Thereaft8r, fiemi-annually, in �
<br /> like manner, a.nd upon like payments or tenders, the commencement of drilling operations may be further deferred for pe�riods of six months during the �
<br /> primary term. The payments or tenders of rental may be made by the check or draft of lessee mafled ur 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- j
<br /> i 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 successors, �
<br /> assigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be suceeeded 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, j{
<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 /> ii discovery of oil or gas the production thereof should cease from a,ny 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 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 i�
<br /> � operations thereon, the lease shall remain in force so long as driiling operations are prosecuted, and, if they result in the production of oil or gas, ao long I
<br /> ' thereafter as oil or gas is or can be produced from any well on said land. i�
<br /> �+ 6. Lessee shall have the free use of oil, gas, wood, coal and water from said land, except water from lessor's Weils, for a11 operations hereunder; and the royalty on oil !j
<br /> and gae shall be in the net quantity after deducting any so used for operations. Lessee shall have the right at any time during or after the expiration of thia lease to remope
<br /> � ; al� property and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by lesaor, leasee will bury all pipe lines below i
<br /> ordinary plow depth, and no well ahall be drilled within two hundred feet of any residence or barn now on said land without lessor's conaent. Lessor aha11 have the privilege, i
<br /> � �i at the risk and expense of lesaor, of making connection and using gas from any gas well on said land for stoves and inside lighta in the principat dwelling on said land out �
<br /> of any aurplus gas not needed for operations hereunder. �
<br /> � � 7. Tha rights of either party under this lease may be aseigned in whole or in part and the provisions hereof shall extend to the heira,personal ;epresentatives, auccessors �
<br /> ' and assigns, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the rights and privileges of leasee. Should lesaee assign this lease in {
<br /> whole or in part lessor shall look aolely to the assignee for performance of ita terms as to the parts so assigned. No sale or assignxnettt by lessor ahall be binding on lesaee I
<br /> for any purpose until lessee shall be furnished with an instrument in writing evidencing auch sale or assignment. If lessee asaigns this lease in part, the obligatfon (if any �
<br /> exists) to pay rentals is apportioned as between the several owners ratably according to the surface area of each, and default by one of them in the payment of rentals
<br /> ! ahall 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 ahall never be forfeited, cancelled, or terminated for failure by lessee ta perPorm 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 firat be a final 3udicial ascertainment that euch obligation or cause exists and that leasee
<br /> is in default. Upon such final determination, lessee is hereby given a reasonable time therealter to comply with auch obligation, or, at lessee's election, 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 selected by leasee. Lessee shall not be liable in �,
<br /> �� damages for breach of any implied obligation.
<br /> ry i 9. If aix or more persons be or become entitled to royalties hereunder, they shall by sufficfent written instrument designate some agent to receive payment for all, i
<br /> I' and lessee shall 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, rebeilion, insurrection, riot, strike, '
<br /> �, differences with workxnen, or failure of carriers to transport or furnish facilities for transportation or as a result of some order, requisition or necessity of the government, �
<br /> �� or as the result of any cause whatsoever beyond the control of the lessee, the time of such delay or interruption sha11 not be counted againat leasee, anything in this lease to
<br /> � the contrary notwithstanding.
<br /> �' il. Lessor hereby warrants and agrees to defend the title to said land and agrees that lessee, at lessee's option (but without anq duty to do so), may pay and discharge 1
<br /> ariy taxes, mortgages or other liens upon said land, and in that event lessee shall be subrogated to such lien, with full right to enfoTCe the same, and in addition thereto may j
<br /> retain for the satisfaction of such lien and intereat ail royalties or rentats accruing hereunder. If lessor owns an interest in said land less than the entire fee aimple eatate,
<br /> , � I then the royalties and rentals to be paid lessor ahall be reduced proportionately. Should the right or interest of lessee hereunder be disputed by lessor, or any other person, �
<br /> � the time covered by the pendency of such dispute shall not be counted against lessee either as af4ecting the term of the lease or the time for payment oi rentals or �
<br /> 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 /> i� ITNE WHEREOF this instrument is executed on the date first above written. �
<br /> �' Pos�e� on �a.p APPROVED AS T0. �Pilliam L.Yates � '
<br /> t`' 3-12 1930 by I.E.L. DESC�IPT�ON & DATA� � � ���'`�'� � '
<br /> � , Elizabet�i Pearl Yates � �sE�,,�� ; I
<br /> ���, 3�,�����eman . � z�ssox. � ���
<br /> Attest: ' �('',�� TEXAS PRODUCTION COMPANY, �
<br /> �' J.C. Hudna.11 (S�l1�, By A.R.Wilson
<br /> �� ssis nt Secretary. Vice President �
<br />� !� � � LESSEE � � ��
<br />� i� STATE OF NEBRASKA, ) - i �
<br /> j; County of H�,1�. � ss.
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<br /> li On this da of Mar ch 19 � before me, a Nota Public, in and for said Count
<br /> 5 Y � 3 � rY y, personally came the above named �
<br /> i VPilliam L.Yates ana Elizabeth Pearl Yates
<br /> , his wife, who are personally known to me to be the identical � ,
<br /> !i persons whose names are affixed to the above instrument as lessors, and they each acknowledged said instrument to be their voluntary act and deed. '
<br /> '; Witneas my hand and Notarial Seal the date last aforesaid. (gEAL) , Hesse L.(ra�C�@OTl
<br /> �� ��``ti,� Notary Public. �
<br /> � My commission expirea on the 7j day of Dee. , 19 3� , ; '
<br /> I' STATE OF COLORADO, i
<br /> �! � ss.
<br /> ; City and County of Denver, �
<br /> i� On this 2$° day of Bdarch , 19 3� , before me, a Notary Pubiic, in and for said County, pereonally caxne the above na,med I
<br /> �� A.�.�l�.SOIl > Vice President and �J�(i.Ht2d.T18,],], Assistant Secretary of said Texas Productfon 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 AssistRUt Secretary 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. �i
<br /> � (SEAL) John ���r��� ,
<br /> My commisaion expires on the �j� day of �C�ObBT 18 �
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