|
— - � - - �o� 9�9� ��
<br /> __-
<br /> ��������������� ������� �
<br /> _ � _ _____ _____ ___ _______ ___ ___ ____--___-
<br /> ____._ ___ .______________
<br /> _ _______ ___________
<br /> Froan � ST�1TE OF NEBR�SIZA, �s �'
<br /> Hall Count�, �
<br /> George Myers et als
<br /> I hereb� certify tTiat tliis instr2cmer�t uas filed for reco�•d i?i mf offiee �,
<br /> . at � dc7,oc7c A, Dl., October 15 19 30 , and is �
<br /> dul� a�eeorded i7a book Q page S`3 ��i��� � �
<br /> Registe�• of Dee� �
<br /> �'o B?/ �9
<br /> Texa� I�roduction Company Deputy.
<br /> �'ees,�2.65 `�
<br /> — E �
<br /> � � RASKA ea e N .Id-
<br /> �. . 5 5
<br /> 7
<br /> Lease No. - 7 I�, �.�� �.,�� 1VV�I1�I�eT� LEA�� ����a}9�8°gy J.T.N
<br /> E iraqtion o�o�k�+ N
<br /> ���� �x���reBmenE; ex2t�x'2d into this l�, day of ji'�tj� , is 30 , between
<br /> George Myers and Minnie Adyexs, Zs wife and MaryA•Myez°s,�, �vidow
<br /> lessor (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 of �1�",Yl't Dollars (� �.�0 ), in hand paid, of the royalties herein proyided
<br /> and the agreements of lessee herein contained, hereby grants, leases ancl 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, Ntoring oil and building power�, stations, telephone lines
<br /> and other structures (including houses for employees) thereon, to produce, save, take care of, treat and tranaport said products, the following described
<br /> land in Ha.l�. County, State of Nebr�,slta, to-�vit:
<br /> 9outh Half of North East Quarter Section Twenty Township Eleven North Ra.nge Eleven West
<br /> and containing �0 acres more or less.
<br /> 2. Subject to the other provisions herein contained, thia lease shall remain in force for a term of ten years from this date (hereinafter called "primary
<br /> term") and as long thereafter as either oil or gas is or can be produced from any weil 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, anai which shall be paid by leasee, are (a) on oil, one-eighth of that produced and saved from said land, the same
<br /> to Ue delivered at the cvells or to the credit of leseor 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 ta,nks, lessor's interest in either case to bear its
<br /> proportion of any e�:pense 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 a� 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 driliing operations are not commenced on said land on or before one year from thi�s date, this leas2 sha]� t�en ter�pi�}ate as to both parties, unless
<br /> lesaee shall pay or tender_to essor or to the credit of lessar in S't&'t @ Bank O f Ca.l TO _Bank at_�a r o,i�e q . (which bank is
<br /> lessor's agent) the sum of �Ol1T -� - -� -� - '- - '- - - " - - '" - - - - '" " - Dollars � �'•�� } `�
<br /> (hereinafter called "rental"), which shall extend for si�x 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 operaicions may be further deferred for periods of six months during the
<br /> primary term. The payments or tenders of rental xnay be made by the check or draft of lessee mailed 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 piaced 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 sha11 be binding on the successora, �
<br /> assigns or legal representatives of lessor. If such bank (or any auccessor bank) should fail, 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 a,fter lessor shail 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 d'ascovery 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 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 profluction thereof should cease from any cause, this lease sha14 not be terminated thereby if lessee commences additional drilling
<br /> operations within sixty days thereafter or (if it be within the primary zerm) coxnmences or resumes the payment or tender of rentals before the next I
<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, so long
<br /> therea,�ter as oii or gas is or can be produced from any well on said land. �
<br /> 6. Lessee shall have tho free use of oii, gas, woocl, coal and water from said land, except water from lessor's wells, for all operations hereunder, and the royalty on oil �
<br /> and gas shall be in the net quantity after deducting any so used for operatione. Lessee shall have the right at any time during or after the expiration of this lease to Pemove
<br /> all property and fixtures placed by lessee on said land, including the sight to draw and remove all casing. When required by lessor, lessee will bury all pipe lines below
<br /> ordinary plow depth, and no well shall be drilled within two hundred feet of any residence or barn now on said land without lessor's consent. Lessor shall have the privilege,
<br /> at the risk and expense of lessor, of ma,king 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 aurplus gas not needed for operations hereunder.
<br /> 7. The rights of either party under this lease may be aesigned in whole or in part and the provisions hereof ahall ehtend to the heirs, personal representatives, successors
<br /> and asaigne, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the ri�hts and privileges of lessee. Should leasee assign this lease in
<br /> whole or in part lessor ahall look solely to the assignee for performance of its terms as to the parts so assigned. No sale or assigninent by lessor shall be binding on leasee
<br /> for any purpose until lessee shall be furni�hed with an instrument in writing evidencing such sale or assignment. If lessee assigns thi3 lease in part> the obligation (if any �1
<br /> exists) to pay rentale is apportioned as between the several owners ratably according to the aurface area of each, and default by one of them in the payment oE rentals �
<br /> shall not a2fect the validity of the lease on the portion of land upon which pro x�ata rentals are paid or tendered.
<br /> 8. This lease shall never be Porfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of fts implied obtigations, nor while oil or gas ia �
<br /> being produced fn paying quantities for any cause whatsoever, uniess there ahall first be a final judicial ascertainment that auch obligation or cause exists and that leasee
<br /> is fn default. Upon auch linal determination, lessee is hereby given a reasonable time thereafter to comply with such obligation, or, at lessee's election, to surrender the
<br /> lease, with the option of reserving, under the terme oY this leaee, each producing well and ten acres surrounding it to be selected by leesee. Lessee shali not be liable in
<br /> damagea for breach of any implied obligation.
<br /> 9. If six or more persons be or become entitled to soyalties hereunder, they shall by sufficient written instrument designate some agent to receive payment Eor a11,
<br /> and lessee shatl 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 fise, storm, flood, war, rebelifon, insurrection, riot, strike, �
<br /> differencea with workmen, or failure of carriers to transport or Purnish facilities for transportation or a� a result of some order, requisition or necessity of the government,
<br /> or ae the result of any cause whatsoever be ond the cont�rg1 oY t e> t� e f su d y r interruption shall not be counted against lessee, anything in this lease to �
<br /> the contrary notwithstanding. POB�eC� OA Mc`a,� �j��� �7�� �y �•�• �+•
<br /> 11. Leasor hereUy warrants and agrees to defend the tit e to said land and agrees that Iessee, at lessee'N option (but without any duty to do so), may pay and digchasge �
<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 enPorce 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 simple estate,
<br /> then the royalties and rentals to be paid lessar sl�all be reduced proportionately. Should the right or interest of les�ee hereunder be disputed by lessor, or any other peraon,
<br /> the time covered by the pendency of 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 purpose, and lessee may suspend all ptzyments until there is a final adjudication or other deterxnination of such dispute. �
<br /> IN WITNESS WE3EREOF this instrument is executed on the d �' bove written. lnn�� � Cr8 8
<br /> or rs SEA
<br /> APPROvED AS ��5� � �I1' ION � DATA k ers �L S��
<br /> T.F.Freeman° ��f22/�0 CORP TE%AS P�='0DUCTIO �MP
<br /> Attest: J.C.i�udnall . . � �
<br /> Assistant Secretary (B�AL� BY A.R.Y�ilson,Vi ce �resident,LE SEE
<br /> 5'�ATE OF I�EBRASKA s� �n this 19 day of Feb. 1930, be�ore me,a Notary Public,in��.and for sa d
<br /> COUNTY OF HALL � County, personally came the above named George Mey�rs and Minnie �iey rs
<br /> '� his wife, v�ho are personally kno�an �A rne to .be the identica.l person� �hose names �,r� affig�d t
<br /> the above instrument as lessors, and they each acknowledged said instrument to be their volunt ry
<br /> �; ac� a,nd deed. � �
<br />, : '�itnes� my hand and Notaria,l Seal the date �ast aforesaid. (SEAL} '�.�.Sorensen,Notary Public
<br /> . f Jul 1 1.
<br /> �dy comm�ssion expires on the 20 day o Y� g3 Notar Public, in and for�
<br /> �a,rch 1
<br /> 0 befo�e me, a y
<br />' �� $TATE OF NEHRASKA On �his llth day of , 93 � �
<br /> COUNTY-'0�' HALL �$�' sa�.�d County, personally cam� �he a�ove named �ary A.Mycra A �idow,v�ho a e
<br /> � ers�nall known to rae to be the ident.ical persons whose na.mes are affixed to the above instru�ient
<br /> P 3�
<br /> +� as lessors , and they e�.ch acknowled�;ed said instrument to be their voluntary act and deed.
<br /> ' �Pitness m� hancl and IQotaria],���e�al the date last aforesai�l. (SEAL) �P.�.Sorensen,Notary Public
<br /> . �Iy commissian expires on the� 2t9: d�.y of July 1931. �
<br /> sTATE Og COI,ORADO ss On this 25 �ay of April 1.930, before me, a Notary Public in an I
<br /> ;, for said Co,untp, personal3.y came the above na,i�ed A.R.1Milson,Vic �
<br /> ; Citq �nd County of Denver 3 - o an who are �rson:.,
<br /> I; . , said Texa� PLL oduct�on C mp Y, P �,
<br /> ecretar of �
<br /> - udnall Assistant S y ;�
<br /> Preside�t_ and J.C�H
<br /> ally known to me to be the id.entical .p�rso�s whose names are .affi.xed to the above instx.u�ent a,;
<br /> �` Vice President and Assistant Secretary of said corporation, and they acknowledgeck the instrume t
<br /> �o be their voluntary act and deed and the voluntary act and deed of said cor�o��nt o , t
<br /> I
<br />�' �itne�s--_m� hand and Notarial 5��,1. the date last af;ores�.id.
<br /> y�comml`ssion expires'��-o�-n��e 30� day o c o er, 33��
<br />
|