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<br /> _�Ig'f�..i.�IIA�.CONIPANY.tiN¢OtN.Nk"A �.... __ -- - . �� �----
<br /> STATE OF NEBRASSA,�
<br /> From Hall Count f, ss.
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<br /> � LOUi S My eT B �:t aS 8 X hereb� cer�ti�f y that this instrumey��t uecs f iled f or record dn mJ o f f ice
<br /> �i _ at <j o'cl�cic A.M., OCtOber I�j� 19 30 , and is �
<br /> i� duly recorded in book ly�1 page 84 . I
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<br /> ��� �����,�t� Register of Deeds �
<br /> �' To B✓ ;,
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<br /> �I Texas Production Company Deput�, '�
<br /> j I'ees,�2.SO : �i ,.
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<br /> �� ea e .L — � � g 576
<br /> �, � r Q n B � OIL ANI� GAS MINING LEASE � B g
<br /> r� � 3�q�0 �9 3� B y? J.T.N
<br /> 3��� �_ 3g �I
<br /> •��� An Agreement, entered into this 20 day og -FEb. ' , i9 3p , between �
<br /> N�� Louis Myers and Lena Myers his �vife and Mary A.�yers, a widow
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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 /> I 1. Lessor, in consideration of the sum of Dollars ($ in ha,nd aid of �he ro alties herein r i �
<br /> �i f t Tw0 �j2.00 ), p , y p ov dea
<br /> ,, and the agreements of lessee herein contained, hereby g�ants, leases and lets exclueively unto'leasee, for the purpose of testfng by any method for formations �!
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<br /> �'� and prospecting and drilling for and producing oil and gas, laying pipe lines, buiiding tanks, storing oil and building powers, stations, telephone lines �
<br /> + and other atructures (including houses for employees) thereon, to produce, save, take care of, treat and transport said products, the following deacribed I
<br /> { land in Hall County, State of Nebraska, to-wit:
<br />',� � �'� �outh H�,lf Section Nine To�rnship Twelve North Range Eleven �fest ; North Half South l�est
<br /> � Quarter; South Half North East c�uar�er and North Ea,st Quarter North �ast Quarter Section �
<br /> � ;; Section Thirty one Township T�aelve North Range Eleven West containing 520 acres more or less.�+
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<br /> I 2. Subject to the otY�er 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 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 lease I
<br /> I in whole or in part.
<br /> I � � 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 /> i; to be delivered at the vvells or to the credit of lessor in the pipe line to which tfle wells ma,y 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 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 auch sales. Lessee is hereby given the i
<br /> . ioption of purchasing all or any part of said royalty rights from the lessor at the best bona fide price offered by reaponsible third parties when and if �
<br /> offered for sale or transfer by lessor.
<br /> 4. If driIIing operations are not commenced on said land on or before one year from this date, this lease sha 1 t en terp��ate as to both parties, unless
<br /> lessee shall pay or tender to lessor or to the credit of lessor in st�,te Bank of Cairo Bank at �c"�.�rq�IYG'tJT. (which bank. is
<br /> lessor's a ent) the sum of Twent �. — — — — — — — — — — — — — — — — — — — —
<br /> g � x Doll
<br /> ars
<br /> c 26
<br /> Y $ .00 �
<br /> 'i (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 six months during the
<br /> primary term. The payments or tenders of rental may be made by the check or draft of lessee m�iled 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-
<br /> Ii tion, change or division in the ownership of said 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 succeeded b another bank lessee shali not
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<br /> be held in default for failure to make such a ments or tender until t 'r
<br /> i executed a.nd acknowled ed, namin another bank as a ent to receive such ay days after lessor shall deliver to lessee an instrument in writing duly
<br /> g g g p yments or tender�. 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 /> i5. If prior to the discovery of oil or gas on said land lessee should drill a dry hole or holes thereon, thie lease shall not be terminated thereby if lesaee,
<br /> before the next ensuing rental paying date, commencea further drilling operations or commences or resumes the payment or tettder of rentals. If after the
<br /> �� discovery of oil or gas the production thereof shouid 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) commences or resumes the payment or tender of rentals before the next �
<br /> il ensuing renta,l paying date. If at the expiration of the primaxy term oil or gas is not being produced on said land but lessee is then engaged in drilling
<br /> opesations thereon, the lease shall remain in force so long as drilling operations are prosecuted, and, if they result in the production oY oil or gas, so long •
<br /> �; thereafter as oil or gas is or can be produced from any well on said land.
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<br /> 6. Lessee shall have the free use of oil, gas, wood, coal and water Irom said land, except water Prom lessor's weils, for aii operations hereunder; and the royalty on oil
<br /> � + and gas ahall 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 to remove j
<br /> � all property und fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by Yessor, lessee will bury ali pipe 11nes 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'a consenY'. Leasor shall have the prlvilege,
<br /> � at the riak and expense of lesaor, of making connection and using gas from any gas well on said land for stoves and inside lights in the principai dwelling on said land out
<br /> of any surplus gas not needed for operations hereunder.
<br /> 7. The rfghts of either party under this lease may be assigned fn whole or in a r �
<br /> rt and the ovisions hereof ah 11 x nd h
<br /> P P a e te to t e heirs, personal repreaentatives, successors
<br /> and assigns, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the rights and privileges of leasee. Shouifl lessee assign thia lease in
<br /> � whole or fn part lessor shall look aolely to the aseignee for performance of its terms as to the parts so assigned. No sale or assignment by leasor ahali be binding on lesaee I
<br /> O � for any purpose until lessee shall be furnished with an instruxnent in writing evidencing such sale or assignment. If lesaee assigns this lease in part, the obiigation (ii 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 of them in the payment of rentals
<br /> I ahali not affect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered. i
<br /> ! 8. This lease ahall never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its implied obligations, nor while ofl or gas is i
<br /> � II being produced in paying quantities for any cause whatsoever, unless there sha21 ftrst be a final judicial ascertainrrcent that such obligstfon or cauae:exietg and that leasee �
<br /> ry I; is in default. Upon auch Yinal determination, lessee is hereby given a reasonable time thereafter to comply with auch obligation, or, at leesee's election, to aurrender the
<br /> � lease, with the option oP reserving, under the terms of this lease, each producing well and ten acres aurrounding it to be selected by lessee. Lessee shall not ba lfable in I
<br /> damages for breach of any implied obligation.
<br /> � 9. If aix or more ersons be or become entitled to ro alties hereunder, the shall b sufficient written instrument deai i
<br /> i p Y Y Y gnate aome agent to receive payment Yor a11,
<br /> � and leasee shall not be required to make payment until such instrument is furnished. �
<br /> i 10. When drilling or other operafions are delayed or interrupted by lack of water, labor or material, or by fire, atorm, flood, war, rebellion, insurrection, rIot, atrike, �
<br /> I, (� � differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a result of some order, requis4tion or neceseity of the government,
<br /> or as the result of any cause whatsoever beyond the controi of he lessee, the time of such delay or interruption sha11 not be counted againat leasee, anything in thia lease to a
<br /> � the contrar notwithstandin
<br /> �i y g. Poste�d o� � ��20 �.�d3-0 b� I.T. L. !
<br /> � � 11. Lessor hereb warrants and a r es to efen e tit to said and a rees that lessee, at lessee's o tion (but without an dut to do ao), ma !
<br /> 'I ariy ta�es, mortgages or other liens upon said land, and in that event lessee shall be subrogated to auch lien, with fuli right to enforee the same, and in addition hereto may !
<br /> �', retain for the satiafaction of such lien and interest all royalties or rentals accruing hereunder. If lessor owns an interest in said land less than the entire Fee simgle eatate,
<br /> � then the royalties and rentals to be paid lessor shall 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 auch dispute ahall not be counted against lessee either as affecting the term of the lease or the time for payment of rentals or
<br /> I� royalties or for anq other purpose, and lessee may suspend all payments until there is a final adjudication or other determination of euch di�nute. �
<br /> !E IN WITNESS WHEREOF this instrument is executed on the date first above written. �+QUi� ����$' .- sEA )
<br /> �; Attest: J. C.Hud�all APPR�V�� �S 0-•ma�CRIPTInN & DATA �A���a"��y �sr� ; ��Q �
<br /> (� i � Asszstant Secretary p�����3� CORFS TEXAg PRODU . ���� !
<br /> V ' STATE OF NEBRASK.�)s � � " �BEAL� By A.R.���son,'Pic„� � den� 1,
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<br />, ' ,Co,unty of I3a11 ) s' On this 20 day of Feby.•1�30, before me, a Notary Public, in and. for sa d
<br /> ��County, personally came the above named LouiB �iyers �,nd Lena Myers his w�.fe, who are personally�
<br /> �known to me to be the identical p�r�t�ns whose names are affixed to the above instru�ment as les�iors
<br /> �ana the,y �ach acknovs�led.ged said instrument to be their voluntary act and dsed. I
<br /> Witness my hand and Nota.rial Seal the date last aforesaid. (�EAL) �•a•�ven,lQotary Public i '
<br /> , `I'STATE OF$NEBRASKAiresC?n�this 11 day of J�19 4:� , �b.ef�re,;m�, ,,a No��ry-�a.blic,� in and.�far �a.i ! �
<br />, l�County of Hall �°s'County, -pereonally eame the above n�med :Mary..-A.��ers, �, wi.dow., ;who a�e�pe�- '
<br /> sqnaZ�3y*: kno� to� m.e•,ts� be th� :iden�3:G�� ;p�r�on�: ��o��, na.mes ar�, �afffx�ct to ,the ;a'b.ove , fnst_r�zmen
<br /> j�aa lessors-, and �hey �eacn acknov�ledged.•.said instrument �o be their voluntary act a,nd deed. �
<br /> ;�i�n�ss �iy h&nd. and` Notarial S�a� -the date las� '-aforesaid. e�,SEAL �`.�.8ore�n en,No�a� P}�.�17�cy ��,J
<br /> c isslon e �,. s on a
<br /> IiSTATE �OF COLO�ADa. --, - )B�� On� �his 25 day of Apri1, 19�1�), �e ore me, a l�o�ary Pu��ic, in �, �. �� ,
<br />�'� �+i�y�n���un� �' of D ,nv r fo� s��,�'� , u ��rsonally .c e�he abov���d R �ti son,Vic !
<br /> ;;�P esident and J.G. u na�`�s'�s an�`�`ecr`"�y��o�' s�.ic'�`c`or ra �i`on� an t ey ae�`no��e�the i.
<br />'I �str�ment' to be their voluntary a�t and deed 'a�� -the volum��,xy a��t and:d��d<r��f s��d �oa.�po�a���io�.' ,
<br /> '�itness my. hand and Notari��1 Se�ai�: t�he date la,st,�-a,-�oresaid. -. . (SEAL} :John..��.��C$t.�flz�,�at�,r�,:Publ,ic f�` • I
<br /> o�. Oc�ober,.T. , . ; t.. , . ..:.; ,,,r �r� :.. _, `,
<br /> ; �dy. comznissian.�exp��'�s on; the 30 c�aY 9��. ,: : ;
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