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<br /> -SIAIE�LQIIHHA.1.�L�1V4..'LINCDLN.'NE6 .___� ._-._ .�_...._.__ _'.. .� .___
<br /> I From STATE OF NEBRASKA, $�
<br /> ; ' Habl Cou7zt�, � i
<br /> � I hereby cer•tify that this instrumer��t was filed for record in my office I
<br />' a b�auriee H.'Neaver and W1fE - at 9 n�c�ocic A.�t., Oetober 1� 1930 , and is j
<br /> �` du1,� r•eco�•ded in book Q page 86 .
<br /> ?' - /
<br />, }; `�l� Register of Deeds
<br /> '' To B?/
<br /> i Texas Production Company Deputy.
<br /> 'ji - I'ees,� 2.80
<br /> �'+ I
<br /> `�� Lease �No.r�-57� ND C�AS MINING LEASE Renta�. Book Ii
<br /> _ ��' .E piration Hook �
<br /> '� �j�20 1�'QgrUeeyme�it;e�itieurect into txiis lBt �ay og �areh - - �3�9 3q193o eB eeII•) •N•
<br /> - �
<br /> ��'�I��,urice H.Weaver and Anna L.'�eaver, hi s wif e
<br /> ��, lessor (whether one or more), �nd TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> . � 1. Lessor, in consideration of the sum of Twenty Dollars (�y ��•QQ ), in hand paid, of the royalties herein provided �
<br /> �� and the agreements of lessee herein contained, hereby granfs, leases and lets exclusively unto lessee, for the purpose of testing by any method for formations i
<br /> ;;� and prospecting and drilling for and producing oil and gas, laying pipe linea, building tanks, storing oil and building powers, stations, 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 Ha1 i County, State of Nebraska, to-wit: j
<br /> ! 2'ne Northeast quarter of Section Foux, Township Nine, North, Range Twelve,West; Southwest
<br /> i quarter of the Southeast quarter of Section Thirty one, Tov�nsi�ip Ten,North,Range Twelve,W�st
<br /> � and containing Two hundred acres more or less (except Union P€.cific Ra.ilroad Right of '�ap)
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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 />, ' term") and as long thereafter as either oil or gae ie 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-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 leasee, 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 priee at the welt 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 givett 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 /> li offered for sale or transfer by lessor. �
<br /> �: 4. If drilling operations are not commenced on said land on o 1�efore on e r from this date, this lease shall then terminate as to both partiea, unless �
<br /> ; lessee sha,ll pay or tender to leseor or to the credit of lessor in �1 T S t �tYa�e Bank at Sh el t on,Neb (which bank is
<br /> lessor's agent) the sum of '].'@n — — — — — — — — — — — — — — — — — — — — — — — — Dollass ($ �Q.��
<br /> � (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, semi-annually, in i
<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 /> j' prima;ry term. The payments or tenders of rental may be made by the check or draft of lessee mailed ur delivered to said bank on or before such date
<br /> J; of payment. Drilling operations hereunder sha11 be deemed to be commenced when the first material is placed on the ground. Notwithstanding any devolu- �
<br /> i� tion, change or division in ths ownership of said land, the payments or tenders of rental in the manner herein provided shall be binding on the successors,
<br /> I' assigns or legal representatives of lessor. If such bank (or a.ny succeasor bank) should fail, liquidate or be succeeded by another bank, lessee aha11 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 ba,nk as agent to receive auch payments or tenders. The down cash payment is eonsideration for this lease
<br /> � according to its terms and shall not be alocated as mere rental for a period.
<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 shall not be terminated thereby if lessee, i
<br /> � , before the next ensuing rental paying date, commences further drilling operations or commences or resumes the payment or tender of rentals. T# after the �
<br /> � ii discovery of oil or gas the production thereof should cease from any eause, this lease shall not be terminated thereby if lessee commences additional driliing
<br />/ j; operationa within sixty days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentals bePore 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 shaIl remain in force so long as drilling operations are prosecuted, and, iP they result in the production of oiI or gas, so long'
<br /> �I thereafter as oil or gas is or can be produced from any well on said land. �
<br /> i 6. Lessee ahall have the free use of oil, gas,-a�eod-eea� and water irom said land, except water from lessor's wells, for all operations hereunder, and the royalty on oii '
<br /> and gas shall be in the net quantity after deducting any so used �or operations. Lessee ahall have the right at any time during or after the expiration of this lease to remove
<br /> � � all property and fixtures placed by lesaee on said land, including the right to draw and remove all casing. When required by leasor, leasee will bury all pipe lines below
<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 consent. Lesaor sha.11 have the privile e,
<br /> at the risk and expense of leasor, of making connection and using gas from any gas weli on said Iand for atoves and instde lights in the principal dwelling on safd land out j
<br /> I; of any surplus gas not needed for operations hereunder. i
<br /> � 7. The rights oP either party under thia lease may be assigned in whole or in part and the provieions hereof ahali extend to the heira, peraonal representatives, succesgora
<br /> ,� ; and assigns, but no sale or assignment by leasor shall operate to enlarge the obligationg or diminish the rights and privileges of lessee. Should lessee assign this lea�e in
<br /> ; whole or in part leasor shall look aolely to the asaignee for performance of its terms as to the parts ao assigned. No asle or assignment by lesaor shall be binding on leasee
<br /> ; for any purpose until lessee shall be furni�hed with an instrument fn writing evfdencing auch sale or assignment. If iessee asgigns thia lease in part, the obligatlon (if any
<br /> exiats) 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 /> I' shall not affect the valldity of the lease on the portion of land upon which pro rata rentals are paid or tendeTed.
<br /> ' 8. This lease shall never be forfeited, cancelled, or terminated for faflure by lessee to perform in whole or in part any of its implied obligations, nor while oil or gas is i
<br /> bein� produced in paying quantities for any cause whatsoever, unlese there ahall first be a final judicial ascertainment'that auch obligafion or cause exiata and that leasee
<br /> � is in default. Upon such final determ9nation, lessee is hereby given a reasonable time thereafter to comply with such obligation, or, at lesaee's electfom, to surrender the i
<br /> � lease, with the option of reserving, under the terms of this lease, each producing well and ten acres aurrounding it to be aelected by lessee. Lessee ahall not be liable in I
<br /> � i damages for breach of any implied obligation.
<br /> � , 9. If aix or more persona be or become entitlefl to royalties hereunder, they sBall by sufficient wrftten instrument desfgnate aome agent to receive paymettt for alt, I
<br /> ! 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 oP water, labor or material, or by fire, storm, flood, war, rebeliion, insurrection, riot, stTike, !
<br /> � di£ferences with workmen, or failure of carriera to transport or furnish facilities for transportation or as a reault of some order, requiaition or necessity of the government,
<br /> � or as the result of any cause whatsoever beyond the control of the lessee the time of u dglay or interruption aha11 not be counted againat lessee, anything in thia lease to �
<br /> I the contrary notwithstanding, post�c� �� db�.� �120 �.��0 by 1�.�. L. �
<br /> J� il. Leasor hereby warrants and agree o e en tit to said an and a rees that lessee, at lessee's option (but without anq duty to do so), may pay and discharge (
<br /> ; axiy taxea, mortgages or other liens upon said land, and in that event lessee shall be aubrogated to auch lien, with full right Lo enfoTCe the same, and in addition th�reto may
<br /> retain for the satisfaction of auch lien and intereat all royaltiea or rentals accruing hereunder. If lessor owns an interest in said land leas than the entire fee simpie eataEe,
<br /> � + then the royalties and rentals to be paid leasor shall be reduced proportionately. 3hould the right or interest of lessee hereunder be diaputed by lesaor, '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 tor paymeht of rentals or i
<br /> ; 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; IN WITNESS WHEREOF this instrument is executed on the date first above written. •
<br /> i; APPROVED AS 'SO ES r;IPTION, & DATA Ma.urice H.�Veaver �
<br /> T.F.Freeman 4�22�30 csEa��
<br /> i� �. Anna L.Y�eaver . �sE�L� '
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<br /> � CORP L�SSOR ;
<br /> i Attest: �SEAL 3 TEXAS PRODUCTION COMPANY,
<br /> i J.C.Hudnall By A.R.Wilson �
<br /> Assistant Secretary. � Vice President
<br /> I LESSEE �
<br /> �� STATE OF NEBRASKA, ) I
<br /> � County of Bllf f a,10 } ss. � ��"� �
<br /> �i On this �.I.tYl day of �Mareh , 18 3� , before me, a Notary Public, in and for sa,id County, personally came the above named ?
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<br /> !; Mauriee H.Weaver and Anna L.W@a,PeT , hia 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 instxument to be their voluntary act and deed. I '
<br /> ! Witness my hand and Notarial Seal the date last aforesaid. �
<br /> li (s�iAL) C.J.Ho���b�ubi��. '
<br /> �� My commission expires on the ],$� day of �8.3T , is 35 . �
<br /> � STATE OF COLORADO, j
<br /> j City and County of Denver, �' ss. i
<br /> ' On this 25 day of Ap r i l , 19�j� , before me, a Notary Public, in and for said County, personally came the above named j
<br />' !� �l.R.Wi.lson , Vice President and J. C.HU.�18�.�. . . Assistant Secretary of said Texas Production Company, ,who i
<br /> � are personally known to me to be the identical persons whose names are affixed to the above instrument as Vice President and Assistant SeCretary of said I
<br /> corporation, and they acknowledged the instrument to be their voluntary act and deed and the voluntary act and deed of said corporation. �
<br /> � Witness my hand and Notarial Seal the date last aforesaid. (SEAL) John 'r.�y$trOm �
<br />�I � � I7dta,ry Public. �
<br /> M commission ex ires on the � da of 0 e t ob e r 18 �
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