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- � � �� ���� ��
<br /> �������� ������� ������� �
<br /> STATE OF NEBRASIfA,�
<br /> From Ha,ll CountJ, ss.
<br /> �a.Ur1Ce H.�Peaver Et a,18 I Iierevy certif� tlzat this instrumer��t uas filed for record i.n m� office ,
<br /> , at 9 o'c�oc�� A.�1., October 15, 193p , and is
<br /> duly recorded in book (1� page $7��� �^�
<br /> Register of Deeds
<br /> To B�
<br /> �exas Production Company Deputy.
<br /> ` I+�ees,� 2.6 5
<br /> Lease No.N-�57
<br /> Lease No.N�79 AND GP�S 11/IINII�TG LEAS
<br /> E piration ook �'f��a}q3g°�y .T.N.
<br /> � j1j
<br /> 3 2� 19��gB�Tmen�,entered into this lg�, day of Mareh ; 19 3� , between
<br /> a
<br /> Maurice H.V�eaver �,nd Anna L.Weaver,his wife, Leland D.'Neaver, a single ma.n
<br /> lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colora,do, lessee.
<br /> 1. Lessor, in consideration of the sum of Ei;ht Dollars (� g`.�� ), in hand paid, of Lhe royaities 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 atructures (including houses for employees) thereon, to produce, save, take care of, LreaL and transport said products, the following described
<br /> land in H�1.�. County, State of Nebraska, to-wit:
<br /> East Half iVorthwest Quarter 3ectian Four,Township Nine, North, Range T�relve,West and contain-
<br /> ing �0 acres more or less.
<br /> 2. Subject to the other provisions herein contained, this lease sha]1 remain in force for a term of ten years from this date (hereina.fter 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 royaities 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 wells or to the credit of lessor in the pipe lin2 to which th2 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 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 aold 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
<br /> option of purchasing all or any part of sa.id royalty rights from the lessor at the l�est bona fide price offered by responsible third parties when and if
<br /> offered for sale or transfer by lessor. �
<br /> 4. If drilling operations are not commenced on said land on or b$�ore one ear from this date, this lease shail then terminate as to both parties, unless �
<br /> lesaee shall pay or tender to les�Q r or to the credit of lessor in P"iTS't �'ta.t8 Bank at Shelton,Ne r (which bank fs
<br /> lessor's agent) the sum of l�'OLiT — — — — — — — — — — — — " — — — — — " ' "' — Dollars ($�.�� )
<br /> (hereinafter called "rental"), which shall extend for six months the time within which driiling operations may be commenced. Thereafter, semi-annually, in
<br /> like manner, and upon like payments or tenders, the commencement of drilling operafcions 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 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 payments or tenders of rental in the manner herein provided shali be binding on the auccessors,
<br /> assigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lessee shall not
<br /> be held in defauit 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 auch payments or tenders. The down cash payment is consideration for this lease G
<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 saicj land lessee should drill a d�'y hole ar holes thereon, this lease sBall 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 production thereof shouid cease from any cause, this lease shall not be tern�inated thereby if lessee commences additional drilling
<br /> operations within sixty days thereafter or (if it be within the primary term) comxnences 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
<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 /> thereafter as oil or gas is or can be produced from any well on said land. �l
<br /> 6. Lessee shall have the free use of oil, gas, �3,�e�1_and water from said land, except water from lessor's well�, for all operations hereunder, and the Toyalty on oil
<br /> and gas 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 remove
<br /> all property and fixtures placed by lessee on said land, inciuding the right to draw and remove all casing. When Yequired by lessor, leasee will bury all pipe lines below
<br /> ordinary plow depth, and no well sha11 be drilled within two hundred feet of any residence or barn now on said land without lessor's consent. Lessor shall have the prlvilege,
<br /> at the riek and expense of lessor, oi making connection and using gas Yrom 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 rights of either party under this lease may be assigned in whole or in part and the provisions hereof shall ektend to the heirs, personal representatives, auccessors �
<br /> and assigns, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the rights and privileges oP lessee. Should lesaee assign this leasa in ,
<br /> whole or in part lessor shall look solely to the assignee for performance of ite terms as to the parts so assigned. No sale or assigmnent by lessor shall be binding on lessea
<br /> for any purpoae until lessee shall be furnished with an instrument in writing evidencing such sale or assignment. If lessee assigns this lease in part, the obiigation (if any
<br /> exists) to pay rentals is apportioned a,s between the several owners ratably according to the surface area of each, and default by one of them in the payment oi 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 lea�e ahail never be forfeited, cancelled, or terminated for faihire by leasee to perform in whole or fn part any of its implied obligations, nor while oil or gas ia
<br /> being produced in paying quantities for any cause whatsoever, unless there shall firat be a final judicial ascertainnient that such obligation or cause exists and that lessee �
<br /> is in default. Upon such final deterxnination, lessee is hereby given a reasonable time thereafter to comply with such obligation, or, at lessee'a 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 lessee. Lessee shall not be liable in
<br /> daznages for breach of any impiied obligation.
<br /> 9. If six or more persons be or become entitled to royalties hereunder, they ahall by sufficient written instruxnent designate some agent to receive payment for a11, U
<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, atorm, flood, war, rebellion, insurrection, riot, strike,
<br /> differences with workmen, or failure of carriera to transport or furnish facilities for transportation or as a result of some order, requisition or necessity oE the govel'xtment, �
<br /> or as the result of any cause whatsoever beyond the control f the lessee, the time of c delay or interruption shall not be counted againat lessee, anything in this lease to
<br /> tlie contrary notwithstanding. PO���id �p ��p �.�20 �c3�Q }��r.gj..�.�. �
<br /> 11. Lessor hereby warrants an agrees o-de en �he i le to sz d nd an a rees that lessee, at lessee's option (but without any duty to do so), may pay and discharge
<br /> ariy.taxes, mortgages or other liena upon said land, and in that event lessee shall be subrogated to such lien, with 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 lesa 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 oT 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 affecting the term of the lease or the t�me Eor payment of rentals or �,
<br /> royalties or for any other purpose, and lessee may suspend all payments until there is a final adjudication or other determination oE such dispute. P,
<br /> IN WITNESS WHEREOF this instrument is executed on the date first above written. • �
<br /> APPROVED AS TO DESCRIPTI�N & DATA Ma,urice H.Weaver tsEaL� v
<br /> T.F.Freeman 1 / 0 Anna L.Weaver �SFAT,�
<br /> �� 7 3 Leland D.Weaver L
<br /> �ssoR
<br /> At
<br /> test: �C��� TEXAS PRODUCTION COMPANY,
<br /> 1� 1 an
<br /> � J.C.Hudnal�. ($��L) sy A.R. i s
<br /> Assistant Secretary. Vice President
<br /> LESSEE
<br /> STATE OF NEBRASKA, )
<br /> County of BUf f a.10 r s�'
<br /> �
<br /> On this 16 t day of Mar eh 1 �jQ t�efQ�e me a Notary PS iZc,�pi���+nd�f4rnsaid County, peraonally came the above named
<br /> Mauri ce H.�eaver a,21C� AnnaL.V�e�v�r an�d �E1&Mq. 11.�'e'aver,a„ �i�-�w�e, who are personally known to me to be the identical
<br /> persons who�,e names are affixed to the above instru�ent as lessors, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> Witness my hand and Notarial SeaT the date last aforewa�a. �SEAL) C J Hornsby
<br /> � � Notary Public.
<br /> My commission expires on the l.�u day of �c'�.y , 19 �j� .
<br /> STATE OF COLORADO,
<br /> � ss.
<br /> City and County of Denver,
<br /> On this �0 day of �.y , 1s 30 , before me, a Notary Public, in and for said County, personally came the above named
<br /> �j.R.Wj,lgOn , Vice President and J.t'i.xL1ClY18.�.1 Aasistant Secretary of said Texas Production Company, who
<br /> are personmlly known to me to be the identical persons whose names are affixed to the above instru�aent as Vice President and Asaistant Secretary of said
<br /> corporation, and they acknowiedged the instrument to be their voluntary act and deed and the voluntary act und deed of said corporation.
<br /> Witness my hand and Notarial Sea1 the date last aforesaid. �s�AL) John �.N.yetrom
<br /> NotaT�y Public.
<br /> My commission expires on the � day of 0 e t ob er , 19
<br />
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