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<br /> .—.... ---�IAI$.�.a?Q1�721YA1 CONIPAIVY�LTNCOLN�10EH_ .. . _ _.. . ,._"_ _...._ .__..._ �. ...,.'._''._— ___.
<br /> i
<br /> � STATE OF NEBRASgA,�
<br /> � Frotn Hall CountJ, s�.
<br /> �
<br /> Fred Loescher and �aife !
<br />, I hereb� certif� that this instrumer�t wt�s filed for record in m� office !
<br /> �; - at 9;00 o'ctncic A, dl., October 15 is 30 , and is
<br /> ;� duly recorded in boolc (�1 page 88` . ��
<br /> II �
<br />� �� � . Registe�• of Deeds �)
<br /> To B� ;I
<br /> �!
<br /> `'� Texas Production Company � � Depu€y. �
<br /> � 1
<br /> !; _ I{'ees��2.6 5 i,
<br /> �'
<br />, i� Lease No. AT-595 Lease No. N- 9 I
<br /> 55
<br /> �.
<br /> �� Expiration sook D GAS MINING LEASE Rental Book ��
<br /> �;�, '���9 l���g��rne`�t,T nt�tea �nto this 11 aay of Mareh 3/�9i9�j�30 B�td�e��•II
<br /> ��! Fred Loescher and Olg�, Loescher his wife "�
<br /> �; ;i
<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 Sixteen Dollars (� l��Q� ), in hand paid, of the royalties herein provided i
<br /> �i:'.vand the agreements of lessee herein contained, hereby grattts, 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, telephol�e lines
<br />� and other structures (including houses for employees) thereon, to produce, save, take care of, treat and transport said products, the following deacribed ,�
<br /> � ; land in Hall County, State of Nebraska, to-wit: '
<br /> ��±' North ,�est Quarter Section Twenty Ei�ht ToWnship Twelve North Range Nine West and containing ��
<br /> ,� 160 acres more or less. `i
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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 "prfmary �
<br />'� i 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 rele�.se this lease �
<br /> in whole or in part.
<br /> i 3. The royaities reserved by lessor, and which ahall be paid by lessee, are (a) on oil, one-eighth of that produced and sa.ved 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 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 tanks, lessor's interest in either case to bear ite
<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 I
<br /> i 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. Lesaee i� hereby given the
<br /> I j option of purchasing all or any part of said royalty rights from the lessor at the best bon� fide price offered by responsible third parties when and if
<br /> ,; offered for sale or transfer by lessor. j
<br /> I 4. If drilling operations are not commenced on said land on r before oney�ar f Qm this date this lease sh 11 then,,te�n i�ate �,s t�,bo th parties unleas
<br /> Iessee shall pay or tender to le�s pr or to the credit of lessor in l�ebraska N8.'�i �l � Bank at �Ta,21Q 1$lanQ�NBpT(which bank is j
<br /> lessor's agent) the sux� of L�'1��]t ---------------------------------------------- Dollars ($ � �Q ) I
<br /> (hereinafter cailed "rental"), whic shail extend for six months the time within which drilling operations may be commenced. Thereafter, semi-annualiy, 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 I
<br /> prima.ry term. The payments or tenders of rental may be made by the check or draft of lessee m�,iled or delivered to said bank on or before auch date ,
<br /> �; of payment. Drilling operations hereund�r sha11 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 shall be binding on the successora, i
<br /> �; assigns or legal representatives of lessor. If such bank (or any successor bank) shouId fail, liquidate or be succeeded by another bank, lessee ahall not
<br /> I• �
<br /> be held in default for failure to make such payments or tenders until tYurty days after lessor sha11 deliver to lessee an instrument in writin dul
<br /> � Y '
<br /> � executed and acknowledged, naming another bank as agent to receive such payments or tenders. The down cash payment is consideratian for this lease
<br /> according to its terms and shall not be alocated as mere rentalfor 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 shall not be terminated thereby if lessee, �
<br /> ii before the next ensuing rental paying date, commences further drilling operations or commences or resumes the payment or tender of rentals. If after the i
<br /> il �` discovery of oil or gas the production thereof should 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 /> ;; ensuing rental paying date. 7f 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 driliing 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. �
<br /> 6. Lessee shall have the free use of oil, gas, wood, coal and water from said land, except water from leasor's welia, for ail operations hereunder, and the royalty on oil
<br /> � ji and gas shall be in the net quantity after deducting any so used for operations. Lessee shall have the right at any time during ur after tha expiration of this lease to remove !
<br /> � all property and fixtures placed by lessee on said land, including the right to draw and remove a11 casing. When required by lessor, leasee Wiil 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 sha11 have the privilege, �
<br /> � `; at the risk and expense of lesaor, of making connection and using gas from any gas well on said land for stoves and inside lfghts in the principti,ll dwelling on said land out `
<br /> i� of any aurplus gas not needed Por operations hereunder. ;
<br /> 7. The righte of either party under this lease may be assigned in whole or in part and the pronisions hereof shall extend to the heirs, personal representativea, succes�ora !
<br /> and assigns, but no sale or assignment by lessor shall operate to enlarge the obligations or dfminish the rights and privileges of lessee. Should lessee assign this lease in
<br /> whole or in part lessor shail look solely to the assignee for performance of its terms as to the parts so asaigned. No sale or assigninent by lesaor ahall be binding on leasee �
<br /> � for any purpose until lessee shall be furniahed with an inetrument in writing evidencing such sale or assignment. If lessee asaigna thi� lease in part, the obligation (ii any I
<br /> � �, exists) to pay rentals is apportioned as between the several owners ratably according to the surface area of each, and defauit by one of them in the payment of rental8
<br /> shall 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 shall never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its implied obligations, nor while oil or gas is �
<br /> � � be3ng produced in paying quantities for any cause whatsoever, unless there shall first be a ffnal judicial ascertainment that such obligation or cause exists and that leaSee
<br /> is in default. Upon auch final determination, lessee is hereby given a reasonable tfine thereafter to comply with auch obligation, or, at lessee's election, to aurrender the i
<br />� 1V �; lease, with the option of reserving, under the terms oE this lease, each producing weil and ten acres surroundfng it to be aeleCted by lesaee. Lessee sha11 not be liable fn i
<br /> ;, damages for breach of any implied obligation.
<br />, � �! 9. If six or more persons be or become entitled to royalties hereunder, they shall by sufficient written instrument designate aome agent to receive payment for ali, �
<br /> and lessee ahall 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, rebeliion, insurrection, riot, atrike, �
<br /> � i! differencea with workmen, or failure of carriers to transport or furnish facilities for transportation or as a result of some order, requisition or necessity of the gpvernment,
<br /> or ae the result of any cause whatsoever beyond t�g_control f �} le3� }�e t,ime q�.su�r}� �lay or interruption shali not be counted againat lessee, anything in this lease to �
<br /> the contrary notwithatanding. PO s t e d �n lYlc�.� �.�G� l�'�V (�y. J�;..k!!..�• �
<br /> � ! 11. Leasor hereby warrants and agrees to defend he ti�e to aaid land and agrees that lessee, at lessee's option (but without any duty to do so), may pay and diacharge ;
<br /> I! axiy taxes, mortgages or other liens upon said land, and in that event lessee shall be subrogated to such lien, with full right to enforce the same, and in addikion thereto may
<br /> retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. IP lessor owns an interest in said iand less than the entire fee simple estate, �
<br /> I� then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest of lessee hereunder be diaputed by lessor, or any other person, f
<br /> the time eovered by the pendency of such dispute aha11 not be counted against lessee either as affecting the term of the lease or the time for payment of rentals or �
<br /> + royalties or for any other purpose, and leseee may suspend all payments until there is a final adjudication or other determination of such dispute. i
<br /> I� IN WITNESS WHEREOF this instrument is esecuted on the date first above wri ten. • i
<br /> � E' APPROVED AS TO D�SCRIPTION .� I�ATA Fred Loescher ' �s�aL� �
<br /> ;i - T.F.Freeman 4/22/30 . ' Ol�a Laescher es�az�
<br /> i, !
<br /> � � _ _� � � LFSSOft �
<br /> Attest: �OORp) TEXAS PRODUCTION COMPANY',
<br /> 1; J. C.�ILidri8l�sistant Se�S�L j By A.R.Wi lso -
<br /> Y• � Vice President I
<br /> �; �
<br /> LESSEE
<br /> i! STATE OF NEBRASKA,
<br /> �;' County of �aL� � s�' � �
<br /> On this �.�. day of �c�,r eh , 19 7j� , before me, a Notary Public, in and for said County, personally came the above named
<br /> �
<br /> � Fr e d Lo e s ch e r and �],�a, Lo e s eh e r , 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 /> li Witness my hand and Notarial Seal the date last aforesaid. I
<br /> ;; (SEAL) Herman F.Buckow
<br />� �i Notary Public. �
<br /> V My commisaion expires on the 1��� day of Ap r i 1 , 19 �j 2 .
<br />'� 'I STATE OF COLORADO, �
<br /> City and County of Denver, ss.
<br /> II
<br /> ; On this 25 day of April , 19 3� , before me, a Notary Public, in and for said County, personally came the above named �
<br /> I' ,�.j� '(�l' ]_gOn , Vice President and J.G'.HL1C�I1a,�.1 • Assistant Secretary of said Texas Production Company, who �
<br /> !� are persona�ly known to me to be the identical persons whose names are affixed to the above instrument as Vice President and Assistant Secretary of said
<br /> Icorporation, 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 Seai the date last aforesaid. (SEAL) John T .Nystrom
<br /> �� Notary public.
<br /> M commission expires on the Q da of O e t ob er 19
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