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<br /> From � STATF OF NEBRASIfA,
<br /> � ss.
<br /> Hall County, )
<br /> � C_a.rT011 N.�'Te�.� & Wlf6 I hereby ce��°tify that this inst�°umer�•t was filed fo�• record �rt m� office
<br /> . _ at 9 o'cl,ncic A.�1•, OCt. l�j 19 3p , and is
<br /> duly �°ecorded in Uook � page 8`9
<br /> �����
<br /> Rec�ister o f Deeds
<br /> To ��
<br /> Texas �roductaon Company Deputy.
<br /> _ 1'ees,�2.65
<br /> Lease Na.N— 96 Lease No..N-59
<br /> �� r � n �p x ANI� Ca.�S Il�INI10TCi LE.A ay2tai9BO°sy J.T.N
<br /> ��,� ���$ By g.�r.N. _ 3 9 3
<br /> An Agreement, entered into this �.�. day of March , 19 30 , between
<br /> Carro7.1 N.Trea� �nd Mary Treat his wife; Doniphan,Nebraska
<br /> lessor (whe'ther one or more), a.nd TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> 1. Lessor, in consideration of the sum of twenty to�o Bc�OI ZOO Dollars (� 22•'i-0 ), in hand paid, of the roya.lties herein provided
<br /> and the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto lessee, for{:he purpose of testing by any method for forznations
<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 structures (including houses for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following described
<br /> land in H��. County, State of Nebraska,, to-wit:
<br /> the south west qua,rter of section 4; Mainland lote 3 and 5 of section 4, township 9 north
<br /> ran�e 10 west and containing in all 22�F a,cres more or less. ,
<br /> 2. Subject to the other provisions herein contained, this lease shall remain fn force for a term of ten years from this date (hereinafter caAed "primary ,
<br /> term") and as Iong thereafter as either oil ar gas is or can be produced from any well on said land; however, lesaee 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 wells 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-eightYx on the day it is rttn to the pipe line or storage tank�, 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 uaed off
<br /> the la.nd 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 shali be one-eighth of the amount realized from auch sales. Lessee is hereby given the
<br /> option of purchasing all or any part of said royaity 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 drilling operations are not commenced on said land on or before one ear from this date, thia lease shail then terminate as to both parties, unless
<br /> lesaee shall pay or tender to lessor or to the credit of essor in Bank Of ?�oniphan Eank at DonipDoll g��eb��B��which bank is
<br /> lessor's agent) the sum of TL�.e46A Y1C3. 2���.�� — — �- — �— — — — " — — — — '� — — '
<br /> (hereinafter ca,iled "rent�l"), which shall ex�end for aix months the time within which drilling operations may be eommenced. Thereafter, semi-annually, in
<br /> like manner, and upon like payments or tenders, the commencement of driliing 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 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 paymenta or tenders of rental in the manner herein provided shali be binding on the successors,
<br /> assigns or leg�l representatives of lessor. If such bank (or any succ2ssor bank) should fail, liquidate or be succeeded by another bank, lessee ahall 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 bank as agent to receive such payments or tenders. The down ca.sh 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 discovery of oil or gas on said land Iessee should drill a dry hole or holes thereon, this lease shall not be terminated thereby if lessee,
<br /> before the next ensuing rentai payin� date, commences further drilling operations or commences or resumes the payment or tender of rentals. If after the o �
<br /> discovery of oil or gas the production thereof should cease from any cause, this lease shall not be terminated thereby if lesaee commences additional drilling N
<br /> operations within sixty da�ys thereafter or (if it be within the primary term) commencea or resumes the payment or tender of rentals before the nest
<br /> ensuing rental paying date. If at the expiration of the primary term oil or gas is not being produced on said land but lesaee is then engaged in drilling
<br /> operations thereon, the lease shall remain in force so long as drilling operations are proaecuted, and, if they result in the production of oil or gas, so long
<br /> thereafter as oii or gas is or can be produced from any well on said land.
<br /> 6. Lessee sha11 have tho free use of oil, gas, wood, coal and water from said land, except water from lessor'� wells, for all operations hereunder, and the royalty on oil
<br /> and gas ahall be in the net quantity after deducting any so used for operations. Lessee shail have the right at any time during or after the expiration oP this lease to remove
<br /> all property and fixtures placed by lessee on said land, inciuding the right to draw and remove all casing. When required by leasor, lessee will bury all pipe lines below
<br /> ordinary plow depth, and no well shall be drilled within two hundred feet of any reaidence or ba.rn now on eaid land without lessor's conaent. Lessor sha11 have the pYivilege,
<br /> at the risk and expense of lessor, of making 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 surplus gas not needed for operations hereunder.
<br /> 7. The rights of either party under this lease may be assigned in wiiole or in part and the provisions hereof shall extend to the heira, personal representatives, succesBOre
<br /> and assigns, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the rights and privileges of lessee. Should lessee assign this lease in
<br /> whole or in part lessor shall loolc solely to the assignee for performance of ite terms as to the parts so assigned. No sale or aesignment by lessor sha11 be binding on leasee
<br /> for any purpose until lessee sha11 be furnished with an inetrument in writing evidencing such sale or asaignment. If lesaee assigns thie lease in part, the obiigation (it any
<br /> exiats) to pay rentals is apportioned as between the aeveral owners ratably according to the surface area of each, and default by one oP them in the payment oi rentals
<br /> shall not affect the validity of the lease on the portion of land upon which pro x•ata rentals are paid or tendered.
<br /> 8. This lease ahall never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or fn part any of its implied obligations, nor while oil or gas ie
<br /> being produced in paying quantities for any cause whateoever, unless there shall first be a final judicial aecertainment that such obligation or cause exiats a.nd that lessee
<br /> is in default. Upon such tinal determination, lessee is hereby given a reasonable time thereafter to comply with such obligation, or, at lessee's election, to aurrender the
<br /> lease, with the option of reserving, under the terms of this lease, each producing well and ten acres aurrounding it to be selected by lessee. Lessee ahall not ba liable in
<br /> dama,ges for breach oE any implied obiigation.
<br /> 9. If aix or more persons be or become entitled to royalties hereunder, they ahall by sufficient written instruxnent designate some agent to receive payment for a11,
<br /> and lessee ahail 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, rebellion, insurrection, riot, strike,
<br /> diYferences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a result of some order, recluisition or necessity of the government,
<br /> or as the result of any cause whatsoever beyond the control of the lessee, the time of such delay or interruption ahall not be counted against lessee, anything in this lease to
<br /> the contrary notwithstanaing. P����� �� �� '7,_2� ��'7,0 '� ri' �( L.
<br /> 11. Lessor hereby warrant8 an g e s o en titi'e to said nt[ and 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 liens upon said land, and in that event lessee shall be aubrogated 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. IP lesaor owns an interest in said land less 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 of lessee hereunder be diaputed Uy lessor, or any other peraon,
<br /> the time covered by the pendency of such dispute sixall not be counted against lessee either as affecting the term of the lease or the time for payment of rentale or
<br /> royalties or for any other purpose, and lessee may snspend all payments until there is a final adjudication or other determination of such dispute.
<br /> IN WITNESS WHEREOF this instrument is executed on the date first above written. •
<br /> APP�OV�D AS TO D�SCRIPlION � DATA Carroll N.Treat (SEAL)
<br /> T.F.Freeman 4/22/30 Mary Treat cs�L�
<br /> � L�ssox
<br /> Attest: CORP TEXAS PRODUCTION COMPANY,
<br /> J.C.Hudnall �SEAL3 �y . A.R.Wilson
<br /> Assi�tAnt Secretary. Vice President
<br /> �ss�
<br /> r�,,`a
<br /> STATE OF NEBRASKA,
<br /> County of Hall y SS.
<br /> On this 1�. day of Ma.reh , 19 �j� , before me, a Notary Public, in and for said County, peraonally came the above named
<br /> C�.rroll N Treat ana M�.ry Treat , his wife, who are personally known to me to be the identical
<br /> persons whose narmes are affixed to the above instrument as Ieasors, and they each acknowledgeci said instrument to be their voluntary act and deed.
<br /> Witness my hand and Notarial Seai the date last aforesaid. �SEAL� C.M.C�rlson
<br /> otary Public.
<br /> My commission expires on the �.9 day of JwTl. , 19 �� .
<br /> STATE OF COLORADO,
<br /> ss.
<br /> City and County of Denver,
<br /> On this c 'rj day of April , 19 �j� , before me, a 1�'otary Public, in and for said County, personally came the above named
<br /> A.R.�ilson > Vice President and �J.(i.HUCI.Yi8.1�. _ _ Assistant Secretary of sn�id Texas Production Company, who
<br /> are personally kno��vn to me to be tl�e identical persons whose names are affixed to the above instrument as Vice President and Assistant Secretary of sa3d
<br /> corporation, and they acknowledged the instrument to be their voluntary act and deeci and the voluntary act and deed of said corporation.
<br /> Witneas my hand and Notarial Seal the date last aforesaid. (SEAL) John T.N�TBtr02T1 .
<br /> Notary PubHc.
<br /> My commission expires on the � day oP Oetober � 19
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