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<br /> ..__, -.��RTF.��SLBJYA6 COFTPANY._LfNCOLFI�NE4. . . _ .. ____ _�_,.._.-_._.__ . ... ._..r..�._'__,.
<br /> ! STATE OF NEBRASgA,�
<br /> From HaZl County, ss.
<br /> I
<br /> ; Fred Hittfi�ld,sir�le I
<br /> � I hereby certify t)iat th2s instrumey��t was filed for record in my office
<br /> j; . . at 9 n'c1,ocic Adi., October 15 19 30 , and is
<br /> dul� reco�°ded in boolc (� page 9Q . �
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<br /> �; � ,
<br /> I f' �z�� -��'—�� Register of Deeds k
<br /> j: To
<br /> BJ I
<br /> �i Texas Production Company Deputy.
<br /> �' _ I�'ees,� 2.65 I
<br /> i
<br /> ''; Lease No.- N-597 �'HE TE CO BRASKA Lease NQ. N-597 i
<br /> �i �� iration eoo ��L �.`�D G.l�iS MINING LEAS�
<br /> P k Rental Book
<br /> u 3/31 l���gr�e�'ment; erit�ed into this ].2 daY �f �a,rch � 3/2� �930 I� J.T.f
<br /> '� Fred Bittfield. a single man � �j , tween !I
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<br /> (I 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 $�R't@�11 Dollars (�y ],�j•QQ ), in hand paid, of the royalties herein provided I
<br /> ���� and the a reements of lessee herein contained hereb rants leases and lets exclusivel unto lessee for the u osQ of testin b an meLhod for formations �!
<br /> I g > Y g , Y > P x'P g Y Y
<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, treat and transport said products, the following described �
<br /> ��
<br /> ' land in xaj.�. County, State of Nebraska, to-wit: I
<br /> North 3�est Quarter of Section Thirty Two Township Nine North Range Eleven tiqest Conta.ining II
<br /> (� j 160 acres more or less. �}�
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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 /> 1 term") and as long thereafter as either oil or gas is or can be produced from any well on said la.nd; however, lessee at any time may release this lease i
<br /> � in whole or in part. �
<br /> 3. The royalties reserved by lessor, and which shaiT be paid by lessee, are (a) on oil, one-eighth of that produced and sa,ved 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 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 solc3 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 shali sell gas at the wells lessor's royalty thereon shall be one-eighth of the amount realized from such sales. Lessee is hereby given 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 /> � offered for sale or transfer by lessor.
<br /> i 4. If drilling operations are not commenced on said land on or before one ear from this date, this lease shall then terminate as to both parties, uniess +�
<br /> i lessee sha11 pay or tender to lesaor or to the credit of lessor in Firet Sytate B�k arRenesaw Neb (which bank is
<br /> ;I lessor's agent) tha sum of Fight ---------------------------------------------- Dol�ars ($8.00 ) i
<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 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 leasee mailed ur delivered to safd bank on or before such date i
<br /> � of payment. Drilling operations hereunder shail be deemed to be commenced when the first material is placed on the ground. Notwithatanding 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 successors, i
<br /> asaigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another ba,nk, lessee sha11 not i
<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 cash 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 diacovery of oil or gas on said land lessee should driII 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. I� after the �
<br /> �' discovery of oil or gas the production thereof should cease from any cauae, this lease shall not be terminated thereby if lessee commenees 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 /> j'; ensuing rentai 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 fn drilling
<br /> �� operations thereon, the lease shall remain in force so long as drilling operations are prosecuted, and, if they result in the productioa of oil or gas, so long
<br /> I� thereafter as oil or gas is or can be produced from any well on said land.
<br /> '! 6. Lessee shall have tho free use of oil, gas, wood, coal and water from said land, except water from lesaor's wells, for ail operations hereunder; and the royalty on oil '
<br /> ' and gas shall be in the net quantity after deducting any so used for operatione. Leasee shall have the right at any time during or after the expiration of thia lease to rempve �
<br /> � I� all property and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by leseor, lessee will T�ury all pipe lines below j
<br /> ordinary plow depth, and no well ahall be drilled within two hundred feet oP any residence or barn now on said land w3thout lessor's consent. Lesaor shall have the privilege, I
<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 lighta in the principal dwelling on said land out
<br /> � �i of any aurplus 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 ahall extend to the heirs, pereonal representativea, aucces�rs
<br /> iand asaigns, but no sale or aseignment by lessor shall operate to enlarge the obligations or diminiah the rights and privileges of leasee. Shuuld leasee assign this lease in
<br /> whole or in part leseor shall look solely to the assignee for performance of its terms as to the parta so assigned. No sale or assignxnent by leasor ahall be binding on lesaee
<br /> �� for any purpose until lessee shall be furni�hed with an instrument in writing evidencing auch sale or assignment. If leasee assigns this lease in part, the obligation (if any
<br /> exists) to pay rentals is apportioned as between the several owners ratably according to the surface area oY each, and default by one of them in the payment of rentals
<br /> � �� shall not affect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> il 8. This lease ahall never be forfeited, cancelled, or terminated for failure by leeaee to perform in whole or}n part any of fts implled obligations, nor while oil or gas is
<br /> �, being produced in paying quantities for any cause whatsoever, uniess there shali first be a final judicial ascertaixunent that such obligation or cause exiats and that lessee
<br /> is fn default. Upon such final determination, lessee is hereby given a reasonable time therealter to comply with such obligatfon, or, at leesee's election, to surrender the
<br /> � (I iease, with the option of reserving, under the terms of this lease, each producing well and ten acres aurrounding it to be selected by lesaee. Lessee ahall not be liable in
<br /> � �! damages Eor breach of any implied obligation. I
<br /> ; 9. If aix or more persona be or become entitled to royalties hereunder, they ahall by sufficient written instrument designate some agent to receive payment for a11,
<br /> i' and lessee shall not be required to make payment until auch instrument is furnished.
<br /> 10. When drilling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, atorm, flood, war, rebeilion, inaurrection, riot, strike,
<br /> �� differences with workmen, or failure of carriers to transport or furnieh facilities for tranaportation or as a result of some order, requisition or neceasity oi the government, 0
<br /> or as the reault of any cause whateoever beyond the control of t�t}e lesaee the time�Rf ¢.�c�delay or interruption shall not be counted againat lesaee, anything itt thia lease to �
<br /> �! the contrary notwithstanding. �7Q���,d 01� ��� �,�'—20 1C��� b� li . YY. L.
<br /> �i 11. Leasor hereby warrants an agrees to efen e tle to said 1 d and agrees that lessee, at lessee's option (but without anq duty to do ao), may pay and diacharge
<br /> (� ariy 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 eame, and in addition thereta may �
<br /> � 1; retain for the satisfaction of such lien and intereat all royaltiea or rentals accruing hereunder. If lessor owna an interest fn said land less than the entire fee simple estate,
<br /> II then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or intereat of lesaee hereunder be disputed by lesaor, 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 time for payment of reatals or
<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 /> IN WITNESS WHEREOF this instru ent is te n v tt n. �
<br /> !! �P�'RO�:� �S � `�������'f� � DATA .
<br /> �I T.F.Freeman 22 0 � - �'red Bittfield csEaL�
<br /> li � �sEx�.�
<br /> � z�ssox.
<br /> i Attest: t CORP� TEXAS PRODUCTION COMPANY,
<br /> Ii J.C.Hudnall (SEAL) sy A.R.Wilson
<br /> ;j Assistant Secretary. Vice President
<br /> fI LESSEE
<br /> � STATE OF NEBRASKA,
<br /> � ss.
<br />, ' County of A.daTriB
<br />�I i On this 1,2 day of �dareh > 19 3Q , before me, a Notary Public, in and for ssid County, personally came the above named
<br /> �'r e d B i t t f i e 1 d and s i ng 1 e �,I1 ,�jc.u�if.o, who are persona,lly 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 /> j± Witness my hand and Notarial Seal the date last aforesaid.
<br />� ! (SEAL) �.� Joseph D.Jaco
<br /> Notary Public.
<br /> I� My commission expires on the 7j day of .�1Llg. � 19 ?jl;
<br /> � STATE OF COLORADO,
<br /> City and County of Denver, �' SS_ �
<br /> IOn this �5 day of Apr i 1 , 19�j� , before me, a Notary Public, in and for said County, personally came the above named
<br /> ( � � , Vice President and J.(i.Ht1d21311 - Assistant Secretary of said Texas Production Company, who �
<br /> � are persona�'y�nown�o me to be the identical persons whose names are affixed to the above instrument as Vice President and Assistant Secretary of said
<br /> corporation, and they acknowledged the instrument to be their voluntary act and deed and the voluntary act and deed of said corporation.
<br /> i Witness my hand and Notarial Seal the date last aforesaid. ��EAL
<br /> �, � ) John T.Ny$���ub���.
<br /> " M commission ex ires on the �� day of � t )� 19 '
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