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<br /> STATE OF NEBRASgA,�
<br /> From Hald Count�, S�'
<br /> ,j I he�°eby ce�rtif� that this instrumey��t �.cas f�Zed for record in my of fice
<br /> � Edward Niemoth widower �t �;00 o�ctoc�� �.��., October 15, 19 30 , and is i
<br /> �:
<br /> � I
<br /> ;� dul� recorded in boolc Q pa�e 92 . .
<br /> �i
<br /> �� � ���;��,�� Register of Deeds
<br /> ���� To B� �
<br /> ;i
<br /> '' Texas Production Cornpany Deput�.
<br /> �� � I'ees,� 2.�0
<br /> �iLease . o. — 99 HE TE OMP N KA Lease No. N-599 �
<br /> �� E iration Boox �I� .��TD GAS MINING LE�.'� R ntal Book
<br /> ;, ���1 1930 By J. T.N. 3I�9 Z93o By J.T.Id
<br /> �, An Agreement, entered into this Z2th day of I�arch ` � , 19 7�0 , between
<br /> '� Edward Niemoth a widower _ ��
<br /> ,�
<br /> j� lessor (whether one or more), and TEYt1S PRODUCTION COMPANY, a corporation organized under tfle laws of Colorado, lessee.
<br /> I �
<br /> i? 1. Lessor, in consideration of the sum o��enty—e� ht Dollars ($ 2�.QQ ), in hand paid, of the royalties herein provided
<br /> li and the agreements of lessee herein contained, hereby grants,�eases and lets exclusively unto lessee, for the purpose of testing by any method for forma.tions
<br /> and prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powers, stations, telephone lines I
<br /> �, and other structures (including houses for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following described i
<br /> I land in j�gll County, State of Nebraska, to-wit: �
<br /> �':
<br /> 1��� the south ea.st quarter of sec 15 and the south half of the north west quarter and the north �
<br /> �)°� east quarter of the north west quarter of sec 23 in Twp 12 Rge 9 � . 2�0 acres mor� or less '
<br /> '
<br /> � i I
<br /> � I II
<br /> V��
<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 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 royalties reserved by lessor, and which shall 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 �cvells 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 /> ii 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 intereat in either case to bear its
<br /> proportion of any expense of treating unmerchantable oil to render it merchantable as erude, 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
<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 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 />� I offered for sale or tra,nsfer by lessor.
<br /> ��
<br /> 4. If drillin o erations are not commenced on said land on or before one ear from this date thia lease hall
<br /> g P y , s then termmate as to both parties, unless (
<br /> ; Tessee sha11 pay or tender to lessor or to the credit of lessor in rTebr. Nat�1 B�k atGrand I��la C�, �}�Tiwhich bank is
<br /> + lessor's agent) the sum of f Ol,ix t�en 7�0 �'s � ),
<br /> (hereinafter called "rental"), which sha 1 extend for aix months the time within which drilling operations may be commenced. There t�r��emi-annually, in
<br /> i like manner, and upon like payments or tenders, the commencement of drilling operationa may be further deferred for periods of six months during the i
<br /> ! primary 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 beEore such date
<br /> I ;� of payment. Drilling operations hereunder shall be cleemed to be commenced when the first material is placed on the ground. Notwithstamding 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,
<br /> ' assigns or legal representatives of Iessor. If auch bank (or any successor bank) should fail, liquidate or be sueceeded 'by anot2ier bank, lessee ahali not
<br /> be heid in default for failure to make such paymeats or tenders until thirty days after lesaor shall deliver to lessee an instrument in writing duly
<br /> � executed and acknowledged, naming another bank as agent to receive such payments or tendere. 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 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 /> �; 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 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 aext
<br /> I + ensuittg rental paying date. If at the expiration of the primary term oil or as is not bein roduced on said land but lessee is then e a e
<br /> g' g' P ng g d fn drilling
<br /> i 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 /> i thereafter as oil or gas is or can be produced from any well on said land.
<br /> �� 6. Lessee sha11 have the free use of oil, gas, wood, coal and water from said land, except water from leasor's wells, for ali operations hereunder, and the royalty on oil
<br /> �� and gas ahall 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 pf this lease to remove
<br /> � all �roperty and fixtures placed by lessee on said land, including the right to draw and remove ali casing. When required by lessor, lessee will bury all pipe iines below
<br /> ordinary plow depth, and no well shall be drilled within two hundred feet of any residence or barn now on aaid land without lessor'e consent. Lessor shall have the privilege,
<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 Iights in the princlpal dwelling on said land out i
<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 ahall extend to the heirs, peraonal represent&tives, aucceasors
<br /> +r and assigns, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the rights and privileges of lessee. 8hould leasee asaign this lease in �
<br /> I, whole or in part lessor shall look solely to the assignee for performance of its terms as to the parts so assigned. No sale or aseignxnent by leasor shall be binding on leasee
<br /> ! for any purpose until lessee shall be furnished with an instrument fn writing evidencing such sale or aesignment. If lessee assigns thia lease in part, the obligation (ii any �
<br /> �I exists} to pay rentals is apportioned as between the several ownere ratably according to the surface area of each, and default by one of them in the payment of rentals �
<br /> jl shall not a,ifect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> i'� 8. This lease ahall never be forfeited, cancelled, or terminated for failure by leasee to perform in whole or in part any of its i�plied obiigations, nor while oil or gas is
<br /> � being produced in paying quantities for any cause whatsoever, unless there shall first be a final 3udicial ascertsinment that such obligation or cause esists and that leasee
<br /> I� is in default. Upon such final deterxnination, lessee is hereby given a reaeonable time thereafter to comply with auch obligation, or, at lessee's election, to surrender the
<br /> � lease, with the option of reserving, under the terms of this lease, each producing weil and ten acres surroundfng it to be �elected by lessee. Lesaee ehall not be liable in (
<br /> � damages for breach of any implied obligation.
<br />� � � 9. If six or more peraons be ork ecome entitled to royalties hereunder, they shali by sufficient written instrument designate some agent to receive payment for a11, �
<br /> and lessee shall not be e ui ed to ma e a ment until such instr n i
<br /> 4 P Y ume t s furnished.
<br /> � 'j 10. When drilling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, atorm, flood, war, rebellion, insurrection, riot, strike, �
<br /> ? differences with workmen, or failure of carriers to transport or furnish facilities for trans ortation or as a result of some order re uisition r n
<br /> i P , 9 . o ecesgity of the government, I
<br /> � or as the result of any cause whatsoever beyond the control of the lesaee, the time of such delay or interruption shall not be counted agatnst lessee, anything in this lease to !
<br /> � the contrary notwithstanding. pOSt,eC� O�1 �8� � �$° ,]���� ��T. ,N'.,�,ji, i
<br /> 11. Lessor hereby warrants and agreea to efen e le o sai an grees at essee, at lesaee's option (but without any duty to do so), may pay and diacharge ;
<br /> (� asiy taxes, mortgages or other liens upon said land, and in that event leasee shall be subrogated to such lien, with full right to enforce the aame, and in addition thereto may
<br /> v I retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. IE lesaor owns an interest in said land less than the entire fee simple estate, �
<br /> � then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest of 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 time for payment of rentals or
<br /> Q� �, royalties pr for any other purpose, and lesaee may suspend all payments until there is a final adjudication or other determination of such diapute. �
<br /> � (� IN WITNESS WHER,EOF this instrument is executed on the date first above written. j
<br /> Ii . APPROVED AS TO DESCHIPTION. & DA�'A Edward Niemoth �sEAL� �
<br />� it � T.F.Freeman �-�22�30 � � � �� - - � � (s�z� f
<br /> �' L�ssox �
<br /> � Attest: C0�� TEXAS PRODUCTION COMPANY,
<br /> I � J.C.Hudnall. �SEAL) By A.R.Wilson . . .
<br /> � Assistant Secretary. Vice President i
<br /> f �iLESSEE �
<br /> STATE OF NEBRASKA, )
<br /> iCounty of Ha.�.�. � S�' �
<br /> (� � On thfs ],2th day of Mar ch , 1s 30 , befose me, a Notary Public, in and for said County, personally came the above named
<br /> U Edward Niemoth —�� a widower ;3ris�vtfe, who ��g personally known to me to be the identical
<br /> 4ierson,: whose namE,� „ affixed to the above instrament as lessor an@ i' • acknowled ed said instrument to be : �
<br /> p �.iS � 'Y�k1L?= g �3 f°8voluntary act and deed. �
<br /> ; Witness my hand and Notaxial Seal the date last aforesaid. � P.R.$1Tk '
<br /> i - ��E�L� Notary Public. i
<br /> i My commission expires on the 6 t71 day of �Lig118 t , 19 � . '�
<br /> I STATE OF COLORAI30,
<br /> � ss.
<br /> City and County of Denver,
<br /> � On this 2� day of Apri.l , 19 �j� , before me, a Notary Public, in a,nd for said County, personally came the above named
<br /> A.R.�'ilson , Vice President and e1.Ci.HUC�TI,a,l]„ - Assistant Secretary of said Texas Production Company, who
<br /> Iare personaily known to me to be the identical persons whose names are affixed to the above instrument as Vice President and Aseistant Secretary of said
<br /> corporation, and they acknowledged the instrument to be their voluntary act and deed and the voluntary act and deed of eaid corporation.
<br /> Witness my hand and Notarial Seal the date last aforesaid.
<br /> �� (SEAL) John T.Nyi�o����ubii�. �
<br /> � My commission expires on the � da of Oetober 19 33 .
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