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<br /> I STATE OF NEBRASgA,�
<br /> j From Flall Count�, s�.
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<br /> il �d�ard Bol.tz �.21d v�ife I hereby certify tltiat this instrumey��t uas filed for record in my offiCe
<br /> �� at 9 o'c1,oc7c A. 177.,October 15, 19 30 , and is '
<br /> !! c�ul� reco�•ded in book (�1 page 9� . �
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<br /> ���c�`l✓�� Register o f Deeds �
<br /> i' To B✓ i .
<br /> n;; Texa� Production Company Deputy. �I
<br /> �' I+'ees,�3.10
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<br /> � Lease No�.N-:: G2�=�1E TE�CAS AN RASKA ease . –
<br /> ; E iration ook � ,�ND GAS MINING LEA R ntal Book I
<br /> �,� �jl 1930 by J. T.N, _ 3�29 1930 by J.T. .
<br /> An Agreement, entered into this ].3 day of �c't.TCYl , 19 3� , between
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<br /> Edward Holtz and Minnie Boltz his wife Doniphan,Nebraska �
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<br /> ' �E lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee. i
<br /> �;, 1. Lessor, in consideration of the sum of'j'h�Tty- S�X & �O�I.00 Dollars ($ �j6.�� ), in hand paid, of the royalties 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 /> I.i and other structures (including houses for employees) thereon, Lo produce, save, take care of, treat and transport said products, the following described j
<br /> ; land in Hall County, State of Nebraska, to-wit: Lot � _(Island) seetion 27j township 10 range Z0� 1 �
<br /> !' North east quarter of the north v�est quarter, Island lots 2 and 3 section 26, township 10, �
<br /> ` �i range 10; Island lots 5,6 ,7,� section 27,tovanship l0,ra,nge 10; The north w9est quarter of the ;
<br /> ,, north east quarter a,nd lots 1 & 6 (Island.) in section 29,township IO,,�v�e � and eontainin�; in (
<br /> !' all 36�+ �_cres more or less i
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<br /> � 2. Subject to the other provisions herein contained, thia lease shall remain in force for a term of ten years from this date (hereinafter called "primary 1
<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 release this lease: �
<br /> � in whole or in part.
<br /> E; 3. The royalties reserved by lessor, and which shall be paid by lessee, are (a) on oil, one-eighth of that produced a,nd saved from said la.nd, 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 /> 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 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 �rom 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 /> � if and when leasee shall sell gas at the wells lessor's royalty thereon shail 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 offer�d by responsible third parties when and if
<br /> �� �; offered for sale or tra,nsfer by lessor.
<br /> � �'.I 4. If drilling operations are not commenced on said land on or before one year from this date, this lease shall then terminate o both rties, unless
<br /> ' leasee sh�l pay or tender to lessor or to the credit of le or in Grand Island_Nat �1_ B�k at q.rand Islan�l�e�r�a�h bank ij
<br /> '; lessor's a ent) the sum of El�hteen and 20�100 — Dollaxs �
<br /> i (hereinafter called "rental"), whic shall extend for six months the time within which drilling operations may be commenced. Thereaf�er, semi-annually, in
<br /> i; like manner, and upon like payments or tenders, the commencement of drilling operations may be further deferred for periods of six monthg during the
<br />� l: 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 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 sa,id land, the payments or tenders of rental in the manner herein provided shall be binding on the successors,
<br /> !` assigns or legal representatives of lessor. If such bank (or any succeseor bank) should fail, liquidate or be succeeded by another bank, lessee shall not
<br />�� � i� 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 /> �1 �( executed and acknowledged, naming another bank as agent to receive such payments or tenders. The down cash payment is consifleration for this lease ;
<br /> I according to its terms and shali not be alocated as mere rentai for a period. i
<br /> i� 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 leasee, ,
<br /> �� before the next ensuing rental paying date, commences further drilling operations or commences or reaumes the payment or tender of rentals. If after the
<br /> � I; discovery of oil or gas the production thereof should cease from any cause, this lease shall not be terminated thereby if leasee commences additional drilling �
<br /> operations within s�ty days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentals before the next �
<br /> ij ensuing rental paying date. If at the expiration of the primary ter� oil or gas is not being produced on said land but lessee is then engaged in drilling
<br /> � �i 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. �
<br /> 1, 6. Lessee shall have the free use of oil, gas, wood, coal and water from said land, except water from leasor's wells, for all operations hereunder, and the royalty on oil �
<br /> �, and gas sha11 be in the net quantity after deducting any so used for operatione. Lessee shall have the right at ang time during or after the expiration of this lease to remove
<br /> i� all property and fixtures placed by lessee on said land, including the right to draw a.nd remove a11 casing. When required by lessor, le�see wiiL bury ail 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 shall have the privilege,
<br /> � at the riak and expense of lessor, of making connection and using gas from any gas well on said land for stoves and insfde lights in Yhe principal dwelling on said land out �
<br /> I of any surplus gas not needed for operations hereunder.
<br /> i ht of ei h r nd r thi lease
<br /> 7. The r g s t e party u e s may be assigned in whole or in part and the provisions hereof ahall extend to the heirs, personal representatives, successors j
<br /> (� and assigns, but no sale or assignment by lessor shall operate to enlasge the obligations or diminish the rights and privileges of les�ee. 8hould leasee assign this lease Sn
<br /> � whole or in part lessor shall look aolely to the assignee for perforxnance of its terms as to the parts so assigned. No sale or aeaignment by lesaor sha11 be binding on leasee i
<br /> for any purpose until lessee shall be furnished with an instrument in writing evidencing auch sale or aseignment. If lessee assigna this lease in part, the obligation (if any �
<br /> II exists) to pay rentals is appoi�tioned as between the several owners ratably according to the aurface area of each, and default by one o! them in the paymettt 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 /> �, 8. This lease ahail never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its impiied obtigations, nor while oil or gas fe I
<br /> l; being produced in paying quantities for any cause whatsoever, unlesa there shall first be a final judiciai ascertainment that Such obligation or cause exists and that lessee ;
<br /> fs in default. Upon such final determination, lessee is hereby given a reasonable tfine thereafter to comply with such obligatfon, or, at lessee's election, to surrender 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 lesaee. Lessee aha11 not be liable in �
<br /> i �, damages for breach of any implied obligation. �
<br /> 9. If six or more persona be or become entitled to royalties hereunder, they shall by aufficient written instrument designate some agent to receive paynnent Yor a11, i
<br /> �• and lessee shall not be required to make payment untii 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, atorm, flood, war, rebellion, insurrection, riot, atrike, �
<br /> '; differences with workxnen, or failure of carriers to transport or furnish facilities for transportation or as a result of some order, requisition or neceasity oP the government,
<br /> or as the result of any cause whatsoever beyond the control of the lessee, the time of au h elay or interruption shali not be counted against lessee, anything in this lease to �
<br /> the contrary notwithstanding. �in �n j� l ]���j y �
<br /> 11. Lessor hereby warrants f�nd�g�e��to�IenT�ti�TeOto�aid l�fdOand��dgre�s�t�t�ssee, at lessee's option (but without any duty to do so), may pay and discharge I
<br /> �� ariy taxea, mortgages or other liens upon said land, and in that event lessee shall be subrogated to such lien, with full right to eniorce the same, and in additi0n thereto may
<br /> �; retain for the satisfaction of such lien and intereat all royalties or rentals accruing hereunder. IE lessor owns an interest in said Iand leas than the entire fee simple estate, j
<br /> then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or intereat of lessee hereunder be diaputed by leasor, or any other person, !
<br /> the time covered by the pendency of such dispute shali not be counted against lessee either as affecting the term of the lease or the time for pa ent 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 of such dispute. �
<br /> �! IN WITNESS WHEREOF this instrument is esecuted on the date first above written. • . i
<br /> ' APPROVED AS TO DESCRzPT'I N & DATA Edward Boltz csEai.� �
<br /> !! T,F.Fr�e�man 4/21g30 - Minnie BO�.tZ (SEAL) '
<br /> i�� CORP LFSSOR. �
<br /> � Attest: �SEAL3 TEXAS PRODUC IO OMPANY, �
<br /> �'� J.C.Hudnall By A.�.�i�son �
<br /> �i Assistant Secretary. Vice President
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<br /> r�ss�
<br /> (', STATE OF NEBRASKA,
<br /> County of H3�.�. � ss.
<br /> �i On this �3 day of Mareh , 19 �j0, before me, a Notary Public, in and for said County, persona.11y came the above named
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<br /> Edwar d Bo 1 t z ana Mi nni e BO�.'t Z , hia wife, who are personally known to me to be the identical
<br /> persons whose names are affixed to the above instrument as lessors, and they each acknow2edged said fnstrument to be their voluntary act aud deed.
<br /> �; Witness my hand and Notarial Seal the date last aforesaid. '
<br /> ; (SEA L) �r•M•�o�ax��ysp°,ib�i�.
<br /> �(� My commission expires on the 1.9 day of Jan. , 1g �j5. !
<br /> STATE OF COLORADO, �'''�
<br /> �� City and County of Denver, �' ss. I
<br /> I ��; On this 2�j day of Ap r i 1 , 19 �Q , before me, a Notary Public, in and for said County, persona,lly came the above named
<br /> �) A,t�,�1�.5011 , Vice President and J. .HL1C311a.�.1 . - 1�.ssistant Secretary of said Texas Production Company, who
<br /> are personally known to me to be the identical persons whose names are affixed to the above instrument as Vice President and Assista,nt Secretary of said �
<br /> ': corporation, and they acknowledgefl 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) John T.NYB'tTOltl
<br /> �� Notary Public.
<br /> � commission expires on the Q da of Oetober is
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