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<br /> ..__ _. . =$TATE.JDUFi7VAL.COM�PANY.�LtNCOLN.NEH. '.... .. ._ __...._.._'_.._.____...._ __.�__.�._.�....__'__.__.__.__.__._�._
<br /> �� From STATE OF NEBRASgA,t
<br /> I' Hall Cou�a,ty, � ss.
<br /> !' �
<br /> + �Va.1teT S.Ashton and. wife I he�•eby certif� tliat this instrumer��t uas filed for record in m� office I
<br /> i; � at 9:00 o'cT,ncic A. at., October 15, 19 3� , and is �
<br /> dul� recoy�ded tin boo1;. Q page 46 .
<br /> !'
<br /> i � Rec�ister of Deeds
<br /> �' � �'p g�
<br /> '; Texas I�roduetion Company Deputy.
<br /> ;i • 1+'ees,�2.�0
<br /> ;' Lease No. N-52 A Lease No.�T- 9
<br /> ,', ����r19i�nbBoJ�T.� A GA.S MINING LEASE R i�ai Bo�ob J.
<br /> � 3 3 3� 93 v �N.
<br /> ��i An Agreement, entered into this 1 day of - j��C'h , 19 3� , between
<br /> ' l�alter S.Ashton and Edna B.Ashton, his Mife
<br /> �;
<br /> ' lessor (whether one or more), a,nd TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> �
<br /> 1. Lessor, in consideration of the sum o�hirty S�ven 7�1Z�� Dollars ($ �7�7� ), in ha,nd paid, of the royalties herein provided
<br /> and the agreements of lessee herein cuntained, hereby grants, leases and lets exclusively unto'�esse�, for the purpose of testing by any inethod 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 /> � and other structurES (including houses for employees) thereon, to produce, save, ta.ke care of, Lreat and transport said products, the following described
<br /> land in Hc'�.1�. County, State of Nebraska, to-wit:
<br /> � Sou-�heast quarter Section �eventeen; North half of South half of Section Sixteen and Lot
<br /> � Namber tti�o on the Isl�.nd in Section sixteen Township Nine North,Range Twelve,West and con-
<br /> � ta,ining 37T acres more or less �
<br /> ��
<br /> j
<br /> _ �j;
<br /> �;i 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 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 /> i' 3. The royalties reserved by lessor, ta,nd which shall be paid by lessee, are (a) on oil, one-eighth of that produced and saved from said land, the same
<br /> ?i to be delivered at the wells or to the credit of leasor 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 a,t the wells of such one-eighth on the day it is run to the pipe line or storage tanke, lessor's interest in either case to bear ite
<br /> proportion of any expense of treating unmerchantabie oil to render it merchantable as crude, and (b) on gas produced from said land and aold 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 rfghts 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 /> \� �f 4. If driliing operations are not commenced on said land on or �g ore one gar from this date, this lease shall the,�}ter�n}nate �q tQ both parties, unless
<br /> �, lessee shall pay-or tender to lessor or to the cr dit of lessor in 1�-�TS't �'Ga,'�@ Bank at �I1G'1'GOYl NPtJ (which bank is I!
<br /> �; lessor's agent) the sum of El�hteen �'rj'j1�0 — — ,- — — — — �- — — — — — — — — — �- Dollars ($ 1,$.$��j' ) i�
<br /> � (hereina.fter called "rental"), w ich shall extend for six months the time within which drilling operations may be commenced. Thereafter,semi-annually, in
<br /> � like ma,nner, 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 oP rental may be made by the check or draft of lessee mailed or delivered to said bank on or before such date I
<br /> ' of payment. Drilling operations hereunder shall be deemed to be commenced when the firat material is placed on the ground. Notwithstanding any detrolu- �
<br /> I; tion, change or division in the ownership of said land, the payments or tenders of rental in the manner herein provided shali be binding on the successors, �'
<br /> ;i assigns or legal representatives of lessor. 7f such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lessee shall not
<br /> ; be held in default for failure to make such payments or tenders until thirty days after lessor sha.11 deliver to lessee an instrument in writing duly �
<br /> ,; executed and acknowledged, naming another bank as agent to receive such paymenta or tenders. The down cash payment is consideration for thie 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 /> jj before the next ensuing rental paying date, commences further driliing 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 a,ny cause, this lease shall not be terminated thereby if lessee commences additional drilling ��
<br /> ,p !' operations within sixty days thereafter or (if it be within the primary term) commences or resumea the payment or tender of rentals before the next
<br /> l�D ;s ensuing rental paying date. If 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 drilling operations are prosecuted, and, if they result in the production of oil or gas, so long !I
<br /> �:. thereafter as oil or gas is or can be produced from any well on said land.
<br /> �a 6. Lessee ahail have the free use of oil, gas, wood, coal and water from said land, except water from lessor's welis, Yor all operations hereunder, and the royalty on oil '
<br /> � and gae shall be in the net quantity after deducting any so used for operations. Lessee shall have the right at ang time during or after the expiration of this lease to remave
<br /> �' all property and fixtures placed by lessee on said land, inciuding the right to dravc and remqve all casing. When required by lessor, lesaee will bury all pipe lines below ��
<br /> (� ';' ordinary plow depth, and no well ahall be drilled within two hundred feet of any residence or barn now on said land without lesaor's consent. Lessor shall have the privilege, �
<br /> v �, at the risk and expense of lesaor, of making connection and using gas from any gas well On said land for atoves and inside lights �n the principal dwelling on said land out i�
<br /> of any surplus gas not needed for operations hereunder.
<br /> I;
<br /> � '� 7. The righte oE either party under this lease may be assigned fn whole or in part and the provisione hereof shaii extend to the heirs, personal representatives, auccessors �i
<br /> � and asaigns, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the rights and privileges of leasee. Should lesaee assign this lease in
<br /> � (� whole or in part lessor shall look solely to the assignee for performance of its terxns as to the parte ao assigned. No sale or asaigninent by leasor shali be binding on lesaee il
<br /> '! for any purpose until lessee shall be furnished with an instrument in writing evidencing such sale or assignment. If lessee aesigns this lease in part, the obligation (if any �
<br /> �',� exista) to pay rentals is apportioned as between the severul owners ratably according to the surface area of each, and default by one of them in the payment of rentals �
<br /> ahall not affect the validity of the lease on the portion oY 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 /> i'� being produced in paying quantities for any cause whatsoever, unless there shall first be a final judicial ascertainncent that such obligation or cause exists and that lessee
<br /> (� 1 is in default. Upon such final 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 thie lease, each producing weil and ten acres surrounding it to be selected by lessee. Lessee sha11 not be liable in
<br /> � ;� damages for breach of any implied obligation. i,
<br /> \ j�, 9. If aix or more persona be or become entitled to royalties hereunder, they shail by sufficient written instrument deaignate some agent to receive payment for a11, �
<br /> S il and lessee ahall not be required to make payment until such instrument is furniehed. �
<br /> �j � 10. When drilling or other operations are delayed or fnterrupted by lack oE water, labor or material, or by fire, storm, flood, war, rebeilion, insurrection, riot, strike, �
<br /> �� differences with workmen, or failure of carriers to transport or furnish facilities for transportation or as a result of some order, requisition or necessity o1 the government,
<br /> or as the result of any cause whatsoever Ueyond the control of the lessee, the time oY such delay or interruption shall not be counted againat lessee, anything in this lease to i
<br /> ii
<br /> the contrary notwithstanding. p���P� n� �a q_,q_���� �y . Ler�tz �
<br /> � 11. Leasor hereby warrants afl c?§ o cTe n �'f'�titl� tdsai an agrees t at lessee, at lessee's option (but without any duty to do so), may pay and discharge i
<br /> � axiy taxes, mortgages or other liens upon said land, and in that event lessee shall be subrogated to such lien, wiYh full right to enforce the same, and in addition thereto may '
<br /> f� retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. If lessor owns an interest in said land leas than the entire fee simpie estate, �
<br /> �i then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest of lessee hereundeT be disputed by leasor, 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 ior payment of rentals or
<br /> � �� royaltiea or for any other purpose, and leasee may suspend all payments until there is a final adjudication or other determination of such dispute.
<br /> I� IN WITNESS WHEREOF this instrument is executed on the date first above written. �
<br /> �! AP'��� Ell A Tq D+ " �3IP'F IUN & DATA Walter S.ASrit021 {SEAL) �
<br /> ii H.�.��ev�ar� 9/23��5� .
<br /> �� APP�OVE� �5 TO DESC�.RIPTIOId & DATA Edna B.Ashton csE�.�
<br /> ran .Gower 9�y��o z�ssox. ;
<br /> � Attest: (�0� TEXAS PRODUCTION COi�PANY, !
<br /> ! J.C.Hudnall �g�gL� By A.R.Wilson _ �
<br /> ; Assista t �ecre ary. Vice President �
<br /> �� � LESSEE � I
<br /> ;�
<br /> I� STATE OF NEBRASKA, ss I
<br />! i}' County o� Huf f aio � � I
<br /> On this 18't day of ar eh , 193 0 , before me, a Notary Public, in and for said County, persona,lly ca,me the above named I
<br />' �;
<br /> I, �Palter s.Ashton and F'i,�a, $.Ashton , his 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 acknowiedged said instrument to be their voluntary act and deed.
<br /> I; Witness my hand and Notarial Seal the date last aforesaid. $LAL Mart
<br /> � { ) 3.n Slatter
<br /> I�'i ,i Y
<br /> I �, Notary Public. i
<br />, My commisaion expires on the �jt�l day of July , *g �j� ,
<br /> II STATE OF COLORADO, t <�h�, I
<br /> ICity and County of Denver, � ss.
<br /> i
<br /> �� On this 2� u�ay of Sept. , is3o , before me, a Notary Public, in and for said County, personally came the above named
<br /> �; A.R.�l 1.5011 > Vice President and eT.Ci.HUdri3.11 Aasistant Secretary of said Texas Production Company, who
<br /> � are personally known to me to b� 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 ot said corporation. �
<br /> i; Witness my hand and Notarial Seal the date last aforesaid. I
<br /> I� (SEAL) John �o�Nr��u�i�m `I
<br /> �__My commission expires on_the�_�j�_ day of Oetober , 19 �'; .
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