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<br /> �����J��������J� ������ �
<br /> From � STf1TE OF NEBRASI�A,
<br /> Hall County, � ss.
<br /> August Randecker, a, 3.dOW@T I hereby cer�tify tlLat t1�is instrumer�t uas filed for record in my office
<br /> at 10 o�c�oc�� A. Dr., February 16 193], , and is
<br /> � d2cl� recorded in book (1' page 97 •
<br /> \J��u--�� Register of Deeds
<br /> To ��
<br /> Texas Produetio� Company Deputy.
<br /> . I+'ees,� 2,75 _.
<br /> T � OLORADO e8 � � 'o-�j2�
<br /> LeaseENog �'O��NY �IL AND G.A.S YVIIloTI1�TC; LEAS� �y�� }9�8 �y J.T. .
<br /> ����� a{; npBokT �T
<br /> �EYg��xrf��, �ntc��ct'i�nto this 1�3� day of �B.rCY1 , is30 , between
<br /> August Ra.n�ecker, A widow�r, Shelton,Nebraska - �
<br /> lessor (whether one or more), a.nd TEXAS PRODUCTION COMPANY, a corparation o�ganized under the laws of Coiorado, lesaee.
<br /> 1. Lessor, in consideration of the Sum orTwenty four pollars ($ �4.�� ), in hand paid, of the royalties herein provided
<br /> and the agreements of lessee herein contained, hereby grants, leasea and lets exclusively unto lessee, for the purpose of testing Uy 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
<br /> and other structures (including housea for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following described
<br /> . land in Hal1 County, State ot Nebraska, to-wit:
<br /> Lots 1,2,3 and 4 on Ieland, and Lots 1,2,3 and 4 bn �ainland and land added by accretion,
<br /> eacepting however, a parcel of land conte,ining 100 and a fractional acres, off and along
<br /> the �orth side of Lote 1,2,3 ,a,nd 4 on �iainland, Section 17-9-12 �est of 6th P.M. described
<br /> as follows; beginnin� at the N'� corner of �aaid eection 17, running thence E to its 1�E corne
<br /> fifty three hundred and nine feet, thence 3 alvng its E line four hundred thirty eight feet
<br /> thence in a southwesterly direction to a point in its '� line which lies twelve hundred and
<br /> three f eet 9 of the place of beginning, thence North twelve huridred` and,.three f est to said res
<br /> lace of e inni , con�aini 100 an a. � act ion 2 cres (whi ch one hu ed nd ra�ti�� n:�._.. .
<br /> �iav��h�re�o�ore �}en conve e�by gran�or� �ierein �' �eor�e and Henr �ia�t��son�' al� �n ee
<br /> � �S� e�fb�e dthLi��o'�i�i�oh'�"�e�n �taih��ii§IE�e C§�aIIt���ii �fo��or����h�bf�Q�y�ar�i�o��d2�te (hereinafter caAed "primary
<br /> term") and as long thereafter as either oil or gas ia or ca$.,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 royaities reserved by lessor, and which shall be paid by lessee, are (a) on oil, one-eighth of th�,t produced and saved from said land, the same
<br /> to be delivered at the �vells 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 stor�ge tanks, lessor's interest in either case to bear ita
<br /> proportion of any expense of treating unmerchantable oil to render it merchantable as crude, and (b) an gas produced from said land and aold or used off
<br /> the land or in the manazfacture of gasoline, inciuding 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 ia hereby given the _
<br /> option of purchasing all or any part oP sa.id royalty rights from the lessor at the beat bona fide price offered by responaible thfrd parties when and iE
<br /> offered for sale or transfer by lessor.
<br /> 4. If drilling operations are not commenced on said land on or before one year from this date, this lease shall then terminate as to both parties, unless
<br /> lessee shali pay or tender to lessor or to the credit of lessor in girst ►gt8't@ Bank at $helton,IQEbl"&.81C8(which bank is
<br /> lessor's agent) the sum of 'j'q� ],ye --- _------ — -------------------------- ----Dollars ($ '12 �� )
<br /> (hereinafter calied "rental"), wh��`Ch shall extend for six months the time within which drilling operations may be commenced. Therea�ter, semi-annually, fn
<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 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 said land, the payments or tenders of rental in the manner herein provided shall be binding on the auccessora,
<br /> assigns or lega,l representatives of lessor. If such Uank (or any successor 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 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 g�as 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 su�ty days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentals before the next
<br /> ensuing rental paying date. If at the expiration of the primary Lerm oil or gas is not being produced on said land but lessee is then engaged in drilling
<br /> operations thereon, the lease ahall remain in force so long as drilling operations are prosecuted, and, if they result in the production of oil or gas, ao long ''
<br /> thereafter as oil or gas is or can be produced from any well on said land.
<br /> 6. Lessee ahall have the free use of oil, gas, wood, coal and water from said land, except water from lessor's wells, for all operations hereunder, and the royalty on o51
<br /> and gae sha11 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 of this lease to Yemove �
<br /> all property and fixtures placed by leasee on said land, ineluding the right to draw and remove all casing. When required by lessor, lessee will bury all pipe linea 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'a consent. Leseor sha11 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 stovea and inside lights in the principal dwelling on said land out
<br /> of any surplus gas not needed for operatione hereunder,
<br /> 7. The rights of either party under this lease may be asaigned in whole or in part and the provisions hereof shall extend to the heirs, personal repreaentatives, successora
<br /> and asaigns, but no sale or assignment by lessor ahall operate to enlarge the obligation� or diminish the rights and privileges of.lessee. Should lessee assign this lease in
<br /> whole or �n part lessor shall look solely to the assignee for perPormance oY its terms as to the parts ao assigned. No sale or asaignment by lessor ahall be binding on lesaee
<br /> ur ose untii lessee ahall be furnished with an instrument in writing evidencing such sale or assignment. Sf lessee assig�ns this lease in part, the obligation (if any
<br /> for an p n la
<br /> y p , fault b one of them in the payment of re ta
<br /> exists) to pay rentals ia appoitioned as between the several owners ratably according to the surface area of each, and de Y
<br /> shali 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 shall never be forfeited, cancellecl, or terminated for failure by lessee to perform in whole or in part a.ny of its impiied.obligations, nor while oil or gas is
<br /> being produced in paying quantities for any cause whataoever, unless there shall first be a final �udicial ascertain�r�ent that such obligation or cause exists and that lessee
<br /> 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 this lease, each producing well and ten acres surrounding it to be aelected by lessee. Lesaee shall not be liable in
<br /> damages for breach oY any implied obligation.
<br /> 9. IY six or more persons be or become entitled to royaities hereunder, they shall by sufficient written instrument designate aome agent to receive payment for all,
<br /> and lessee shall 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, atrike,
<br /> differences with workmen, or failure oE carriers to transport or furnish facilitie� for transportation or as a result of some order, requisition 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 shall not be counted against lessee, anything in thia lease to
<br /> the contrary notwithstanding.
<br /> 11. Lessor hereby warrants and agrees to defend the title to said land and agrees that lessee, at lessee'a option (but without any duty to do so), may pay and discharge
<br /> ariy taxes, mortgages or other liena upon said land, and in that event lessee shall be subrogated to such lien, with full right to enforce the same, and in addition thereto may
<br /> retain for the satiafaction of such lien and intereat all royalties or rentals accruing hereunder. If lessor 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 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 oP the lease or the time for payment of rentals or
<br /> royalties or for any other purpose, and lessee may suspend ail 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 /> Pq s ed on Ddap � APPR�OV�D �S T@Wa��CRIPTION. & DATE August Rendecker �5��
<br /> 7/2� 1930 �y F.G�.L. ��17y�o . _ cs�.)
<br /> z��cssoR
<br /> Attest: �CORP 1 TEXAS PRODUCTION COMPANY,
<br /> J.�.Hudnall sEAL) By A.R.VPilson
<br /> Assistant ecretary. Vice President
<br /> LESSE�
<br /> STATE OF NEBRASKA, Bggpre me� the undersi�ned, �. Notary Public in and for said County,and
<br /> County of$uff�,lo �SS Stat�, �on this 1ffith day of Ju1y 1930 personall appeared Augu t R ndeck t
<br /> a w i d o�r e r t o m e k n a.w n t o b e t h e i d e n t i e a l p e�s�n -�h o e�e�u t,e d� t h e w�.�h i n. :a n d f Qr_e g o�n g.._�n s t�r u m n
<br /> and acknowledged to me that he executed the same as his free. amd- vn].untarp act and deed for _ �Ch
<br /> uae� and -purpo8ea ��ierein s�t forth. _ _ . . _ -- � � ..•;:
<br /> Givex�- unde.r my hand and sea]. the day-and year last above written.
<br /> " {SEAL) Cicb���tT�bY
<br /> My commission expire� �gL� ].$� 1.���js ., , . . -
<br /> STATE OF COLORADO> The foregoing instrument aa� acknoWledged before me this 13 day of
<br /> ss.
<br /> City and County of Denver, � OC'tObOr 1930,by A.R.Y�ilson �,nd J.C.Hudnall,Vice President and Assis ant
<br /> 9eere�ary,respectively, of Texas Production-Company,a �corporation. � - � � "'
<br /> II WITNESS my hand and Official seal. _. . . _ � . - . .; i
<br /> ::, (SEAL) ..John �'.�d.yatrom ` ;
<br /> - - Notary Public in and for
<br /> said County and $tate.''��
<br /> M commission expires on the Q day oP OCtOUer , 19
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