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<br /> —STATEIGURNAL GOMPANY.��NCOLN,NE9 W �v ' - " � "—�. — -- -
<br /> � STATE OF 1VEBRASSA,�
<br /> � From guit cou�Zt�, ss.
<br /> �; .
<br /> Geo. B. LOt1Ck8 �.rid Y9ffE I hereby certif� that this instrumer��t �uas fz`led for record in m� office
<br /> �� . at 8`:30 n'c1,ncic A. 117., March �: 19 3�- , and is
<br /> i` dul� recorded in book Q page ��'
<br /> i', � _
<br /> P Rec�ister Deeds �
<br /> I �'� TO B�
<br /> ��
<br /> I;
<br /> ' Texas Production Company Deputy,
<br /> �' _ r{�ees,�2.go _
<br /> ' HE TE � 0 NY ea e , -
<br /> . �'�Ea�ra�on�sd��� OIL AND GAS MINING LEASE i�ai �o s J.T �.
<br /> q 39 7 93 �
<br /> -;���� �"A��A g�emen�Ten�e'red into this ].],'��1 day of February , 19 �� , between
<br /> �+ Geo. B. Loucke and Adell Loucks, h�.s wife
<br /> ��,
<br /> ��� le8sor (whether one or more), and TEXAS PRODUCTION COMPANY, a c��o�,t��organized under the laws of Colorado, lessee. I
<br /> '�c�� 1. Lessor, in consideration of the sum or 8eventy�-$�V8Y1 �.31C�..^ �D'�1 s ($ 7�].�� ), in hand paid, of �he royalties herein provided
<br /> �j� and the agreements of lessee herein contained, hereby grants, leases and lets exclusively unto Tessee, 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 /> and other structurea (including houses for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following described
<br /> li land in County, State of Nebraska, to-wit: I
<br /> �The fractional north half of 9ection 6, the north half of 9outheast quarter and the east half
<br /> � !of the northeast quarter Section 5 and northwest quarter Bection 4, Township � north, Range 9
<br /> 'West, Adams �Co.
<br /> � iThe Southeast quarter Bection 36 and the East half of the Southeaet quarter and the East half
<br /> 'of the �Peet half of the Southeast quarter Section 3�, To�nship g North Range 9 �est,Ha11 Count .
<br /> The 3outhweat quarter af the 8outhwest quarter Section 31, Toa�ship 9 &Qrth,Range � �4est,
<br /> iHamilton County, 3�ate of �Tebraska. Containing 775 acres more or less, according to Giovernmen
<br /> ! survey.
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<br /> ` j 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 catt 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 saved from said land, 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 /> � 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 /> � groportion of any expense of treating unmerchantable oil to render it merchantable as crude, and (b) on gas produced from said land and aold or used off
<br /> ? the 7and or in the manufacture 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 rayalty 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 /> ' oPfered for sale or transfer by lessor.
<br /> � 4, If drilling operations are not commenced on said land on or before one ear from this date, thia lease shall then termina.te as to both parties, unless
<br /> lessee shall pay or tender to lessor or to the credit of lessor i T B� Nat�OA81 Bank at Hast ings,�e which bank is
<br /> lessor's agent) the.sum of Thirt�r-Ei�ht and 75�1�� — — — — — — — — — — — — — — Dollars ($ �� ��j' )
<br /> i (hereinafter called "rentaP'), which s all ex nd for six months the time within which drilling operations may be commenced. There ter�semi-annually, in
<br /> i like manner, and upon like p�yments or tenders, the commencement of drilling operafcions may be further deferred for periods of six months during the
<br /> ,� prima,ry term. The payments or tenders of rental may be made by the check or draft of lessee mailed ur delivered to said ba,nk 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 successors, I
<br /> � assigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lessee shall not
<br /> i be held in default for failure to make such gaymenta 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 sha11 not be alocated as mere rentalfor 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 ahall not be terminated thereby if lessee, �
<br /> � 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 any cause, this lease shall not b°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 bePore the next
<br /> i 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 f
<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 oii or gas, so long �
<br /> thereafter as oil or gas is or can be produced from any well on said land.
<br /> , 6. Lessee shall 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 oil, �
<br /> and gas 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 remove
<br /> ' all property and fixtures placed by lessee on said land, including the right to draw and remove ali casing. When required by leasor, leasee will bury all 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 lesaor's consent. Lessor shall have the privilege,
<br /> r at the risk and expense of lessor, of making connection and using gas from any gas well on said land for stoves and inside tights in the principal dwelling on said land out
<br /> (� ; of any surplus gas not needed for operations hereunder.
<br /> v � 7.` THe rights of either party under this lease may be assigned in ahole or in part and the provisions hereof shali extend to the heirs, personal repreaentatives, succeasors
<br /> ahd assigns, but no sale or assignment by lessor shali operate to enlarge the obligations or diminish the righte and privileges ot leasee. 3hould lesaee.assfgn this lease in
<br /> � !j whole or in part lessor shall look solely to the assignee for performance of its terxns as to the parts so assfgned. No sale or assignment by lesaor eha11 be binding on lessee
<br /> , fpr any purpose until lessee shall be furnished with an instrumenx in writing evidencing such sale or assignment. If lessee assigna this lease in part, the obligation (if any
<br /> lV � exista) to pay rentals is apportioned as between the several owners ratably according to the surface area of each, and default by one oE them in the payment of rentals
<br /> ahall not affect the validity of the lease on the portion oE land upon which pro rata rentals are paid or tendered.
<br /> i 8. This lease shall never be forfeited, canceiled, or terminated for failure by lessee to perform in whole or in part any of its implied obtigations, nor while oil or gas is
<br /> being produced in paying quantities for any cause whataoever, unless there shall first be a final judicial aacertainxrient that such obligation or cause esists and that lesaee
<br /> i is in default. Upon auch final determination, lessee is hereby given a reaeonable time thereafter to comply with such obligation, or, at lesaee'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 selected by leasee. Lessee ahall not be liable in
<br /> (� ! damages for breach of any implied obligation.
<br /> �° ! 9. If six or more persons be or become entitled to royalties hereunder, they ahall by sufficient written instrument designate some agent to receive payment for all,
<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, strike,
<br /> � differences with workxnen, or failure of carriers to transport or furnish facilities for transportation or as a result of some order, requisition or necessity of the government>
<br /> i 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. LessoT hereby warrants and agrees to defend the title to said land and agrees that lessee, at lessee's option (but without any duty to do so), 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 rfght to enforce the same, and in addition thereto may
<br /> retain for the satisfaction of auch lien and intereat all royalties or rentals accruing hereunder. If lessor owns an fnterest in said land less than the entire fee simple estate,
<br /> then the Toyalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest of lessee hereunder be diaputed 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 oE the lease .or the time for payment oE rentals or
<br /> /� royaltiea or for any other purpose, and leasee may suspend all payments untii there is a finai adjudication or other determination of such dispute.
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<br /> v IN WITNESS WHEftEOF this instrument is executed on the date first above written.
<br /> '� Posted on �a.p APPROVED AS TO DESCRIPTI�A •t� DA�� : Geo. B.Loucks �s�aL� ,
<br /> ; 3-17-1930 by I.E.L. T.F.Freeman 5/1�/30� Adell Louck� �sEaL� ,
<br /> � L�SSOR
<br /> Attest: �J.Q.�j't]'(�,Yi$11 �(j�p TEXAS PRODUCTION COMPANY, '
<br /> I Asa�stant`6'�c�'t�'�. $y A.R.�1180II
<br /> Vice President
<br /> LESSEE
<br /> STATE OF NEBRASKA, ) �'
<br /> � County of Adams j ss' ;
<br /> � On this 1,3t�1 day of February , is 3� , before me, a Notary Public, in and for said County, personally came the above named '
<br /> IGeo. B.LOt1C�8 and Adell Loueks , his wife, who are personally known to me to be the identical
<br /> � persons whose names are affixed to the above instrument as lessors, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> Witness my hand and Notarial Seal the date last aforesaid. QCtra,V£ LeB�.a.21f3
<br /> � �$�L� Notary Public.
<br /> �
<br /> �y commission expires Sept. 27�1,93�. f , . -
<br /> STATE OF COLORADO,
<br /> City and County of Denver, � ss� I
<br /> � On thia 20 da of �. 19 � before me a o �
<br /> y � , 3 , N ta Public, in and for said Count ersonall
<br /> . r'Y y, p y came the above named
<br /> A.����.1.BOA , Vice President and J.C.�UC�.21a11 Assistant Secretary of said Texas Production Company, wflo
<br /> are personally known to me to be the identical persons whose names are affixed to the abave instrument as Vice President and Aesistant Secretary of said
<br /> 'I corporation, and they acknowledged the instrument to be Lheir voluntary act and deed and the voluntary act and deed of said corporation.
<br /> Witness my hand and Notarial Seal the date last aforesaid. �SEf]'L, JOYlYI T.�3T8'�ir0�'1 'i
<br /> Notary Public.
<br /> �y GommSssion expires on the �� day of Octobez 18
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