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. ____. .. . . . . . . . . . . . � <br /> j <br />. <br /> �.�o <br /> �` ��►����J��J��vJ��/'J�.J� Z.51�������J �� � �� <br />._.. -STATE JOURNAL COMPANY,LINCOLN.NEB � -� -� �� �� � -� ���� � �� �-� ��-�� -� - ��� -�--�--�--- --- <br /> i STATE OI�' NEBRA,S`KA,� <br /> �i FYOm Hall County, ss. , <br /> � I hereby ce�l•tify that this instrumer��t was fzled for reco�•d in my office <br /> Frank B. Campbell et als . , � <br /> at g,30 o c1,oc7c �l�1., �a.x Ch 9, 19 �1 , and is <br /> c�ui.� recorded in book GZ page 100 <br /> � �_.���ti°C � <br /> ; <br /> Re�i�of Deeds <br /> To B"'/ <br /> , Texas Production Company Deputy. <br /> _ _ I�'ees,$ 2.75 <br /> ; N—�7b !� <br /> '�xP�Ta�ion' ok OIL AND GAS MINI�TCi LEA �ease No. <br /> �jntal Book <br /> '9�2� �'���Agr�ement,��n�ered into this 1� da of : _ 9/20 Z93� By J� .N. <br /> __ y Mar ch , 19 �Q , between <br /> �Frank B. Campbell and Upal I Campbell his �ife; Alda Nebraska, �obert V.Campbell and D�ar�aret , <br /> �L. Caxnpbell, his �if e; Oentral City, Nebx, <br /> lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee. <br /> t 1. Lessor, in consideration of the sum of Th3.rty 0216 Dollars {$ �],�40 ), in hand paid, of �he royaltiea herein provided <br /> and the agreements of lessee herein contained, hereby granta, leases and lets exclusively unto essee, 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 powera, stations, telephone lines <br /> �, and other structures (including houses for employees) thereon, to produce, save, take care of, Lreat and transport said products, the foliowing described <br />' �; land in H��- County, State of Nebraska, to-wit: <br /> �:the north wes� quarter; �.nd �ainland lots 1, 2, and Island Lots 3 and �, of Section 9, to�nshi <br /> �10 north r�.n�e 10 west and containing in �.11 314 acres more or Iess. <br /> � <br /> �' � <br /> . ; <br /> � <br /> � <br />' 2. Subject to the other provisions herein contained, thie lease shall rema.ia in force for a term of ten years from this date (hereinafter called "primary <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 /> I � 3. The royalties reaerved 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 /> proportion of any expense of treating unmerchantable oil to render it merchantable as crude, and (b) on gas produced from said land and eold 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 /> 1 reo h o - <br /> if and when leasee shall sell as at the wel s lessor's ro alt the n s all be ne ei hth of the amount realiz d fro <br /> e m such sales. Leasee is hereb iven th <br /> ' g Y Y g Y g e <br /> i option of purchasing all or any part of said royalty righta 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 /> � 4. If driiling operations are not commenced on said land on o 1�efore ox�� ga�' fro�,this date, thia lease shall then terminate as tQ� h ar 'es, unless <br /> lessee ahall pay or tender to s or or to the gredit les�s or in �1r8'ti N�TilOTla.l Bank at Grand Island,•'e���ank fs <br /> lesaor's agent) the sum of ���teen anQ '�j��1�U Dollars ($,�,��CQ ) <br /> I Ehereinafter called rentai' ), which shall extend for six months the time within which driIling operations may be commenced. Thereafter, semi-annua.11y, in <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 /> I primary term. The payments or tenders of rental may be made by tlze check or draft of lessee mailed vr 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 aha1l be binding on the successors, <br /> \ �, assigns or legal representatives of lessor. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, lesaee shall not <br /> `�' be held in default for failure to make such payments or tenders until thirty days after lessor shall deliver to lessee au instrument in writing duly <br /> j executed and acknowledged, naming another bank as agent to receive such payments or tenders. Tfle 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 Iessee should driI1 a dry hole or holes thereon,tIus lease sha11 not be terminated thereby if lessee, <br /> � before the next ensuing rental paying date, commences further driiling operations or commences or resumes the payment or tender of rentals. If after the <br /> discovery of oil or gas the production thereof shouid cease from any cause, this lease shall not be terminated thereby ifleasee commences additional drilling <br /> operations within sixty days thereafter or (if it be within the primary term) commences or resumea the payment or tender of rentals before the ne$t <br /> � ensuing rental paying date. If at the expiration of the primary term oil or gas is ttot being produced on said land but leasee is then engaged in drilling <br /> ioperations 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 /> therea,fter as oil or gas is or can Ue produced from any well on said land. <br /> VY� i 6. Lessee shail have the free use oP oil, gas, v�¢�,'t�c1p� and water from said land, except water from lessor'a wells, for all operations hereunder, and the royalty on oii <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 of this lease to remove <br /> � all property and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by lesaor, lessee wiil bury ali 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 leasor'a consent. Lesaor ahaIl have the privilege, <br /> at the risk and expense of lessor, of ma,king connection and uefng gas from any gas well on said land for stoves and inside lights in the principal dwelling on said land out <br /> ; of any aurplus gas not needed for operations hereunder. <br /> i Z The rights of either party under this lease may be assigned in whole or in part and the provisions hereof shali extend to the heirs, personal representatives, successors <br /> � ahd assigns, but no sale or assignment by lessor ahali operate to enlarge the obiigations or diminiah the rights and privileges of leasee. Should leesee asaign this lease in <br /> � whole or in part lesaor sha,ll look aolely to the asaignee for performance of its terxns as to the parts so assigned. No sale or assignment by leesor �hall be binding on lessee <br /> � for any purpose until lessee shall be furnished with an instruxnent in writing evidencing such sale or assignment. If lessee assigns this lease in part, the obiigation (if any <br /> + exists) to pay rentals is apportioned as between the aeveral owners ratably according to the surface area of each, and default by one of them in the payment of rentals <br /> ahall not aYfect the ralidity of the lease on the portion of land upon which pro rata rentals are paid or tendered. <br /> 8. This lease ahall neper be forfeited, cancelled, or terminated for faflure by lessee to perfornt in whole or in part any of its implied obligations, nor while oii or gas is <br /> � being produced ip, paying quantities for any cause whatsoever, unleas there ahall first be' a final judicial ascertaimr�ent that such obligat#om or cause exists and that lessee <br /> � <br /> � fs fn defaulY. Upon auch final determination, lessee is hereby given a reasonable time thereafter to comply with such obligation, or, at lessee's election, to aurrendeT the <br /> lease, with the option of reserving, under the terms of this lease, each producing well and ten acres aurrounding it to be aelected by lesaee. Leasee sha11 not be liable in <br /> damages for breach of any implied obligation. <br /> ! 9. If sis or more persons be or become entitled to royalties hereunder, they shaii by sufficient wrftten lnstrument designate aome agent to recelve payment for all, <br />'I and lessee shall not be required to make payment until such instrument ia furnished. <br /> 10. When drilling or other operations are delayed or interrupted by lack of water, labofi or material, or by fire, storm, flood, war, rebellion, inaurrection, riot, strike, <br /> differences with workmen, or faflure of carriers to transport or furnish fac3lities for transportation ar as a result of some order, requisitfon or neceasity of the government, <br />� or as the reault of any cause whatsoever beyond the control of the lessee, the time of such delay or interruption shall not be eounted against lessee, anything in this lease to <br /> � ; the contrary notwithstanaing. pq��,�d �n 1�8,� tj.••2�-1��0 b�r Litz <br /> 11. Leasor hereby warrants anc��agreea o de end ffie tle to sa lan d ag es that leasee, at lessee's option (but without any duty to do so), may pay and discharge <br /> y ariy taxes, mortgages or other liens 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 satisfaction of auch lien and interest all royalties or rentals accruing hereunder. If lessor owns an interest in said land less than the entire fee simple estate, <br /> � then the royalties and rentaIs to be paid lessor ahall be reduced proportionately. Should the right or interest of Iessee hereunder'be dibputed by 2essor, or any other person, <br /> I i fhe time covered by the pendency of such dispute ahall not be counted against lessee either as affecting tke term of the lease or the time for payment oE rentals or - <br /> � royalties or for any other purpoae, and lessee may suapend all payments untii there is a final adjudication oT other determination of auch dispute. ._ <br /> ' IN WTTNESS WHEftEOF this instrument is exec d o t d e first a ov its� �,"�.n� $ C' 1't1 �jEl1 8,], I. 8 p e11 F��� � <br /> IAP'�ROVEA AS TO D�SC�IPTION & nATA��� �•��E��r'� ���?1 �ober� �'.�a�rpbell �rgare� �.�a A1 <br /> Attest: J.C.Hue3nall,AssistAnt �ecreta.r C4RP TEg� p�p T p N ���� � <br /> y �SEAL� �-Sy.A:-RD��I.son,�ice`�'Pre�aident • <br /> �ST�TE OF N�'BRASKA ) p L��S E <br /> ;GOtI1�TY 0�' �ERRICK s� n ���� 9�h da f A s 19 Q, .before m , a Nota P b1i c, in anci fci �id <br /> ) Countq, person�I�y eai�'e �he �bvv� -named �obert V.��mp�ell and� �a,rgare� �. <br /> ;C��bel�l hi� wife: whq a e�ex�onal�y k�no�n to m rt� be �he �idQn�i�al per c�n� w ose n�m�s �re <br /> ��� xe to l�e above ns en as es c�xs , a�d ��.e eac ac n w ea�ed sa ns u�nen � o e t�eir <br /> volun�ar y act and dee�d. �xNESS m y han an�. notaria sea the cta e I�s t ,a� r a�� . _ <br /> i M y c°m m i s s_i o n e x p i r e s o n t�i e 2 3 r d d a y o f J a n u a�y'.�1 9�3.• (S E A L) _ �a��e r �.R a e e k e,l P$u� �e <br /> 8TATE. 4�' �EBRASRA )�s On this 14 day of arc , 0, e ore are, a Notar Public in, and for sa�d <br /> 'COU�'�Y.4F HALL .�. County, personally ,came t e abpv� �-n�e�.•.�'ran�_:B:.�an�b:ell� and� Qp.a�I I�C�mpbell <br /> lhis wif e, r�ho �re personal2q known to me to be the identi�al ;�er:e4�s ;w�o.se. z�ames, -�re ,af�i�.d;<.td the <br /> �above 3,nstrument as l�e�eors , . and �Y�ey �e�ch ackno�led.�ed said :instru�.ent':�o. ,be--t4he��r. va�,un��.rq ct <br /> land de.ed, � _,: _ � . , . _ , : . <br /> R.R. I ie <br /> Witne�s my hand and Notarial � al the date last a,�oresaid. (BEAL) �4�a�q_. �blic <br /> � <br /> My co;mmi;s�ion _expires� on the 1� day of �da,rch, 193�j., _ . <br /> ; STATE OF COLORADO, ' <br /> � ss. � <br /> City and County of Denver, <br /> I On thfs 5 day of February , 19 31. , before me, a Notary Public, in and for said Cqunty, personally came the above named <br /> 14.�.�Pilson , Vice President and �j.(,�.$u�8,],], Assistant 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 r�s Vice President and Assistant Secretary of said <br /> corporation, and they acknowledged the instrument to be their voluntary act and deeci and the voluntary act and deed of said corporation. <br /> Witness my hand and Notariai Seal the date last aforesaid. sEAL <br /> � ) John T.l�pystrom <br /> j Notary ublic. <br /> M commission ex ires on the '�j� day of Q�tp��?r• 19 <br /> ( <br /> , <br /> _ _,� _ <br />