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<br /> F�'oyTi STATE OF NEBPASIZA,� �
<br /> Hall County, � ss.
<br /> Gilmore R.Wiseman and wife
<br /> I hereb� ce�rtif� that this instrumervt uas filed for record in my office
<br /> at 9 o'cloc�� A.lY1•, November 12 19 �1 , and is �'
<br /> dub� reeorded in boolc Q pac�e 101 �
<br /> <-����-� �,��
<br /> Register of Deedg �
<br /> To B� �
<br /> �
<br /> Texas Y�roduction Coxnpany Deputy. �
<br /> I�'ees,� 2,7p �
<br /> x� �r�xAS cor."_PANY oI� pi�� �;�5 1�III�TII�TG LEASE �EB ea a1NBook��3 �
<br /> �. �?�� 3�.1 B��w��ii.N a�
<br /> An Agreement, entered into this ].2tYi day of A11�L1St � , �
<br /> GILMORE R.�VISEMAN and AUGUSTA T�ISEMAN, his wife
<br /> lessor (whether one or more), and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> 1. Lessor, in consideration of the sum of OIZG. D0112.TS ($ 1,�� )> in hand paid, of �he royalties herein provided
<br /> and Lhe 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 pige 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, treat and transport said products, the following described
<br /> lana in Hall County, State af Nebraska, to-wit:
<br /> The Southeast Quarter (SE�) of Section Thirty-two (32) in Township Ten (10) North of Range
<br /> Eleven (11) VPest of the Sixth (6th) Principal Meridian, containing One Hundred 3ixty (160)
<br /> acres,more or less.
<br /> 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") a.nd as Iong 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 /> 3. The royalties reserved by leseor, 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 vvells or to the credit of lesaor in the pipe line to which the wells may be connected, or, at the option of the leasee, from time to
<br /> time, the market price a,t the weils of such one-eighth on the day it is run to the pipe line or storage tanks, lessor's intereat in either case to bear its
<br /> proportion of any expense of treating unmerchantable oil to render it merchantabie as crude, and (b) on gas produced from 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
<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 rights from the lessor at the best bona fide price offered by responsible third parties when and if
<br /> offered for sale or tra,nsfer by lessor. �t��oYn-�� �tpl�
<br /> 4. If drilling operations are not commenced on said land on or before -�ia�, Tease sha11 then terminate oth arties, unless
<br /> lessee shall pay or tender to lessor or to the cred}t of lessor inFARMERS S ATE Bank at�00d R1VeT � ����a'��ch bank is
<br /> lessor's agent) the sum of E7.�71'� and 00/100 Dollars ($�`$`,(,1Q ) �
<br /> (hereina,fter cailed "rental"), w ich shall extend for six monthe the time within which drilling operationa may be commenced. Thereafter, semi-annually, 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 /> 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 ahall be binding on the successors,
<br /> assigns or legal representatives of lessor. If such bank (or any successor bank) shouid fail, liquidate or be succeeded by another bank, lessee shali aot
<br /> be held in default for failure to make such payments or tenders until thirty days after lessor shall deliver to lesaee an instrument in writing duly
<br /> executed and acknowledged, naming another bank �.s agent to receive such payments or tenders. The down cash payment is consideration for this lease
<br /> according to its terms and shail 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 ahall not be terminated thereby if leasee,
<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 G
<br /> operations within sixty days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentals before the next I
<br /> ensuing rental paying date. If at the expiration of Lhe 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 proaecuted, 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 /> 6. Lessee ahall have the free use of oil, gas, wood, coal and water from said land, except water from lessor'e wells, for all operations hereunder, and the royalty on oil
<br /> and gas shall 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 lessor, lesaee 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 lessor's con�ent. Lessor sha11 have the privilege,
<br /> at the risk and expense of lessor, of making connection and using gae from any gas well on said land for stoves and inside lighta in the principal dwelling on said laad out
<br /> of any surplus gas not needed for operations hereunder. •
<br /> 7. The rights of either party under this lease may be assigned in whole or in part and the proviaion8 hereof shall extend to the heirs, personal representatives, successora
<br /> and assigns, but no sale or assignment by lessor shall operate to enlarge the oUligations or diminiah the rights and priviteges of lessee. Should lessee assign this lease in
<br /> whole or in part lessor shall look solely to the assignee for perPormance of its terms as to the parts so assigned. No sale or assignment by lessor sha11 be binding on lessee
<br /> for any purpose until lessee shall be furnished with an instrument in writing evidencing such sale or assignment. If lessee assigns this lease in part, the obligation (iE any
<br /> exists) to pay rentals is apportioned as between the several owners ratably according to the surface area of each, and default by one oP them in the payment 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 shall never be Eorfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its implied obligations, nor while oil or gas ia
<br /> being produced in paying quantities for any cause whatsoever, unless there shall first be a final judicial ascertainn�ent that such obligation or cause exiata and that lessee
<br /> is in default. Upon such final determination, lessee is hereby given a reasonable time thereafter to comply �vith such obligation, or, at lessee's election, to surrender the
<br /> lease, with the option of reserving, under tho terms of this lease, each produeing well and ten acres surrounding rt to be selected by lessee. Leasee sha11 not be liable in
<br /> daxnagea for breach of any implied obligation. `
<br /> 9. If six or more peraons be or become entitled to royalties hereunder, they shall by sufficient written instrument designate some agent to receive payment Por a11,
<br /> and lessee ahall not be required to make payment until such instrument is furnished.
<br /> 10. �Vhen drilling or other operationa are delayed or interrupted by lack oP water, labor or material, or by fire, storm, flood, war, rebellion, insurrection, riot, atrike,
<br /> differences with worlcmen, or faiiure of carriers to transport or furnish facilities for transportation or as a result of aome order, requisition or necesaity of the government,
<br /> or as the result of any cause w Qv r beyo d the co rol o the ssee, the tlm of su h de�y or in erru tip���o��counte�again�stL lessee, h n� 's leaae t�o
<br /> the contrary notwithstanding.l,/oq�����¢"'%�4� �/��°""`�q:����-�L :•���N�u��� �� s`
<br /> L83°�Y-"2�id` L�d t�`�9 �.�c/aLL� nt6f�e.�<�` �-C Z.�`.a��a.t�¢e.l�, m%G�y=�e�.-
<br /> 11. Leasor hereby warran afici agrees o e n e tit to said I and agr�es�haE lessee, at les ee's option (but with da� ansyduty to do so), may pay an� discharge
<br /> ariy taxes, mortgages or other liens upon said land, and in that event lessee shall be ttubrogated to such lien, with full right to enforce the same, and in addition thereto may
<br /> retain for the satisfaction of such lien and interest all royalties or rentals accruing hereunder. It lesaor owna an interest in said land less than the entire fee simple eatate,
<br /> then the royalties and rentals to be paid lessor ahall be reduced proportionately, Should the right or interest of lessee hereunder be disputed by leasor, or any other peraon,
<br /> the time covered by the pendency of such dispute sha,li not be counted against lessee either as affecting the term of the lease or the time for payment of rentals or
<br /> royalties or for any other purpose, and lessee may suspend all payments until there ia a finai adjudication or other determinatfon of such dispute.
<br /> IN WITNESS WHEREOF this instrument fs executed on the date first above�vritten. � � '
<br /> Witness: ( Augusta Wiseman (SEAL)
<br /> E.B.Persson to - - - - - - - - - - - �- - - - - - - - ( Gilmore R.Wiseman �S�>
<br /> L�SSOR
<br /> Attest: J.(�"'.Hudnall (COFtP) TEXAS PF`i3ODUCTION COMPIINY,
<br /> ( pT' $y A.R.�Pilson
<br /> .9.s�Eta`t�Secretary. Vice President
<br /> APPROVED AS TO D�SC�.IPTIQN & DATA N.�, gtev�art. LESS�
<br /> STATE OF NEBRASKA,
<br /> � ss.
<br /> County o� He.11 )
<br /> On this 1�j day of AU�1l.S t , 19 31 , before me, a Notary Public, in and for said County, pereonally came the above named
<br /> Gilmoxe R.V7i sernan and Au�usta �Vi seman , his wife, who are peraonally known to me to be the identical
<br /> persons whose names are affixed to the above instrument as lessors, and they each acknowledged said instrument to be their voluntary act and deed.
<br /> i
<br /> Witness my hand and Notarial Seal the date last aforesaid. E.B.Persson
<br /> �S EA L� Notary Pubtic.
<br /> My cornmission expires on the 6 day of Febr. , lg 32 .
<br /> STATE OF COLORADO,
<br /> g Ss.
<br /> City and County of Denver,
<br /> On this �$� day of AU�Ug t , 19 �1 , before me, a Notary Public, in and for said County,personally came the above named
<br /> A.R.Wi 1 son , Vice President and �. Ci.HLldTla.l1 Assistant aecretary of said Texas Production Company, who
<br /> are personally known to me to be tha identical persons whose names are r�€fixed 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 volunta,ry act and deed of said corporation.
<br /> Witness my hand and Notarial Seal the date last aforesaid. ej0�121 `�.Nystrom
<br /> (S E A L) xotasy Pubiic.
<br /> My commission expires on the O day oP O C t OlJ e T , 19 ..
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