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<br /> � —STATF,JQURNAI COMPANY,CINCOLY.NE8 . . . -__ .._... _ ..__._... ___ _._..� .__..... .. .-.__._._.—.__.__..�_..._
<br /> STATE OP NEBRASK�1,�
<br /> I From Hall Co2ant�, ss.
<br /> ± The National Life Insurance Company
<br /> (; I hereby ce�rti.f� that this instrumert wc�s f2Zed for record in m� office
<br /> ;' at 2;30 o'c1,ocic p 14i., August S 1933 , and is
<br /> �, du1,� recorded in book Q, page 1�2
<br /> �� ,�- �-u�u[�
<br /> I� � �'�'
<br /> Re ister o Deeds
<br /> �i 9 f
<br /> +i To B�
<br /> : Texas Production Company Deputy.
<br /> i� l�'ees,� 2.65
<br /> ; THE TEXAS co�.=PAhTY OIL AND GAS MINING LEASE �rBR xA � 0�_�12
<br /> � � ����? � �� J . N
<br /> �
<br /> �; An Agreement, entered into this 24th day of �j!a,y , is33 �; between
<br /> ;� The National Life Insurance Co�ipany
<br /> .�
<br /> ;, lessor (whether one or more), ri„nd TEXAS PRODUCTION COMPAl�,Aa o�rpora�ioxi�organized under the laws o��r�kf�asee.
<br /> i; 1. Lessor, in consideration of the sum of Twenty-�tYlO 8c jO��.00 Doilars ($ 22�5� ), in hand paid, of the royalties herein provided
<br /> and the 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 pipe lines, building tanks, storing oil and building powers, stationa, telephone lines
<br /> �; and other structures (including houses for employees) thereon, to produce, save, take care of, tireat and transport said products, the foilowing described
<br /> Ii land in Hall & Buffalo County, State of Nebraska, to-wit: `
<br /> � Lots and 4 and SE�NE4 Sec. 2�F, T.9 N. , R. 13 VG. , Buffalo Coun�y, 1�-5 acres, more or less,
<br /> ?; and N�Nr�� Sec. 19, T. 9 N. ,R.12 �T. ,Ha].1 County, �0 acres , more or less , a total of 225 acres
<br /> t� Nebraska.
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<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 "primax
<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 /> �' 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 /> � ;j to be delivered at the vvells 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 /> �V �; prUportion 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 /> �p�,1 �� the land o"r 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 /> ,i 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 /> I� offered for sale or transfer by lessor.
<br /> � l; 4. If drilling operations are not commenced on said land on or efo e on ear f this d te, this lease shall then terminake as to bo ies, unless
<br /> lessee shall pay or tender to lessor or to the credit of lessor in �on�r�ef i�er,�S ermon�t �at t he o f f i e e O� 1 e S��ch bank is
<br /> � � lessor's agent) the sum of Eleven and 2�/100 — — — — — — — — — — — — — — — — — — Dollars ($ � )
<br /> i (h e r e i n a f t e r c a l l e d "r e n t a l"), w h i c h s h a l l e x t e n d o r s i x m o n t h s t h e t i m e w i t h i n w h i c h d r i l l i n g o p e r a t i o n s m a y b e c o m m e n c e d. T h e r e t er2,�s e m i-a n n u a l l y, i n
<br /> like ma,nner, and upon like payments or tendera, the commencement of driliing operafcions 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 auch 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,
<br /> ' assigns or legal representatives of lessor. If euch 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 shall deliver to lessee an instrument in writing duly
<br /> (�, i executed and acknowledged, naming another bank as agent to receive such payments or tenders. The down cash payment is consideration for this lease
<br /> v I 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 ahall 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 sixty days thereafter or (if it be within the primary term) commences or resumes the payment or tender of rentals before the nest
<br /> �� 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
<br /> ithereafter 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 ali operations hereunder, and the royalty on oil
<br /> j and gas ahall be in the net quantity after deducting any so used for operatione. Lessee shall have the right at any time during or after the expiration of this lease to remove
<br /> �; a11 property and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by lessor, lesaee w1A bury all pipe lines below
<br /> i� 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. Leasor shall have the privilege,
<br /> at the risk and expensa of lessor, of making connection and ueing gas from any gas well on said land for stoves and inside lights in the principal dwelling on said land out
<br /> i of any surplus gas not needed for operations hereunder.
<br /> 7: The rights of either party under this lease may be aesigned in whole or in part and the provisions hereof ahall extend to the heirs, personal representatives, successors
<br /> �i ahd assigns, but no sale or assignment by lessor shall operate to enlarge the obligations or diminish the rights and privileges of lessee. 3hould lessee assign this lease in
<br /> !� whole or in part lessor ahall look aolely to the assignee for perforxnance of its terms as to the parts so assigned. No sale or assignmer�t by leasor �hall be binding on leasee
<br /> for any purpose until lessee shall be furnished with an instruxnent in writing evidencfng such sale or assignment. If lessee asaigns this lease in part, the obligation (if any
<br /> ( exists) to pay rentals ie apportioned as between the several owners ratably according to the aurface area of each, and default by one of them in the payment of rentals
<br /> { ahall not aYEect the validity of the lease on the portion of land upon which pro rata rentala are paid or tendered. "`
<br /> ( 8. Thia lease ahall never be forfefted, cancelled, or terminated for faflure by lessee to perform in whole or in part any of its implied obtfgations, nor while oil or gas is
<br /> being produced in paying quantities for any cause whatsoever, unless there shall firet be a final judicial ascertainxrxent that such obligation or cause exists and that lessee
<br /> is in default. Upon such final determination, lessee is hereby given a reaeonable time thereafter to comply with auch obligation, or, �t lessee's election, to surrender the
<br /> lease, with the option of reserving, under the terms oP this lease, each producing weil and ten acres surrounding it to be selected by lessee. Lesaee shall not be liable in
<br /> i damages for breach of any implied obligation.
<br /> 9. If sia or more persons be or become entitled to royalties hereunder, they sha11 by sufficfent written instrument designate some agent to receive payment for all,
<br /> and lesaee ahall not be required to make payment until such instrument 9s furniahed.
<br /> i 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 workmen, or failure of carriers to transport or furnish facllities for transportation or as a result of aome 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 auch delay or interruption shall not be counted againat lesaee, anything in this lease to
<br /> ii the contrary notwithstanding.
<br /> '� 11. Lessor 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 discharge
<br /> I, 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 such lien and interest all royalties or rentals accruing hereunder. If lessor owns an interest in said land less than the entire fee aimple estate,
<br /> then the royalties and rentals to be paid lessor ahail be reduced proportionately. Should the right or interest oT 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 aPfecting the term of the lease or the time for payihent of rentals or
<br /> royalties or for any other purpoae, and lessee may suspend all payments until there is a finai adjudication or other determination of such dispute.
<br /> IN WITNESS WHEREOF this instrument is executed on the date firat above written.
<br /> � ( CORP) National .Lif e Insurance Co. (SEAL)
<br /> f
<br /> � (SEAL� ° John M.Thomas, Vice President cs�L>
<br /> Elb`ert S.B� �q �. s
<br /> � �� Co ittee on �'�f�a°�'e
<br /> � Atteat: �T. C..HU.C�Tl�„1�. CORP TEXAS PRODUCTION COMPA ,�f�#�ras a . �
<br /> �SEAL� $y A.R.�'ilson
<br /> Assiatant Secretary. Vfce President I
<br /> LESSEE
<br /> � (APPRdVED AS TO
<br /> sTaTE oF Vermont (DESCRIPTION � DATA
<br /> county o� �12�hington � ss. / )
<br /> on this th aa of Ma H.A.St ev�art `
<br /> j y Y , 19 33 , before me,a 1 nty, persona.11y ca.me the above named
<br /> � � o s4i i2/a+fiono/Gif e Insu�ance Com�oariY
<br /> � TahnM The�rress, Vice Presiderlt andE/6�rtS-�3r��hom Mem6er�fComfii�ee,o�Fiaenc���ho are personally k owp�to me to be the i�enticai
<br /> Presrd tana�Me°mbc°ro,�Cn�nirt����on Fii�once o�soi Co�-�oo�ot/or7,
<br /> ! persons whose na�es�.r�e af�ed to .�e above instrument as ��t e,� and-�{i'ey-.-� ,: acknowl�dged th e, instrument to be th�ir voluntary act and deeds+n a� '
<br /> � fhe va!untA�y ac o� �e of Sai Gorporotion.
<br /> Witness my hand and Notafial Seal the date last aforesaid. �E�L L.Kendall ,
<br /> I � �
<br /> I Notary Public.
<br /> My commission expires on the �.�'tYl day of February , is 35 .
<br /> , STATE OF COLORADO,
<br />, City and County of Denver, �' ss.
<br /> �
<br /> � On this 27 day of July , 19 33 , before me, a Notary Public, in and for said County, personally came tHe above named '
<br /> 1 A.1''�.,j�l�.80I1 , Vice President �,nd J.C.Hudnall 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 as Vice President and Assistant Secretary of said
<br /> I corporation, and they acknowledged the instrument to be their voluntary act and deed and the voluntary act and deed of said co oration.
<br /> . x'P
<br /> � Witness my hand and Notarial Seal the date last aforesaid.
<br /> (SEAL) John T.N�stro
<br /> '� Notary Pub ic.
<br /> ' My commiasion expirea on the � da o� O c t b 19 �
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