Q-103 - Laserfiche WebLink

Browse

- - � � - �� ( �� .03;. ��J�j��1�1�VJ��J�� J .wl�.J�� W From � ST�TE OF NEBR�.SIZA, S� Ilall County, � E�ther F.G�d80Y1 I liereb� certif� ticat tlais instrzcmer�t was filed for record in my offiCe at 3 o'ctoc�c P. Di., July 25� . 1934 , and is duly �°ecorded 2n book n Q� page 103 �?J' d �\.��-euol �J/'`'`�� Idegister of Deed To B� �,� Texas �rod.uct�on Company veputy. I�'ees,� 2.6 �_ ' -. � �xE ��xas co�ArrY -�� OIL A.ND GAS 1l�II�TI�1G LE�.SE Re a�se boak� � ��-� y � � g�� -- ��O ��3.1 '`.; between ' An Agreement, entered into this �.�j day o� April 1�34� , Esther F.Gideon qf Nebraeka Nebraska lessor (whether one or more), and TEXAS PRODZTCTION CO/MPANY,�a corporation organized under the laws of Cvlerado, lessee. 1. Lessor, in consideration of the sum af�I16 �e �Q{�.�0 Doilars ($ 1.QQ ), in hand paid, of Che royalties herein provided and the agreements of lessee herein conta.ined, hereby grants, leases and lets exclusively unto lessee, for the purpose of testing by any method for formations and prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powers, stations, telephone lines and other structures (including houses for employees) thereon, to produce, save, take care of, Lreat and traneport said products, the following described � land in HSl.l County, State of Nebraska, to-wit: $outhwest Quarter (S�i�) and Mainland Lots Three (j) and Five (5) of Section �'our (4), Township Nine (9) North, Range Ten (10) Yiest, o�ntaining in all 224 acres, more or less. 2. Subject to Lhe other provisions herein contained, this lease shall remain in force for a term of ten years from this date (hereinafter called "primars► term") and ae long thereafter as either oil or gas is or can be produced from any well on said land; however, leasee at any time may release this lease in whole or in part. 3. The royaltie� reserved by lessor, and which sha,ll be paid by lessee, are (a) on oii, one-eighth of that produced and saved from said land, the same to be delivered at the wells or to the credit of lessor in the pipe line to whieh the wells may be connected, or, at the option of the lessee, from time to time, the market price �t the wells of such one-eighth on the day it is run to the pipe line or storage tanks, lessor's interest in either case to bear its proportion of any expense of treating unmerchantabie oil to render it merchantable as crude, and (b) on gas produced from said land and aold or used off the land or in the manufacture of gasoline, inciud'ang casinghead gas, the market price at the weil of one-eighth of the gas so sold or used, provided that if and when lessee shall sell gas at the wells lessor's royalty thereon shall be one-eighth of the amount realized from such sales. Lessee is hereby given the option of purchasing all or any part of said royalty rights from the lessor at the best. bona fide price offered by reaponsible thfrd parties when and if offered for sale or transfer by lessor. 4. If drilling operations are not commenced on said land on or before one ear from this date, this lease shall then terminate as to both parties, unless leasee shall pay or tender to lessor or to the cred't f lessor in First Na��..BSTlk B� atGrand Island @ (which bank is lessor's agent) the sum of �leven �Tlf�.. G��O � — — — � " '� — — — — — " — — — " Dollara ($ i�,�� ) (hereinafter cailed "rental"), which �ha,ll extend for six montha the time within which drilling operations may be commenced. Thereafter, semi-annually, in ' like manner, and upon like payments or tenders, the commencement oF drilling operaicions may be further deferred €ur periods of six months during the primary term. The payments or tenders of rental may be made by the check or draft of lessee maaled or delivered to said bank on or before auch date of payment. Drillflng operations hereunder shall be deemed to be commenced when the first material is placed on the ground. Notwithstanding any devolu- tion, change or division in Lhe ownership of said land, the payments or tenders of. rentalin the manner herein provided shall be binding on the successors, 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 be heid in default for failure to make such payments or tenders until thirty days a.fter lessor �hall deliver to lessee an instrument in writing duly executed and acknowledged, naming another bank as agent to receive such payments or tenders. The down cash payment is consideration for this lease according to its terms and shail not be alocated as mere rental for a period. � 5. If prior to the discavery of oil or gas on said land leasee should drill a dry hole or holes thereon, this lease shall not be terminated thereby if lessee, before the next ensuing rental paying date, commences further drilling operations or commences or resumes the payment or tender of rentais. If after the discovery of oil or gas the production thereof should cease from any cause, this lease shall not be terminated thereby if lesaee commences additional drilling operations within sixty days thereafter or (if it be wiLhin the primary term) commences or resumes the payment or tender of rentals before the next 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' operations thereon, the lease shali remain in force so long as drillin� operations are prosecuted, and, if they result in the production of oil or gas, so long thereafter as oil or g�s is or can be produced from any well on said land. 6. Lessee shall have tho 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 and gas shall be in the net quantity after deducting any so used for opeaations. Lessee shall have the right at any time during or after the expiration of this lease to remove all property and fixtures placed by lessee on said land, inciuding the right to draw and remove all casing. When required by lessor, lessee will bury all pipe linea below ordinary plow depth, and no well shall be drilled within two hundred feet of any residence or barn now on said land without les3or's consent. Lessor aha11 have the privilege, at the risk and expense of lessor, of malung connection and using gas from any gas well on said land for �toves and inside lights in the principal dwelling on said land out of any surplus gas not needed for operations hereunder. 7. The rights of either party under this lease may be assigned in whole or in part and the provisions hereof shall estend to the heirg, personal representatives, successors and assigns, but no sale or asaignment by lessor shall operate to enlarge the obligatione or diminish the rights and privileges of lessee. Should lesaee assign this lease in whole or in part lessor shall look solely to the assignee for performance of its terms as to the parts eo Assigned. No sale or assignment by lessor shali be binding on lesaee for any purpose until lessee shall be furnished wtth an instrument in writing evidencing such sale or assignment. If lessee aseigns this lease in part, the obligation (i! any exists) to pay rentals is apportioned as between the several owners ratably according to tho surface area of each, and default by one of them fn the payment of rentals � ahall not affect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered. 8. This lease ahall never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its implied_obiigations, nor while oil or gas is being produced in paying quantities for any cause whatsoever, unless there shall first be a final judicial ascertainrnent that such obligation or cause exists and that lessee is in default. Upon auch final determination, lessee is hereby given a reasonable time thereafter to comply with such obiigation, or, at lessee's election, to surrender the lease, with the option of reaerving, under the terms of this lease, each producing well and ten acres aurrounding it to be selected by lessee. Lessee ahall not be liable in damages for breach of any implied obligation. 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 ior all, ' and lessee shall not be required to make payment until such instrument is furnished. 30. 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, difPerences with workmen, or failure of carriera to transport or furnish facilities for transportation or as a result of some order, requiaition or neceasity oE the government, or as the result of any cau�e whatsoever beyond the control oP the lessee, the time of such delay or interruption shall not be counted against lessee, anything in this lease to the contrary notwithstanding. 11. Lessor hereby warrants and agrees to defend the title to said land and agrees that ]essee, at lessee's option (but without anY duty to do so), may pay and discharge ariy ttuces, mortgages or other liene upon said land, and in that event lessee shall be aubrogated to such lien, with full right to enforce the same, and in addition triereto may 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, then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest oL lessee hereunder be disputed by lesaor, or any other person, the time covered by the pendency of such dispute shall not be counted against lessee either as affecting the term of the lease or the time for payment oE rentals or royalties or for any other purpose, and lessee may suspend all payments until there is a final adjudication or other determins�tion of such dispute. IN WITNESS WHEREOF this instrument is executed on the date first above written. �e�her �.Gideon Ni tnes s: Co R,o) tsEAL> Thomas B'r ahm �S ER�) cs�L� z�ssoR Attest: TEXAS PRODUCTION COMPANY, o f /1�ebr4s�a J.C.Hudnal l By A.�{.�pil son, Assistant Secretary. Vice President � A�' LESSEE VED A9 DESCRIPTION STATE OF NEERASKA, C & DATA'i S5. County of � ,�„qi'i 8W8,T'fi On this 13tM aay of pril , 19 , e ore me, a Notary Public, in and for s&i$d County, personally came the above named Esth er F.�@OII �— �g �_ , rii�?!�, who—�e personaI�y�iown to me to be the identical person& whose nam�, affixed to the above instrument as lessor.!, and &�$@Cacknowledged said instrument to be�l� voluntary act and deed. VVitness my hand and Notarial Seai the date last aforesaid. �.S.Piokens Notary Public. • My commission expires on the 6�+�1 day of �eb�� , 194� • STATE OF COLORADO, � ss. City and County of Denver, On this 21 day of �ay , 19 3�' , before me, a Notary Public, in and for said County, peraonally came the aboce named /�.R.��.�.$DIl , Vice President and J. C.xuC�21811 Assistant Secrei,ary of said Texas Production Company, who ' are personally known to me to be the identical persons v�hose names are affixed to the above instrument as Vice President and Assistant Secretary oE sa3d ' corporation, and they acknowledged the instrument to be their voluntary act and deed and the voluntary act and deEd of said corporation. Witness my hand and Notarial Seal the date la.st aforesaid. �s�AL� JOY111 �.�q8'�TO Notary PubHc. ` My commission expires on the 26 day oP �CtO�JQ , 19 3 i