|
��4
<br /> �������������� ��"���� �� ,� �'9' '
<br /> �' �
<br /> . _._._. � .—:eTtSTE_I�STHL�AL�C9N�P.ANY.LiNCOCN,:NEH .. _ ..:— .. .__.. _ .._._._... _.__... ..._.'_ ..._.__.__..�..__.._.__._..—,_.
<br /> STATE OP NEBPA��ICA,� i
<br /> From Hall Coicnty, s�' ,,
<br /> I
<br /> �
<br /> � George A.Randecker, widower I hereby certi.fy th-at this instrumer��t -u;as filed for record in my office
<br /> 'i cct �j o'cl,ocic P. �i., OCt. 31 19�j� , and is
<br /> Idul� 7•eco�•ded in book (a pa�e 10�- /J� �
<br /> t ` ``�j�
<br /> �� Register oI� f D'eeds �
<br /> By
<br /> .i T° ,�
<br /> � Texas Production Company veputy.
<br /> � I+'ees,� 2.70
<br /> THE TEXAS COMPANY pIL AND GAS MINING ����E �°°� ,�'
<br /> ����y�Jh
<br /> �,oj.-��%_/�
<br /> ' 20th Se tember �` 4
<br /> ; An Agreement, entered into this day of P �,,,�,d, is3 , between
<br /> i
<br /> , George A.Randecker , a s�idower
<br /> Of Nebraska . N�a,-as �, �
<br /> ; lessor (whether one or more), and TEXAS PRODUCTION COMPANY', a corporation organized under the laws of G�, lessee.
<br /> � 1. Lessor, in consideration of the sum o���enty � �6 J108 Dollars ($ 20.�6 ), in hand paid, of the royalties herein provided
<br /> and the agreements of lessee herein contained, hereby grants, leases and lets exclttsively unto lessee, for the purpose of testing by any method for formations
<br /> iand 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 atructures (including houses for employees) thereon, to produce, save, take care of, Lreat �}�;d trans ort said products, the following described '
<br /> ; and in Hal�- County, State of Nebraska, to-wit: i+Ot 8 1.� 2 � � 8,23(3 '+ OIl �sland; aTiC�. LO�8 1.� 2� 3 an
<br /> i � on Mainland, exceptin� , however, a pareel of land containing one hundred and a fractionaZ
<br /> � acres off and along the North side of Lots 1, 2, 3 and � on Mainland in Sec. 17 , T.9 N. , R.1 2
<br /> i descri.bed as follows: Beginning at the Northwest ��rner of said See. 17, running thence east
<br /> �1 �o its northeast corner fifty-three hundxed and nine ��309) feet; thence 3outh along its Eaet
<br /> I line 43� feet; thence in a Southwesterly direction to a point in its west line which lies
<br /> iI203 feet South of the place of begi.nning; thence North 1203 feet to said plaee a� beginning
<br /> (which one hundred and a fractional acres have heretofore been conveyed by Nox�. E. Cruml.ey an
<br /> 1 husband Oran H. to Geoxge and Henry Mattison) , all in Sec. 17, T.9 N. , R. 12 W. of the 6th
<br /> i P.�.and said mortgaged lands and premises containing 20�.64 acres.
<br /> i � 2. Subject to the other provisions herein contained, this lease shalI rema,in 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 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 /> f 3. The royalties reserved by lessor, and which ahall be paid by lessee, are (a) on oil, one-eighth of that produced and eaved from said land, the same
<br /> I ( 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 prfce a,t the wells 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 /> i proportion of any expense of treating unmerchantable oil to render it merchantable as crude, and (b) on gas produced from said land and sold or used off
<br /> I 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 ahall sell gas at the wells lessor's royalty thereon ahall be one-eighth of the amount realized from such sales. Lessee is hereby given the
<br /> ioption oi` 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 transfer by lessor.
<br /> f 4. If driliing operations are not commenced on said land on or before one year from this date, this lease shall then,terminatg as to both parties, unless
<br /> � ' lessee aha11 pay or tender to lessor or to t�e predit of lessor in F3,r�t,_$t8,'tL'_ � _ _ _ ` Bank at ��1E;�.L@Tl��G'pr�}8�� (which bank is
<br /> lessor's agent) the sum of `,('e71 and 4�/100 — — Dollars ($�.V )
<br /> � '� (hereinafter called "rental"), which shall extend for six months 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 aix months during the �
<br /> primary term. The payments or tenders of rental may be made by the check or draft of lessee mailed or delivered to said bank on or before such date '
<br /> oP 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 shali be binding on the successors,
<br /> assigns or legal representatives of lessor. If such bank (or any auccesaor bank) should fail, liquidate or be succeeded by another ba,nk, 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 /> � iexecuted and acknowledged, naming another bank as agent to receive auch payments or tenders. The 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 /> ,N ! 5. If prior to the discovery of oil or gas on said land lessee ahould drill a dry hole or holes thereon,this lease shall 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 shail not be terminated thereby if lessee commences additional drilling
<br /> o erations within sixty da s thereafter or (if it be within the prima term commences or resumes the a ent or tender of rentals before the next
<br /> P Y t'3' )
<br /> P Ym
<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 dri2ling operations are prosecuted, and, if they result ut the pro@uction of oit 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 ail operations hereunder, and the royalty on oii
<br /> � and gae shall be in the net quantity after deducting any so used for operations. Lessee ahall have the right at any time during or after the expiration of this lease to remove '
<br /> • � ali property and fixtures placed by lesaee on said land, including the right to draw and remove ali casing. When required by lessor, lessee will bury a11 pipe lines below
<br /> ordinary plow depth, and no well ahall be drilled within two hundred feet of any residence or barn now on said land without lesaor's conseht. Lesaor ahall have tkie privilege,
<br /> � at the riek and expen�se of lessor, of making connection and using gas from any gas well on said land for stoves and inside lighta in the pr3ncipal dwelling on said land out
<br /> i of any surplus gas not needed for operations hereunder.
<br /> I 7. The rights of either party under this lease may be assfgned in whole or in part and the provisions hereoY shali extend to the heirs, peraonal representatives, auccessors
<br /> ahd assigns, but no sale or assignment by leasor shall operate to en2arge the obligatfons or dimin4sh the rights and priv3legea of lesaee. Should lessee assfgn this lease in
<br /> whole or in part lesaor shall look solely to the asaignee for performance of its terms as to the parts so assigned. No sale ar assigmnent by lesaor ehall be binding on lessee
<br /> For any purpose until lessee shall be furniahed with an instrument in writing evidencing such sale or assignment. If lessee assigns thfs lease in part, the obligation (if any
<br /> exigta) to pay rentals is appoitioned as between the several owners ratably according to the surface area of each, and default by one of them in the payment of rentais
<br /> � aha11 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 ahaii never be forfeited, caneet2ed, or terminated for fuilure by tessee to perform in whole or fn part any of fts Implied obtigatIons, nor While oiI or gas is
<br /> � being produced in paying quantities for any cauae whataoever, unless there shall first be a final judicial aecertainrnent that such obligatton or cause exists and that lessee
<br /> is fn default. Upon such final deterxnination, lessee is hereby givett a reasonable time thereafter to comply with such obligation, or, at leasee's election, to surrender the
<br /> lease, with the option of reserving, under the terms of this lease, each producing weil and ten acrea aurrounding it to be selected by lessee. Lessee aha11 not be liable in
<br /> � damages for breach of any implied obligation.
<br /> �� 9. If six or more persons be or become entitIed to royalties hereunder, they ahall by sufficient written instrument designate some agent to receive payment Por ail,
<br /> and lessee shall not be required to make payment until auch instrument is furniahed.
<br /> 10. When drilling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, storm, flood, war, rebeliion, insurrection, riot, strike, .
<br /> differences with workxnen, or failure of carriers to transport or furnish facilitiea for transportation or as a result of some order, requisition or necesaity of the government,
<br /> or ae the result of any cause whataoever beyond the control of the lessee, the time of such delay or interruption ahall not be counted against lesaee, anything in this leaae to
<br /> 1 the contrary notwithstanding.
<br /> I 11. Lessor hereby warrants and agrees to defend the title to said land and agreea that iessee, at lessee's option (but without any duty to do so), may pay and discharge
<br /> � 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 intereat all royalties or rentals accruing hereunder. If leasor owns an interest fn said iand less than the entire fee simple eatate,
<br /> lhen Yhe royalties and rentals to be paid leasor shall be reduced proportionately. Should the right or interest of lessee hereunder be disputed by lesaor, or any other person,
<br /> !+ the time covered by the pendency oi such dispute ahall not be counted against lessee either as affecting the term oi the lease or the time for payment of rentals or
<br /> royalties or for any other purpose, and lessee may suspend a11 payments until there is a final adjudication or other determination of such dispute. '
<br /> I IN WITNESS WI3EREOF this instrument is executed on the ate first above written. �
<br /> , �APPROVED. AS TO DESCRIPTION) G�orge A.Randecker �s�L�
<br /> � & DAT� H.A.STE�"�AR'� )
<br /> j . cs�aL>
<br /> � Att�st: J .C:Hudnall � LFSSOR
<br /> CORP TEXAS PRODUCTION COMPANY> OF NEBRASKA
<br /> I - � SEAL sy A.R.Wilson .
<br /> Assistant Secretary. Vice President
<br /> LESSEE s
<br /> STATE OF NEBRASKA;
<br /> � ss. .
<br /> County of $�f a,],O
<br /> On this 3� day of October , i9 31+ , before me, a Notary Public, in and for said County, personally came the above named
<br /> � G e o rg e A.Ran d e ek e r �" ;�a-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 voituitary act and deed.
<br /> �� Witness my hand and Notarial Seal the date last aforesaid. (gEAL) C. Ci.Re ed
<br /> Notary Public.
<br /> My comruission expires on the l�th day of January � 19 37 ,
<br /> �',� STATE OF COLORADO, "
<br /> � City and County of Denver, � s��
<br /> ,� on r�ls Octob er
<br /> 9 day of� , is 34 , before me, a Notary Public, in and for said County, pereonally cam��,he��,�v��n�eti
<br /> ' .A.R.�l�,SOIl , Vice President and e7.�'+.HliC�71a�.1. Assistant Secretary of said Texas Production G�ompany,^who
<br /> i are personally kttown to me to be the identical persons whose names are affixed 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 voluntary act and deed of said corporation.
<br /> j Witness my hand and Notarial Seal the date last aforesaid. � S'G'AL� JOYlY1 Z'.Nystrom
<br /> Notary Public.
<br /> M commfssion ex ires on the 2� da of Oetober 19
<br /> I
<br /> ; �
<br />
|