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<br /> _�_.,_'_- ='`STATE70D1iN'A____.__.. .. .
<br /> STfl.TE OF NEBRASSA,�
<br /> From ss.
<br /> � � Hall CozcaitJ,
<br /> W.A.Zeiner and Harry J.Zeiner, I 7ereb� certify that this instrumer�t u;as filed for record in my office
<br /> �t ���5 o'c1,ncic A. ��., De c ember 2� ls 35 , and is
<br /> dul� reeorded in booTc �9- page 10 .
<br /> �_-� Q-�-�-�'
<br /> Register of Deeds
<br />�
<br /> To B�
<br /> Texas Prod.uetion Company Deputy.
<br /> of Alebraska. ���, �'r�� .
<br /> _ , I+'ees,� 2:75 �n�.� � — ��
<br /> �--.�a�; ,
<br /> THE TEXAS CO�PANY pIL AN]D GAS MINIlOTG LEA�E �.��=zG ��
<br /> �
<br /> An Agreement, entered into this � day of OCtO�JeY' • , is 35 , between
<br /> �ILBUR A.ZEINER, a single man, HAARY J.ZEINER, a single man,
<br /> ��V�bros,Y.�> Ne6iaska
<br /> lessor (whether one or more), and TEXAS PFtODUCTION COIvIPA1VY,,�a corporation organized under the laws of �elerc�de, lessee.
<br /> 1. Lessor, in consideration of the sum of Sixt�en. & 00/100 Dollars (�16.0� ), 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 fornha.tions
<br /> and prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and buiiding powers, atations, telephone lines
<br /> and other structures (including houses for employees) thereon, to produce, save, take care of, treat and traneport said prodixcts, the following described
<br /> land in HAll. County, State of Nebraska, to-wit:
<br /> North�vest Quarter (NW�) Sectian Twenty (2�) ,Township T��velve (12) North of Range Twelve (12)
<br /> West of the 6th P.A�. eonta3.ning 160 aeres, 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") 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 /> to be delivered at the wells or to the credit of leseor 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 st 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 ita
<br /> proportion of a.ny expense of treating unmerchantable oil to render it merchantable as,crude, and (b) on gas produced from said land and sold or used ofP
<br /> the land or in the manu€aeture of gasoline, inc]uding casinghead gas, the market price at the well of ofle-eighth of the gas so sold or used, provided that
<br /> if and when lessee shail selY gas at the weils lessor's royaity thereon shall be one-eighth o£ the amount realized from such sales. Lessee is hereby given the
<br /> option of purchasing ail 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 ar transfer by lessor.
<br /> 4. If drilling operations are not commenced on said land o or be or o e yearf�om this date, this lease sh i then te ate ag tQ�bqt�h parties, unless
<br /> lessee shall pay or tender to le�gQr Qr, to the r y� 9g ],��g or i�j-Y'8� �a�ional Bank at �rand '�s�.anC1�1y�D2jwhich bank fs
<br /> lessor's agent) the sum of !'�lgilt+ aI'1� �U!lUV ------'---'--"—'—"----�—`�� '" Dollars ($ t�•U • )
<br /> (hereinafter called "rentai"), which shall eYtend for six months the time within which drilling operations may be commenced. Thereafter, semi-annually, in
<br /> � like manner, and upon like payments or tenders, the commencement of drilling operacions may be further deferred for periods of six montha during the
<br /> ' primary term. The payments or tenders of rental may be made by the check or draft of leasee ma,iled or 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 tendera of rental in the manner herein provided shall be binding on the auccessors,
<br /> assigns or legal representatives of lesaor. If such bank (or any succes�or 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 a,fter lessor shall deliver to lessee an instrument in writing duly
<br /> executed and acknowledged, naming another bank as agent to receive such payments or tenders. The down cash payment is consideration for this lease
<br /> according to its terms a,nd shall not be alocated as mere rental for a period.
<br /> 5. If prior to the d'ascovery of oil or gas on said land lessee shouid 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 shall not be terminated thereby if leasee 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 next
<br /> ensuing rental paying date. If at the expiration of the primary term oil or gas is not being preduced on said land but lesaee is then engaged in dri119ng
<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, ao long
<br /> thereafter as oil or gas is or ca.n 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 all operations hereunder, and the royalty on oil
<br /> ' and gas sha11 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 /> all property and fixtures piaced by lessee on said land, including the right to draw and remove all 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 oP any residence or barn now on said land without lessor's consent. Lessor shall have the px'ivilege,
<br /> at the risk and expense.of leaeor, of making connection and using gas Yrom 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 /> 7. The rights of either party under this lease may be assigned in whole or in part and the provisions hereof shall extend to the heirs, personal representatives, successors
<br /> and assigns, but no sale or assignment by lessor shall operate to enlarge the oUligations or diminish the rights and privileges of lessee. Should lessee assign thia lease in
<br /> whole or in part lessor shall look solely to the assignee for performance of its terms as to the parts so assigned. No sale or assigxunent by leaeor sha11 be binding on lesaee
<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 (if anY
<br /> exiats) to pay rentals is appox�tioned as between the several owners ratably according to the surface area of each, and default by one of them in the payment oE rental8
<br /> shall not affect the validity of the lease on the portion of land upon wriich pro rata rentals are paid or tendered.
<br /> 8. Thia lease shall never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its implied obligations, nor while oil or gas is
<br /> being p1'oduced in paying quantitiea for any cause whatsoever, unless there ahall first be a final judicial ascertainxnent that auch obligation or cause exists and that lesaee
<br /> ie in default. Upon such final deterxnination, lessee is hereby given a reasonable time thereafter to comply with such obligation, or, at lessee's election, to surrender the
<br /> lease, with the option of reserving, under the terma of this lease, each producing well and ten acres surrounding it to be selected by lessee. Lessee shall not be liable in
<br /> damages for breach of any implied obligation.
<br /> 9. If six or more persone be or becoine entitled to royalties hereunder, they shall by eufficient written instrument designate some agent to receive payment for all,
<br /> and lessee shall not be required to make payment until such instrument is furnished.
<br /> 10. When drilling or other operations are delayed or interrupted by lack of water, labor or material, or by fire, storxn, flood, war, rebellion, insurrection, riot, atrike,
<br /> differences with workmen, or failure of carriers to transport or furnish facilit3es for transportation or as a result of some order, requisition or neceasity of the government,
<br /> or as the result of any cause whateoever beyond the control oE the le�see, the time of such delay or interruption sha11 not be counted against lessee, anything in thia lease to
<br /> the contrary notwithstanding. I
<br /> 11. Leasor 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 /> axiy taxes, mortgages or other liens upon said land, and in that event leasee shall be subrogated to such lien, with full right to enforce the same, and fn addition thereto may
<br /> retain for the satisfaction of such lien and intereat all royalties or rentals accruing hereunder. IP leasor owns an interest in said land less than the entire fee aimple eatate,
<br /> then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the riglit or intereat of lessee hereunder be diaputed by lessor, or any other gerson,
<br /> the time covered by the pendency of such dispute shall not be counted against lessee either ae affecting the term of the lease or the time for payment oY rentala or
<br /> royaltiee or for any other purpose, and lessee may suspend all payxnents until there is a final adjudication or other determination of such dispute. �
<br /> ;W�T�� N S HEREOFr�is instrument is executed n a�oye written. w.A,.Zeiner • SEAL
<br /> � �.��mpgon IAPPROVED AS TO �DE������'��i�btv 1 ` H.J.Zeiner �
<br /> G.Si ps (g� DATA Hugh A.Stev�aart } ��C��� TEXAS PRODUCTION CONiPANYL�� ���S, A
<br /> A�'�est: J.C.Hudnall, Assistant Secretary (SEAL) gy p.R.YYilson,Viee Pres
<br /> STATE OF NEBRASKA )8S On this �'� day of October, 1935, before me, a Notary Public , in�����or �aid
<br /> �� Harr Zeiner a sin le man who are
<br /> COUNTY OF HALL ) County, personally came the above named y J. g , �
<br /> Ilpersonally known to mE to be the ident].cal p�raons �hase names are affixed to the abave ir�,strum�nt
<br /> .�as lessors, and they eaeh acknovrledged said instrument to be their voluntary act. and d�ed. ��
<br /> �V�itneas m� hand and Notarial Seal the date la.st aforesaid. J.L.Cleary, Notary Publie 1!
<br /> ��y commi�sion expires on the l�'� day of April, 19�1. (SEAL) ` ��
<br /> IISTAT�. OF NEBRASKA )8S On thia �N day of �October, 2935, beFor.e me, a Notary PubYic, in and fo�
<br /> C�UNTY OF HALL ) aa,id County, pera�nal�y ca.me th� �a:��ve namei �ilbur A.Z��.ner, a sin�le ,,
<br /> m�n �ho are persvnall.y knawn to me to be the id�ntical� persons whose names are affixed ta the
<br /> above instrument as 1.eGsors, and they eaeh acknov�ledged said lnstrument to be their voluntary
<br /> act and d�ed. �ltness my hand and Notarial Seal the date last aforesaid. J .L.Cleary,�Nota.ry Pub ic
<br /> My e0mmi�sion expires on the I�p day of April, 19�+1. (SEAL}
<br /> .STATE OF CdL0RAD0 )SS On this 5 day of Dec. 1935, before me, a Notary Public in an
<br /> `•'CITY AND COUNTY OF DENVER ) -'#�� for said Count�, personally eame the above named A.R.Wil�on,
<br /> �,Vice Pres3dent and J.G.Hudnall, `Assi�tant Secretary of sald Texas P�vduGt�.on Company of Atebr�,e a,
<br /> �vho are -persor�ally kno�vn to me to b� the ident�.eal persons whosePnames are af�lxe� Ca the -ab�ov
<br /> i� y y _ ; -
<br /> instrumen� a$ Viee• President and Assistan� ,S�;eretar of ..s.aid eor Qrativn, and the , acknowled ed I,
<br /> lithe instrum�nt to be ti��ir noluntar aEt and deed and the voluntar act and deed of said cor o �
<br /> �a'Gi4n. �'itness my hand and Notarial Seal the date lz�st aforesaid. �o� ��'�������ffi���&� P��?�i
<br /> �' _Com�i�sion F��ires Octo'��r_ 2b.,_,:..����7_ - , .___ _ •
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