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<br />.----.. �IS�STAT6.101�,F{NAL�COIdPANY.L3NCOLN.NE9 . .. ... . .. .. .- . .. . -. ..-- . .-_. . ..._�.___�_�,..^
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<br /> STATE OF NEBRA.SIiA,j
<br /> �� F�'om Hall Coic�it�, r ss.
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<br /> ' Ths Travelers Insurance Company
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<br /> �' I hereby certi-fy that this instrumer��t uas filed for �•ecord in°m� office
<br /> " at 9;�}5 n'c1,ocic A. Nl., MB.TCh .��� 19�j7 , and is
<br /> � dul� reco�•ded in book Q pa�e 106 /L���
<br /> i �" �'�`'e"'�'
<br /> ���� � I�egister of Deeds �
<br /> T'o B� ( Fil.e No. N-2 79
<br /> �! ( Posted Date By
<br /> I�' Texas Production Company ( Aen�a�'��Bbok . � � � � JTN
<br /> ' OF NEBRASKA Fe e s�2.7�q : . � Maps 3�9�3 7 FN
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<br /> �' TxE TEXAS COMPA�B��KA QjL AND GAS li/IINING LEASE( �� B�ailed ���--'
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<br /> ii An Agreement, entered into this l�jtYl day of �''6b2'UaI'y , is37 , between
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<br /> �' THE�'RAVELERS INSURAPdCE COMPANY, City Na��,o�}�,� Building, Omah��b�a�ska
<br /> ! lessof• (whether one or more), and TEXAS PRODUCTION COMPANY,Aa, co���'b anized under the lawa of ��es ee.
<br /> � 1. Lessor, in consideration of the sum of F3fteen 8G 2���.�0 Dollars (� 1�}.c`�Q ), in hand paid, of the royalties herein provided
<br /> " and the agreements of lessee herein contained, hereby grants, le�sea and lets exclusively unto ressee, for the purpose of testing by any method for formations
<br /> and prospecting and drilling for and producing oil a.nd gas, laying pipe lines, building tanks, storing oil and building powers, stations, telephone lines
<br /> i and otfler structures (including houses for employees) thereon, to produce, save, take care of, Lret�t and transport said products, the following described
<br /> land in �j$�1, County, State of Nebraska, to-wit:
<br /> i: SG�; Sec. 6, T. IO N. , R. 10 W. , Iess the Unlor� Pacific Railroad R�.ght of l�ay, containing 152
<br /> �� acres more or less.
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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 "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 �vells 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 /> E! time, the market price a�t the wells of such one-eighth on the day it ia run to the pipe line or storage tanks, lessor's interest in either case to bear its
<br /> 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 /> the land or in the manufacture of gasoline, including casinghead gas, the market price at the weli 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 ahall be one-eighth of the amount realized fmm such sales: Lessee is hereby given the
<br /> option of purchasing all or any part of said royalty rights from the lessor at the beat bona fide price offered by reaponsible third parties when and if
<br /> �i offered for sale or transfer by lessor.
<br /> 4. If drilling operations are not commenced on said land on or before one year from this date, this lease shall then terminate as to both parties, unless
<br /> �' lesaee ahall pay or tender to le,ssor or to the cr�dkt essor in Bank at (which bank ia
<br /> �j Iessor's agent) the sum of �even and bU���O — — — — — — — — — — — — — .,. _ _ _ _ Doll�rs (� �60 )
<br /> '' (hereina.fter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. There er, 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 or delivered to said bank on or before such date
<br /> i� of payment. Drilling operations hereunder shall be deemed to be commenced when the firat material is placed on the ground. Notwithstanding any devolu-
<br /> j; 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 successora„
<br /> assigns or legai representatives of lessor. If such bank (or any succesaor bank) shouid 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 instrumettt in writing duiy
<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 />, j� according to its terms and shall not be alocated as mere retttal 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 /> !i 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 /> � j� 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 /> f� 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 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 /> thereafter as oil or gas is or can be produced from any well on sai@ land.
<br /> 6. Lessee shall have the free use of oil, gas, wood, coai and water irom said land, except water from lessor's welis, for all operations herettnder, and the royaity on oii
<br /> �; and gas ahall be in the net quantity after deducting any so used for operations. Lesaee ahall have the right at any time dur9ng or after the expiration of this lease to remove
<br />, �� al� property and fixtures placed by lessee on said land, including the right to draw and remove all casing. When required by lesaor, lessee will bury all pipe lines below
<br /> � ordinary plow depth, and no well shal! be drilled wIthin two hundred feet of any residence or barn now on said tand without leasor's consent. Lessor shall have the privilege,
<br /> �i at the risk and expense of lesaor, of making connection and using gas from any gas well on said land for stoves and inside lights in the principal dwelling on eaid land out
<br /> of any surplus gas not needed for operations hereunder.
<br /> � 7. The rights of efther party under thia lease may be assigned in whole or in part and the provisions hereof shall extend to the heirs, peraonal representatipes, successors
<br /> Q� �t ahd asaigns, but no sale or assignment by ieasor ahall operate to enlarge the obligations or diminish the rights and privileges of 2essee. Should lessee assign this lease fn
<br /> N � whole or in part lessor shall look solely to the assignee for performance of ita terms as to the parts so asaigned. No sale or asaignm�nt by lessor ehail be Ainding on lesaee
<br /> for any purpose until lesaee shall be furnished with an instrument in writing evidencing such sale or assignment. If lessee asaigns this lease in part, the obligation (if any
<br /> �' esists) to pay rentals is apportioned as between the several owners ratably according to the surface area of each, and default by one of them in the payment of rentals
<br /> f shall not affect the validity of the lease on the portion of land upon which pro rata rentals are paid or tendered.
<br /> f� 8. This lease aha11 never be Porfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of its implied obtigations, nor while oil or gas is
<br /> i being produced in paying quantities for any cause whatsoever, unless there shail first be a final��udicial ascertainnient that such obligation or cause exists and that lessee
<br /> (l� �� is in default. Upon such final determination, lessee is hereby given a reasonable time thereaFter to comply with such obligation, or, at lessee's election, to surrender the
<br />�' \�' �i tease, with the option of reserving, under the terms of this lease, each producing well and ten acres surrounding it to be aelected by lessee. Lessee shali not be liable in
<br /> \ � damages for breach of any implied obligation.
<br /> �; 9. IP aix or more persons be or become entitled to royalties hereunder, they shall by sufficient written instrument designate some agent to receive payment for a11,
<br /> an .1 e h��1 �n��o�tysbc�g4er��e(j_'�u'red t'/o make $y ent until ,quch.' t t i y�uTnis}��d. �/ 1 '�/ /1
<br /> • ;��a•�������?. ii'11 2'��'rO_ac9�d�'a..s 1. ,G j'����I'`d2e.`:7i.v'�y29�'.we�u� `°s�`.4.+.GGf�'�.ltiLr.tLa�ZFtG:.Ki.r-el a.tL �Ita.L�G�L-- , .
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<br /> ,i n ing o o er perat ons are del�ye� or'�i er p e aek oP vcater,' a or ma e at,�dr b3� fire, storm, ftood, s¢ar, rebellIo�n, insurr ion, rtot, strike,
<br /> ' differences wrth workmen, or failure of carriers to transport or furnish facilities for transportation or s a result of some order, requisition or ttecesaity of the government,
<br /> ; or as the reault of any cause whatsoever beyond the control of the lessee, the time of such delay or interruption shall not be counted against lesaee, anything in this lease to
<br /> �� the contrary notwithstanding.
<br /> ; 11. Lessor hereby warrants and agrees to defend the titie to said tand and agrees that lesaee, at lessee's option (but without a,ny duty to do ao), 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 additfon 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 les8 than the entire fee simple estate,
<br /> �: then the royalties and rentals to be paid lessor ahall be reduced proportionately. Shoixld the right or fnterest of lessee hereunder be disputed by lesaor, or any other person,
<br /> �i the time covered by the pendency of such dispute shall not be counted against 7essee either as affecting the term of the lease or the time for payment of rentals or
<br /> ' poyalties or for any other purpose, and lessee may suapend a11 payments until there is a final adjudication or other determination of such diapute.
<br /> ��� � IN WITNESS WHEREOF this instrument is egecuted on the date first above written.
<br /> 'II'�a! �
<br /> ,,. � ATT�ST: (CORP) , THE TRAVELER9 IIVSURANCE GO�PANY (SEAL)
<br /> ;; D.A.Read, Secretary (SEAL) � B.A�.Page, Vice President � �sEaL>
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<br />' � ' " L�SSOR
<br /> I� Attest:
<br /> �CORP� 'TEXAS PRODUCTION COMPANY, of I3ebraska
<br /> �; J.C.Hudnall �(SE�1L) B H.A.Stewart
<br /> � Assistant ecretary. �ppRUVED AS T� Vice PresLent
<br /> f sTaTE oF �ONNEC�'�CUT DESCRIPTION 8c DATA )
<br /> EssEE
<br /> i county of HARTFORD ss• (F.H.Gower )
<br />� � O n t h i s 1.'r j t�'1 d a y o f Fe ruar y 1 g�j 7 b e f o r e m e a N o t a ry P u b l i c i n o r t e r n a l l a m e t h e o v e n a m e d
<br /> � , > > 2�� ���.��'� � �'ne �an om a
<br /> , B.A.Page, Vice President ana D.A.Read, ecretar , o2' s id
<br /> � • ��.C 6 P r e s i d e t a.I l� $e G Y`E'�A T'�''�t��o�a,�q L�rs��}YD��p�Yiv��3�op ne �o�e�he i�en�C�,l
<br /> e r s o�Vn s h�o�s e ng aym�Ve s a r e a f f i x e t o t h e? b o v i n Ss t r�n t s h e e�a e�a a c k n o w l e d e d i n s t r u m e n t to�e t heir v o lun tary ac t an d dee d. a n
<br /> � t�e Wi�n�s'�my-Ti�thd and�o�ar�l �ear�e d a�te I a t a�o e s�a�������� y g �
<br /> (SEAL F
<br /> ) .C.Smith
<br /> I Notary Public.
<br /> My commission expires�T'�.�3t�?1'St 7j 1.� ���. , 19 . ,
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<br /> BTATE OF COLORADO, �
<br /> ; City and County of Denver, S��
<br /> � On this da of Mareh 19 y, personaliy came e na d
<br /> ],Q Y > 37> before me, a Notary Public, in and for said Count _the a,bo��ame a
<br /> I H.A.$'t�9�SY''t , Vice President and J.C.HLiC�Yl&�.� Assistant Secretary of said Texas ProductionICo pany, w�o
<br /> � are personally known to me to be the identical peraons whose names are affixed to the above instrument as Vice President and Assistant Secretary o�said
<br /> corporation, and they acknowledged the instrument to be their voluntary act and deed and the voluntary act and deed of said corporatiotr.
<br /> Witneas my hand and Notarial Seal the date last aforesaid. (SEAL) J ohr�t T.Nv 8�TOID
<br /> I Bfjy corr��ission Expire_s October 26,1937. Notary Public.
<br /> M commiseion ex ires on the da of 19
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