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<br />_',_..... .. .�-�STATE�JOURNAL COMPANY,LINCOLN.NEB . . . -. . .... .. - . _...._ .._ .. .___ __.._,.__ ,.�__._ �_.._�
<br /> . . . _ . . . _�. . ...___..___ ...�'__.__�.
<br /> � From STATE OF NEBRASK�., s�
<br /> � Hall Count�, �
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<br /> �� Evelyn A.Ryan, �didOw I hereby certi-f� tlia-t this instru�nerat i.cas filed for record in my office
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<br /> �! • at � o'c1,oclr, A d%1., De C embe r 10 19�j� , and is
<br /> j � dul,� recorded in book � � page 10�
<br /> �; • C������C�
<br /> i; Re ister a De ds
<br /> li To By 9 f
<br /> � �
<br /> !', Texas .Production Company Deputy.
<br /> `;; � OF NEBRASKA _ 1�'ees,� �j.2
<br /> 5 3.� �io. �i-��9i
<br /> - ;� THE TEXAS COIVIPANY pIL A S MII�TING LEASE �%��%�3� ��
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<br /> '; An Agreement, entered into this I],trl day of October , 19 �j� , between
<br /> i Evelyn A.Ryan, widow, �
<br /> � �3�'� 1�lEBR�kSK�, Nebr€iska �
<br /> �i lessor (whether one or more), and TEXAS PRODUCTION COMPANY,�+a corporation organized under the laws of �crlc�rttc�o, lessee.
<br /> '' 1. Lessor, in consideration of the sum orEighteen. & 2��1�� Dollars (� 1-�•22 ), in hand paid, of the royalties herein provided
<br /> �; and the agreements of lessee herein contained, hereby grants, leases and leta exciusively unto lessee, for the purpose of testing by any method for formations
<br /> i and 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 structures (including houses for employeea) thereon, to produce, save, take care of, treat and transport said products, the following described
<br /> �i
<br /> land in HaII County, State of Nebraska, to-wit:
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<br /> �, SW�S�� S�PC. 27, TI�JN, RI2W, SE48E� Sec. 9, Lot Z in NE� Sec. 16, 5ou�h 27 acres of� Lots I, 2,
<br /> � 5ec. 11, TgN, RI2W, Ez�'�2NE� Sec. 3�-, T1.ON, R12W,Hal1 County, Nebraska, covering i�2.20 acres
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<br /> �, more or Iess.
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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 /> I ;i term") and as 2ong thereafter as either oil or gas is or can be produced from any well ott said land; however, lessee at any time may release this lease
<br /> �� I! in whole or in part.
<br /> l� I 3. The royalties reserved by lessor, and which shall be paid by lessee, are (a) on oil, one-eighth of that produced and sa,ved from said land, the same
<br /> `� ;� to be delivered at the welIs or to the credit of lessor in the pipe line to which the wells may be eonnected, or, at the ogtion of the 2essee, from time to
<br /> time, the market price at the wells of such one-eighth on the day it ie 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 ma rket price at the well of one-eighth of the gas so �old or used, provided that
<br /> � if and when lessee shall sell gas at the wells leasor'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 /> �! offered for sale or transfer by lessor.
<br /> �, ;j 4. If drilling operations are not commenced on said la.nd on or before on ear frQm this date, this lease shall then rmina.te as o bot�� es, unless
<br /> !i lessee shall pay or tender to�gS sor or to �}' y� of lessor in F1T'St Na.��OT'1&.l $ank aGY'&.I1C�. �sland 1�S� T' (w�i�Ch ba.nk is
<br />' � +� tessor's agent) the sum of 1w 1nQ �C ��/L�U — — — — — — — -- — — — — — — — — — — — Dollara (��•l� )
<br /> I� (hereinafter called "rental"), which shall extend for six months the time within which drilling operations may be commenced. Therea.fter, semi-annually, in
<br /> I �! 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 /> ` prima,ry term. The payments or tenders of rental may be made by the check or draft of lessee mr�iled or delivered to said bank on or before such date
<br /> i� of payment. Drilling operations hereunder ahall be deemed to be commenced when the first material is placed on the ground. Notwithstanding any devolu-
<br /> I � I 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 succassor bank) should fail, liquidate or be succeeded by another bank, lessee skiall not
<br /> � ' be held in defauit for failure to make such payments or tenders until thirty da.ys after 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 and shall not be alocated as mere rental for a period.
<br /> ij 5. If prior to the discovery of oil or gas on said land lessee should driil 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 ahall not be terminated thereby if lessee commences additional drilling
<br /> � operations within sixty days thereafter or (if it be wfthin the primary term) commences or resumes the payment or tender of rentals before the nest
<br />, F' ensuin rental a ing date. If at the expiration of the rimar term oil or as is not bein roduced on said land but lessee is then en ed in drillin
<br />�� (� l g B Y P Y g g P gag g
<br /> � operations thereon, the lease shall remain in force so long as drilling operations are prosecuted, and, iE 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 said land.
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<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 operationa hereunder; and the royalty on oil
<br /> I': and gas eha11 be in the net quantity after deducting any so used for operations. Lessee shall have the right at any time during or after the expiration of this lease to remove
<br /> alA p�operty and fixtures piaced by lessee on said land, including the right to draw and remove atl casfng. When required by lesaor, lessee wiIl bury a21 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 lessor's consent. Lessor shail have the privflege,
<br /> 1; at the risk and expense of lessor, of making connection and using gas from any gas well on aaid land for atoves and inside lights in the principal dwelling on said land out
<br /> � oY any surplus gas not needed for operations hereunder.
<br /> 7. The rights of either party under this Iease may be assigned in whoIe or in part and the provisions hereof shall extend to the hefrs, persona2 representatives, successors
<br /> ahd aseigns, but no sale or assignment by lessor ahall operate to enlarge the obligations or diminish the rights and privileges of leasee. Should lesaee asaign this lease in
<br /> whole or in part leseor shall look solely to the assignee for performance of its terms as to the parts so assigned. No sale or assignment by leasor ehall be binding on leasee
<br /> i for any purpose until lessee shall be furniahed with an xnstrument in writing evidencing auch sale or assignment. If IeSsee assigns thie lease in parE, the obligation (if any
<br /> i� exists) to pay rentais is apportioned as between the several owners ratably according to the surface area of each, and default by one of ihem fn the payment of rentals
<br /> � ahall not aPfect the validity of the lease on the portion of land upon which pro x•ata rentais are paid or tendered.
<br /> � 8. This lease ahail never be forfeited, cancelled, or termfnated for failure by lessee to perform in whole or in part any of its implied obligationa, nor while oil or gas is
<br /> � befng produced in paying quantities for any cause whatsoever, unless there shall first be a final judicial ascertainment that such obligation or cause exists and that lessee
<br /> �j is in default. Upon such final deterxnination, lessee is hereby given a reasonable time thereafter to comply with such obiigation, or, at lessee's election, to surrender the
<br /> Ii lease, with the option of reserving, under the terms of this lease, each producing Well and ten acres surrounding it to be selected by lesaee. Lessee shall not be liable in
<br /> ! damages for breach of any implfed obligation. ,
<br /> I �� 9. If six or more persons be or become entitled to royalties hereunder, they ahall by sufficient written instruxnent designate some agent to receive payment for a11,
<br /> �� and be� � al re�u,�'r�d�t��mal�e� a m�,e,�n 1 s�c '�str men ' he +����[�� 9�y�,�,�,� �r� �� ;�u���
<br /> I0. �ie�, 1 ng or� otTie'r operatidn��re cre ay��or �n�er�'uF�e�a"����gter;Talfox' 6f maVk�e`�ial, �y/�orin'�i, flood, �ar, rebellion, in�su ectio,�riot atrike
<br /> I �I differences wit workmen, or failure of carriers to transport or furmsh facilities for traneportation or as a�sul� 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 such delay or interruption shall not be counted againat lessee, anything in this lease to
<br /> (? the contrary notwithstanding.
<br /> �� il. 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 /> �riy taxes, mortgages or other liens upon said land, and in that event lessee ahall be subrogated to sueh lien, with full right to enforce the same, and in addition thereto may
<br /> retain for the sat�sfaction of such lien and interest a11 royalties or rentals accruing hereunder. If lessor owns an interest in said land less tha.n the entire fee simple estate,
<br /> then the royalties and rentals to be paid lessor shall be reduced proportionately. Should the right or interest of lessee hereunder be disputed by lessor, or any other peraon,
<br />'I i 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 of rentals or
<br /> royalties or for any other purpose, and lessee may auapend all payments untii there is a final adjudication or other determination o1 auch diapute.
<br /> iIN WITNESS WHEREOF this instrument is executed on the date first above written. ,
<br /> II ' �Jt�e��ear � � _ Evelyn A.Ryan tsEaL>
<br /> ,I y ,. (SEAL)
<br /> �� (CORP) LFSSOR
<br /> I' Attest: 'V TEXAS PRODUCTION MP o /YE 3K
<br /> CO ANY, F B/1'/� A
<br /> '� �.C .Hudnall, a%'�`"`'�� (5E�L) B
<br /> � ���.�� Assistant Secretary. y H'A.`3 t e W a'r t Vice Preaident
<br /> �
<br /> 3.��'✓ , LESSEE
<br /> � STATE OF NEBRASKA,
<br /> l County of H�.1I �s'
<br /> �; On this �.�.tYl. day of �C t O e r , 183� , before me, a Notary Pubiic, in and for ssid County, personaily came the above named
<br /> Evs�,Yn A.Ry�.n,widov� and , his wife, who are personally known to me to be the identical
<br /> � persons whose names are affixed to the above instrument as lessors, and th ey each acknowledged said instrument to be their voluntary act and deed.
<br /> j Witness my hand and Notarial Seal the date last aforesaid. ��E�L� J.L,.CI.EAY°V
<br /> jNotary Public.
<br /> � My commission expires ea-t�ke- da�rbf April 1�, , 19 �{-�. . •
<br /> STATE OF COLORADO,
<br /> � as.
<br /> f� City and County of Denver,
<br /> ! On this �.7 day of �O V. , 19 3� , before me, a Notary Public, in and for said County, personally came the above named
<br /> i H.A.S tev,T rt C.Hudnall �t'Ned�os�(-st,
<br /> 8 , Vice President and J• � Assistant Secretary of said Texas Production Gompany,,�who
<br /> are personaIIy known to me to be the identicai persons whose names are affixed to the above instrument as Viee 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 /> Witness my hand and Notarial Seal the date last aforesaid.
<br /> ( SEAL) John T.N�strom
<br /> ' � Notary ubiic.
<br /> i My com.mission expires on the 20 day of OC t . 19� I, ,
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