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<br />' _.. ... . .-STATE JOUBNAL COMPANY.LINCOLN.NEB . . __ _...... .__._.._ ..._.. __._ . ._ __.. . .__.___... _ .. __._....._'__..._.V� .�_�_�_�_..�_._ __.,__.._�.r._�.
<br /> � STATE OF NEBRASKA,� �,
<br /> jFrom IIall Cou7aty, ss' '
<br /> i I he�°eb� certi f� that this instrumcy��t icas f iled f or record in m�.o f f ice �
<br /> �i � cct dcl,ocic �1i., 19 , �nd is !
<br /> � du1,y recorded in boolc page . I
<br /> �
<br /> !'
<br /> !� Register of Deeds
<br /> �' To B� �
<br /> Texas Production Com an
<br /> � P Y Dcputy. �
<br /> � b'ees,�
<br /> ,�
<br /> << OIL AND GAS MI1�TII�TG LEASE
<br /> �,
<br /> �:
<br /> i; An Agreement, entered into this day of , 19 , between "
<br /> ��
<br /> ��
<br /> �� lessor (whetfler one or more}, and TEXAS PRODUCTION COMPANY, a corporation organized under the laws of Colorado, lessee.
<br /> 1. Lessor, in consideration of the sum of Dollars ($ ), in hand paid, of the royalties herein provided I
<br /> 1� and the agreements of lessee herein contained, hereby grants, Ieases and lets exclusively unto lessee, for the purpose of testing by any method for formations
<br /> and prospecting and drilling for and producing oil and gas, laying pipe lines, building tanks, storing oil and building powers, stations, telephone lines
<br /> �i and other structur�a (including houses for employees) thereon, to produce, save, take care of, Lreat and transport said products, the following• described
<br /> il
<br /> 'i land in County, State of Nebraska, to-wit:
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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 Iong 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 royaities 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 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 price at the weils of such one-eighth on the day it is run to the pipe line or storage tanks, lessor's interest in eitfler 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 aold 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 sold or used, provided that
<br /> if and when lessee shall sell gas at the wella lessor's royalty thereon shall be one-eighth of the amount realized from such sales. Lessee is hereby given the
<br /> ioption of purchasing all or any part of said royalty rights from the lesaor at the best bona fide price offered by responsible third parties when and if
<br /> � 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 /> I lessee shall pay or tender to lessor or to the credit of lessor in Bank at (which bank is
<br /> lessor's agent) the sum of Dollara ($ )
<br /> � (hereinafter cailed "rental"), which shall extend for six months the time within which drilling operations may be commenced. Thereafter, aemi-annually, in
<br /> � like manner, a.nd 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 deliverec3 to said bank on or before such date
<br /> iof 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 saad land, the payments or tenders of rental in the manner herein provided shali be bindin on the succeasora,
<br /> S'
<br /> � assigns or legal representatives of lessor. If such bank (or any auccessor bank) should fail, liquidate or be succeeded by another bank, lessee shall not
<br /> I ' be held in default for f ilure to mak su me s t r
<br /> , a e ch pay nt or ende s until thirt da s after lessor shail deliver to lessee an instrument in writin dul
<br /> Y Y g Y
<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 /> accordin to its terms and shall not be alocated as mere rentak for a eriod.
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<br /> 5. If prior to the discovery of oil or gas on said land leasee should driIl a dry hole or holes thereon, tflis lease shali 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 oiI or gas the production thereof should cease from any cause, this lease sha11 not be terminated thereby if lessee 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 renta.l 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 ca.n be produced from any well on said land.
<br />'I � 6. Lessee aha11 have the free uae of oil, gas, wood, coal and water from said land, except water from lessor's wells, for ali operations hereunder, and the royalty on oil
<br /> �! and gas shall 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 thia lease to remove
<br /> all property and fixtures placed by lessee on said land, including the right to draw and remove all casing.. When required by lessor, lessee will bury all pipe lines below
<br /> I ordinary plow depth, and no well ahall be drilled withfn two hundred feet of any residence or barn now on said land without lessar's consent, Lessor shall have the privilege,
<br /> at the risk and expense of lessor, of making connection and using gas from any gas well on said land for �toves and inside lights in the principal dwelling on said land out '
<br /> of any surplus 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, succeasora
<br /> ahd assigns, but no sale or assignment by lessor ahail operate to enlarge the obligatfons or diminish the rights and privilegea of lessee. Should leasee assign this lease in
<br /> I whole or in part lessor shall look solely to tke assfgnee for performance of its terms as to the parts ao ass:gned. No sale or assigziment by lessor shail be binding on lessee
<br /> for any purpose ixntil lessee shall be furni�hed with an instrument in writing evidencing such eale or assignment. If lessee asaig s�this lease in part, the obiigation (if any
<br /> � exiats) to pay rentals is apportioned as between the aeveral owners ratably according to the surface area of each, and dePault by one of them in the payment of rentals
<br /> shali not aifect the validity of the lease on the portion of land upon which ro rata rentals are aid or tendered.
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<br /> � & This lease shall never be forfeited, cancelled, or terminated for failure by lessee to perform in whole or in part any of ita impifed obligations, nor while oil or gas is
<br /> being produced in paying quantities for any cause whatsoever, unleas there shall first be a final judicial ascertainxnent that such obligation or cause exists and that.lessee
<br /> ia in default. Upon such final determination, leasee is hereby given a reasonable time thereafter to comply with such obligatfon, or, at lessee's election, to surrender the
<br /> le&se, with the option of reserving, under the terms of this lease, each producing well and ten acres surrounding it to be selected by lessee. Lessee ahall not be liable in
<br /> idamages for breach of any implied obligation.
<br /> I 9. If aix or more persons be or become entitled to royalties hereunder, they ahall by sufficfent written instrument designate some agent to receive payment for ail,
<br /> and lessee shall not be required to make payment until such instrument is furnished.
<br /> 20. When drilling or other operations are delayed or interrupted by lack oP water, labor or material, or by fire, storm, flood, war, rebellion, inaurrection, riot, strike,
<br /> differences with workxnen, or failure of carriers to transport or furnish facilities for transportation or as a result of aome order, requisitfon 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 sha11 not be counted against lessee, anything in this lease to
<br /> the contrary notwithstanding.
<br /> i 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 /> ariy taxea, 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 such lien and interest all royalties or rentals accruing hereunder. If lesaor owns an interest in said land less than the entire fee simple estate,
<br /> i then the royalties and rentals to be paid leasor shall be reduced proportionately. Should the right or interest of lessee hereunder be disputed by leasor, or any other peraon,
<br /> 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 /> royaities or for any other purpose, and lessee may auspend all payments untfl there is a final adjudication or other determination of such dlspute.
<br /> ; IN WITNESS WHEREOF this instrument is executed on the date first above written. ,
<br /> (SEAL)
<br /> � ,. � � � � - (SEAL)
<br /> LFSSOR
<br /> I� Attest: TEXAS PRODUCTION CObiPANY,
<br /> �y
<br /> Assistant Secretary. Vice President
<br /> : LESSEE
<br /> STATE OF NEBRASKA,
<br /> County of � �s'
<br /> On this day of , 19 , before me, a Notary Public, in and for said County, personally came the above named
<br /> and , his wife, who are personally known to me to be the identical
<br /> persons whose names are affixed to the above instrument as leasors, and th ey each acknowledged said instrument to be their voluntary act and deed.
<br /> Witness my hand and Notarial Seal the date last aforesaid.
<br /> Notary Public.
<br /> � My commission expires on the day of , 19 • .
<br /> STATE OF COLORADO,
<br /> � ss.
<br /> City and County of Denver,
<br /> On this day of , 19 , before me, a Notary Public, in and far said County, personally came the above named
<br /> , Vice President and Assistant Secretary of said Texas Production Company, who
<br /> are personally known 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 voIuntary act and deed of said corporation.
<br /> 1� Witness my hand and Notarial Seal the date last aforesaid.
<br /> '' Notary Public.
<br /> � My commission expires on the day of 1g
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