EXHIBIT 4.3
Xxxxxx Leases
Lease #1
275677 446
--------------------------------------------------------------------------------
OIL AND GAS LEASE
(PAID-UP)
-----------------
AGREEMENT, Made and entered into this 16th day of December, 1983, by and between
Xxxx XxXxxxx a/k/a Xxxx Xxxxxxxx, now XxXxxxx, as heir and devisee under will of
Xxxxxx Xxxxxxx, deceased X.X. Xxx 000 Xxxxxxx, Xxxx. 00000. Party of the first
part, hereinafter called lessor (whether one or more). And Xxxxxxx X. Xxxxx X.X.
Xxx 00 Xxxxxx, Xxxxxxxx 00000, party of the second part, hereinafter called
lessee.
WITNESSETH, That the said lessor, for and in consideration of Ten and Other
Dollars, cash in hand paid, receipt of which hereby acknowledged and of the
covenants and agreements hereinafter contained on the part of lessee to be paid,
kept and performed, has granted, demised, leased and let and by these presents
does grant, demise, lease and let unto the said lessee, for the sole and only
purpose of exploring by geophysical and other methods, mining and operating for
oil (including but not limited to distillate and condensate), gas (including
casinghead gas and helium and all other constituents0, and for laying pipe
lines, and building tanks, powers, stations and structures thereon, to produce,
save and take care of said products, all that certain tract of land, together
with any reversionary rights therein, situated in the County of Okfuskee State
of Oklahoma, described as follows, to wit: The East Half (E/2) of Xxxxxxx 00,
Xxxxxxxx 00Xxxxx, Xxxxx 0Xxxx, and containing 320.00 acres, more or less.
It is agreed that this lease shall remain in force for a term of One (1) years
from date (herein call primary term) and as long thereafter as oil or gas, or
either of them, is produced from said land by the lessee.
In consideration of the premises the said lessee covenants and agrees:
1st. To deliver to the credit of lessor free of cost, in the pipe line to which
it may connect its xxxxx, the 5/32 part of all oil (including but not limited to
condensate and distillate) produced and saved from the leased premises. 2nd. To
pay lessor for gas of whatsoever nature or kind (with all of its constituents)
produced and sold or used off the leased premises, or used in the manufacture of
products therefrom, 5/32 of the gross proceeds received for the gas sold, used
off the premises, or in the manufacture of products therefrom, but in no event
more than 5/32 of the actual amount received by the lessee, said payments to be
made monthly, During any period (whether before or after expiration of the
primary term hereof) when gas is not being so sold or used and the well or xxxxx
are shut in and there is no current production of oil or operations on said
leased premises sufficient to keep this lease in force, lessee shall pay or
tender a royalty of One Dollar ($1.00) per year per net royalty acre retained
hereunder, such payment or tender to be made, on or before the anniversary date
of this lease next ensuing after the expiration of ninety (90) days from the
date such well is shut in and thereafter on the anniversary date of this lease
during the period such well is shut in, to the royalty owners. When such payment
or tender is made it will be considered that gas is being produced within the
meaning of the entire lease. Lessor shall have the privilege at his risk and
expense of using gas from any well, producing gas only, on the leased premises
1
for stoves and inside lights in the principal dwelling thereon out of any
surplus gas not needed for operations hereunder.
3rd. To pay lessor for gas produced from any oil well and used off the premises,
or for the manufacture of casing-head gasoline or dry commercial gas, 5/32 of
the gross proceeds, at the mouth of the well, received by lessee for the gas
during the time such gas shall be used, said payments to be made monthly.
If the lessee shall commence to drill a well or commence reworking operations on
an existing well within the term of this lease or any extension thereof, or on
acreage pooled therewith, the lessee shall have the right to drill such well to
completion or complete reworking operations with reasonable diligence and
dispatch, and if oil or gas, or either of them, be found in paying quantities,
this lease shall continue and be in force with like effect as if such well had
been completed within the term of years first mentioned.
Lessee is hereby granted the right at any time and from time to time to unitize
the leased premises or any portion or portions thereof, as to all strata or any
stratum or strata, with any other lands as to all strata or any stratum or
strata, for the productions primarily of oil or primarily of gas with or without
distillate. However, no unit for the production primarily of oil shall embrace
more than 80 acres, or for the production primarily of gas with or without
distillate more than 640 acres; provided that if any governmental regulation
shall prescribe a spacing pattern for the development of the field or allocate a
producing allowable based on acreage per well, then any such unit may embrace as
much additional acreage as may be so prescribed or as may be used in such
allocation of allowable. Lessee shall file written unit designations in the
county in which the leased premises are located. Operations upon and production
from the unit shall be treated as if such operations were upon or such
production were from the leased premises whether or not the well or xxxxx are
located thereon. The entire acreage within a unit shall be treated for all
purposes as if it were covered by and included in this lease except that the
royalty on production from the unit shall be as below provided, and except that
in calculating the amount of any shut in gas royalties, only the part of the
acreage originally leased and then actually embraced by this lease shall be
counted. In respect to production from the unit, Lessee shall pay Lessor, in
lieu of other royalties thereon, only such proportion of the royalties
stipulated herein as the amount of his acreage placed in the unit, or his
royalty interest therein on an acreage basis bears to the total acreage in the
unit.
If said lessor owns a less interest in the above described land than the entire
and undivided fee simple estate therein, then the royalties herein provided
shall be paid the lessor only in the proportion which his interest bears to the
whole and undivided fee.
Lessee shall have the right to use, free of cost, gas, oil and water produced on
said land for its operations thereon, except water from xxxxx of lessor.
When requested by the lessor, lessee shall bury his pipe lines below plow depth.
No well shall be drilled nearer than 200 feet to the house or barn now on said
premises, without the written consent of the lessor.
Lessee shall pay for all damages caused by its operations to growing crops on
said land.
Lessee shall have the right at any tie to remove all machinery and fixtures
placed on said premises, including the right to draw and remove casing.
2
If the estate of either party hereto is assigned, and the privilege of assigning
in whole or in part is expressly allowed, the covenants hereof shall extend to
their heirs, executors, administrators, successors or assigns. However, no
change or division in ownership of the land or royalties shall enlarge the
obligations or diminish the rights of Lessee. No change in the ownership of the
land or royalties shall be binding on the lessee until after the lessee has been
furnished with a written transfer or assignment or a true copy thereof. In case
lessee assigns this lease, in whole or in part, lessee shall be relieved of all
obligations with respect to the assigned portion or portions arising subsequent
to the date of assignment.
All express or implied covenants of this lease shall be subject to all Federal
and State Laws, Executive Orders, Rules and Regulations and this lease shall not
be terminated, in whole or in part, nor lessee held liable in damages, for
failure to comply therewith, if compliance is prevented by, or such failure is
the result of any such Law, Order, Rule or Regulation.
This lease shall be effective as to each lessor on execution hereof as to his or
her interest and shall be binding on those signing, notwithstanding some of the
lessor above named may not join in the execution hereof. The word "Lessor" as
used in this lease means the party or parties who execute this lease as Lessor,
although not named above.
Lessee may at any time and from time to time surrender this lease as to any part
or parts of the leased premises by delivering or mailing a release thereof to
lessor, or by placing a release of record in the proper County.
Lessor hereby warrants and agrees to defend the title to the lands herein
described, and agrees that the lessee shall have the right at any time to redeem
for lessor by payment any mortgages, taxes or other liens on the above described
lands, in the event of default of payment by lessor, and be subrogated to the
rights of the holder thereof.
IN TESTIMONY WHEREOF, we sign this the 16th day of December, 1983
---- -------- ----
-----------------------------------------
Lessor
3
STATE OF OKLAHOMA,
(ACKNOWLEDGMENT FOR INDIVIDUAL)
Country of Oklahoma
-----------
Before me, the undersigned, a Notary Public, in and for said County and State,
on this 16th day of December, 1983 personally appeared Xxxx XxXxxxx a/k/a Xxxx
Xxxxxxxx, now XxXxxxx, as heir and devisee under will or Xxxxxx Xxxxxxx,
deceased personally known to me to be the identical person... who executed the
within and foregoing instrument, and acknowledged to me that she executed the
same as her free and voluntary act and deed, for the uses and purposes therein
set forth.
IN WITNESS WHEREOF, I have hereunto set my official signature and affixed my
official seal the day and year first above written.
-------------------------
My commission expires Notary Public
-------------------------------
--------------------------------------------------------------------------------
STATE OF OKLAHOMA,
(ACKNOWLEDGMENT FOR INDIVIDUAL)
Country of
---------------------
Before me, the undersigned, a Notary Public, in and for said County and State,
on this day of , 19 personally appeared personally known to me to be the
identical person... who executed the within and foregoing instrument, and
acknowledged to me that executed the same as free and voluntary act and deed,
for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my official signature and affixed my
official seal the day and year first above written.
---------------------
My commission expires Notary Public
-------------------------------
--------------------------------------------------------------------------------
4
No. 275677
Oil and Gas Lease
FROM
---------------------------------------
---------------------------------------
TO
---------------------------------------
---------------------------------------
Date , 19
Section , Township , Range
County, Oklahoma
---------------------------------------
No. of Acres Term STATE OF
OKLAHOMA, County of
Okfuskee
This instrument was filed for record on the 11 day
---------------------------------------
of January, 1984
---------------------------------------
at 2:40 o'clock PM and duly recorded
---------------------------------------
in book 682 page 446 of the
---------------------------------------
records of this office.
County Clerk
By
Deputy
Record and Mail to:
---------------------------------------
---------------------------------------
--------------------------------------------------------------------------------
STATE OF OKLAHOMA,
(ACKNOWLEDGMENT FOR INDIVIDUAL)
Country of
-------------------------------------------
Before me, the undersigned, a Notary Public, in and for said County and State,
on this day of , 19__ personally appeared personally known to me to be the
identical person... who executed the within and foregoing instrument, and
acknowledged to me that executed the same as free and voluntary act and deed,
for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my official signature and affixed my
official seal the day and year first above written.
-------------------------------
My commission expires Notary Public
-------------------------------
5
275678 448
--------------------------------------------------------------------------------
Lease #2
OIL AND GAS LEASE
(PAID-UP)
-----------------
AGREEMENT, Made and entered into this 16th day of December, 1983, by and between
Xxxx Xxxxxx, as heir and devisee under will of Xxxxxx Xxxxxxx, deceased 000 Xxxx
0xx Xxxxxxxxxxx, Xxxxxxxx 00000. Party of the first part, hereinafter called
lessor (whether one or more). And Xxxxxxx X. Xxxxx X.X. Xxx 00 Xxxxxx, Xxxxxxxx
00000, party of the second part, hereinafter called lessee.
WITNESSETH, That the said lessor, for and in consideration of Ten and Other
Dollars, cash in hand paid, receipt of which hereby acknowledged and of the
covenants and agreements hereinafter contained on the part of lessee to be paid,
kept and performed, has granted, demised, leased and let and by these presents
does grant, demise, lease and let unto the said lessee, for the sole and only
purpose of exploring by geophysical and other methods, mining and operating for
oil (including but not limited to distillate and condensate), gas (including
casinghead gas and helium and all other constituents0, and for laying pipe
lines, and building tanks, powers, stations and structures thereon, to produce,
save and take care of said products, all that certain tract of land, together
with any reversionary rights therein, situated in the County of Okfuskee State
of Oklahoma, described as follows, to wit: The East Half (E/2) of Xxxxxxx 00,
Xxxxxxxx 00Xxxxx, Xxxxx 0Xxxx, and containing 320.00 acres, more or less.
It is agreed that this lease shall remain in force for a term of One (1) years
from date (herein call primary term) and as long thereafter as oil or gas, or
either of them, is produced from said land by the lessee.
In consideration of the premises the said lessee covenants and agrees:
1st. To deliver to the credit of lessor free of cost, in the pipe line to which
it may connect its xxxxx, the 5/32 part of all oil (including but not limited to
condensate and distillate) produced and saved from the leased premises. 2nd. To
pay lessor for gas of whatsoever nature or kind (with all of its constituents)
produced and sold or used off the leased premises, or used in the manufacture of
products therefrom, 5/32 of the gross proceeds received for the gas sold, used
off the premises, or in the manufacture of products therefrom, but in no event
more than 5/32 of the actual amount received by the lessee, said payments to be
made monthly, During any period (whether before or after expiration of the
primary term hereof) when gas is not being so sold or used and the well or xxxxx
are shut in and there is no current production of oil or operations on said
leased premises sufficient to keep this lease in force, lessee shall pay or
tender a royalty of One Dollar ($1.00) per year per net royalty acre retained
hereunder, such payment or tender to be made, on or before the anniversary date
of this lease next ensuing after the expiration of ninety (90) days from the
date such well is shut in and thereafter on the anniversary date of this lease
during the period such well is shut in, to the royalty owners. When such payment
or tender is made it will be considered that gas is being produced within the
meaning of the entire lease. Lessor shall have the privilege at his risk and
expense of using gas from any well, producing gas only, on the leased premises
for stoves and inside lights in the principal dwelling thereon out of any
surplus gas not needed for operations hereunder.
3rd. To pay lessor for gas produced from any oil well and used off the premises,
or for the manufacture of casing-head gasoline or dry commercial gas, 5/32 of
6
the gross proceeds, at the mouth of the well, received by lessee for the gas
during the time such gas shall be used, said payments to be made monthly.
If the lessee shall commence to drill a well or commence reworking operations on
an existing well within the term of this lease or any extension thereof, or on
acreage pooled therewith, the lessee shall have the right to drill such well to
completion or complete reworking operations with reasonable diligence and
dispatch, and if oil or gas, or either of them, be found in paying quantities,
this lease shall continue and be in force with like effect as if such well had
been completed within the term of years first mentioned.
Lessee is hereby granted the right at any time and from time to time to unitize
the leased premises or any portion or portions thereof, as to all strata or any
stratum or strata, with any other lands as to all strata or any stratum or
strata, for the productions primarily of oil or primarily of gas with or without
distillate. However, no unit for the production primarily of oil shall embrace
more than 80 acres, or for the production primarily of gas with or without
distillate more than 640 acres; provided that if any governmental regulation
shall prescribe a spacing pattern for the development of the field or allocate a
producing allowable based on acreage per well, then any such unit may embrace as
much additional acreage as may be so prescribed or as may be used in such
allocation of allowable. Lessee shall file written unit designations in the
county in which the leased premises are located. Operations upon and production
from the unit shall be treated as if such operations were upon or such
production were from the leased premises whether or not the well or xxxxx are
located thereon. The entire acreage within a unit shall be treated for all
purposes as if it were covered by and included in this lease except that the
royalty on production from the unit shall be as below provided, and except that
in calculating the amount of any shut in gas royalties, only the part of the
acreage originally leased and then actually embraced by this lease shall be
counted. In respect to production from the unit, Lessee shall pay Lessor, in
lieu of other royalties thereon, only such proportion of the royalties
stipulated herein as the amount of his acreage placed in the unit, or his
royalty interest therein on an acreage basis bears to the total acreage in the
unit.
If said lessor owns a less interest in the above described land than the entire
and undivided fee simple estate therein, then the royalties herein provided
shall be paid the lessor only in the proportion which his interest bears to the
whole and undivided fee.
Lessee shall have the right to use, free of cost, gas, oil and water produced on
said land for its operations thereon, except water from xxxxx of lessor.
When requested by the lessor, lessee shall bury his pipe lines below plow depth.
No well shall be drilled nearer than 200 feet to the house or barn now on said
premises, without the written consent of the lessor.
Lessee shall pay for all damages caused by its operations to growing crops on
said land.
Lessee shall have the right at any tie to remove all machinery and fixtures
placed on said premises, including the right to draw and remove casing.
If the estate of either party hereto is assigned, and the privilege of assigning
in whole or in part is expressly allowed, the covenants hereof shall extend to
their heirs, executors, administrators, successors or assigns. However, no
change or division in ownership of the land or royalties shall enlarge the
obligations or diminish the rights of Lessee. No change in the ownership of the
7
land or royalties shall be binding on the lessee until after the lessee has been
furnished with a written transfer or assignment or a true copy thereof. In case
lessee assigns this lease, in whole or in part, lessee shall be relieved of all
obligations with respect to the assigned portion or portions arising subsequent
to the date of assignment.
All express or implied covenants of this lease shall be subject to all Federal
and State Laws, Executive Orders, Rules and Regulations and this lease shall not
be terminated, in whole or in part, nor lessee held liable in damages, for
failure to comply therewith, if compliance is prevented by, or such failure is
the result of any such Law, Order, Rule or Regulation.
This lease shall be effective as to each lessor on execution hereof as to his or
her interest and shall be binding on those signing, notwithstanding some of the
lessor above named may not join in the execution hereof. The word "Lessor" as
used in this lease means the party or parties who execute this lease as Lessor,
although not named above.
Lessee may at any time and from time to time surrender this lease as to any part
or parts of the leased premises by delivering or mailing a release thereof to
lessor, or by placing a release of record in the proper County.
Lessor hereby warrants and agrees to defend the title to the lands herein
described, and agrees that the lessee shall have the right at any time to redeem
for lessor by payment any mortgages, taxes or other liens on the above described
lands, in the event of default of payment by lessor, and be subrogated to the
rights of the holder thereof.
IN TESTIMONY WHEREOF, we sign this the 16th day of December, 1983
---- -------- ----
--------------------------------
Lessor
8
STATE OF OKLAHOMA,
(ACKNOWLEDGMENT FOR INDIVIDUAL)
Country of Oklahoma
-----------------------
Before me, the undersigned, a Notary Public, in and for said County and State,
on this 16th day of December, 1983 personally appeared Xxxx Xxxxxx, as heir and
devisee under will or Xxxxxx Xxxxxxx, deceased personally known to me to be the
identical person... who executed the within and foregoing instrument, and
acknowledged to me that he executed the same as his free and voluntary act and
deed, for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my official signature and affixed my
official seal the day and year first above written.
------------------------------
My commission expires Notary Public
--------------------
--------------------------------------------------------------------------------
STATE OF OKLAHOMA,
(ACKNOWLEDGMENT FOR INDIVIDUAL)
Country of
--------------------------------
Before me, the undersigned, a Notary Public, in and for said County and State,
on this day of , 19 personally appeared personally known to me to be the
identical person... who executed the within and foregoing instrument, and
acknowledged to me that executed the same as free and voluntary act and deed,
for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my official signature and affixed my
official seal the day and year first above written.
-----------------------------
My commission expires Notary Public
--------------------
--------------------------------------------------------------------------------
9
No. 275678
Oil and Gas Lease
FROM
---------------------------------------
---------------------------------------
TO
---------------------------------------
---------------------------------------
Date , 19
Section , Township , Range
County, Oklahoma
---------------------------------------
No. of Acres Term STATE OF
OKLAHOMA, County of
Okfuskee
This instrument was filed for record on the 11 day
---------------------------------------
of January, 1984
---------------------------------------
at 2:40 o'clock PM and duly recorded
---------------------------------------
in book 682 page 448 of the
---------------------------------------
records of this office.
County Clerk
By
Deputy
Record and Mail to:
---------------------------------------
---------------------------------------
--------------------------------------------------------------------------------
STATE OF OKLAHOMA,
(ACKNOWLEDGMENT FOR INDIVIDUAL)
Country of
-------------------------------------------
Before me, the undersigned, a Notary Public, in and for said County and State,
on this day of , 19__ personally appeared personally known to me to be the
identical person... who executed the within and foregoing instrument, and
acknowledged to me that executed the same as free and voluntary act and deed,
for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my official signature and affixed my
official seal the day and year first above written.
-----------------------------
My commission expires Notary Public
-------------------------------
10
275679 450
--------------------------------------------------------------------------------
Lease #3
OIL AND GAS LEASE
(PAID-UP)
-----------------
AGREEMENT, Made and entered into this 16th day of December, 1983, by and between
Xxxxxx X. Xxxxxx and Xxxxx X. Xxxxxx, widow 0000 Xxxxxxxx xx Xxxxxxx
Xxxxxxxxxxx, Xxxxxxxx 00000. Party of the first part, hereinafter called lessor
(whether one or more). And Xxxxxxx X. Xxxxx X.X. Xxx 00 Xxxxxx, Xxxxxxxx 00000,
party of the second part, hereinafter called lessee.
WITNESSETH, That the said lessor, for and in consideration of Ten and Other
Dollars, cash in hand paid, receipt of which hereby acknowledged and of the
covenants and agreements hereinafter contained on the part of lessee to be paid,
kept and performed, has granted, demised, leased and let and by these presents
does grant, demise, lease and let unto the said lessee, for the sole and only
purpose of exploring by geophysical and other methods, mining and operating for
oil (including but not limited to distillate and condensate), gas (including
casinghead gas and helium and all other constituents0, and for laying pipe
lines, and building tanks, powers, stations and structures thereon, to produce,
save and take care of said products, all that certain tract of land, together
with any reversionary rights therein, situated in the County of Okfuskee State
of Oklahoma, described as follows, to wit: The East Half (E/2) of Xxxxxxx 00,
Xxxxxxxx 00Xxxxx, Xxxxx 0Xxxx, and containing 320.00 acres, more or less.
It is agreed that this lease shall remain in force for a term of One (1) years
from date (herein call primary term) and as long thereafter as oil or gas, or
either of them, is produced from said land by the lessee.
In consideration of the premises the said lessee covenants and agrees:
1st. To deliver to the credit of lessor free of cost, in the pipe line to which
it may connect its xxxxx, the 5/32 part of all oil (including but not limited to
condensate and distillate) produced and saved from the leased premises.
2nd. To pay lessor for gas of whatsoever nature or kind (with all of its
constituents) produced and sold or used off the leased premises, or used in the
manufacture of products therefrom, 5/32 of the gross proceeds received for the
gas sold, used off the premises, or in the manufacture of products therefrom,
but in no event more than 5/32 of the actual amount received by the lessee, said
payments to be made monthly, During any period (whether before or after
expiration of the primary term hereof) when gas is not being so sold or used and
the well or xxxxx are shut in and there is no current production of oil or
operations on said leased premises sufficient to keep this lease in force,
lessee shall pay or tender a royalty of One Dollar ($1.00) per year per net
royalty acre retained hereunder, such payment or tender to be made, on or before
the anniversary date of this lease next ensuing after the expiration of ninety
(90) days from the date such well is shut in and thereafter on the anniversary
date of this lease during the period such well is shut in, to the royalty
owners. When such payment or tender is made it will be considered that gas is
being produced within the meaning of the entire lease. Lessor shall have the
privilege at his risk and expense of using gas from any well, producing gas
only, on the leased premises for stoves and inside lights in the principal
dwelling thereon out of any surplus gas not needed for operations hereunder.
3rd. To pay lessor for gas produced from any oil well and used off the premises,
or for the manufacture of casing-head gasoline or dry commercial gas, 5/32 of
11
the gross proceeds, at the mouth of the well, received by lessee for the gas
during the time such gas shall be used, said payments to be made monthly.
If the lessee shall commence to drill a well or commence reworking operations on
an existing well within the term of this lease or any extension thereof, or on
acreage pooled therewith, the lessee shall have the right to drill such well to
completion or complete reworking operations with reasonable diligence and
dispatch, and if oil or gas, or either of them, be found in paying quantities,
this lease shall continue and be in force with like effect as if such well had
been completed within the term of years first mentioned.
Lessee is hereby granted the right at any time and from time to time to unitize
the leased premises or any portion or portions thereof, as to all strata or any
stratum or strata, with any other lands as to all strata or any stratum or
strata, for the productions primarily of oil or primarily of gas with or without
distillate. However, no unit for the production primarily of oil shall embrace
more than 80 acres, or for the production primarily of gas with or without
distillate more than 640 acres; provided that if any governmental regulation
shall prescribe a spacing pattern for the development of the field or allocate a
producing allowable based on acreage per well, then any such unit may embrace as
much additional acreage as may be so prescribed or as may be used in such
allocation of allowable. Lessee shall file written unit designations in the
county in which the leased premises are located. Operations upon and production
from the unit shall be treated as if such operations were upon or such
production were from the leased premises whether or not the well or xxxxx are
located thereon. The entire acreage within a unit shall be treated for all
purposes as if it were covered by and included in this lease except that the
royalty on production from the unit shall be as below provided, and except that
in calculating the amount of any shut in gas royalties, only the part of the
acreage originally leased and then actually embraced by this lease shall be
counted. In respect to production from the unit, Lessee shall pay Lessor, in
lieu of other royalties thereon, only such proportion of the royalties
stipulated herein as the amount of his acreage placed in the unit, or his
royalty interest therein on an acreage basis bears to the total acreage in the
unit.
If said lessor owns a less interest in the above described land than the entire
and undivided fee simple estate therein, then the royalties herein provided
shall be paid the lessor only in the proportion which his interest bears to the
whole and undivided fee.
Lessee shall have the right to use, free of cost, gas, oil and water produced on
said land for its operations thereon, except water from xxxxx of lessor.
When requested by the lessor, lessee shall bury his pipe lines below plow depth.
No well shall be drilled nearer than 200 feet to the house or barn now on said
premises, without the written consent of the lessor.
Lessee shall pay for all damages caused by its operations to growing crops on
said land.
Lessee shall have the right at any tie to remove all machinery and fixtures
placed on said premises, including the right to draw and remove casing.
If the estate of either party hereto is assigned, and the privilege of assigning
in whole or in part is expressly allowed, the covenants hereof shall extend to
their heirs, executors, administrators, successors or assigns. However, no
change or division in ownership of the land or royalties shall enlarge the
obligations or diminish the rights of Lessee. No change in the ownership of the
12
land or royalties shall be binding on the lessee until after the lessee has been
furnished with a written transfer or assignment or a true copy thereof. In case
lessee assigns this lease, in whole or in part, lessee shall be relieved of all
obligations with respect to the assigned portion or portions arising subsequent
to the date of assignment.
All express or implied covenants of this lease shall be subject to all Federal
and State Laws, Executive Orders, Rules and Regulations and this lease shall not
be terminated, in whole or in part, nor lessee held liable in damages, for
failure to comply therewith, if compliance is prevented by, or such failure is
the result of any such Law, Order, Rule or Regulation.
This lease shall be effective as to each lessor on execution hereof as to his or
her interest and shall be binding on those signing, notwithstanding some of the
lessor above named may not join in the execution hereof. The word "Lessor" as
used in this lease means the party or parties who execute this lease as Lessor,
although not named above.
Lessee may at any time and from time to time surrender this lease as to any part
or parts of the leased premises by delivering or mailing a release thereof to
lessor, or by placing a release of record in the proper County.
Lessor hereby warrants and agrees to defend the title to the lands herein
described, and agrees that the lessee shall have the right at any time to redeem
for lessor by payment any mortgages, taxes or other liens on the above described
lands, in the event of default of payment by lessor, and be subrogated to the
rights of the holder thereof.
IN TESTIMONY WHEREOF, we sign this the 16th day of December, 1983
---- -------- ----
---------------------------
Lessor
13
STATE OF OKLAHOMA,
(ACKNOWLEDGMENT FOR INDIVIDUAL)
Country of Oklahoma
---------
Before me, the undersigned, a Notary Public, in and for said County and State,
on this 16th day of December, 1983 personally appeared Xxxxxx X. Xxxxxx and
Xxxxx X. Xxxxxx, widow personally known to me to be the identical person... who
executed the within and foregoing instrument, and acknowledged to me that they
executed the same as their free and voluntary act and deed, for the uses and
purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my official signature and affixed my
official seal the day and year first above written.
-------------------------
My commission expires Notary Public
-------------------------------
--------------------------------------------------------------------------------
STATE OF OKLAHOMA,
(ACKNOWLEDGMENT FOR INDIVIDUAL)
Country of
-------------
Before me, the undersigned, a Notary Public, in and for said County and State,
on this day of , 19 personally appeared personally known to me to be the
identical person... who executed the within and foregoing instrument, and
acknowledged to me that executed the same as free and voluntary act and deed,
for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my official signature and affixed my
official seal the day and year first above written.
---------------------------
My commission expires Notary Public
-------------------------------
--------------------------------------------------------------------------------
14
No. 275679
Oil and Gas Lease
FROM
---------------------------------------
---------------------------------------
TO
---------------------------------------
---------------------------------------
Date , 19
Section , Township , Range
County, Oklahoma
---------------------------------------
No. of Acres Term STATE OF
OKLAHOMA, County of
Okfuskee
This instrument was filed for record on the 11 day
---------------------------------------
of January, 1984
---------------------------------------
at 2:40 o'clock PM and duly recorded
---------------------------------------
in book 682 page 450 of the
---------------------------------------
records of this office.
County Clerk
By
Deputy
Record and Mail to:
---------------------------------------
---------------------------------------
--------------------------------------------------------------------------------
STATE OF OKLAHOMA,
(ACKNOWLEDGMENT FOR INDIVIDUAL)
Country of
--------------
Before me, the undersigned, a Notary Public, in and for said County and State,
on this day of , 19___ personally appeared personally known to me to be the
identical person... who executed the within and foregoing instrument, and
acknowledged to me that executed the same as free and voluntary act and deed,
for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my official signature and affixed my
official seal the day and year first above written.
My commission expires__________________________
15
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Lease #4
OIL AND GAS LEASE
(PAID-UP)
-----------------
AGREEMENT, Made and entered into this 16th day of December, 1983, by and between
Xxxx Xxxxxxx Xxxxxx, Individually and as heir and devisee under will of Xxxxxx
Xxxxxxx, deceased 000 X. Xxxxxx Xxxxxxxxxxx, Xxxx 00000. Party of the first
part, hereinafter called lessor (whether one or more). And Xxxxxxx X. Xxxxx X.X.
Xxx 00 Xxxxxx, Xxxxxxxx 00000, party of the second part, hereinafter called
lessee.
WITNESSETH, That the said lessor, for and in consideration of Ten and Other
Dollars, cash in hand paid, receipt of which hereby acknowledged and of the
covenants and agreements hereinafter contained on the part of lessee to be paid,
kept and performed, has granted, demised, leased and let and by these presents
does grant, demise, lease and let unto the said lessee, for the sole and only
purpose of exploring by geophysical and other methods, mining and operating for
oil (including but not limited to distillate and condensate), gas (including
casinghead gas and helium and all other constituents0, and for laying pipe
lines, and building tanks, powers, stations and structures thereon, to produce,
save and take care of said products, all that certain tract of land, together
with any reversionary rights therein, situated in the County of Okfuskee State
of Oklahoma, described as follows, to wit: The East Half (E/2) of Xxxxxxx 00,
Xxxxxxxx 00Xxxxx, Xxxxx 0Xxxx, and containing 320.00 acres, more or less.
It is agreed that this lease shall remain in force for a term of One (1) years
from date (herein call primary term) and as long thereafter as oil or gas, or
either of them, is produced from said land by the lessee.
In consideration of the premises the said lessee covenants and agrees:
1st. To deliver to the credit of lessor free of cost, in the pipe line to which
it may connect its xxxxx, the 5/32 part of all oil (including but not limited to
condensate and distillate) produced and saved from the leased premises. 2nd. To
pay lessor for gas of whatsoever nature or kind (with all of its constituents)
produced and sold or used off the leased premises, or used in the manufacture of
products therefrom, 5/32 of the gross proceeds received for the gas sold, used
off the premises, or in the manufacture of products therefrom, but in no event
more than 5/32 of the actual amount received by the lessee, said payments to be
made monthly, During any period (whether before or after expiration of the
primary term hereof) when gas is not being so sold or used and the well or xxxxx
are shut in and there is no current production of oil or operations on said
leased premises sufficient to keep this lease in force, lessee shall pay or
tender a royalty of One Dollar ($1.00) per year per net royalty acre retained
hereunder, such payment or tender to be made, on or before the anniversary date
of this lease next ensuing after the expiration of ninety (90) days from the
date such well is shut in and thereafter on the anniversary date of this lease
during the period such well is shut in, to the royalty owners. When such payment
or tender is made it will be considered that gas is being produced within the
meaning of the entire lease. Lessor shall have the privilege at his risk and
expense of using gas from any well, producing gas only, on the leased premises
for stoves and inside lights in the principal dwelling thereon out of any
surplus gas not needed for operations hereunder.
3rd. To pay lessor for gas produced from any oil well and used off the premises,
or for the manufacture of casing-head gasoline or dry commercial gas, 5/32 of
the gross proceeds, at the mouth of the well, received by lessee for the gas
during the time such gas shall be used, said payments to be made monthly. If the
16
lessee shall commence to drill a well or commence reworking operations on an
existing well within the term of this lease or any extension thereof, or on
acreage pooled therewith, the lessee shall have the right to drill such well to
completion or complete reworking operations with reasonable diligence and
dispatch, and if oil or gas, or either of them, be found in paying quantities,
this lease shall continue and be in force with like effect as if such well had
been completed within the term of years first mentioned.
Lessee is hereby granted the right at any time and from time to time to unitize
the leased premises or any portion or portions thereof, as to all strata or any
stratum or strata, with any other lands as to all strata or any stratum or
strata, for the productions primarily of oil or primarily of gas with or without
distillate. However, no unit for the production primarily of oil shall embrace
more than 80 acres, or for the production primarily of gas with or without
distillate more than 640 acres; provided that if any governmental regulation
shall prescribe a spacing pattern for the development of the field or allocate a
producing allowable based on acreage per well, then any such unit may embrace as
much additional acreage as may be so prescribed or as may be used in such
allocation of allowable. Lessee shall file written unit designations in the
county in which the leased premises are located. Operations upon and production
from the unit shall be treated as if such operations were upon or such
production were from the leased premises whether or not the well or xxxxx are
located thereon. The entire acreage within a unit shall be treated for all
purposes as if it were covered by and included in this lease except that the
royalty on production from the unit shall be as below provided, and except that
in calculating the amount of any shut in gas royalties, only the part of the
acreage originally leased and then actually embraced by this lease shall be
counted. In respect to production from the unit, Lessee shall pay Lessor, in
lieu of other royalties thereon, only such proportion of the royalties
stipulated herein as the amount of his acreage placed in the unit, or his
royalty interest therein on an acreage basis bears to the total acreage in the
unit.
If said lessor owns a less interest in the above described land than the entire
and undivided fee simple estate therein, then the royalties herein provided
shall be paid the lessor only in the proportion which his interest bears to the
whole and undivided fee.
Lessee shall have the right to use, free of cost, gas, oil and water produced on
said land for its operations thereon, except water from xxxxx of lessor.
When requested by the lessor, lessee shall bury his pipe lines below plow depth.
No well shall be drilled nearer than 200 feet to the house or barn now on said
premises, without the written consent of the lessor. Lessee shall pay for all
damages caused by its operations to growing crops on said land.
Lessee shall have the right at any tie to remove all machinery and fixtures
placed on said premises, including the right to draw and remove casing.
If the estate of either party hereto is assigned, and the privilege of assigning
in whole or in part is expressly allowed, the covenants hereof shall extend to
their heirs, executors, administrators, successors or assigns. However, no
change or division in ownership of the land or royalties shall enlarge the
obligations or diminish the rights of Lessee. No change in the ownership of the
land or royalties shall be binding on the lessee until after the lessee has been
furnished with a written transfer or assignment or a true copy thereof. In case
lessee assigns this lease, in whole or in part, lessee shall be relieved of all
obligations with respect to the assigned portion or portions arising subsequent
to the date of assignment.
17
All express or implied covenants of this lease shall be subject to all Federal
and State Laws, Executive Orders, Rules and Regulations and this lease shall not
be terminated, in whole or in part, nor lessee held liable in damages, for
failure to comply therewith, if compliance is prevented by, or such failure is
the result of any such Law, Order, Rule or Regulation.
This lease shall be effective as to each lessor on execution hereof as to his or
her interest and shall be binding on those signing, notwithstanding some of the
lessor above named may not join in the execution hereof. The word "Lessor" as
used in this lease means the party or parties who execute this lease as Lessor,
although not named above.
Lessee may at any time and from time to time surrender this lease as to any part
or parts of the leased premises by delivering or mailing a release thereof to
lessor, or by placing a release of record in the proper County.
Lessor hereby warrants and agrees to defend the title to the lands herein
described, and agrees that the lessee shall have the right at any time to redeem
for lessor by payment any mortgages, taxes or other liens on the above described
lands, in the event of default of payment by lessor, and be subrogated to the
rights of the holder thereof.
IN TESTIMONY WHEREOF, we sign this the 16th day of December, 1983
---- -------- ----
-------------------------
Lessor
18
STATE OF OKLAHOMA,
(ACKNOWLEDGMENT FOR INDIVIDUAL)
Country of Oklahoma
------------------------------------------
Before me, the undersigned, a Notary Public, in and for said County and State,
on this 16th day of December, 1983 personally appeared Xxxx Xxxxxxx Xxxxxx,
Individually and as heir and devisee under will of Xxxxxx Xxxxxxx, deceased
personally known to me to be the identical person... who executed the within and
foregoing instrument, and acknowledged to me that she executed the same as her
free and voluntary act and deed, for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my official signature and affixed my
official seal the day and year first above written.
---------------------------
My commission expires Notary Public
-------------------------------
--------------------------------------------------------------------------------
STATE OF OKLAHOMA,
(ACKNOWLEDGMENT FOR INDIVIDUAL)
Country of
-------------------
Before me, the undersigned, a Notary Public, in and for said County and State,
on this day of , 19__ personally appeared personally known to me to be the
identical person... who executed the within and foregoing instrument, and
acknowledged to me that executed the same as free and voluntary act and deed,
for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my official signature and affixed my
official seal the day and year first above written.
-----------------------------
My commission expires Notary Public
-------------------------------
--------------------------------------------------------------------------------
19
No. 275680
Oil and Gas Lease
FROM
---------------------------------------
---------------------------------------
TO
---------------------------------------
---------------------------------------
Date , 19
Section , Township , Range
County, Oklahoma
---------------------------------------
No. of Acres Term STATE OF
OKLAHOMA, County of
Okfuskee
This instrument was filed for record on the 11 day
---------------------------------------
of January, 1984
---------------------------------------
at 2:40 o'clock PM and duly recorded
---------------------------------------
in book 682 page 452 of the
---------------------------------------
records of this office.
County Clerk
By
Deputy
Record and Mail to:
---------------------------------------
---------------------------------------
--------------------------------------------------------------------------------
STATE OF OKLAHOMA,
(ACKNOWLEDGMENT FOR INDIVIDUAL)
Country of
----------------
Before me, the undersigned, a Notary Public, in and for said County and State,
on this day of , 19__ personally appeared personally known to me to be the
identical person... who executed the within and foregoing instrument, and
acknowledged to me that executed the same as free and voluntary act and deed,
for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my official signature and affixed my
official seal the day and year first above written.
My commission expires__________________________
20
