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� � i�F� � ��.�. �.�.�1 ��.� �L��.�� 7I62B-OMAHA PRINTINO COMIANY STATE OF NEBR.ASKA . ss. . FROM Cou�at� of HaZ1 This instrume�it was,�led for record • Herbert V. Rath,je � onthe 17 dayof July 19 �2 at 10:30 o'clocic A. M., Minni� E. Rat h�E; and duly recorded in Boolc ��QN Page 1,2.5 of tl�e r ds of thi o,�'ie TO �uy J. �ope I�cg��ste of Deeds. �� By C omr��enc e AGREEMENT, Made and enfered into this 13�h day of Ju�-Y , 19 Sl , by and between Herbert V. Rath,�e and Minnie E. `Rath,�� (Husband and wife) Pcxrt�o,�t�e first part, hereinafter ealled lessnr (wlaether one or more) and Guy J. C ope Party of tlae seeond part, hereinafter called lessee. WITNESSETH, That the said lessor,for and in eonsideration of ��0.7,� Dollars cash in hand paid,receipt of whieh is hereby acknowledged,and of the covenunts and aqreements hereinafter contained on the part of lessee to be paid, kept and performed, has granted, demised, leased and let and by tlaese presents does grant, demise, lease and let unto said lessee,for the sole a�d only purpose of 7r�ining and operating for oil and gas, and laying pipe lines, and buildin� tanks, power stations and structures thereon to produce, � save and take eare of said products, all that certain tract of land situated in the County of H�-Z State of Nebraska, • described as follows, to-wit: ' South Half of the south west Quarter of section 20, Lots l, 2, 3 and k of sec�ion 19, A11 in Tti,r�. 9 North, Ran�e 11 West. Lo�s 1 and 2 of section 25, TwP. 9, Nor�h, R�,nge 12 We,t. I of Seetion , Township ,Range , and eontaining 3 0(.�0 aeres, more or less. It is agreed that this lease shall remain in full foree for u term of F'�-t''E years from this date, and as long thereafter as oil or gas, or either of them, is produced from said land by the lessee. In eonsideration 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 he may eonnect lais wells, the equal one-eighth (%) part of all ail produeed and saved from the leased premises. 2nd. To pay lessor for qas from eaeji well where gas only is found, t1�e equal one-ei,qhth (%) of the gross proceeds a� the prevailing market • rate,for all gas used o,�'the premises,said payments to be made Mor,th�y and lessor to have gas free of eost from any sueh well for all stoves and all inside lights in the principal dwelling hou.se o�a said land durinq tlae same time by making his own eonnections with the well at his own risk and expense. 3rd. To Pay lessor for gas produeed from any oil well and used o,�}'tice premises, or for the manufacture of cusinghead gasoline, one-eighth (%) of the proceeds at the prevailinq marlcet rate for the gas used, for the time durin� whi�ch such qas shall be ��sed said payments to be m� Monthly , If no well be commenced on said land on or before the 7-�t day of A��nt 19 S2 , this lease shall terminate as to both parties, zinless the lessee on or before thut �Zr�te shall pa� nr tender to the lessor, �r to the lessor's credit in The �ommereial Nationa.3. Baryak at Grand Ts1�.nd, 1Vebr, or its suceessars, zvhicli sltall continue as tlae depository regardless of clianges in the ownersjiip of said land, the sum of �153•�j Dollars whieh shall operate as a rental and cover the privileqe of deferring the eommencement of a well for 12 months from said dcate. In like manner and upon like payments or te�aders the commencement of a well may be furtlaer deferred for like periods or the same number of months suc- , cessivel�. And it is understood and agreed that the consideration first recited herein, the down payment covers not only the privileges granted to the date 2vhen said first rental is payable as aforesaid, but also the lessee's option of extending that period as aforesaid, and any and all other rights conferred. Should the first well drilled on the above deseribed land be a dry hole, then, and in that event, if a second well is not�ommeneed on said land within twelve months,from the expiration of the last rental Period for whieh rental has been paid,this lease sliall terminate as to both parties, unless the lessee on or before the expiration of said twelve months shall resume the payment of rentals in the same amount and in the same manner as herein- , before provided. And it is aqreed that upon the resumption of the payment of rentals, as above provided, that the last preceding paragraph hereof, I qoverninq the payment of rentals and the e,�j'ect thereof, shall continue in force just as tlaough there had been no interruption in the rental payments. ', If said lessor awns a less interest in the above deser�ibed la7ad than the entire and undivided fee simple estate therein, then t)te royalties and ' rerttals herein provided shall be paid the lessor only i7a the proportion which his interest bears to tlte whole and undivided fee. , Lessee shall have riqht to use,free of cost, gas,oil, and water produeed on said land for its operation thereon, exeept water from wells of lessor. When requested U�� 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 eonsent of the lessor. ', Lessee shall pay for damages caused by its operations to growing crops on said land. j Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and ' remove easing. If the lessee shall commence to drill a well w�ithin the term of this lease or any extension thereof, the lessee shall have the rigltt to drill such well to eompletion with reasonable diligence and dispatch, and if ozl or qus, or either of them, be found in paying quantities, this lectse shall eontinue and be in force with the like e,�'eet as if sueh well had been completed within the term of years yeerein first mentioned.