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<br /> � B -I- OIL AND GAS LEASE
<br /> � ,�
<br /> Form 88�(Producers) (NEBRASKA)
<br /> 21282—The Augustine Co., County Suppliea, Grand Island, Nebr.
<br /> FROM THE STATE OF NEBRASKA
<br /> Ss.
<br /> H81.1 �.'ounty,
<br /> A�nes eT.tiValker et', a1 I liereby certify that tl�is instrument was entered on Numerical Index, mid filed
<br /> for record t��s 25 day o{ October 19�1 .
<br /> TO at 9 o'clock A. M. ��� ���'
<br /> Register of Ueeds.
<br /> The Carter O3I Co�^_1p&21y � Deputy.
<br /> Fees, $ 2,2�
<br /> i
<br /> Commence
<br /> AGREEMENT, Made and entered into this 6'fitl day of October . t9 �1. , by and between
<br /> __ _
<br />' Agnes J.l�alker,a widov�;Donald J.Walksr,a aingle man; Route #1,Shelton,Nebra�ka;Mar,jor3e E.
<br />� S�ahr and John F.Spahr,tier hueband,1505-Sth Ave. ,Yearney,Nebr.
<br /> Party o f tTie f irst part, hereinaf ter called lessor(wh.ether one or more)and
<br /> TYI.e Carter 011 Compt�ny Part 3/ of the second part, hereinafter ca[led lessee,
<br /> WITNESS$TH. That the said lessor, for and in consideration o{ Ten 8.I1C�, 210�ZQ� — — — — — — — — — — — — — — — — DOLLARS,
<br /> cash in hand paid, receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter contained on tl�e part of lessee to be paid Izept, and per-
<br /> formecl, l�as granted, demised, leased and let and by these presents does grant, demise, lease and Iet unto said Iessee,for the sole and only purpose of mining and operating
<br /> for oil anc�gas, anc� Iaying pipe lines, ancl builcling tanlzs, power stations ancT structures thereon to procluce,save ancl ta/ze care of saicI proclucts,all that certain tract of Iand
<br /> situatec�in the �.'ounty of H$l�. State of NEBRASKA cleseribecl as follows, to-wit:
<br /> The 5outhPQ�t (�uarter ( �E�)
<br /> of Section 1.9 Township g P?orth Range �.2 �G'8t'+ and containing 1�� acres, more or less.
<br /> It is agreed that th,is lease shall remain in fu�� {orce for a term of T en years f rom this date, and as Iong thereaf ter as oil or gas, or
<br /> either of them, is produced from said land by the Iessee.
<br /> In consideration of the premises the said lessee covenants and agrees:
<br /> ist. To cleliver to the creclit of lessor, free of cost, in the pipe Iine to wl�ich he may connect h.is wells, the equal one-eigltth (�) part of aII oiI produced and savecl
<br /> f rom tl�e leased premises.
<br /> �nd. To pay lessor for gas from each well where gas only is found the equal one-eighth (�/a) of the gross proceeds at the preuailing market rate, for all gas used off
<br /> the premises, saicl payments fo be made monthly
<br /> and lessor to have gas free of cost from any such well for alI stoves and all inside IigT�ts in the principal dwelling house on said Iand during the same time by malzing his
<br /> own connections with the well at his own risk and expense.
<br /> 3rd. To pay lessor for gas producecj from any oil well and used off the premises or in t�e manufacture of gasoline or any other procjuct a royalty of one-eighth
<br /> (1/a) of the market value, at the mouth of the well, payable montTily at the prevailing market price.
<br /> If no well be commenced on said land on or before tTie 6tt1 day of Oe tober . ig �2 , this lease shall
<br /> terminate as to both parties, unless tlie Iessee on or before that date shall pay or tender to the lessor,or to the Iessor's credit in The
<br /> F irs t S tate Bank at Shel t on,r1 ebras ka or its successors, wh��h shalI continue
<br /> as the depository regardless of changes in tlie ownership of said Iand, the sum of F"OY'ty and no/I00 — — — — — — — — — — _ _ DOLLARS,
<br /> which shall operate as a rental and cover tTie privilege o f def erring tlie commencement o f a well f or �-� months f rom said clate. In lilte manner and
<br /> upon lilze payments or tenders the commencement o f a well may be f urther def erred f or lilze periods o f the same number of months successively. All suclt payments or
<br /> tenders of rentaTs may be made by cl�eclz or draft of Iessee or any assignee thereof, mailed or delivered on or before the rental paying date, either direct to Tessor or assigns
<br /> or to said depository bank. And it is understood and agreed that the consideration f irst recited herein, the down payment, covers not only the privileges granted to the
<br /> clate when said first rental is payable as aforesaid, but also th.e lessee's option of extending that period as aforesaid, and any and all otl�er rights conferred.
<br /> Should the f irst well drilled on the above described land be a dry hole, then, and in that event, if a second well is not commenced on said Iand within twelve months
<br /> from tlie expiration of the last rental period for which rental has been paid, this lease shall terminate as to both parties, unless the lessee on or before the ezpiration of
<br /> sait� twelve months shall resume the payment of rentals in tl�e same amount and in the same manner as hereinbefore provided. And it is agreed that upon the resump-
<br /> tion of the payment of rentals, as above provided, that the last preceding paragraph hereof, governing the payment of rentals and the effect thereof, sl►all continue in
<br /> force just as thougT� there had been no interruption in the rental payments.
<br /> If said lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein, then the royalties and rentals herein provided
<br /> shall be paicl the lessor only in the proportion which his interest bears to the whole and undivided fee.
<br /> Lessee shall have the right to use, free of cost, gas, oil, and water produced on said land for its operation thereon, except water from wells of Iessor..
<br /> ' When requested by Iessor, lessee shall bury his pipe lines below plow depth.
<br /> No well shall be drilled nearer than 20o feet to tl�e house or barn now on saic�premises, witliout the written consent of the lessor.
<br /> I.essee shall pay for damages causec� by its operation to growing crops on said land.
<br /> Lessee shall have the rigl�t at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing.
<br /> 1 f the lessee shall commence to drill a well within the term of this lease or any e xtension thereof, the Iessee shall have the right to drill such well to completion with
<br /> reasonable diligence ancl dispatcl�, and if oil or gas, or eitTter of them, be found in paying quantities, this lease shall continue and be in force with tlie lilze effect as if
<br /> such well I�ad been completed within the term of years Iierein first mentioned.
<br /> 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
<br /> l�eirs, executors, administrators, successors or assigns, but no change in the ownership of the Iand or assignment of rentals or royalties shall be binding on the lessee until
<br /> af ter the lessee has been f urnished witli a written transf er or assignment or a true copy thereof; and it is hereby agreed in the event this Iease shall be aasigned as to a
<br /> part or as to parts of the above described lands and the assignee or assignees of such part or parts shall fail or make default in the payment of tFie proportionate part of
<br /> the rents due from him or them on an acreage basis, suc{� default shall not operate to clefeat or affect this lease in so far as it covers a part or parts of said lands upon
<br /> uihich the said lessee or any assignee thereo f shall make due payments o f said rentals. 1 f the leased premises are now or hereaf ter owned in severalty or in separate tracts,
<br /> the premises. nec�ertl�eless, may be deneloped and operated as an entirety, and the royalties shall be paid to eac�. separate owner in the proportion that the acreage owned , ?
<br /> by him bears to the entire, leasecl area. There sliall be no obligation on the part of the lessee to of fset wells on separate tracts into wTtich the land covered by this lease
<br /> � may hereaf ter be divided by sale, devise, or otherwise, or to f urnish separate measuring or receiving tanTzs f or the oiI produced f rom such separate tracts.
<br /> Lessor hereby warrants and agrees to defend the title`to the Tands herein described, and agrees that the lessee shall hane t1�e rigTit at any time to redeem for Iessor by
<br /> payment, any mortgages, taxes or other Iiens on the above described lands, in tl�e event of de{ault of payment by lessor, and be subrogated to the rights of the holder
<br /> thereof.
<br /> .._...-----�------------------------------------------�----Mr�..Agnes---J--�Wa����'..----......._(SEAL)
<br /> Signed, sealed and deliuered in presence of ............................................................Donald__J_._�Jalk�r__.__._........__...___�SEAL)
<br /> -�..........................................................John---F-�-��-�r-------------�------------.......(SEAL)
<br />�� C..6►.Fleetrvood-------------------------------------------------------- -�--....-----....--------�------......-----......._..------�'1ar�orie.--��..���ka.r---------�--._....._(SEAL)
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