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<br /> B -�-- OIL AND GAS LEASE �
<br /> Form 88.-�(Producers) (NEBR.ASKA)
<br /> 2L282—The AugusUne Co., County 8uppliea, Grand Island, Nebr.
<br /> FROM THE STATE OF NEBRASKA
<br /> ss.
<br /> csriton x.B�.y & wY Ha11 Counxy.
<br /> 1 hereby certif y th,at t�iis instrument was entered on Numerical Index, and f ilecl
<br /> for recorcl this 2� day o) October 19 �+1, •
<br /> TO at 9 . o°�ra�k �i.M. �,«�-[ ��
<br /> Register of Deeds.
<br /> The Carter O11. Company Deputy.
<br /> Fees, $ `2.��
<br /> �,'ommence
<br /> rv NGREEMENT,A2ade and entered into thls 6th day of October,1941,by and between �arlton H.
<br /> Hly and Del1a E.Aly,hle wiYe;Route ,�l,�oo-d River,Nebraska,Party of the YLrst part,hereinafter
<br /> called Ieeaor(whether� one ar r�ore)and The Carter Oil` Gompany Party of thg seeond psrt,hereinaf�er
<br /> called Ie��aee,t�T�P3�68�T�i,�hst the s�aid 1:aesor,Yor and in consideration o� Ten and no/100 DOLLARS,
<br /> ea�h in hAnd� paid,receipt oP which ie hereby acknowl�dged,�r.�d of the c'ovenants and agreements
<br /> hereinaPter contained on the part of leseee to be paid,kept and performed,has granted, demise3,
<br /> leaeed and let and by theee pre�enta doPS grant,demiee,lease and I.et un�o sa3d lessee, Por the aole
<br /> and only purpose af r�inin� and o�eratin� Por oil and gae,and layin� pipe lines,and building tanks,
<br /> power eta�iona and struc�ures thereon to produce, save and take care oP said products,all that
<br /> certain tract oP Iand situated 1n �he County of Hall 3tat� ot' i�$braska,d.eecribed 8e fo11.�,��a, tc�.wit:
<br /> The sou�h 23 acres of the North half of Nort?�east Qua�ter and 1 Qts � � 5, nd � 20 a,are tr&et, in
<br /> lo.t 3 des ribed as : At the so�atheast cor�er of said lot �j �ru nin thence �Qrth rods; thence
<br /> � w �t �j7 ro�s� thence so th c r • to the bank o�' th� Pla.�te �iv �• then E st �j ro s t he
<br /> p�a=c.e -of be i!�ning con� �ni g �3��:£� acr�s and al,�o. part oF the �o�th ha�� o� th . No �h�as� �uar-
<br /> 't�r of �ect�a� �0 �'wp.9 �ort , R�n e 1� Wes� t�ore par'Gi��larly describ,ed as follows: �ommencing
<br /> at a point �E� �C 32��2 r.ods E�.s'� o�� the I�ort��`est cor.ner of' th.� Nor�heast Quarter .of Section 30
<br /> Tti�;�. � North,t�.ang� �.� -�'�s�x of t�i� 6t�i P.M. Thence running East on the North line of the Northe'ast
<br /> Qu�.rtar �or. a diatance- af . 103 & 21/ 3 rads to : t�ie Northeast cc�rner of said Section 30; Then e run
<br /> ni.ng South on the East line of the �ortheast Quarter of said 5ection 0 for a distance of 5� & 3z753
<br /> , turnin g to a righ.t an�1e and r nning West parallel w�:th �he North line •of- the North-
<br /> rods• TY-ience
<br /> east Qua.rter for a distance of 1Q3 & a.nd 2�.��3 rods• thence t�arning , ri �n� angle and ,running North
<br /> parallel to the •East line of •the no�theast Quarter �or a distance 5� & �2 .53 r.ods .to the place of
<br /> beginnin� 'and containing 37 acre5 ,more or less according to the �overnment �3u�vey th�rAof.
<br /> �CfX�e��3:XXXXXXXXXXXX��Ir��Ct.`�:_XXXXXXXXXXXX�4�HXXXXXXXXXX�X and containing ],72 acres, more or Tess.
<br /> It is agreed t�at this lease sha.11 remain in fuii )orce f or a term of T en years f rom this clate, and as long thereaf ter as oil or gas, or
<br /> either of t�em, is produced from said land by tT►e lessee.
<br /> In consicleration of the premises the said lessee covenants and agrees:
<br /> ist. To deliUer to the credit of Iessor, free of cost, in tl�e pipe Iine to whicA he may connect his wells, tlte equal one-eighth (�) part of aIl oiI produced and saved
<br /> f rom the Ieased premises.
<br /> �ncl. To pay lessor f or gas f rom each well where gas only is f ound the equal one-eighth (�/s) oF the gross proceeds at the prevailing market rate, f or aIl gas used of f
<br /> the premises, said payments fo be macle monthly
<br /> ancl lessor to have gas free of cost from any such well for aIl stoves and aIl inside Iights in the principal clwelling house on said Iand tluring the same time by maTzing his
<br /> own connections with the well at his own rislx and expense.
<br /> 3rd. To pay Iessor for gas produced from any oil well and used off the premises or in the manu{acture of gasoline or any other procluct a royalty of one-eightjt
<br /> (�) of the market value, at the mouth of the well, payable monthly at tl�e prevailing market price.
<br /> 1 f no well be commenced on said land on or be f ore the 6 t rl day o f 0 e t o b e r • tg�.4.2 , tltis lease shall
<br /> ter►ninate as to botA parties, unless the lessee on or bef ore that date shall pay or tender to the Iessor,or to tTie lessor's credit in The F i r s t .S t c'�t 8
<br /> BanTz at 5helton, Nebraska oe its successors, w6ich shaII continue
<br /> as the depository regardless of changes in the ownership of said Iand, the sum of Forty Three and no�100 – – – – – _ _ _ DOLLARS,
<br /> which sl�ajl operate as a rental and cover the privilege of deferring the commencement of a well for 12 montlis from said date. In Iike manner and
<br /> upon like payments or tenders the commencement of a well may be further deferred for like periods of the same number of months successively. AIl such payments or
<br /> tenders of rentals may be made by checlz or draft of lessee or any assignee thereof, mailed or c�elivered on or before the rental paying cIate, either direet to lessor or assigns
<br /> or to said depository bank. Ancl it is understood and agreed that the consideration f irst recitecl herein, the down payment, covers not only tlie privileges granted to the
<br /> date when said first rental is payable as aforesaid, but also the Iessee's option of extending that period as aforesaicl, and any and all other rigTtts conferred.
<br /> Sl�ould the first well c�rillecl on the above described land be a dry hole, then, an�`in that event,if a second well is not commenced on said land within tweTve months
<br /> from the expiration of the last rental period for which rental has been paid, tl�is lease shall terminate as to both p�t;�s, unless th.e lessee on or before the expiration of
<br /> saic� twelve months shall resume the payment of rentals in the same amount and in t�e same manner as hereinbefore providecl. And it is agreed tha.t upon the resump-
<br /> tion of fhe payment of rentals, as above provided, that tTie Iast prececling paragrapTi hereof, governing the payment of rentals and the ef fect thereoF, shall continue in
<br /> f orce just as though there had been no interruption in the rental payments.
<br /> If said Iessor owns a less interest in tlie above described Iand than the entire and unclivided fee simple estate therein, then the royalties antl rentals lterein provided
<br /> sFiall be puid the lessor only in the proportion wTiich �is interest bears to the whole and undivided fee.
<br /> Lessee shall have t/te right to use, free of cost, gas, oil, and water produced on said Iand for its operation tliereon, except water`rom wells of Iessor.
<br /> When requested by lessor, lessee sTiall bury Ais pipe Iines below plow depth. ,
<br /> 1Vo well shall be drillecl nearer tlian 20o feet to the house or barn now on said premises, without the written consent of the lessor.
<br /> Lessee sh.ajl pay f or damages caused by its operation to growing crops on saicl lanc�.
<br /> 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 casing.
<br /> If the lessee s�all commence to c�rill a well witl�in the term of this Iease or any extension thereof> the lessee shall have the right to drill such well to completion witTi
<br /> reasonable diligence and dispatch, and if oiI or gas, or either of them, be found in paying quantities, this Iease shall continue and be in force with the Ii1ze ef fect as i(
<br /> such well had been completed within the term of years herein 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 /> i� heirs, executors, administrators, successors or assigns, but no change in the ownersh.ip of the land or assignment of rentals or royalties s�all be binding on the Iessee until
<br /> af ter the lessee has been f urnishecl witTi a written transf er or assignment or a true copy thereo f; and it is hereby agreed in the event this Iease shall be assigned as to a
<br /> ' ' part or as to parts of the above described Iands and the assignee or assignees of such part or parts shall fail or malze default in the payment of the proportionate part of
<br /> the rents due from him or tTtem on an acreage basis, sucl� default shall not operate to defeat or affect this lease in so far as it covers a part or parts of saicl lands upon
<br /> which the saic� lessee or any assignee t�ereof shall make clue payments of said rentals. If the leased premises are now or hereafter owned in severalty or in separate tracts,
<br /> tJie premises, nevertheless, may be developect and operatecl as an entirefy, and tlie royalties shall be paicl to eac� separate owner in tTie proportion that the acreage ownecl
<br /> by him bears to the entfre, leasecl area. There sha�l be no obligation on the part of the Iessee to offset wells on separate tracts into which the land covered by this lease
<br /> may hereaf ter be clinided by sale, devise, or otherwise, or to f urnish separate measuring or receiving tanlzs f or the oil produced f rom such separate tracts.
<br /> Lessor hereby warrants and agrees to defend the title to the Iands herein described, and agrees that the lessee shall have the right at any time to redeem for lessor by
<br /> payment, any mortgages, taxes or other liens on the above described lands, in the event of clefault of payment by lessor, and be subrogated to tlte rights of the holder
<br /> tTiereof.
<br /> -�-------�---------------------------------------------�ar.l:tnn_.�i._�1Y---------------._......_...-------.(SEAL)
<br /> Signecl. sealed ancl delivered in presence o{ ----------------------------------�_................_..Della---E-,-813'....--------------------------------------(SEAL)
<br /> •---�------------------------�--------------------------.._....---�----------------------------------�-�----------------------------(SEAL)
<br /> ------------------------�--------.._.....---�i t....Bak e r.----�--.._......._...-------------.........---..__............_.. .._.......__...-------------•---------•---------••-------......-----------------•-----------•------------•---.....------••----------(SEAL)
<br /> I'�, __.......-�--•----•----------------------C..A.Fle_�tw.a.Q.�1.-----�-----------------------------------------•------ ---------------..._._.......-------------•----------...........---�----------------._.........___...------------�----------.._...--(SEAL)
<br /> I�� ..................................................................__...----•----------••--•--•---............---.......---•---•---..._.... ....._._..---•-•--..__...._.................._.......--•----._...---......
<br /> ..............••------•-----------------••--------•--.....(SEAL)
<br /> -----------------------------•------•------------------...------.._._......_.....-----.........-•-••••-••............_...........-------•- •.................--------...................................--•--•------••---------•---•------•----------------------------------(SEAL)
<br /> i—__ __
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