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<br />'� B -I- OIL AND GAS LEASE
<br /> Form 88.-�(Producers) (NEBRASKA)
<br /> 21282—The Augustine Ca., County Suppliea, Grand Island, Nebr.
<br /> FROM THE STATE OF NEBRASKA
<br /> ss.
<br /> Carrie A.Burmood & husbanc'. Ha.11 County.
<br /> I hereby certify tl�at this instrument was entered on Numerical Index, and filed
<br /> for record this 2 '�� c�ay of October 19 �tl ,
<br /> Z'Q at 9:.Q� o�cloclz A� �'l. �,,��L ��'`���'�-
<br /> Register of Uee�s.
<br /> The Carter Oil �or�pany � �ePuty:
<br /> Fees, $ 2.2�
<br /> �.'ommence
<br /> AGREEMENT, Made and entered into tTiis 7tri day of October , tg �]. , by and between
<br /> Carrie A.Burmood and Samuel P.Burmood, her husband, Route #1, Wood River, Nebraska,
<br /> Z'�12 Cart er Oil COTIl a.Tl Party of tTie first part, hereinafter called lessor(whether one or more)and
<br /> p y Part y of the second part, liereinafter called lessee,
<br /> WITNESSETH, That the said Iessor, for and in consideration of 2'E21 a11C� I10�1.�� - - - - - - - - - - - - - - - DOLLARS,
<br /> cash in hancl paid, receipt of whicli is hereby aclznowledged, and of the covenants and agreements hereinafter contained on the part of Iessee to be paid, Tzept, and per-
<br /> f ormed, has grantecl, demised, leased and Iet and by tliese presents does grant, demise, Iease and Iet unto said Iessee,f or the sole an�I only purpose of mining ancI operating
<br /> for oiI and gas, ancl Iaying pipe lines, and building tanlzs, power stations and structures thereon to procluce,save and take care of said products,aII tl�at certain tract of Iand
<br /> situated in the County o{ Ha11 State of NBBRASKA clescribetl as follows, to-wit: '
<br /> The North -half o° the Nortnwest Quarter (N�NW4 ) and Tax lots numbered 3 and 4,
<br /> of Section �9 Township9 North Range 12 West and containing 1�2��i acres, more or Iess.
<br /> It is agreed t�at this lease shall remain in {uti {orce f or a term of t e n years f rom t u date, ancl as long thereaf ter as oil or gas, or
<br /> either of them, is produced from said Iand by tTie lessee.
<br /> In consideration of the premises the said lessee covenants and agrees:
<br /> ist. To deliver to th,e credit of Iessor,.free of cost, in the pipe line to which lte may connect his wells, the equal one-eighth ('�) part of alI oil produced and savecl
<br /> f rom the Ieased premises.
<br /> �,nd. To pay lessor for gas from each well where gas only is found the equal one-eighth (�/e) of the gross proceeds at the prevailing market rate, for aIl gas used of f
<br /> the premises, said payments to be mncle montnly
<br /> an�Iessor to I�ave gas f ree oE cost f rom any such well f or aIl stoves and all inside ligl�ts in the principal dwelling house on said land during the same time by making ltis
<br /> own connections with the well at his own rislz and expense.
<br /> 3rd. To pay lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any otTier product a royalty of one-eighth
<br /> �1/a� of the market value, at fhe mouth of fhe well, payable monthly at tTie prevailing mar{zet price.
<br /> If no well be commencec� on said Iand on or before t�e 6tr1 claY of 0ctober . 1q�2 , this Iease shall
<br /> terminate as to botTi parties, unless t1�e lessee on or before tTiat date shall pay or tender to the Iessor,or to the Iessor's credit in The First st'ic'�t@
<br /> Bank at Shelton, �@bT'aSkc'z or its successors, whicl� s6g11 continue
<br /> as the depository regardless of changes in the ownership of said Iand, the sum o{ Thirty-tYiree and 15/100 DOLLARS,
<br /> which. sh,all operate as a rental and cover the privilege of deferring the commencement of a well for 1,2 months from saicl date. In like manner and
<br /> upon like payments or tenders the commencement of a well may be f urther def erred f or Iike periods of tlie same number of mont�s successively. AlI such payments or
<br /> tenders of rentals may be made by check or draft of lessee or any assignee thereof, maiLed or delivered on or before the rental paying date, eifher direct to lessor or assigns
<br /> or to said depository bank. And it is understood and agreed that the consideration f irst recited herein, the clown payment, couers not only the privileges grantecl to the
<br /> clate wl�en said first rental is payable as aforesaid, but also the Iessee's option of extending that period as aforesaid,and any and all other rights conferred.
<br /> ShouTc� the first well drilled on the above described Iand be a dry hole, then,and in that event, if a second well is not commenced on said land within twelve months
<br /> from tTte expiration of the last rental period for whicli rental has been paid, this lease shall terminate as to both parties, unless the lessee on or before the expiration of
<br /> saicl twelve months shall resume the payment o f rentals in the same amount and in the same manner as hereinbe f ore providecl. And it is agreed tliat upon the resump-
<br /> tion of the payment of rentals, as above provided, that tlie last preceding paragraph hereof, governing the payment of rentals and the effect thereof, shall continue in
<br /> force just as though there had been no interruption in the rental payments.
<br /> If said lessor owns a less interest in the above described land tTian the entire and undtvided f ee simple estate therein, then the royalties and rentals herein proUided
<br /> shall be puid the lessor only in the proportion wliich his interest bears to the whole anc� undivicled fee.
<br /> Lessee shall have the right to use, free of cost, gas, oil, and water produced on said Iand for its operation thereon, except water from wells of Iessor.
<br /> When requested by Iessor, lessee shall bury his pipe Iines below plow depth.
<br /> No well shall be drilled nearer than 20o feet to t�e house or barn now on said premises, without the written consent of the lessor.
<br /> Lessee shall pay for c�amages caused by its operafion to growing crops on said land.
<br /> Lessee shall have the riglit at any time to remove aIl machinery and fixtures placed on saicl premises, including the right to draw and remove casing.
<br /> 1f the Iessee shall commence to drill a well wit�in the term of this lease or any extension thereof, the Iessee shall have t�e right to drill such well to completion with
<br /> reasonable c�iligence and dispatch, and if oil or gas, or either of them, be founc�in paying quantities, this lease shall continue and be in force with the Iike ef fect as if
<br /> sucl� well had been completed within the term of years herein first mentioned.
<br /> If the estate of eitTier partq hereto is assigned, and tl�e privilege of assigning in whole or in part is expressly allowecl, the covenants hereof shall extend to their
<br /> heirs, executors, aclministrators, successors or assigns, but no change in tl�e ownership of the land or assignment of rentals or royalties sl�all be binding on the lessee until
<br /> af ter the Iessee has been f urnished with a written trans f er or assignment or a true copy tliereof; ancl it is hereby agreed in the event this lease s1�all 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 make default in the payment of the proportionate part of
<br /> the rents due from him or them on an acreage basis, such default shall not operate to defeat or affect this lease in so far as it covers a part or parts of said lands upon
<br /> which the said Iessee or any assignee thereof shall malze due payments of said rentals. If the leased premises are now or hereafter owned in severalty or in separate tracts,
<br /> the premises. nei�ertTieless, may be deneloped and operated as an entirety, and tTie royalties sTiall be paicl to each separate owrier in the proportion that the acreage ownec�
<br /> by htm bears to tTie entire, leased area. There shall be no obligation on the part of tlie lessee to offset wells on separate tracts into which the Iand covered by t�is Iease
<br /> may hereaf ter be dividecl by sale, devise, or otherwise, or to f urnish separate measuring or receiving tanks f or tjte oiI protlucecl f rom such separate tracts.
<br /> Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Iessee 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 the rights of the 1�older
<br />, thereof.
<br />'� -----------------------------------------------------------�ar r i�...A._B�rm4 0�.:--....---�------�-(SEAL)
<br />� Signecl, sealed and delivered in presence of ______________Samuel.._P._Burmood__.___..._._.______.__�SBAL)
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