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<br /> ��d
<br /> B -I- OIL AND GAS LEASE 1 ,.�
<br /> Forui 88.-�(Producers) (NEBRASKA)
<br /> 21282—The Augustine Co., County 3upplies, Grand Island, Nebr.
<br /> FROM THE STATE OF NEBRASKA
<br /> ss.
<br /> Ha.rvey A.Kingsley and wife Hall County. �
<br /> I hereby certify t�at this instrument was entered on Numerical Index, and filed
<br /> J'or record this 25 day of October iq �l ,
<br /> TO at 9��/'� o'cloclz A. M. " �-��-�-
<br /> The Carter Oil �+'Omp8.11y Reytste� of Dee�s.
<br /> P Y•
<br /> Fees, � 2. j�
<br /> Commence
<br /> II� AGREEMENT, Made and entered into this �trl day o f O c t o b e r . i 9 �]. . by and betu�een
<br /> H�.rvey A. or H.A.Kin�sley and Mary Hannah Kingsley, his wife, Denman, Nebraska,
<br />�I
<br /> Party of the f irst part, hereinaf ter called Iessor(whether one or more f and
<br /> �r12 Carter Oil �ompany - - - - - - - - - - - - - - - - - — — Part �/ of the second part, hereinafter callecl lessee,
<br /> WITIV�SSETH, TFtat the saic�lessor, for ancl in consic�eration o{ One and no/100 - - - - - - - - - - - - - - — — DOLLARS,
<br /> cash in hand paid, receipt of which. is l�ereby aclznowledged, and of the covenants and agreements hereinafter contained on tlie part of Iessee to be paid, Izept, ancl per-
<br /> formed, l�as granted, demised, leased and let ancl by these presents cloes grant, demise,Iease and let unto said Iessee,for the sole and only purpose of mining and operating
<br /> {or oil and gas, ancl Iaying pipe lines, and building tanlzs, power stations and structures thereon to produce,save and talze care of said products.all that certain tract of land
<br /> situated in the County of Hall State of NEBRASKA described as follows, to-wit:
<br /> Lot 7 in Section �'hirty, Town�hip 9 North, Ranfre 12 �de st 6th P.M.
<br /> Lot � in SPetion Thirty-One, To�mship 9 North, Rar�ge 12 '�est, 6th P.M.
<br /> o��$��c�tXXXXXXXXXXXXX���ffR13{XXXXXXXXXXXX7�44�XXXXXXXXXXXX and containing 6Q acres, more or less.
<br /> It is agreed that this Iease shall remain in f uIl f orce f or a term of t@ I1 years f rom this date, and as long tTiereaf ter as oil or gas, or
<br /> either o j them, is produced f rom said land by the Iessee.
<br /> In consideration of the premises the said lessee covenants and agrees:
<br /> ist. To deliver to the credit of lessor, free of cost, in the pipe Iine to which he may connect his wells, the equal one-eightl� (�) part of all oiI produced and saved
<br /> f rom the leased premises.
<br /> 2ncl. To pay Iessor for gas from each well where gas only is found the equal one-eighth (�/a) of the gross proceeds at t{►e prevailing marizet rate, for alI gas used of f
<br /> the premises, saicl payments to be macle mo n thl y
<br /> and lessor to have gas free of cost from any such well for alI stoves and all inside lights in the principal dwelling house on said Iand during the same time by making his
<br /> own connections witTi the well at his own risk and expense.
<br /> grd. To pay lessor for gas proclucect from any oil well and used o{f the premises or in the manufacture o` gasoline or any other procluct a royalty of one-eighth
<br /> ('/a) o}' the market value, at the mouth of the well, payaTile monfhly at the prevailing marTzet price.
<br /> I f no well be commenced on said Iand on or be f ore the �t r1 day of 0 c t o b e r . 1 q 14.2 , this lease shall
<br /> terminate as to both parties, unless tlie lessee on or before that date sliall pay or tender to the lessor,or to the Iessor's credit in The First State
<br /> Bank at Sh e 1 t o n, N e br a s ka oe its successors, which ahalI continue
<br /> as the depository regardless of changes in the ownership of said Iand, the sum oF Fif teen and no/lOQ - - - - - - - - - - - DOLLARS,
<br /> which shall operate as a rental and cover the privilege of cleferring the commencement of a well for 1.2 months from said clate. In Iike manner and
<br /> upon like payments or tenders tTie commencement o f a well may be f urther def erred f or lilze periods o f the same number o f months successively. AIl such payments or
<br /> tenders of rentals may 6e made by check or draft of lessee or any assignee thereof, mailed or delivered on or before the rental paying date, either direct to Iessor or assigns
<br /> or to said clepository bank. And it is understood and agreed that the consideration f irst recited I�erein, the down payment, covers not only the privileges granted to the
<br /> ' clate when 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 /> Should the first 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 the expiration of the last rental period for which rental has been paid, this Iease shall terminate as to both parties, unless the lessee on or before the expiration of
<br /> ' said twelve montl►s shall resume the payment o f rentals in the same amount and in the same manner as hereinbef ore provided. And it is agreed that upon the resump-
<br /> tion of the payment of rentals, as above provided, that the Iast preceding paragrapT► Iiereof, governing the payment of rentals and the effect thereof, shall continue in
<br /> force just as though t�ere hac� been no interruption in the rental payments.
<br /> If said lessor owns a less interest in the above clescribed Ianc� tlian the entire and uncIi�ided fee simple estate therein, then the royalties and rentals Aerein provided
<br /> shall be paid the lessor only in the proportion wliich 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 Zoo feet to the house or barn now on said premises, without tlie written consent of the lessor.
<br /> Lessee shall pay f or damages caused by its operation to growing crops on saic� lanc�.
<br /> Lessee shall have the right at any time to remove all macl�inery and fixtures placed on said premises, including the right to draw and remove casing.
<br /> If the Iessee shall commence to drill a well witlxin the term of this lease or any extension thereof, the Iessee s1�all have the riglit to drill such well to completion with
<br /> reasonable diligence and dispatch, and if oiI or gas, or either of them, be found in paying quantities, this lease shall continue and be in force with tFie Iilze effect as if
<br /> such well had been completed within the term of years herein first mentioned.
<br /> If tlie estate of either party hereto is assigned, and the privilege of assigning in wliole or in part is expressly allowed, the covenants hereof shall extend to their
<br /> heirs, executors, administrators, successors or assigns, but no cliange in the ownership of the land or assignment of rentals or royalties shall be binding on the Iessee until
<br /> ' n n or a tru.e co thereo • and it is hereb reed in the event this lease shall be assigned as to a
<br /> i�i written trans er or assc me t .
<br /> a ter the lessee has been urnished w t a f g PY f Y Q9
<br /> �, p�rt or as to parts of thef above cIescribed lands and the assignee or assignees of such part or parts s1iall fail or malze default in tlie payment of tlie proportionate part of
<br /> ' the rents due from him or them on an acreage basis, sucl� default shall not operate to clefeat or af fect tliis Iease in so far as it covers a part or parts of said lands upon
<br /> ' which the said lessee or any assignee thereof shall mahe due payments of said rentals. I� the leased premises are now or hereafter owned in severalty or in separate tracts,
<br /> the premises, nevertheless, may be deneloped and operated as an entirety, and the royalties shnll be paid to each separate owrier in the proportion that the acreage owned
<br /> by hfm bears to the entire, leased area. There shall be no obligation on the part of the lessee to of fset wells on separate tracts into which the land covered by t/iis lease
<br />' may hereaf ter be divided by sale, devise, or otherwise, or to f urnisTi 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 lands herein describecl, and agrees that the lessee shall have the rr,ght at any time to redeem for Iessor by
<br /> payment, any mortgages, taxes or other liens on the above described lands, in the event o{ default of payment by Iessor, and be subrogated to the rigl�ts of the holder
<br /> t�ereof.
<br /> ---------------------------------------------------Harvey....A.Kingsl_�Y---...----.,..------------(SBAL)
<br />' Signed, sealed and delivered in presence o{ ...................................................Mar_y_._H�nnah__King�l,ey._._.._..__.______�SEAL)
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