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<br /> B -i- OIL AND GAS LEASE
<br /> .;
<br /> i�tf
<br /> Fora� 88r-(Producers) (NEBRASKA)
<br /> 21282—The Augustine Co., County Supplies, Grand Island, Nebr�.
<br /> FROM THE STATE OF NEBRASKA
<br /> ss.
<br /> Donald J.Walker, sin�le Hall County,
<br /> 1 hereby certify tTiat this instrument was entered on Numerical Index, and filed
<br /> for record tjtis 2� tlay of October 19 41. •
<br /> T at 9 �CO o'clock A. M. ' � ���,-�
<br /> O ��
<br /> Register of Deec�s. �
<br /> The Carter Oil Company Depu`''.
<br /> Fees, $ 2. 20
<br /> Commence
<br /> AGREEMENT, Made and entered into this 6 trl day o f 0 c t o b e r . 19 �}1 . by and between
<br /> Donald J.W'al,ker, a single man, Reute #l, Shelton, Nebra.ska
<br /> �.'r12 Car t er ���. L"OIIl c'�17 _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party of the f irst part, hereinaf ter called lessor(whether one or more)and
<br /> p y Party of the second part, hereinaf ter called lessee,
<br /> WITNESSETH, That the said Iessor, f or and in consideration ot T en �u 11 C� no I100 - - - - - - - - - - — — — — _ DOLLARS,
<br /> cash in Iiand paid, receipt of which is hereby aclznowledged, and of the covenants and agreements hereinafter contained on the part of lessee to be paid, kept, and per-
<br /> formed, has granted, demised, leased and let and by these presents does grant, demise,lease and let unto said Iessee,for tl�e sole ancl only purpose of mining and operating
<br /> f or oiI and gas, and Iaying pipe lines, and bu�iding tanks, power stations and structures thereon to produce,save and take care o f said products,all that certain tract o f lancl
<br /> situated in the County of Hall State of NEBRASKA described as follows, to-wit:
<br /> The North Half of tne Soutnwest Quarter and trle North half of the South��rest Quarter of the
<br /> southTfrest Quarter
<br /> of Section 2� Township 9 North Range 12 IA1ESt and containing l�� acres, more or less.
<br /> It is agreed tliat this lease shall remain in f uIl f orce f or a term of t g n years f rom this date, and as long thereaf ter as oil or gas, or
<br /> either of them, is produced from said Ianc� by the Iessee.
<br /> In consideration of the premises tl�e said lessee covenants and agrees:
<br /> tst. To deliver fo the credit of Iessor, free of cost, in the pipe line to wl�ich he may connect �is wells, the equal one-eighth (�) part of all oiI produced and sa�etI
<br /> f rom the leased premises.
<br /> �nd. To pay lessor for gas from each well where gas only is found tl�e equal one-eiglith (�/s) of the gross proceecls at tTie prevailing marizet rate, for all gas used of f
<br /> t�e premises, said payments to be made monthly
<br /> ancl lessor to l�ave gas f ree o f cost f rom any such well f or all stoves and alI inside Iights in the principal dwelling house on said land during the same time by maTzing his
<br /> own connections with the well at liis own risk and expense.
<br /> 3rd. To pay Iessor for 9as procluced from any oil well and used of f the premises or in the manufacture of gasoline or any otlter product a roya.lty o` one-eighth
<br /> (�/s) of the market value, at the mouth o f the well, payable montl�ly at the prevailing marizet price.
<br /> I f no well be commenced on said land on or be f ore the 6 t�1 day o f 0 e t ob e r , i q42 , this Iease shall
<br /> terminate as to both parties, unless tTie lessee on or before that date shall pay or tender to the lessor, or to the Iessor's credit in The �'irst Sta.te
<br /> Bank at �h e 1 t o n, N e br a s k a or its successors, w6ich shall continue
<br /> as the depository regardless of changes in the ownership of said Iand, the sum of Twenty-f ive and no/100 — — — — — — — — DOLLARS,
<br /> wliich shall operate as a rental and cover the privilege o f c�ef erring the commencement of a well f or 1� months f rom said date. In Iike manner and
<br /> upon lilze payments or tenders the commencement of a well may be further deferred for Iilze periods of th.e same number of months successively. AII sucFt payments or
<br /> tenders of rentals may be macle by check or clraft of lessee or any assignee thereof, mailed or �Ielivered on or before the rental paying date, either direct to lessor or assigns
<br /> or to said depository bank. And it is understood and agreed that the consideration f irst recited herein, tlie down payment, covers not only tTi.e privileges granted to the
<br /> date when said first rental is payable as aforesaid, but also the Iessee's option of extending that periocl as aforesaid, and any and aIl other rights conferred.
<br /> Slioulc� the f irst well drilled on the above described land be a dry hole, tlien, and in that event, if a second well is not commencecl on said land wit�in twelve months
<br /> from the expiration of the last rental period for which rental has been paid, this lease shall terminate as to both parties, unless the Iessee 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 provicled. And it is agreed that upon the resump-
<br /> tion of tl�e payment of rentals, as above provided, that tl�e last preceding paragraph hereof, governing tTie payment of rentals and the effect thereof, shall continue in
<br /> force just as tFtoug�i there hacl I�een no interruption in t�ie rental payments.
<br /> 1 f said lessor owns a less interest in the above described land than the entire and undivided f ee simple estate therein, then tTie royalties and rentals herein provicled
<br /> shall be paid the lessor only in tFte proportion which his interest bears to the whole and undivided f ee.
<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 lessor.
<br /> When requested by lessor, Iessee sl�all bury his pipe Iines below plow depth.
<br /> No well shall be clrilled nearer than 20o feet to the house or barn now on saicl premises, without the written eonsent of the lessor.
<br /> Lessee shall pay f or damages caused by ifs operation to growing crops on saicl Iancl.
<br /> Lessee shall liave the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing.
<br /> 1f the lessee shall commence to drill a well within the term of this lease or any extension thereof, the lessee shall have the right to drill such well to completion with
<br /> reasonable diligence and dispatc�, and if oiI or gas, or eitlier of them, be f ounct in paying quantities, this lease shall continue ancl be in f orce with the Iike ef f ect as if
<br /> sucl� well hacl been completed within the term of years herein first mentionetl.
<br /> If the estate of either party hereto is assigned, and tl�e privilege of assigning in whole or in part is expressly allowed, tl�e covenants hereof shall extend to their
<br /> heirs, executors, administrators, successors or assigns, but no change in the ownership of the land or assignment of rentals or royalties shall be binding on the lessee until
<br /> after the lessee has been furnished with a written transfer or assignment or a true copy thereo{; ancl 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 make c�efault 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 ctefeat or affect this lease in so far as it covers a part or parts of said lands upon
<br /> wTiicl� the saic� lessee or any assignee tliereof shall make due payments of said rentals. I{ the leased premises are now or l�ereafter owned in severalty or in separate tracts,
<br /> the premises. nevertheless, may be deneloped and operated as an entirety, and the royalties shall be paid to eacl� separate owner in the proportion that the acreage owned
<br /> by Tiim bears to the entire, leased area. There shall be no obligation on the part of tlie lessee to of fset wells on separate tracts into wliich the Iand covered by tliis lease
<br /> may hereaf ter be divided by sale, devise, or otherwise, or to f urnish separate measuring or receiving tanks 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 sl�all 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 o� default of payment by lessor, and be subrogated to the rights of t�e holder
<br /> fhereof.
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<br /> I Signed. sealed and delivered in presence of -----------------------------�-----------------�---�-�--�----...----....--------------------------...----------------�--�-----�--._.(SEAL)
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