|
B --I- OIL AND GAS LEASE
<br /> �� 9
<br /> Form 88�(Producers) (NEBRASKA) ��
<br /> 21282—The August3ne Co., County 8uppliea, Grand Island, Nebr.
<br /> FROM THE STATE OF NEBRASKA
<br /> ss.
<br />� walter D.Lacey and wife County,
<br /> I liereby certify that tl�is instrument was entered on Numerical Index, and filed
<br /> f or record this 2 5 day of �C t O�J 1 �]. •
<br /> TO at 9:CO o'�lo�k A. M. ��;��.�2C. ��u�-�
<br /> Register of Deeds:
<br /> The Garter Oil company Deputy.
<br /> Fees, $ 2 �5
<br /> • �
<br /> ICommence
<br /> AGREBMENT, Made and enterec�into tTiis b trl day o( Oetober . 1g 1.}.]„ , by and between
<br /> Wa�.ter D.Lacey a.nd Hattie E.Lacey, his t�rife, Route #1, Wood River, Nebr.
<br /> Party oF the f irst part, hereinaFter called lessor(whether one or more)and
<br /> �r1C,' Carter Oil Compa.ny — — — — — — — — — — — — — — — — — — — Part �T of the second part, hereinafter called lessee,
<br /> WITNESSETH, Tl�at tlie said lessor, for and in consideration of Ten ar1C� no/100 - - - - - - - - - - - - - - - DOLLARS,
<br /> cash in hand paid, receipt of whicl� is hereby aclznowledged, and of the covenants and agreements hereinafter contained on the part of Iessee to be paid, kept, and per-
<br /> f ormed, has granted, demised, leased and let and by these presents does grant, demise, Iease and let unto saic�lessee,f or the sole anc�only purpose o f mining ancl operating
<br /> f or oiI and gas, ancl Iaying piVe lines, and building tanks, power stations and structures thereon to produce,save and take care o f said products,alI that certain tract o f Iand
<br /> situated in the County o{ Hall State of NEBRASKA described as follows. to-wit:
<br /> Tne south half of t���e soutn nalf' of tne soutnwest quarter of Section Twenty-one ;
<br /> a_nd Lots 5, 6, <�nct 7 Island; and va:rt of' lots 2, 3, and 4 M�,inland �ahich were �urcnased frem
<br /> Dora Hill in Section Twenty-Eight
<br /> of��XXXXXXXXXXXX Township 9 Nor�h Range 12 �r1T@St and containin9 105. � acres, more or Iess.
<br /> lt is agreed that this Iease shall remain in )ui[ force f or a term of t,@� years f rom this date, and as long thereaf ter as oiI or gas, or
<br /> either o f them, is produced f rom said Iand by the Iessee.
<br /> In consideration of the premises the said lessee covenants and agrees:
<br /> ist. To tleliver to the credit of Iessor, free of cost, in the pipe line to which �e may connect his wells, tl�e equal one-eighth (I/s) part of alI oil produced and saued
<br /> f rom the leased premises.
<br /> 2nd. To pay lessor for gas from each welT wTiere gas only is found the equal one-eigTith (�/a) of the gross proceeds at the prevailing marizet rate, for aIl gas used of f
<br /> t�ie premises, saicl payments to be macle montnly
<br /> anc�lessor to liave gas free of cost from any such well for all stoves and all inside Iights in tFie principal dwelling house on said Iand during the same time by making his
<br /> own connections with the well at his own risk and ezpense.
<br /> �rcl. To pay lessor for gas prodtreecl from any oiI well ancl used off t�e premises or in the manufacture of gasoline or any other procluet a royalty of one-eighth
<br /> (�) of the marTzet value, at the moutTi of the well, payable mont�Iy at the prevailing mar/zet price.
<br /> If no well be commenced on said land on or before the 6 tr1 day of Oetober . 19 �-�'2 , this Iease shall
<br /> terminate as to both parties, unless the lessee on or be f ore that date shall pay or tender to the lessor,or to the lessor's credit in The Fi r s t S�a t e
<br /> ' ' Bank at Shelton, r�lebraska or its successors, whicl� s6alI continue
<br /> as the c�epository regardless of changes in the ownership of said Iand, the sum o{ TV�enty—�'1.X a.riQ 2�11�� — — — — — — — — DOLLARS,
<br /> which shall operate as a rental and cover ths privilege o f def erring tlie commencement o f a well f or 1.2 months f rom saicl date. In Ii ke manner an d
<br /> upon like payments or tenders the commencement o f a well may be f urther de f erred f or lilze periods o f the same number of months successively. AII such payments or
<br /> tenders of rentals may be made by check or draft of Iessee or any assignee thereof, mailed or delivered 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 t�iat the consideration f irst recited lierein, the down payment, covers not only the privileges granted to the
<br /> date when said first rental is payable as aforesaid, but also tl�e Iessee's option of extending that period as aforesaid, and any and aIl other rights conferred.
<br /> Sliould the f irst well drilled on the above described land be a dry hole, then, anc�in that event, if a second well is not commenced on said land within 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 lessee on or before the expiration of
<br /> said twelve months shall resume the payment of rentals in the same amount and in the same manner as hereinbefore provided. And it is agreed that upon tlte resump-
<br /> tion of the payment of rentals, as above provided, that the last preceding paragrapTi hereof, governing the payment of rentals and the effect thereof, shalL continue in
<br /> f orce just as though there had been no interruption in fhe renfal paymenls.
<br /> If said lessor owns a less interest in the above described land than tl�e entire and undivided fee simple estate therein, then the royalties and rentals herein provided
<br /> shall be paicl the lessor only in the proportion rul�ich his interest bears to the whole and undivided f ee.
<br /> Lessee shall have tTie 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 /> Wlien requestecl by Iessor, Iessee shall bury his pipe lines below plow depth.
<br /> No well shall be drilled nearer than 20o feet to the house or barn now on said premises, witl�out the written consent of the lessor.
<br /> Lessee shall pay for damages caused by its operation to growing crops on said land.
<br /> Lessee shall liave the right at any time to remove aIl machinery and fixtures placed on said premises, including the right to draw and remove casing.
<br /> If the lessee slial�commence to clrill a well witliin the term of this lease or any extension thereof, t�ie lessee shall �iave tjie rig�it to tIrill sucjt well to completion witli
<br /> reasonable diligence and clispatch, and if oiI or gas, or either of them, be founcl in paying quantities, tl�is Iease shall continue ancl be in force with tTie lilze ef fect as if
<br /> such well hacl been completecl within the term of years herein first mentionetl.
<br /> If the estate of either party hereto is assigned, and the privilege of assigning in whole or in part is ezpressly alloiued, tlie co�enants hereof shall extend to their
<br /> lieirs, executors, administrators, successors or assigns, but no cT�ange in the ownership of the land or assignment of rentals or royalties shall be binding on tFie Iessee until
<br /> after the lessee Iias been furnislied with a written transfer or assignment or a true copy thereof; anc� it is hereby agreed in the event this lease shall be assigned as to a
<br /> part or as to parts of the above described lands and tTie assignee or assignees of such part or parts shall fail or malze default in the payment of the proportionate part of
<br /> tTie rents due from him or them on an acreage basis, such default shall not operate to clefeat or af fect 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. nenertheless, may be dei�eloped and operated as an entirety, and the royalties shal[ be paid to each separate owner in the proportion that the acreage owned
<br /> by F�im bears to the entire. Ieased area. There shall be no obligation on the part of tlie lessee to of fset wells on separate tracts into whic� tlie land covered by this lease
<br /> may hereaf ter be divided 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 lands herein describecT, and agrees that the lessee shall have the right at any time to redeem for lessor by
<br /> payment, any mortgages, taxes or other Iiens on the above described Iands, in the event o{ de{ault of payment by lessor, and be subrogated to tl�e rights of the liolder
<br /> thereof.
<br /> Walter D.Lacey__________________�SEAL)
<br /> ----------------------------------------------------------------------------------------------------- -
<br /> Signecl, sealecT ancl.cIeliverecl in presenee o{ ---------------------------------------------------------------------na_t_tie._.E..La��Y.-..-------..�.....(SEAL)
<br /> ----------------------------------------------------�--.....---------------------------------..._.......----------------------------(SBAL)
<br /> ---------------------------------------C.A. Fl:�etwood-------------------..._...._...-�-----�-------�----------- -.._....-----------------------------�-------................_....------------------------------........-------------...------------(SEAL)
<br /> -�-�-----------------�---------------------------------------------------�------------�--------------------._...---------..__.......-�---- -�--._...----------------------------------------------------�--�-�---------...._........-------....----------------�---..._........(SEAL)
<br /> -------------------------------------------------------------------•------------------------.......-------------------------------------... _...--------_._..---•------------------------------•------------------.....-•-----------•-------------------...---�-----------------(SEAL).
<br /> ------------------------------------------------------------------�-------._........----�--�---�--------------------•--------.........__.. ......--------------------------......_........_...---•--...--•-•-------------------------•------------------.._..-�----------------(SEAL/
<br />
|