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<br /> III
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<br />'',, B -F- OIL AND GAS LEASE �,
<br /> Form 88�(Producers) (NEBRASKA)
<br /> 21282—The Augustine Co., County 8uppllea, Grand Island, Nebr.
<br /> �pM THE STATE OF NEBRASKA
<br /> ss. -
<br /> Flora A.L�ckwood wic�ow, County,
<br /> I liereby certify that th�s instrument was entered on Numerical Index, and filed
<br /> for record this 2-rj day of October 19 �1. .
<br /> TO at 9 o'clock A. M. �,,�%� �
<br /> Register of Dee s
<br /> The Carter Oil �ompa_ny Deputy.
<br /> Fees. �• �'S
<br /> Commence
<br /> AGREEM$NT, Made and entered into this 7 th. day o{ 0 e t o b e r , tq �1 , by and between
<br /> Flora A. Lock?aood a T�,�idoVS, Rural Route 1, Kenesaw, �ebraska
<br /> Party of the first part,hereinafter called lessor(whether one or more)and
<br /> C — — — — — — — — — — — — — — — — — —
<br /> Tne Cart er �'IZ. ompany Party of the second part, hereinafter called lessee,
<br /> IIWITNESS$TH, That the saicl lessor, f or ancl in eonsicleration o f On e a Yl d �.�T. Ci. — — — — — — — — — — — — — — — DOLLARS,
<br /> I casli in liancl paicl, receipt of which is Iiereby acknowleclgecl, anc� of the covenants ancl agreements hereinafter containecl on tlie part of lessee to be paicl, kept, ancl per-
<br /> formed, has granted, demised, leased and Iet anc� by tFtese presents cloes grant, demise, lease and let unto said lessee,for the sole and only purpose of mining and operating
<br /> for oil and gas, ancl Iaying pipe lines, and builcling tanlzs, power stations and structures thereon to proauce,save and take care of said products.alI that certain tract of land
<br /> situated in the Counry of H�1.� State of NEBRASKA clescribec�as follows, to-wit:
<br /> The East half (E2) of tne North��rest Quarter ( Nt�'4) of Section 33; a.nd
<br /> Lot � in the Southeast quarter ( SE�) of the Southwest quarter ( 5��4) of Section 2�, a11 in
<br /> of Section Towns�ip g North Range 12 WeSt, and containing 9� acres, more or Iess.
<br /> It is agreed tl�at this lease shall remain in fu�� force for a term of Z'ei1 �1.�� years from this date, and as Iong thereafter as oil or gas, or
<br />, either of them, is produced from said Iand by the Iessee.
<br /> In consicCeration of the premises the said lessee covenants and agrees:
<br /> ist. To deliver to the credit o lessor ree o cost, in the i e line to which he may connect his wells, the equal one-eigl�th (�)part oF aII oil produced and saved
<br />, PP
<br /> f . f f
<br /> f rom the leased premises.
<br /> �nd. To pay Iessor for gas from each well where gas only is found the equal one-eighth (�/s) of t�ie gross proceeds at the prevailing market rate, for alI gas used off
<br /> t�e premises, saic�payments to be mn�e �aarterly
<br /> anc�lessor to have gas free of cost from any such well for all stoves and aIl inside IigT�ts in th,e principal dwelling house on said Iancl during t�e same time by making his
<br /> own connections with the well at his own rislz and expense.
<br /> grd. 7'o pay lessor for gas producecl from any oil well and used off the premises or in t�e manufacture of gasoline or any other product a royalty of one-eighth
<br /> (�/s) of the marizet value, at the mouth of the well, payable monthly at the prevailing marizet price.
<br /> 1 f no well be commenced on said land on or be f ore the 7 t h day o f 0 e t o b e r , t g�-2 , this Iease sTiall
<br /> terminate as to both parties, unless tl�e lessee on or before that date shall pay or tender to the lessor,or to tlie Iessor's credit in TFie F�r'St National
<br /> Bank atGrand Island, Nebraska or its successors, which s6all continue
<br /> as the depository regardless of changes in the ownership of said land, the sum of '7'�1�'r�1'Y-FOliR a.nd 50/100 — — — — — — — — DOLLARS,
<br /> which shall operate as a rental and cover the privilege of deferring the commencement of a well for t;t��elve months 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. AlI such payments or
<br /> tenders of rentals may be macIe by checlz or draft of lessee or any assignee thereof, mailed or �'eliverecd on or before the rental paying date, either direct to lessor or assigns
<br /> or to said clepository bank. And it is understood and agreed that the consideration f irst recitec� herein, the down payment, covers not only the privileges granted to the
<br /> clate when saicl first rental is payable as aforesaid, but also tl�e lessee's option of extending that period as aforesaid, and any and aIl other rights eonferred.
<br /> Should tl�e first well drilled on the above described Iand be a dry hole, then, anc�in that event, if a second well is not commenced on said lancI within twelve months
<br /> f rom the expiration of the Iast rental period f or which rental has been paid, this lease shall terminate as to both parties, unless the lessee on or bef ore 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 tlie resump-
<br /> tion of the payment of rentals, as above provided, that tlie Iast prececling paragrapTi Tiereof, governing tTie 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 /> 1 f said Iessor owns a less interest in the above c�escribed land than tl�e entire and undivided f ee simple estate therein, then tlie royalties and rentals Tierein provided
<br /> shall be pciid the lessor only in the proportion which �is interest bears to the whole and undivided fee.
<br /> Lessee shall Tiave 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, lessee 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, witliout tlie written consent of the lessor.
<br /> Lessee s�iall pay f or c�amages caused by its operation to growing crops on saicl lanc�.
<br /> Lessee shall have the right at any time to remove all machinery ancl fixtures placec� on shicl premises, inclucling the rig�it to cjraw anc�remo�e casing.
<br /> 1f the lessee shall commence to drill a well within the term of this lease or any extension thereof, the lessee sh.all have the right to drill such well to completion with
<br /> reasonable diligence and d�pat�h, and if oiI or gas, or either of them, be founcl in paying quantities, this lease shall continue and be in force with tl�e liTze effect as if
<br /> such weTl had been completed within the term of years herein first mentioned.
<br /> If tl�e estate of either party �ereto 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 change in the ownership of the land or assignment of rentals or royalties shall be binding on the lessee until
<br /> after the Iessee has been furnis�ed witli a written transfer or assignment or a tru,e copy thereof; and it is hereby agreed in the e�ent this lease shall be assigned as to a
<br /> part or as to parts o f the above described lands and the assignee or assignees o f such part or parts shall f ail or malxe def ault in the payment o f the proportionate part of
<br /> the rents due from him or tTiem on an acreage basis, such, default shall not operate to clefeat or affect this lease in so far as it covers a part or parts of said lands upon
<br /> wliicFt tTie saic� lessee or any ass�gnee thereo f shall make due payments of said rentals. I f the Ieased premises are now or hereaf ter owned in severalty or in separate tracts,
<br /> the premises, nec�ertheless, may be deneloped and operated as an entirety, and the royalties s1�all be paid to each separate owner in the proportion that the acreage owned
<br /> by him bears to the entire, Zeasecl area. Tliere sha[I be no obligation on the part of the lessee to offset wells on separate tracts into wTiich the land covered by this lease
<br /> I' may �.ereaf ter be cliviclecl by sale, clevise, or otherwise, or to f urnish separate measuring or receiving tanks f or the oiI produced f rom such separate tracts.
<br /> Lessor hereby warrants and agrees to defend the title to the lands 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 o{ default of payment by lessor, and be subrogated to the rights of the Fiolder
<br /> thereo f.
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<br />' Signecl. sealec�ancl deliverec�in presence o{ ---------------------------------------------------�----..._...------...-----......._.......-------------------------...------------(SEAL)
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