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<br /> B -I- OIL AND GAS LEASE �,
<br /> Form 88r-(Producers) (NEBRASKA)
<br /> 21282—The Augustine Co., County Supplies, Grand Island, Nebr. ',
<br /> FRpM TME STATE OF NEBRASKA '
<br /> 9S. !
<br /> George H.Morse, single Hall County, �'
<br /> . I Iiereby certijy ehat ahis instrument was entered on Numerical Index, and filed
<br /> f or recorcl t�is 2 5 claY of 0 c t o b e 1;..�'_� � 'tl •
<br /> TO at Cj o'cloclz A. M. `_/�J ��c.�-��.
<br /> Register of Deecls.�
<br /> The Carter Oil Company Deputy.
<br /> Fees, $2. 2�
<br /> Commence
<br /> AGREEMENT, b'Iade and entered into this 7tr'i day o; �ctcber . i9�1 > by and between
<br /> Geor. ge H.Morse, a sin�le ma.n,
<br /> Party o f tlie f irst part, hereinaf ter called lessor(whether one or more)and
<br /> The Carter Oil Company- - - - - - - - - - - - - - - - - - Part Y of the second part, hereinafter called Iessee,
<br /> WITNESSETH, T�at the said lessor, f or and in consicleration o{ 0 n e c`�11 C� �.V,j'.r. DOLLARS.
<br /> casli in hand paid, receipt of which is Iiereby acknowledged, and of the covenants and agreements hereinafter contained on the part of lessee to be paid, Tiept, and per-
<br /> formed, has granted, demised, leased and let and by these presents does grant, demise,lease and let unto said lessee,for the sole ancl only purpose of mining and operating
<br /> f or oiI and gas, ancl Iaying pipe lines, ancl building tanlzs, power stations and structures thereon to produce,save and take care o f said products,aIl that certain tract o f land
<br /> situated in the County of Hc'�].1. State of NEBRASKA described as follows, to-wit:
<br /> The Southeast qu�rter ( 8E4) , excepting 31 acres in tne Southeast corner (SE corner) ,
<br /> of Section �j1. Township 9 North Range 12 j1�2St and containing ].29 acres, more or less.
<br /> It is agreed thaf fhis lease shall remain in full force for a term of T�pj � l�� years from this date, and as long thereafter as oil or gas, or
<br /> either of tliem, is produced from said Iand by the Iessee.
<br /> In consideration of the premises the said lessee covenants and agrees:
<br /> tst. To cleliver fo the credit of Tessor, free of cost, in tTie pipe line to which he may connect /tis wells, tl�e equal one-eightlt (�) part of alI oil produced and saved
<br /> f rom the leased premises.
<br /> 2nd. To pay lessor for gas from each well where gas only is found tTie equal one-eighth (�/s) of tlie gross proceec�s at the prevailing market rate, for aII gas.used of f
<br /> the premises, said payments to be made Qua.rterly
<br /> anc�lessor to have gas free of cost from any sucTi well for aIl stoves and all inside lights in the principal tlwelling house on said land during the same time by malzing his
<br /> own connections witl� the well at his own risk and expense.
<br /> 3rcl. To pay Iessor for gas produced from any oil well and used off tl�e premises or in t�e manufacture of gasoline or any otlier product a royalty of one-eighth
<br /> ('�) of the market value, at the mouth of the well, payable monthly at the prevailing marizet price.
<br /> I f no well be commenced on said land on or bef ore the 7 t rl day o f 0 e t o b e r , t q 1}.2 , this lease shall
<br /> terminate as to both parties, unless the lessee on or before that date sTiall pay or tender to the lessor, or to the lessor's credit in Tl�e Exehange
<br /> Bank at Gibbon, Nebraska ot its successors,wl�ich shall continue
<br /> as the depository regardless of changes in the ownership of said land, the sum of Thirty-two and 25/100 — — — — — _ _ _ _ _DOLLARS,
<br /> which sl�all operate as a rental and cover t�e privilege of deferring the commencement of a well fort��relve montl�s from said clate. In like manner and
<br /> upon like payments or tenders the commencement of a well may be further deferred for Iike periods of t�e same number of months successively. All 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, either direct to lessor or assigns
<br /> or to saic� clepository bank. And it is understood and agreed that the consideration f irst recited herein, tAe clown paymenf, covers not only the privileges granted to the
<br /> date when saicl first rental is payable as aforesaid, but also the lessee'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 land within twelve months
<br /> f rom the expiration of the last rental period f or whicli rental has been paicd, this lease shall terminate as to both, parties, unless the lessee on or bef ore tlie ezpiration of
<br /> said twelve months shall resume the payment of rentals in the same amount and in the same manner as l�ereinbefore provided. And it is agreed that upon the resump-
<br /> tion of the payment of rentals, as above provided, that the Iast preceding paragrapTi hereof, governing the payment of rentals and the effect thereof, shall continue in
<br /> force just as though there had been no inferruption in the rental payments.
<br /> If said lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein, then the royalties and rentals herein provided
<br /> shall be p�iid the lessor only in the proportion whieh his interest bears to the whole ancl undividecl f ee.
<br /> Lessee shall have th,e 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 Iessor, lessee s1�all bury his pipe lines below plow depth.
<br /> No well shall be drilled nearer than �oo feet to the house or barn now on said premises, without the written consent of the lessor.
<br /> Lessee shall pay f or alamages causec� by its operation to growing crops on saicl land.
<br /> Lessee shalC have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing.
<br /> I f the Iessee shall commence to drill a well within the term o f this Iease or any e xtension thereo f, tl�e lessee shall have the right to drill such well to completion with
<br /> reasonable diligence and dispatch, and if oil or gas, or either of them, be found in paying quantities, this lease shall continue and be in force with the like ef fect as if
<br /> such well had been completed within the term of years lierein first mentioned.
<br /> If the estate of either party liereto is assigned, and the privilege of assigning in w�ole or in part is expressly allowed, the covenants hereof sliall extencl to tlieir
<br /> heirs, executors, aclministrators, successors or assigns, but no change in the ownership of the lancl or assignment of rentals or royalties sFiall Tie binding on the lessee until
<br /> af ter the lessee has been f urnished with a written transf er or assignment or a true copy thereof; anc� it is hereby agreecl in the event tliis lease shall be assignec� as to a
<br /> part or as to parts of the above describecl Iands and the assignee or assignees of such part or parts sliall fail or malze default in the payment of the proportionate part of
<br /> the rents due from him or them on an acreage basis, such default sT�all not operate to defeat or af fect this lease in so far as it covers a part or parts of said Tands upon
<br /> wFiich. the said lessee or any assignee thereof shall make due payments of said rentals. 1f the leased premises are now or hereafter owned in severalty or in separate tracts,
<br /> the premises, nei�ertheless, may be der,eloped and operated as an entirety, and the royalties shall be paid to each separate owner in tlie proportion that the acreage owned
<br /> by him bears to the entire. leased area. There shall be no obligation on the part of the lessee to offset wells on separate tracts into wliich the land covered by this lease
<br /> may hereaf ter be divided by sale, devise, or otl�erwise, or to f urnisli separate measuring or receiving tanlzs f or the oiI produceal f rom such separate tracts.
<br /> Lessor hereby warrants and agrees to defend the title to the Iands lierein described, and agrees that tTie 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 Iands, in the event of default of payment by Iessor, and be subrogated to the rights of tFte holder
<br /> f�iereof.
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<br /> Signed, sea�ecl anc� c�elivered tn presence of ----------------------------------------------------------�----------------------------------------------------------...------._._._(SEAL)
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