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<br /> B -I- OIL AND GAS LEASE �`�9
<br /> ��
<br /> Form 88�(Producers) (NEBRASKA)
<br /> . 21282—The Auguatine Co., County Supplies, Gra.nd Island, Nebr.
<br /> FROM TH� STATE OF NEBRASKA
<br /> ss.
<br /> John A.Holl a.nd ?tiT�.fe� County,
<br /> 1 hereby certify tl�at this instrument was entered on Numerical Index, and filed
<br /> f or recorc� this 2 5 cTay of 0 c t c b e r � 41 •
<br /> TO nc 9 :C 0 0'�lo�k A d�l. ��;z���C��
<br /> Register of De�
<br /> The Carter Oil �om�any Deputy. '
<br /> Fees, $ 2. 2�
<br /> �,'ommence
<br /> AGREEMENT, Made and entered into this _lOth day of Oetober . tg �}I , by and between
<br /> John A. No11 and Elizabeth Holl, husbanci a.nd. w° fe, cf Kenesaw, T�Ebraska.
<br /> Party of th,e f irst part, TiereinaFter called lessor(whether one or more)and
<br /> 2'ti12 Cart er Oil �ompany — — — — — — — — — — — — — — — Part y of the second part, l�ereinafter called lessee,
<br /> WITN�SS�TH, That the saic�lessor, for anc�in eonsicleration o{ One �nd 0.V. ri. DOLLARS,
<br /> cash in liand paid, receipt of which is hereby aclznowledged, and of the covenants ancl agreements hereinafter contained on the part of lessee to be paid, kept, an�I per-
<br /> f ormed, has granted, demised, leased and Tet and by these presents does grant, demise, lease and let unto said lessee,f or tlie sole ancl only purpose of mining ancl operating
<br /> for oil anc�gas, anc� Iaying pipe lines, and building tanlzs, power stations ancl structures thereon to produce,save and take care of said proclucts,aIl that certain tract of Iand
<br /> situatecl in the County of Hall State of NEBRASKA clescribecl as follows, to-wit:
<br /> ,:�
<br /> A11 of the North�rest quarter ( NWa) lying Scuth of t'rle Platte River, �.nd tne Northeast qua.rter
<br /> (NE�) of the SouthU�est quarter ( 5UJ4) , all in
<br /> �
<br /> oF section 32 Towns�ip 9 Nortn, Range 12 West and containing 139 acres, more or less.
<br /> lt is agreed tTiat this lease shall remain in f ull f orce f or a term of 2'e p �1,Q� years {rom this clate, and as long thereaf ter as oil or gas, or
<br /> either of tliem, is proclueecL from said Iand'by the lessee.
<br /> � In consicleration of the premises th.e said lessee covenants and agrees:
<br /> ist. To cleliuer to tTie credit of Iessor, free of cost, in the pipe line to which he may connect his wells, tlie equal one-eighth ('/a) part of all oil produced and saved
<br /> from the leased premises.
<br /> 2ncl. To pay lessor for gas from each well where gas only is found the equal one-eighth (�/s) of the gross proceecls at tTie prevailing market rate, for all gas used of f
<br /> the premises, saicl payments to be mac�e Qu ar t er 1 y
<br /> and lessor to have gas free of cost from any such well for alI stoves and all inside ligTits in th,e principal clwelling I�ouse on said land during the same time by making his
<br /> own connections with the well at his own risk ancl expense.
<br /> 3rd. To pay lessor for gas producec� from any oil well and usecl of f t�e premises or in the manufacture of gasoline or any other product a royalty of one-eight�i
<br /> ('/s) of the market value, at the mouth of the well, payable montlily at the prevailing marizet price.
<br /> If no well be commenced on said land on or before the lOth day of Oetober , lq �+2 , this lease sT►all
<br /> terminate as to both parties, unless the lessee on or before that date shall pay or tender to the Iessor,or to the lessor's credit in The Adans County
<br /> Banlz at �e n e s a.w, N P'ar a.s ka or its successors, which shglI continue
<br /> as the depository,regardless of changes in the ownership of said land, the sum o( '1'�'_lrty' Four r�.t7C� 75I100ths — — — — _ DOLLARS,
<br /> wliicli shall operate as a rental and cover the privilege o f def erring the commencement o f a well f or �W@�V e months f rom said clate. In lilze manner and
<br /> upon lilze payments or tenders the commencement o f a well may be f urther def erred f or Iilze periods o f the same number of montlis successively. All suc� payments or
<br /> tenders of rentals may be made by checlz or draft of Iessee or any assignee thereof, mailed or cleliverecl on or before the rentaj paying clate, either clirect to lessor or assigns
<br /> or to said depository bank. And it is understood and agreed that the consideration f irst recited herein, the down payment, covers not only tlie privileges granted to the
<br /> c�ate when said 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 drillecl on the above described land be a dry hole, tl�en, and in tl�at 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, tT�is Iease shall terminate as to botTi parties, unless t1�e Iessee on or before the expiration of
<br /> saic� twelve months sl�all resume the payment of rentals in the same amount and in the same manner as hereinbefore provided. And it is agreed tTiat upon tAe resump-
<br /> tion of the payment of rentals, as above provided, that the Iast precerling paragrapli Iiereof, governing the payment of rentals and the effect thereof, shall continue in
<br /> f orce just as t�ough there hacl been no interruption in the rental payments.
<br /> If said lessor owns a less interest in the above described land than the entire and undi�ided fee simple estate therein, then the royalties and rentals herein provided
<br /> shall be paid the Iessor only in tl�e proportion which his interest bears to the whole and undivided fee.
<br /> Lessee shall have the right to use, free of cost, gas, oil, ancl water producecl on said Iancl for its operation thereon, except water from wells of lessor.
<br /> VV1�en requested by lessor, lessee shali bu►y hzs pipe lines below plow depth.
<br /> No well shall be clrilled nearer than 20o feet to the house or barn now on said premises, without the written consent of tl�e lessor.
<br /> I,essee sliall pay for c�amages eausecl by its operation to growing erops on saic� lancl.
<br /> T essee shall have tTie 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 lessee shall commence to drill a well within the term o f this lease or any e xtension thereo f, the lessee sha.11 have the right to drill such well to completion with
<br /> reasonable dilic�ence 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 Iike effect as if
<br /> such well had been completed within the term of years herein first mentioned.
<br /> If the estate of either.party hereto is assignecl, and the privilege of assigning in whole or in part is expressly allowecj, the covenants jtereof shall extenc� to their
<br /> lieirs. executors, aclministrators, successors or assigns, but no change in t�ie ownership of the lancl or assignment of rentaTs or royalties sliall be binding on tlie lessee until
<br /> after the lessee has been furnished with a written transfer or assignment or a tru.e copy tliereof; and it is Tiereby agreecL in the event this Iease shall be assigned as to a
<br /> part or as to parts of the above c�escribed lands and the assignee or assignees of such part or parts shall fail or make default 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 c�efeat or af fect this lease in so far as it covers a part or parts of said lands upon
<br /> whic�. the said lessee or any assignee thereo f shall malze due payments of said rentals. 1 f tlie leased premises are now or hereaf ter owned in severalty or in separate tracts,
<br /> the premises, nenertheless, may be developeol and operated as an entirety, and the royalties s1iall be paid to each separate owrier in the proportion that th.e acreage owned
<br /> by him 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 wTiich the land covered by tliis lease
<br /> may hereaf ter be divided by saTe, devise, or otherwise, or to f urnisFt separate measuring or receiuing tanks f or the oiI produced f rom such separate tracts.
<br /> Lessor hereby warrants and agrees to defend the titTe to the lands herein described, and agrees that th,e lessee shall have the rigF�t at any time to redeem for lessor by
<br /> payment, any mortgages, taxes or other liens on the above described lands, in the event of c�e{ault of payment by lessor, and be subrogated to the rights of the holder
<br /> thereo f.
<br /> --------------�--------.._....----------------------------John---A,,Ho11---------------------------............(SEAL)
<br /> Signed, sealed and delivered in presence o{ ..........................................................El_i_zabeth Ho11 __(SEAL)
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<br /> «'m.G.Larsen ----------------------------------------------------(SEAL)
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