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<br /> `��S
<br /> B -P OIL AND GAS LEASE
<br /> Form 88�--(Producere) (NEBRASKA)
<br /> 21282—The Augustine Co., County 8uppliea, Grand Island, Nebr.
<br /> �pM � THE STATE OF NEBRASKA
<br /> ss.
<br /> �ial l �.'ounty,
<br /> Dor. a Hill, '�nT1C10W� 1 Iiereby certify that this instrument was entered on Numerical Index, ancl filed
<br /> for record this 3� day of October g �l ,
<br /> � ' TO at 9 o'clock A. M. ��c��-u�L �
<br /> � Register of�
<br /> ' Deputy.
<br /> Tne Carter Oil Comp�ny Fees, � �•;�j
<br /> �,'ommence
<br /> AGREEMENT. Made and entered into this 7 t�"1 day of �C�O-b�T' , ig 41. , by and between
<br /> Lora Hi11 , a «idow, Snelto:i, Nebra,���.
<br /> Party of the first part,hereinafter called lessor(whether one or more)and
<br /> `I'�].2 �i'�T't2T' Oil CO1Tl a.I1 Parby o the second art Tiereina ter callec�lessee,
<br /> .
<br /> P Y f n f
<br /> WITNESSETH, T hat the saic� lessor, f or ancl in consicteration o f 4n e h u n d.r e d N i n e t y—F i v e — — — — — — — — — — DOLLARS,
<br /> cash in hancl paid, receipt of which is Tiereby acknowledged, and of the covenants and aflreements liereinafter contained on the part of lessee to be paid, kept, and per-
<br />, formed, ha`s granted, demised, leased and lef and by these presents does gmret, demise,lease and Iet unto said lessee,for the sole and only purpose of mining and operating
<br /> for oiI and gas, and Iaying pipe lines, and building tanlzs, power stations and structures thereon to produce,save ancl talze care of said products,all that certain tract of land
<br /> situated in the County of Hc'3. !_l State of NEBRASKA cleseribed as follows, to-wit:
<br /> The South Half of the Scuth Ha.lf ( S-���) Section 7; The North Half of the North ��1est Quarter
<br /> (NzNW4) , The North �nTest Quart=r of tt7e North East Qua.rter (NW4 NE4 ) , Lots 5 and 6 in the
<br /> i�Tortn East �uarter, Lots l, 2, 3 ana 4 on Islar�d, tne South Half of trle South East Qua.rter
<br /> �. 1 + �i ?
<br /> �
<br /> S:.> SE- and ttle Sou�h East Quarter of trie South �est Quarter ( SE4 S��T4 )
<br /> � .. � )
<br /> of Section l�i Township 9 North Range 12 �Test and containing 7g`� acres, more or less.
<br /> It is agreed that this lease shall remain in f uIl f orce f or a term of t e n � l�� years (rom this date, and as long thereaf ter as oiI or gas, or
<br /> either of them, is produced from said land by tlie Iessee.
<br /> In considerafion of flae premises tl�e said Iessee covenants and agrees:
<br /> tst. To deliver to the credit of Lessor, free of cost, in the pipe line to which h.e may connect his wells, the equal one-eighth ('/s) part of aIl oiI proc�uced and saved
<br /> f rom t1�e leased premises.
<br /> �nd. To pay lessor for gas from eacl�well where gas only is found the equal one-eigTith (%8) of tlie gross proceeds at tTie prevailing marTzet rate, for aIl gas used of f
<br /> the premises, said payments to be macle mo n t'ri 1 y
<br /> and lessor to have gas free of cost from any suc� well for all stoves and aIl inside I�hts in the principal dwelling house on said land during the same time by malzing his
<br /> own connections wit�. the well at �is own risk and expense.
<br /> grd. To pay Iessor for gas producecl from any oil well and used of{ the premises or in the manufacture of gasoline or any other procluct a royalty of one-eighth
<br /> ('�) of the market value, at the moutT� 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 tY1 day o f �C 1;o b er . t9 �-2 , this Iease shall
<br /> terminate as to both parties, unless the lessee on or before that date s1iall pay or tencler to the lessor,or to tl�e Iessor's credit in TTie
<br /> F+'�12'S� �"t�,t@ $ank at Sh e 1 t o n, P1 E'pr'�.SK r'z or its successors, w6t�h ghaIl continue
<br /> as the depository regardless of changes in the ownership of said Iand, the sum of �;1 P Hurinr e d 1V 1218 i,y F' 1 V 2 — — — — — — — DOLLARS,
<br /> which shall operate as a rental and cover the privilege o f def erring the commencement o f a well f or Z.2 months f rom said date. In lilte manner ancl
<br /> upon lilze payments or tenders the commencement of a well may be further deferred for like periocls of the same number oF months successively. All such payments or
<br /> tenders of rentals may 6e made by check or draft of lessee or any assignee thereof, mailed or delivered on or before the rental paying tlate, either direct to Iessor or assigns
<br /> or to said depository bank. And it is understood and agreed that the consideration f irst recited herein, the clown payment, covers not only the privileges granted to the
<br /> date when said first rental is payable as aforesaid, but also the lessee's option of extending that period as aforesaid, and any and alI other rights conferred.
<br /> Should the f irst well drilled on the above described land be a dry hole, tl�en, ancl in that event, if a second well is not commenced on said Iand within twelve months
<br /> from the expiration of the last rental period for which rental has been paid, this lease shall terminate as to botl� parties, unless the Iessee on or before the expiration of
<br /> saicl twelve months shall resume tTie payment of rentals in the same amount and in the same manner as hereinbefore provided. And it is agreed that upon the resump-
<br /> tion of the payment of rentals, as above provided, that tTie Iast prececling paragraph hereof, governing the payment of rentals and the ef fect thereof, shall continue in
<br /> force just as though there had been no interruption in the rental paymenls.
<br /> 1 f said lessor owns a less interest in the above c�escribecl Iand than the entire and undivicled f ee simple estate therein, then the royalties and rentals herein provided
<br /> sTiall be paid the �essor only in tl�e proportion which his interest bears to the whole and undivided f ee.
<br /> Lessee shall h.ave 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 /> When requested 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, without the written consent of tlie lessor.
<br /> Lessee s�iall pay f or clamages eausec� by its operation to growing crops on saic� lancj.
<br /> Lessee shall have the right at any time to remove aIl macTiinery and fixtures placed on said premises, including the right fo draw and remove casing.
<br /> If the lessee shall commence to drill a well within t�e term of this lease or any extension thereof, the lessee shall have the right to drill such well to completion wit�i
<br /> reasonable diligence and dispatcl�, and if oiI or gas, or either of them, be founcl in paying quantities, this Iease 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 eitTier party hereto is assigned, and the privilege of assigning in wTiole or in part is expressly allocued, the covenants I�ereof sliall extend to their
<br /> heirs, executors, administrators, successors or assigns, but no change in tl�e ownership of the land or assignment of rentals or royalties sTiall be binding on the lessee until
<br /> af ter the Iessee lias been f urnished witli a written trans f er or assignment or a true copy thereo f; and it is hereby agreed in the event this lease shall be assigned as to a
<br /> part or as to parts of the above clescribecl Iancls 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 c�ue from him or them on an acreage basis, such default shall not operate to defeat or affect tliis Iease in so far as it covers a part or parts of said Iands upon
<br /> which the said lessee or any assignee tl�ereof sl�all malze due payments of said rentals. If the leased premises are now or l�ereafter owned in severalty or in separate tracts,
<br /> the premises, nenertheless, may be deneloped and operated as an entirety, and the royalties shall be paid to each separate owner in the proportion that the acreage owned
<br /> by him bears to the entire Ieased area. There shall be no obligation on the part of the lessee to offset wells on separate tracts into which the land covered by this lease
<br /> may hereafter be c�ivided by sale, devise, or otherwise, or to furnish separate measuring or receiving tanlzs for the oil produced from such separate tracts.
<br /> Lessor hereby warrants and agrees to de f end the title to the lands herein described, and agrees that the Iessee shall have th,e right at any time to redeem f or Iessor by
<br /> payment, any mortgages, taxes or other liens on the above described lands, in the event of default of payment by lessor, and be subrogated to the rights of the h.older
<br /> thereo f.
<br /> ----------------------------------------------------------Dax�.�..._H�.11-----.._.........._..._._....----------------(SEAL)
<br /> Signed, sealecl and cleliverec�in presence a( --------...-�-------------------------�---------------------......-----�-----------------------------�--------------�---------------(SEAL)
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