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<br /> B I- OIL AND GAS LEAS ;
<br /> �
<br /> Form.88�(Producers) (NEBRASKA)
<br /> 21282—The Augustine Co., County Supplies, Grand Island, Nebr.
<br /> �pM THE STATE OF NEBRASKA
<br /> ss.
<br /> - Urand Is1_and Trust Company Hal1 County.
<br /> I hereby certify that this instrument was entered on Numerical Index, and filed
<br /> f or recorc� tliis �j� c�ay of 0 c t o b er 19Z{-]. • '
<br /> TO at g o'clock A. M. ` � ,
<br /> Register of Dee s.
<br /> The Car t er O il Company Deput''.
<br /> Fees, �-�� ?�
<br /> Commence
<br /> AGREEMENT, Made and enterecl into this 9 t'11 day o) n c t o b er . 19 4-1 . by and between
<br /> Grand Island Trust Company, Grand Island., Nebra.ska
<br /> T F � c m Pw�ty of tlie first part,hereinaFter called lessor(whether one or more)and
<br /> he Car� _r il o an _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
<br /> y r
<br /> p o l�e second art hereina te called Iessee
<br /> P�t Y f t n . f .
<br /> WITNESSETH, That the saicl lessor, f or and in consideration o f On e a:1 d No%100 — — — — — — — — — — — — — — — — DOLLARS,
<br /> cash in hancl paid, receipt of whicli is l�ereby aclznowledged, and of the covenants and ayreements hereinafter containecl on tl�e part of lessee to be paid, Izept, and per-
<br /> formed, has granted, demised, leased and Iet and by these presents does grant, demise,lease and let unto said lessee,for the sole ancl only purpose of mining and operating
<br /> for oil and gas, anc� Iaying pipe lines, and building tanlzs, power stations and structures thereon to proc�uce,save and take care of saicl products,all that certain tract of Iand
<br /> situated in the County of �ull State of NEBRASKA described as follows, to-wit:
<br /> South Ha.lf ( Sz) of Northeas� Quarter (NE�) and I3orth Ha1f (N�) of trie Southeast �uart er (�E4) of
<br /> o f Section 5 ev e n � 7� Township �1��-' �9� N• Range T w e 1 v e��-��''�• �d containing 1�7� acres, more or Tess.
<br /> It is agreed tTiat t1�is Iease shall remain in f uII f orce f or a term of t E n �1-�� years (rom this date, and as Iong thereaf ter as oiI or gas, or
<br /> eitlier of them, is produced from said land by the Iessee.
<br /> In consideration of the premises the said Iessee couenants and agrees:
<br /> tst. To deliver fo the credit of lessor, free of cost, in the pipe line to which he may connect his wells, t�.e equal one-eighth (1/s) part of all oiI produced and saved
<br /> f rom the leased premises.
<br /> 2nd. To pay lessor for gas from each weTl where gas only is founcl tFie equal one-eighth (�/s� o{ tTie gross proceeds at the prevailing marTzet rate, for alI gas used of f
<br /> the premises, said payments to be made monthly
<br /> and lessor to liave gas free of cost from any such.well for all stoves and all inside lights in th� principal clwelling Tiouse on said Iand during the same time by making his
<br /> own connections with the well at his own risk and expense.
<br /> grd. To pay lessor for gas procluced from any oil well and used off the premises or in the manufacture of gasoline or any otlier product a royalty of one-eighth
<br /> tli market value at the mouth. o tTie well a able montlil at t�e re
<br /> vailin market rice.
<br /> (1/s� of e . f . P Y Y P 9 P
<br /> I f no well be commenced on said land on or be f ore the �t h day o f 0 e t o b e r , t q �2 , this lease shall
<br /> . . .
<br /> terminate as to both arties, unless the lessee on or be ore that date shall pay or tencler to the Iessor, or to the lessors credat in The Grand Island Trust
<br /> i P f
<br /> Com��any -�k at Grand lsland, Nebraska or Itg gu��esgorg, Wh�oh shaIl continue
<br /> as the c�epository reyarclless of changes in tJte owners�iip of saicl Iand, the sum of Forty a.nd No/100 — — — — — — — — _ DOLLARS,
<br /> which shall operate as a rental and cover the privilege of deferring the commencement of a well for 12 months from said date. In like manner and
<br /> upon like payments or tenclers the commencement of a well may be further deferred for like periocls of the same number oF montT�s successively. AII suc�i payments or
<br /> tenders of rentals may be made by check or draft of lessee or any assignee thereof, mailed or clelivered on or before the rental paying date, either clirect to lessor or assigns
<br /> or to said depository banlz. And it is understood and agreed that the consideration f irst recited T�erein, the down payment, covers not only the privileges granted to t�e
<br /> clate when said first rental is payable as aforesaid, but also the Iessee's option of extending that period as aforesaid, and any and alI other rights conferred.
<br /> Should the first well clrilled 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 montTis
<br /> from the expiration of tl�e 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 /> 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 the resump-
<br /> tion of the payment of rentals, as above provicled, that the Iast prececling paragrapTi hereof, governing the payment of rentals and the effect thereof, shall continue in
<br /> Force just as though there had been no interruption in the rental paymenls.
<br /> 1f said lessor owns a less interest in the above described Iand t�an the entire and unclivided fee simple estate tl�erein, tlien the royalties and rentals herein provided
<br /> shall be pcxid the lessor only in the 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 proclucec� 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 deptFi.
<br /> No well shall be drilled nearer tl�an zoo feet to the house or barn now on saicl premises, witliout t�e written consent of the lessor.
<br /> l.essee shall pay for damages caused by its operation to growing crops on said land.
<br /> Lessee shall have the right at any time to remove alI machinery and fixtures placed on said premises, including the right to draw and remove casing.
<br /> If the lessee shall commence to drill a well witl�in the term of this Iease or any extension tl�ereof, the lessee s�all have the right to drill sucli well to completion with
<br /> reasonable ctiligence ancl dispatch, and if oil or gas, or eit�ter of them, be founcl in paying quantities, tltis Lease shall continue and be in force wit�i tlie like ef fect as if
<br /> such well Iiacl been eompletecl within the term of years �ierein first mentionec�.
<br /> If the estate oF either party hereto is assigned, and the privilege of assigning in whole or in part is expressly allowed, t�e covenants hereof shall extend to their
<br /> lieirs, executors, aclministrators, successors or assigns, but no change in the ownersTiip of the land or assignment of reretals or royalties shall be binding on tlie Iessee until
<br /> af ter the Iessee has been f urnishecl witli a written trans f er or assignment or a tru,e copy thereo f; ancl it is liereby agreed in the event this lease shall be assigned as to a
<br /> part or as to parts of the above described Iands and the assignee or assignees of such part or parts sliall fail or make default in the payment of the proportionate part of
<br /> the rents clue from him or them on an acreage basis, sucli default shall not operate to defeat or affect this lease in so far as it covers a part or parts of said lands upon
<br /> which the said lessee or any assignee thereof s/iall maTze due payments of said rentals. If the leasecl premises are now or Tiereafter owned in severalty or in separate tracts,
<br /> the premises. nei�ertheless, mny be deneloped and operated as an entirety, and the royalties shall be pafd 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 o{fset wells on separate tracts into whicF� the land covered by this lease
<br /> may hereaf ter be clivided by sale, clevise, or otherwise, or to f urnish separate measuring or receiving tanlzs f or th.e oiI produced f rom such separate tracts.
<br /> Lessor hereby warrants and agrees to defend tTie title to the lands herein described, and agrees that the lessee shall haue the right at any time to redeem for Iessor by
<br /> payment, any mortgac�es, taxes or other Iiens on the above described lands, in the event of default of payment by Iessor, and be subrogated to the rights of t�e holder
<br /> t�iereof.
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<br /> Signec�, sealed and deliverecl in presence of ---------------------••-•••••-----------------��T.•-•I.�..R..�`r�dd�-�-------._...---��--------------------------(SEAL)
<br /> Secreta.ry
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