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B -I- OIL AND GAS LEASE ��'
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<br /> Form 88�(Producers) (NEBRASKA)
<br /> E1282—The Augustine Co., County 8upplies, Grand Island, Nebr.
<br /> FROM THE STATE OF NEBRASKA
<br /> ss.
<br /> �,'ounty,
<br /> Gera.ldine DeBa.cker �: YlUSCJ8114� 1 �ereby certify tF�at this instrument was entered on Numerical Index, and filed
<br /> f or record this �� clay o f �C�O b�P;t'' � p � �.-1,9�1 ,
<br /> TO at 9 o'clock A. 1�'I, `j�z-�Gr�u-sL�,.f�
<br /> Register of De�
<br /> Tne CGrter Oil �ompany Deputy.
<br /> Fees, $ �. ��
<br /> L'ommence
<br /> AGREEMENT. Made and entered into this 9�� day o� 0 c t�b er , tq �1. , by and between
<br /> Geraldine D2Backer and L.J. DP�ac�.er, her h>>sb�,nd, Hastin�s, T�Iebras�sa.
<br /> Party of the f irst part, hereinaf ter called lessor(wjeet�ier one or more)anc�
<br /> T h e C�,Y't P,T' ��.1 C o m�a.n y Part y o f the second part, hereinaf ter called lessee,
<br /> WITNESSETH, That t�e said lessor, `or and in consideration of One c�- I1C� no/lOC� — — — — — — — — — — — — — — DOLLARS,
<br /> cash in Tiand paid, receipt of wTiich is hereby acknowledged, and of the covenants and agreements hereinafter contained on tlie part of lessee to be paid, Izept, and per-
<br /> formed, lias granted, demised, leased and Iet and by these presents does grant, demise,lease and let unto said lessee,for tAe sole ancl only purpose of mining and operating
<br /> f or oil and gas, an�I Iaying pipe lines, ancl building tanlzs, power stations and structures thereon to procluce,save and talze care o f said products,aIl that certain tract o f land
<br /> situated in the County of H�11- State of NEBRASKA described as follows, to-wit:
<br /> The North Ha1f of the North West �uarter (N� NW¢)
<br /> o f Section 1� Township 9 N o r t rl Range 12 �t1 @ S and containing �`� acres, more or Iess.
<br /> It is agreed that this lease s1iall remain in f uIl f orce f or a term of �'e n �l�� years f rom this date, and as Iong thereaf ter as oil or gas, or
<br /> either o f tliem, is proclucecl f rom said Iand by the Iessee.
<br /> In consicleration of the premises the said lessee covenants and agrees:
<br /> ist. To deliver fo the credit of Iessor, free of cost, in tlie pipe line to which he may connect his wells, th,e equal one-eighth ('/s) part of all oil produced and saved
<br /> f rom the Ieased premises.
<br /> 2nd'. To pay lessor for gas from each well where gas only is founcl the equal one-eighth (�/s) of the gross proceeds at the preuailing market rate, for aIl gas used of f
<br /> t�e premises, said payments to be made mhntrlly
<br /> and lessor to have gas free of cost from any sucli well for all stoves and aII inside Iiglits in the principal dwelling house on said land during the same time by malzing his
<br /> own connections with. the well at his own rislx and expense.
<br /> 3rcl. To pay lessor for gas produced from any oil well and used of f the premises or in the manufacture of gasoline or any other procluct a royalty of one-eig�th
<br /> ('/a) of the marizet value, at the mouth of the well, payabTe montl�ly at the prevailing market price.
<br /> I f no well be commenced on said land on or bef ore the Q trl day o f �e t o a e r , ig �2 , this Iease shall
<br /> terminate ns to both parties, unless the lessee on or before that date shall pay or tender to the Iessor,or to the lessor's creclit in The Hastings National Bank
<br /> Bank at H�,S t�r?�'S� l�P,bY'�S�c7 or its successors, which shall continue
<br /> as the clepository regardless o f ehanges in tl�e ownership o f said land, the sum o f 'j'�,�T 8 i7 t� c'�-.:1 C� n o�100 — — — — — — — — _ _ DOLLARS,
<br /> which shall operate as a rental and cover the privilege of deferring the commencement oF a well for 12 montlis from said date. In like manner and
<br /> upon like payments or tenders the commencement of a well may be further deferred {or like periods of the same number of months successively. AIl such 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 rentul 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 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 aIl other rights conferred.
<br /> Should the f irst well clrillecl on the above described Iand be a dry Tiole, then, and in that 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, this lease shall terminate as to both parties, unless the lessee on or before tl�e expiration of
<br /> saicl twelve months shall resume the payment o f rentals in the same amount and in the same manner as hereinbef ore provided. And it is agreed that upon the resump-
<br /> tion of tlie payment of rentals, as above providec�, that tl�e last preceding paragraph l�ereof, governing the payment of rentals and the effect thereof, shall continue in
<br /> force just as though t/iere had been no interruption in the rental payments.
<br /> If said lessor owns a less interest in t�e above described land than the entire and undivided fee simple estate therein, then the royalties and rentals herein provided
<br /> sTiall be pcaid the Iessor only in the proportion which his interest bears to the whole and undivided f ee.
<br /> Lessee shall have the right to use, free of cost, gas, oil, and water produced on said land for its operation thereon, except water from wells of Iessor.
<br /> When requested by Iessor, lessee shail bu.y hts pipe Iines below plow depth.
<br /> No well shall be drilled nearer tlian 20o feet to the house or barn now on said premises, witl�out the written consent of the �essor.
<br /> I.essee sliall pay f or cTamages eausec� by its operation to growing erops on said Iancl.
<br /> Lessee shall have tl�e right at any time to remove all machinery ancl fixtures placed on said premises, including the right to draw and remove casing.
<br /> 1f the Iessee shall commence to drill a well within the term of this Iease or any extension thereof, the Iessee 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 Iease shall continue and be in force with tl�e Iilze effect as if
<br /> such well hatl been completecl within t�e term of years �ierein f irst mentioned.
<br /> If the estate of either party hereto is assigned, and the privilege of assigning in whole or in part is expressly alloL�ed, the covenants hereof shall extend to their
<br /> lieirs, executors, administrators, successors or assigns, but no change in tl�e ownership of the lancl or assignment of rentals or royalties shall be binding on tTie Iessee until
<br /> af ter the Iessee has been f urnished with a written trans f er or assignment or a tru.e copy tl�ereo f; and' it is Tiereby agreed in tlie event this Iease s1iall 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 sl�all fail or malze default in the payment of tAe proportionate part of
<br /> the rents clue from him or them on an acreage basis, such 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 saicl lessee or any assignee tl�ereof shall make due payments of said rentals. If the Ieased premises are now or hereafter owned in severalty or in separate tracts,
<br /> the premises, nei�ertTieless, mny be der�eloped and operated as an entirety, and the royalties shall be paid' to each separate owner in the proportion that the acreage owned
<br /> by htm 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 wl�ich, the land covered by this lease
<br /> may hereaf ter be divided by sale, devise, or oth.erwise, or to f urnish separate measuring or receiving tanTzs f or the oiI proclucecl f rom such separate tracts.
<br /> Lessor hereby warrants and agrees to de f end the title to the Iands herein described, and agrees that tFie lessee shall have the right at any time to redeem f or Iessor by
<br /> payment, any mortgages, taxes or other liens on the above described Iands, in the event o{ default of payment by lessor, and be subrogated to the rights of tlie �older
<br /> thereo{.
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<br /> Signed. sealed and delivered in presence o( ---------------------------------------------------Ger.�.�.3�n�---D���,�}�.�.�.--.------------....._(SEAL)
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<br /> JamesD. Ccnwa.y-------�------------------------------------------------------ -----�-�-�-------...---------...----------------------------------------------------�---------------------------------�-----.._.....(SEAL)
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