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IL A D A LEASE ��� <br /> B -I-- 0 N G S �.:� <br /> Form 88.�-�(Producers) (NEBRASKA) �, <br /> 21262—The Auguatine Co., County 8upplles, Grand Island, Nebr. i <br /> FROM THE STATE OF NEBR.ASKA <br /> ss. <br /> R�z�y E. Carlson anc�. nusba.nd H�11 County, <br />, I hereby certify tTiat this instrument cuas entered on Numerical Index, ancl {iled <br />' for record th� �j0 day of �c t ob er 19 4�. • <br /> TO at 9 ;�� o'cloc� �1.M. ���c2�-�/ Q <br /> Register of� <br /> , Deputy. <br /> m , <br /> � <br />� .he C�rter Oil om;�any <br /> Fees, $ �• �� <br /> Commence <br /> AGREEI�IENT. Made and entered into this ��n day of 0 c t o b er , i g ��. , by and between <br /> Ruby E. Carlson anc�. Joe1. Carlson, her husp�nd, Shelt�n, Ne�rask2.. <br /> Party of tlie first part,hereinaf ter called lessor(whether one or more)and <br /> 'I'rl P C a...r t e r �j.� C o mp��11 y Part i e s o f the se.cond part, Fiereinaf ter ca[Ied lessee, <br /> WITNESSETH, �'hat tlLe saicl lessor, for ancl in eonsicleration of One ai?C� No/�00 — — — — — — — — — — — — — — DOLLARS, <br /> ., ;, cash in hand paid, receipt of which is l�ereby aclznowledged, and of the covenants and agreements hereinafter contained on the part of lessee to be paid, kept, 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 and only purpose of mining and operating <br /> for oiI and gas, ancl Iaying pipe Iines, and building tanlzs, power stations and structures thereon to procluce,save ancl take care of said proclucts,all that certain tract of Iand <br /> situated in tTie County of �2.Z.L State of NEBRASKA,described as follows, to-wit: <br />� <br /> T�ie South H�lf of tne North `^.TA�t Quarter ( S� NW�) <br /> of �ection 7 Township / �OT't�'1 Range Z� ��eS'� and containing �� acres, more or less. <br /> It is agreed that this lease shall remain in {uil force f or a term of t E 21 �l�� years f rom tTiis date, and as Iong thereaf ter as oiI or gas, or <br /> either of them, is produced from said land �iy the �essee. <br /> In consideration of the premises the said lessee covenants and agrees: <br /> ist. To deTiver to tTie credit of lessor, free o{ cost, in the pipe Iine to whiclt he may connect his weIls, the equal one-eighth ('/a) part of all oil produced and saved <br /> f rom the leased premises. <br /> 2nd. To pay Iessor for gas from eac� we��where gas only is found the equal one-eightFi (�/s) of t�ie gross proceec�s at the prevailing market rate, for all gas usecl of f <br /> the premises, said payments to be made ?nontnly <br /> and lessor to have gas f ree o f cost f rom any such well f or aII stoves nnd aIl inside lights in the principal dwelling house on said land during the same ti►rte by making Ixis <br /> own connections with the well at his own risk and expense. <br /> 3rcl. To pay lessor f or gas produced f rom any oiI well and used o f f the premises or in the manuf acture of gasoline or any other proc�uct a royalty of one-eiglxth <br /> ('%a) o f the marizet value, at the moutl� o f the well, payable monthly at the prevailing market price. <br /> 1 f no ruell be commenced on said land on or be f ore the 6 t rl day o f 0�t o b e r > tg �2 , this lease sTiall <br /> terminate as to botTi parties, unless tTie Iessee on or bef ore that date sTiall pay or tender to the lessor,or to tTie Iessor's credit in The F' �T'S t �t�t@ <br /> Banlz at �"r1P,�.tOi1� NE'br'��,S��c'� or its successors, which shall continue <br /> as the depository regardless of changes in tTie ownership of said Iand, the sum of `t'tiaenty a,i^iQ no/lOQ — — — — — — — — — — DOLLARS, <br /> which shall operate as a rental and cover the priuilege of cleferring the commencement of a well for 1� months from said date. In lilze manner and <br />�i upon lilte payments or tenclers the commencement o f a well may be f urther de f erred f or Iilze periods o f the same number of months successively. AII such payments or <br /> tenders of rentals may 6e made by clieck or draft of lessee or any assignee thereof, mailecl or c�eliverecl on or before the rental paying date, either direct to lessor or assigns <br /> or to said depository bank. And it is understood and agreed that the consideration f irst recitecl herein, the down payment, covers not only the privileges granted to the <br /> dafe when said first rental is payable as aforesaid, but also the lessee's option of extending that period as aforesaid, arzd 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 /> r or � e irat' n <br /> from trie expiration of tlie last rental perioc� for which. rental has been paic�, this Iease s�all terminate as to botlt parties, unless the lessee on o bef e t e xp to of <br /> said twelve months shall resume the payment of rentals in the same amount and in tlie same manner ns hereinbefore providecl. And it is agreed that upon the resump- <br /> tfon of the payment of rentals, as above provided, that the Iast preceding paragraph hereof, governing the payment of rentals and the effeot tTiereof, shall continue in <br /> f orce just as though there had been no interruption in the rental payments. <br /> I f said lessor owns a less interest in the above described land than the entire and undivided f ee simple estate therein, then the royalties and rentals herein provided <br /> shali be paid the Iessor only in the proportion which his interest bears to the whole and undivided f ee. <br /> Lessee shall have the rrght to use> free of cost, gas, oil, and water produced on said Iand for its operation thereon, except water from wells of Lessor. <br /> VVhen requested by lessor, lessee shall bury his pipe lines below plow dept�i. <br /> - No well shall be drillec�' nearer than 20o feet to the house or barn now on said premises, witliout the written consent of the Iessor. <br /> Lessee s�ia�l pay for clamages causec� by ifs operatiorz to growing erops on saicl Iancl. <br /> Lessee shall have the right at any time to remove aIl machinery and fixtures placed on said premises, including the right to draw and remove casing. <br /> If the Iessee shall commence to drill a well within the term of this lease or any extension thereof, the lessee shalC have the right to drill such well to completion with <br /> reasonable diligence and dispatch, and if oiI or gas, or either of them, be found in paying quantities, this lease shall continue and be in force with the like effect as if <br /> such well had been completed within the term of years herein first mentioned. <br /> If the estate of either party liereto is assigned, and the privilege of assigning in whole or in part is expressly allowed, the covenants hereof shall extend to their <br /> Iieirs, executors, administrators, successors or assigns, but no change in the ownership of the Iand or assignment of rentals or royalties sFiall be binding on tl�e lessee until <br /> after the Iessee has been furnished with a written transfer or assignment or a tru.e copy thereof; ancl it is hereby agreecl in the event this lease sliall be assigned as to a <br /> part or as to parts of t�e above c�escribecl Ianc�s and the assignee or assignees of such part or parfs shall fail or ma�xe c�efault in the paymen! of the proportionate part of <br /> the rents due from I�im or tTiem on an acreage basis, such default shall not operate to c�efeat or affect tkis lease irz so far as if covers a part or parts of saad lands upon <br /> which the said lessee or any assignee thereof shall make due payments of said rentals. If the leased premises are now or �ereafter owned in severalty or fn separate tracts, <br /> the premises, nenertTeeless, may be deneloped and operated as an entirety, and the royalties shall be paid to eac�, separate owner in the proportion that the acreage owned <br /> by Tiim bears to the entire leasec� area. There s1iall be no obligation on the part o f the lessee to of f set wells on separate tracts into which the land covered by this Iease <br /> may hereaf ter be divided by sale, devise, or otherwise, or to f urnish separate measuring or receiving tanks f or the oiI produced f rom such separate tracts. <br /> Lessor hereby warrants anc� agrees to c�efend the tit�e to the Iands herein descri6ed, and agrees that the lessee sTiall have tTie rigTit at any time to redeem for lessor by <br /> payment, any mortgages, taxes or other Iiens on the above described lands, in tTie event of clefautt of payment by Iessor, and be subrogated to tlie rights of the holder <br /> t�tereof. <br /> ---------------------------------------------------------Ruby---E._Carl son..._...----------._..._......(SEAL) <br /> ----------------------�------�--�--------------------....J^�1----�c�:C;.:�.b_c�Sl�------....------------------------- SEAL <br /> Signed, sealed and deli�ered in presence oF ( ) <br /> ----�----------------�----------------------._...-----------�-------...---------------------....-------.. <br /> _...------�----------------(SEAL) <br /> ------------------�--�-----------K. E..StavelY------------------�--------�------------------------------------------ -----...-----------...-�-------(SEAL) <br /> -------�--------------�-----------�---------------------�---�---------------------------------------- <br /> ------------------�-�-------------------------------�---�------�-------------------------------�-----�------------....-----�-�--�-----.... <br /> ----------------------------------------�--------------------------------------------------------._.._.._.__........._..------------(SEAL) <br /> -------------------------------------------•-------......---•----------•------------•-------------------------------------------..._(SEAL) <br /> .--�---------------------------------------------------------------------------------------------------------------------�---�--�--�------ •------_..------------------.......---------.:..--•----•---------------•---••------....-----.._.-------•---------------------.......(SEAL) , <br /> _ _ I <br />