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<br /> B -I- OIL AND GAS LEASE ,;;
<br /> �
<br /> Form 88�--�(Producers) (NEBRASKA)
<br /> 51282—The Auguatine Co., County Suppliea, Grand Island, Nebr.
<br /> FROM THE STATE OF NEBRASKA
<br /> ss.
<br /> Lillian 2�. Bentley, and ;aife, xall County,
<br /> I l�ereby certif y that this instrument was enterecl on Numerical Index, ancl f iled
<br /> for recorcl t�is �j� clay of Octo ber 19 �l •
<br /> TO at g: �0 o'clock A. M. • �
<br /> Register of De�
<br /> The Ct�.?'tPY' Oil Company Deputy.
<br /> Fees, $ 2. J�
<br />' Commence
<br /> AGREEMENT, Made and entered into this ��h day o� 0etober , ig ��., by and between
<br /> Lillia.n 2�I.Bentley anc� Berton M. Bentley, ner hus-oand, Shelton, Nebraska,
<br /> Party o f tlie f irst part,hereinaf ter called lessor(whether one or more)and
<br /> �'�'1 @ C a.r t�'T' �1� C o m}�a n y Part y of tTie second part, hereinaf ter called Iessee,
<br /> WITNESSETH, That the said lessor, for and in consideration of �n? r�nd n0��-�� — — — — — — — — — — — — — — DOLLARS,
<br /> cash in hand paid, receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter contained on the part of lessee to be paid, Izept, and per-
<br /> f ormed, has granted, demised, Ieased and Iet and by these presents does grant, demise, Iease and Iet unto said lessee,f or the sole and only purpose o f mining and operating
<br /> for oiI and gas, and Iaying pipe lines, and bu�lding tanlzs, power stations and structures thereon to procluce,save and talze care of said products,aIl that certain tract of land
<br /> situatecl in the County of H�11 State of NEBRASKA described as follows, to-wit:
<br /> Tne Nr�rth Half of the South '•'�'est �,ua.rter (Nz Sj�t�)
<br /> �
<br /> of Section 7 Townsl�ip 9 North Range 1.2 �?JeSt and containing g`Q acres, more or less.
<br /> It is agreed that this lease shall remain in )u[1 {orce f or a term of Z� years {rom this date, and as Iong thereaf ter as oiI or gas, or
<br /> either o f them, is produced f rom said land by the Iessee.
<br /> In consicleration of the premises the said lessee covenants and agrees:
<br /> ist. To deliver to the credit of lessor, free of cost, in the pipe Tine to which he may connect his wells, tTie equal one-eigTith (�) part of all oiI produced and saved
<br /> f rom tlie leased premises.
<br /> a,nd. To pay Iessor for gas from each well wliere gas only is found the equal one-eighth (�/s) of the gross proceeds at t�e prevailing market rate, for aIl gas used of f
<br /> the premises, saicl payments fo be made Mo n tn 1 y
<br /> and Iessor to have gas f ree o f cost f rom any such well f or alI stoves and alI inside lights in the principal dwelling house on said land during the same time by making Tiis
<br /> own connections with the well at his own rislz and eacpense.
<br /> grd. To pay lessor for gas produced from any oil well and used of f the premises or in tFie manufacture of gasoline or any other product a royalty of one-eighth
<br /> ('/s) of the market value, at the mouth of tl�e well, payable monthly at the prevailing marizet price.
<br /> 1 f no well be commencecl on saicl lancl on or be f ore the 6 t�1 day o f 0 e t e b e r , t q 1.#.2 , this Iease shall
<br /> terminate as to both parties, unless the lessee on or before that date shall pay or tencler to t�e Iessor, or to tlie lessor's credit in T�e F�2'S t �'ta.tE,'
<br /> Bank at Sh e 1 t o n, ?�1�C OT'c'�S��c'�.. or its successors, .,�h��h ghall continue
<br /> as the depository regarclless of changes in the ownership of said land, the sum of y'nTPrity and No/100 - _ _ _ _ _ _ _ _ _ DOLLARS,
<br /> wTiich shall operate as a rental and cover the privilege of def erring the commencement of a well f or 12 months f rom said date. In like manner and
<br /> upon like payments or tenders the commencement of a well may be further deferrecC for Iike periods of the same number of months successively. AII such payments or
<br /> tenders of rentals may be macle by check or draft of lessee or any assignee thereof, mailed or delivered on or before the rental paying date, eitlier direct to lessor or assigns
<br /> or to said cZepository bank. And it is understood and agreed tT�at 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 extencling tliat period as aforesaid, and any and alI other rigTits conferred.
<br /> Should the f irst well drilled on the above described land be a dry hole, then, and in that event,if a seconcl 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, tTiis lease shall terminate as to both parties, unless the lessee 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 provicled. And it is agreed that upon the resump-
<br /> tion of the payment of rentals, as above proviclec�, that the last preceding paragraph hereof, governing the payment of rentals and the effect thereof, shall continue in
<br /> force just as though there Fiad been no interruption in tl�e rental payments.
<br /> If said lessor owns a less interest in t�e above describecl Ianc�tlian the entire and undivided fee simple estate therein, then the royalties and rentals Tierein provided
<br /> shall be pexid the lessor only in t�ie proportion whiel� Ftis interest bears to t�e whole ancl unclivic�ecl fee.
<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 /> Wlien Pequested by lessor, lessee shall bury his pipe lines below plow depth.
<br />' No well shall be drilled nearer thnn 20o feet to the house or barn now on said premises, without the written consent of the lessor.
<br /> l,essee sF�aII pay f or clamages caused by its operation to growing crops on saic� lanc�.
<br /> Lessee shall have tlie 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 lessee shall commence to clrill a well within the term of this lease or any e xtension thereof, th.e lessee shall have the right to drill sucl� well to completion with
<br /> reasonable dilic�ence and dispatch, and if oil or gas, or either of tliem, be found in paying quantities, tl�is lease sl�all continue ancl be in force wfth the liTze ef fect 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 assigned, and tlie privilege of assigning in wliole or in part is expressly allowed, the covenants hereof sh.all extend to their
<br /> heirs, executors, administrators, successors or assigns, but no change in the ownership of the land or assignment of rentals or royalties shall be binding on the lessee until
<br /> af ter the lessee Tias been f urnished witli a written transf er or assignment or a true copy thereof; and it is hereby agreed in tlie event this lease shall be assigned as to a
<br /> part or as to parts of the above described 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 clue from him or tTiem on an acreage basis, such. default shall not operate to clefeat or affect this lease in so far as it covers a part or parts of said Iands upon
<br /> which tTie saicl Iessee or any assignee thereof sliall malze clue payments of said rentals. If the leased premises are now or �ereafter owned in severalty or in separate tracts,
<br /> the premises, nec�ertheless, may be dei�eloped and operated as an entirety, and the royalties shall be paid to eacl� separate owner in the proportion that the acreage owned
<br /> by him bears to the entire leased area. There shall be no obligation on tl�e part of the lessee to offset wells on separate tracts into which the land covered by tliis Iense
<br /> may liereaf ter be divided by sale, devise, or otherwise, or to f urnish separate measuring or receiving tanks f or the oil produced f rom such separate tracts.
<br /> Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees tFiat the lessee shall have the right at any time to redeem for lessor by
<br /> payment, any mortc�ages, taxes or other Iiens on the above described lands, in the event of default of payment by lessor, and be subrogatecl to the rights of the Tiolder
<br /> tjtereof.
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<br /> Berton M. Bentl_�� . SEAL
<br /> Signed, sealed and delivered in presence of .---•------•---------•------------------------------------------••-•---•-••-•--••---•---•---•..........._.._ . � )
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