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<br /> B -I- OIL AND GAS LEASE �,�
<br /> Form 88.-�(Producers) (NEBRASKA)
<br />� 21282—The Auguatine Co., County Suppliea, Grand Island, Nebr. ��.
<br /> FROM THE STATE OF NEBRASKA
<br /> ss.
<br /> James T.Ashton and wife Hall County, '�
<br /> 1 hereby certi{y t{�at tliis instrument was entered on Numerical Index, and f iled '
<br /> for recorcl this �jQ clay of �Ctober 19�1 • ,
<br /> TO at 9 o'clock A� M. '
<br /> Register of Dee s.
<br /> The Ca.rter Oil �ompany Deputy.
<br /> Fees, $ 2. 2�
<br />' Commence
<br /> AGREEMENT, Made and entered into this d t�l day of 0 c t ob er , tq �}]. , by and beta+een
<br /> James T.Ashton and Jessie E. .Ash�on, 'riis ��Tlf'P,� Snelton, Nebrask�,
<br /> ' Party of the f irst part, hereinaf ter called lessor(whether one or moreJ and
<br /> '�'I12 Carter d��. Company — — — — — — — — — — — — — — — — — — Part y of the second part, hereinafter called lessee,
<br /> WITNESSETH, T�at the saicl lessor, for anc� in consicleration of �P1P c111C� no�100 -- - - - - - - - - - - - - - - DOLLARS,
<br /> cash in hand paid, receipt of whicli is hereby aclznowledged, and of tlie covenants anc� agreements hereinafter contained on the part of lessee to be paid, Izept, and per-
<br /> formed, l�as granted, demised, Ieased and let and by these presents does grant, demise, lease and let unto said lessee,for the sole ancl only purpose of mining and operating
<br /> {or oil and gas, and laying pipe lines, and building tanks, power stations and structures thereon to procluce,save and take care o f said products,alI that certain tract o f land
<br /> situated in the County of H�.11 State of NEBRASKA clescribecl as foliows, to-wit:
<br /> The North East Quarter (NE¢) , The South Half of tne North West Quarter (52 NW4) and The
<br /> North Half of' '�he South West Quarter (:�� S�a4)
<br /> of Section 1.9 Township 9 North Range1.2 ��b'ESt, and containing 32� acres, more or less.
<br />� It is agreed that this lease shall remain in f ull f orce f or a term of t e n t 1�� years f rom this clate, ancl as Iong thereaf ter as oil or gas, or
<br />�� either of them, is produced from saicl Iancl by tlie Iessee. '�,
<br /> In consideration of tlie premises the said lessee covenants and agrees:
<br /> I �.� ist. To deliver to the credit of lessor, free of cost, in tTie pipe line to which he may connect l�is wells, the equal one-eighth (i/s) part of all ofl produced and savecl
<br /> f rom the Ieased premises.
<br />' ' " 2nd. To pay Iessor for gas from each well where gas only is found the equal one-eighth (�/s) of the gross proceeds at the prevailing marizet rate, for aIl gas used off
<br /> the premises, saic�paymenfs to be made mOnth�-y
<br /> and lessor to have gas free of cost From any such.well for all stoves and all inside lights in the principal dwelling house on said land duri�the same time by making ltis
<br /> own connections with the well at his own rislz and expense. �
<br />� 3rd. To pay lessor for gas produced from any oiI well and used of f the premises or in the manufacture of gasoline or any other product a royalty of one=eighth
<br /> ('/s) of the market value, at the mouth of the well, payable monthly at tl�e prevailing marizet price.
<br /> 1 f no well be commenced on said land on or be f ore tTie 6 tn day o f �e t o b e r , t g 42 , this Iease shall
<br /> terminate as to both parties, unless the lessee on or be f ore that date s1�aII pay or tenc�er to tTie lessor,or to the lessor's credit in The F ir s t S ta t e
<br /> Bank at �n e 1 t o n, N e br a s ka or its successors, whic6 s6alI continue
<br /> as the depository regarclless of changes in the ownership of said Iand, the sum of E' ��11ty and no/100 — — — — — — — — — DOLLARS,
<br /> which sliall operate as a rental and cover the privilege of def erring tl�e commencement of a well f or 12 months f rom said clate. In Ii1ze manner and
<br /> upon lilze payments or tenders tlie commencement o f a well may be f urther de f erred f or Iike periods o f the same number of months successively. All such payments or
<br /> tenders of rentals may be made by checlz or draft of Iessee or any assignee thereof, mailed or delivered on or before the rental paying date, either direct to lessor or assigns
<br /> or to said depository banlz. 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 Iessee's option of extending that period as aforesaid, and any and aIl other rights conferred.
<br /> Should the first well clrilled on the above described land be a dry hole, then, and in that euent, if a seconcl well is not commenced on said Iand within twelve months
<br /> � from the e�rpiration of the last rental period for wl�ich rental I�as been paid, this lease sliall terminate as to both parties, unless tl�e lessee on or before the expiration of
<br /> said twelve months sliall resume the payment of rentals in the same amount and in the same manner as liereinbefore provided. And it is agreed that upon t�e resump-
<br /> tion of the paymont of rentals, as above provitled, 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 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 /> shall be pctid the Iessor only in the proportion whicl� his interest bears to the whole and undivided fee.
<br /> Lessee s�iall I�ave the 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 /> Wlien requested by lessor, lessee Shail bury has pipe lines below plow depth.
<br /> No well sliall be drilled nearer than a,00 feet to the house or barn now on said premises, without the written consent of the lessor.
<br /> Lessee shall pay for clamages eausecl by its operation to growing erops on saic� lanc�.
<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 /> 1 f the lessee shall commence to drill a well within the term o f this lease or any e xtension thereo f, the lessee shall have the right to drill such well to completion witFi
<br /> reasonable diligence and dispatch, and if oil or,gas, or either of them, be found in paying quantities, this lease shall continue and be in force with the like ef�ect as iF
<br /> suelt well hacl been eompletecl witTiin the term of years herein first mentionec�.
<br /> If the estate of either party hereto is assigned, and the privilege of assigning in whole or in part is expressly allorued, the covenants hereof shall extend to their
<br /> heirs, e,xecutors, 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 has been f urnished with a written trans f er or assignment or a tru,e copy tliereo{; and it is hereby agreed in t�ie 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 fhe proportio�ate part of
<br /> the rents due from him or them on an acreage basis, such default shall not operate to defeat or af fect this lease in so far as it covers a part or parts of said Iands upon
<br /> wliiclti tlie saicl Iessee or any assignee thereof s�all make due payments of saicl rentals. If tlie Ieased premises are now or hereafter owned in severalty or in separate tracts,
<br /> the premises, nei�ertheless, may 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 him bears to tlie entire. Ieased area. There shall be no obligation on the part of tlie lessee to offset wells on separate tracts into which tlie land covered by this lease
<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 sucli separate tracts.
<br /> Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Tessee shall have the right at any time to redeem for Iessor by
<br /> payment, any mortgages, taxes or otl�er liens on the above described Iands, in tl�e event of c�efault of payment by lessor, and be subrogated to the rights of the holder
<br /> thereo{.
<br /> --------�.....................................................���-�s-���'-.As�-�-o-n-----....----............(SEAL)
<br /> Signed, sealed and delivered in presence o� _____________________________________________________________Jessie___E.Ashton_._._..___....._..__..�SEAL)
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