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I <br /> �� � <br /> B -I- OIL AND GAS LEASE ���� � <br /> For�► 88.-•(Producers) (NEBRASKA) �!� <br /> 21282—The Augustine Co., County Bupplies, Grand Island, Nebr. , <br /> �pM THE STATE OF NEBRASKA <br /> ss. <br /> Minnie N.All en, s in�1e, Hall County, <br /> I Fiereby certi f y that this instrument was entered on Numerical Index, and f iled <br /> for recorc� this 3Q day of October �a9 �-1. . <br /> Z'p at ° o'cioolz A•M. Jd <br /> Regisfer of� <br /> The Carter Oil �ompany Denuty. <br />, Fees, $ 2. �Q <br /> �.'ommence <br /> AGREEMENT, Made and entered into this $`trl day oF Oetober . tg 1-}�1 , by and betu.�een <br /> Minnie N.Allen, a sin�;le woman, loll San Andreas, Santa Barbara, Ca,lifornia. <br /> Party of the first part,hereinafter calletl Iessor(whether one or more)and <br /> The Carter ��.1. com�any — — — — — — _ — _ _ _ _ _ _ _ _ _ Part � of the second part, hereinafter called lessee, <br /> WITN$SSETH, That the said lessor, f or and in consideration o) o n e a n d no I 100 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DOLLARS, <br /> cash in hand paid, receipt of which is hereby aclznowledged, and of the covenants and agreements hereinafter contained on the part of Iessee to be paid, kept, and per- <br /> f ormed, has granted, demised, leased and Iet and by these presents does grant, demise, lease and Tet unto said lessee,f or fTie sole ancI only purpose of mining and operating <br /> for oil and gas, ancl Iaying pipe Iines, and building tanTzs, power stations and structures thereon to produce,save and take care of said protlucts, all that certain tract of land <br /> situatecl in the County oF ����--L State of N$BRASKA described as follows, to-wit: <br /> Lots 2, �, and � (m�inland) <br /> of Section ZS` Township 9 North Range 1.2 W2St and containing Z10. �-rj acres, more or less. <br /> It is agreecl tFtat this lease sl�all remain in f ull f orce f or a term of 1.� years f rom this date, and as Iong thereaf ter as oiI or gas, or <br /> either of them, is produced from said Iand by the Iessee. <br /> In consicleration of the premises the said lessee covenants and agrees: <br /> ist. To deliver to the creclit of lessor, free of cost, in the pipe Iine to which lie may connect his wells, the equal one-eighth (3�) part of aII oiI produced and saved <br />, from the leased premises. <br /> a,nd. To pay Iessor for gas from each well where gas only is found the equal one-eighth (�/s) of the gross proceeds at the preuailing marizet rate, for all gas used of f <br /> t�ie premises, said payments to be made :?10 i1 t�l�.y <br /> and lessor to have gas f ree o f cost (rom any suc1�well f or aIl stoves and all inside Iights in the principal dwelling house on said land during the same time by making his <br /> own connections with the well at his own rislz and expense. <br /> 3rd. To pay lessor for gas procluced from any oil well and used of f tl�e premises or in the manufacture of gasoline or any other procluct a royalty of one-eighth <br /> ('�) of tlie market value, at the mouth of the well, payable monthly at the prevailing marizet price. <br /> I f no well be commenced on said Iand on or be f ore the �trl day o f 0 e t o b e r . t q l�-2 , this lease shall <br /> terminate as to both parties, unless the lessee on or before that date shall pay or tender to tl�e lessor, or to the lessor's credit in The First State <br /> Bank at Sh e 1 t o n, N e br a s l:c'� oe its successors, which 3halI continue <br /> as the depository regardless of changes in tl�e ownership of said Iand, the sum of �l?^�8:1t�-seven and 62/100 — — — — — — 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 Iike manner and <br /> upon Iilze payments or tenders the commencement of a well may be further deferred for Ii1ze periods of tlie same number of months successively. AII such payments or <br /> tenders of rentals may be made by check or draft of lessee or any assignee thereof, mailed or delivered on or before tlie rental paying date, either direct to lessor or assigns <br /> or to said depository bank. And it is understood and agreed tliat the consideration f irst recited herein, the down payment, covers not only the privileges granted to the <br /> clate when said first rental is payable as aforesaid, but also tlie Iessee's option of extending that period as aforesaid, and any and alI other rights conferr�ed. <br /> Should the f irst well drilled on the above described Iand be a dry hole, then, anc�in that event,if a second well is not commenced on said Iand within twelve months <br /> from the expiration of the last rentnl period for which rental has been paid, this 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 provided. And it is agreed that upon the resump- <br /> tion of tlie payment of rentals, as above provided, that the Iast prececling paragraph Iiereof, governing the payment of rentals and the ef fect thereof, shall continue in <br /> force just as though there had been no interruption in the rental paymenis. <br /> 1 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 pnid the lessor only in the proportion wliich his interest bears to tl�e whole and undivided f ee. <br /> Lessee shall have the right to use, free of cost, gas, oil, and water produced on said Iand for its operation thereon, except water from wells of lessor. <br /> When requested by lessor, lessee sl�all bury his pipe lines below plow depth. <br /> No well shall be drilled nearer than �oo feet to the house or barn now on said premises, without the written consent of the lessor. <br /> I.essee shall pay f or c�amages causec� by its operation to growing erops on saic� Lanc�. <br /> Lessee shall have the right at any time to remove aIl macliinery and fixtures placed on said premises, including the rigjtt to draw andremove casing. <br /> If the lessee shall commence to drill a well within the term of this Iease or any extension thereof, the lessee shall have the right to drill such welT to completion with <br /> reasonable diligence and dispatch, and if oil or gas, or either of them, be founcl in paying qunntities, this lease shall continue and be in force with the Iilze 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 the privilege of assigning in whole or in part is expressly allowed, the covenants hereof shall extend to their <br /> heirs, executors, aclministrators, successors or assigns, but no cliange in tl�e ownership of the Iand or assignment of rentals or royalties shall be binding on the Iessee until <br /> after the lessee has been furnishec� with a written transfer or assignment or a true copy thereof; anc� it is hereby agreed in t�ie event tliis lease sTiall be assignec� 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 clefault in the payment of the proportionate part of <br /> the rents c�ue from him or them on an acreage basis, suc�i clefault shall not operate to clefeat or af fect this lease in so far as it covers a part or parts of saicl lancls upon <br /> which. tlie saicl Iessee or any assignee thereo f shall malze due payments of said rentals. 1 f the leased' premises are now or hereaf ter owned in severalty or in separate tracts, <br /> the premises, nevertheless, may be denelopecl and operated as an entirety, and the royalties shall be paicl to each separate owrier in the proportion that the acreage owned <br /> by him 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 hereafter be divided by sale, devise, or otherwise, or to furnish separate measuring or receiving tanks for the oil produced from such separate tracts. <br /> Lessor hereby warrants and agrees to defend the title to the Iands herein described, and agrees that tite Tessee shall have the right at any time to redeem for lessor by <br /> payment, any mortgages, taxes or other Iiens on the above described lands, in tl�e event of default o{ payment by lessor, and be subrogated to the rights of the holder <br /> fhereof. <br /> ..............�-----�-----------------------.........r�l.r�n�.�----M-,.A�.�,_en----------------------------------rsEAr.) <br /> Signed. sealed and delivered in presence of .--�------------------------------------------------------------------------------------------�-----------------------�-------------(SEAL) <br /> --------------------------------------------------------------------�------------�-�-----------------------...----------------------(SEAL) <br /> . -----------�--�---�------------------------------------------------------------------�-------......--------......-----...-------�---------- -----.......--------------�--..........---�----------------------------------------�------------------------------------�-�------...(SEAL) <br /> ------------------------------�------------------�-------------------------------------------------�------------�---------�----._._....---- <br /> -----------------------------------------------=-------------�---------------------...---------------....__.....-�--------�---------(SEAL) <br /> ' ------------------�-�-------------------------------------------------------------------------------.............------._........_.....---- --...-----------------------------------------------------------------------------------------------------------...-----------------(SEAL) <br /> ---------.....-------------------------�-----...------------_..---...------..........--------------•---•--....._._............._...-------- --------------------------------------------...-•---....--------•------------------------------------------------------------�------(SEAL) <br />