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<br /> B -I- OIL AND GAS LEASE �� �
<br /> Form 88.-�(Producers) (NEBRASKA)
<br /> 21262—The Augustine Co., County 8upplies, Grand Island, Nebr.
<br /> FROM THE STATE OF NBBRASKA
<br /> ss.
<br /> Rosalio Briseno a.nd wife Hal1 County.
<br /> I hereby certif y that tTiis instrument was entered on Numerical Index, and f iled
<br /> for record this �j� day of �CtO�T' �4�d �1 ,
<br /> TO at 9 o'clock p,� M. �i0����.
<br /> Register o{Deeds.
<br /> 1'r:e Carter Oil Company Deputy.
<br /> Fees, $ 2• ��
<br /> Commence
<br /> AGREEMENT, Made and entered into this 10 th day o� 0 c t ob er , ig �-1. , by and between
<br /> Ros��lio Briseno and Maria Briseno, nis w'Lfe, Gr�nd Island, Nebraska
<br /> Party of tlie first part,hereinaFter called lessor(whether one or more)and
<br /> The Carter ��1 Company — — — — — — — — — — — — — — — — — Part y of the second part, hereinafter called Iessee,
<br /> WITN�SS�TH, That t1�e saicl lessor, for anc� in consicleration of One 3.17Ct no/100 — — — — — — — — — — — — — — DOLLARS>
<br /> cash in Tiand paid, receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter contained on the part of lessee to be paid, lzept, and per-
<br />, formed, l�as granted, demised, Ieased and let and by these presents does grant, demise, lease and Iet unto saic�lessee,for the sole ancl only purpose of mining and operating
<br /> for oil and gas, and laying pipe Iines, ancl building tanlzs, power stations ancl structures thereon to produce,save and talze care of said products,aIl that certain tract of land
<br /> situated in tl�e County of Ha.11 State of NEBRASKA described as follows, to-wit:
<br /> '�he Soutw�z�lest �uarter (SW�)
<br /> of Section 17 Township 9 Nor th Range l� We S� and containing 1�� acres, more or less.
<br /> It is agreecl that this lease shall remain in f ull f orce f or a term of �Q S T en) years f rom this clate, and as long thereaf ter as oil or gas, or
<br /> either of tl�em, is produced from said land by the Iessee.
<br />� In consideration of tlie premises tl�e said lessee covenants and agrees:
<br />� ist. To deliver to the credit of lessor, free of cost, in tTie pipe Iine to wTiich he may connect his wells, tl�e equal one-eiglttlt ('�) part of aIl oil produced and saved
<br /> f rom tlie leased premises.
<br /> 2nd. To pay Iessor f or gas f rom each well where gas only is f ound tTie equal one-eighth (�/s) o f the gross proceeds at tTie prevailing market rate, f or all gas used of f
<br /> the premises, said payments to be macle M o n tn 1 y
<br /> ancl lessor to have gas f ree o f cost f rom any such well f or alI stoves and aIl inside ligh,ts in the principal dwelling house on said land during the same time by malzing Iiis
<br /> own connections with the well at Fiis own risk and expense.
<br /> 3rd. To pay lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth
<br /> (�) of the market value, at the moutl� of tlie well, payable montlily at the pre�ailing marTzet price.
<br /> If no well be commenced on said land on or before the 10 day of Oetcber . i9 1}.2 , this Iease shail
<br /> terminate as to botTi parties, unless the lessee on or be f ore that clate shall pay or tender to the lessor,or to the lessor's credit in The Co mm e r e i a.l ��t i o nal
<br /> Bank at Gr�.nd Island, Nebra.ska or its successors, wh��h s6glI continue
<br /> as the clepository regardless of changes in the ownership of said Iand, the sum o{ Forty �11� T10�1.�� — — — — — — — — _ _ DOLLARS,
<br /> which shall operate as a rental and cover the privilege of deferring the commencement of a well for 12 months from saicl date. In like manner and
<br /> upon liTze payments or tenders the commencement of a well may be further deferred for liTze periocIs of the same number of months successively. AlI 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, either direct to lessor or assigns
<br /> or to saic� clepository 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 /> d'ate when saicl first rental is payable as aforesaid, but also t�e lessee's option of extending tTiat periorl as aforesaid, and any and aIl other rights con{erred.
<br /> Should the first well drilled on the above described land be a dry hole, then, and in tliat event, if a second well is not commenced on said land wit�iin twelve months
<br /> from the expiration of the last rental period for whicl� 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 t�e resump-
<br /> tion of the payment of rentals, as above provi�Ied, that the Iast prececling paragrapTi hereof, governing the payment of rentals and the effect thereof, 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 Iand than the entire and undivicled f ee simple estate therein, then the royalties and rentals herein provided
<br /> sTiall be pcxid the lessor only in tlie proportion wltich Iiis interest bears to the whole ancl undivided fee.
<br /> Lessee sliall 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 shall bury his pipe lines below plow depth.
<br /> 1Vo well sliall be drilled nearer thnn 20o feet to the house or barn now on said premises, without the written consent of the Iessor.
<br /> I.essee shall pay f or cjamages caused by its operation to growing crops on said land.
<br /> Lessee shall have the right at any time to remove all 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 Iease or any extension th.ereof, the lessee shall have the riglit to drill such well to completion with
<br /> reasonable diligence and dispatch, and if oiI or gas, or either of them, be founcl in paying quantities, this Iease shall continue and be in force with the Ifke effect as if
<br /> such well hacl been completed within the term of years herein first mentioned.
<br /> If the estate of eitlier party hereto is assignec�, ancT the privilege of assigning in whole or in part is expressly allocuec�, tjte eovenants hereof s{tall extenc� to t�ieir
<br /> Tieirs, executors, administrators, successors or assigns, but no change in tFee ownership of the land or assignment of rentals or royalties shall be binding on tlie lessee until
<br /> after the Iessee has been furnislied with a written transfer or assignment or a true copy thereof; and it is hereby agreed in the event tliis 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 sFiall fail or malze default in the payment of the proportionate part of
<br /> the rents due from I�im or them on an acreage Gasis, 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 said lessee or any assignee tliereof shall make due payments of said rentals. If the leased premises are now or l�ereafter ownecl in severalty or in separate tracts,
<br /> the premises, nec�ertheless, may be clenelopec� 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 the entire leased area. There shall be no obligation on the part oj t�e lessee to offset wells on separate tracts into whicT� 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 oil produced f rom such separate tracts.
<br /> Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees th,at the lessee shall have the right at any time to redeem for lessor by
<br /> payment, any mortgages, tares or other liens on the above cleseribec�lands, in the event of c�efault o{ payment by lessor, anct be subrogated to tjte riglits of the holcter
<br /> thereo f.
<br /> ...-�----------------------------------------------------R��a1io.._�r�.�_eno----�----------------------(SEAr.)
<br /> Signed, sealed and delivered in presence of .........:............................................._M�ria Bri_seno______.____,._..__________._,..___�SEAL)
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