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<br /> � B -I- OIL AND GAS LEASE
<br /> Form 88.�(Producers) (NEBRASKA)
<br />� . 21882—The Augustine Co., County 3upplies, Grand Island, Nebr.
<br /> FROM THE STATE OF NEBRASKA
<br /> ss.
<br /> JoAnna M. Spahr & husband Hall County,
<br /> 1 liereby certif y that this instrument was entered on Numerical Index, and f iled
<br /> for record f�iis 3 day of �QC@ er 19 �]. .
<br /> TO at 9 ;�O o'clock A.M. " �
<br /> Register of^�
<br /> The Carter Oi1 Company Deputy.
<br /> Fees, $ 2.2�
<br /> Commence
<br /> AGREEMENT, Made and entered into this 7t'h day of October , t9 �]. , by and between
<br /> JoAnna M. �pahr and 310 F. Spahr, her husband, 11903 Courtleigh Drive, Culver City, CaliPornia
<br /> � The Carter Oil Corapany _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party of the first part,ItereinaFter callecI lessor(whetl�er one or more)and
<br /> Part y of the second part, hereinafter called lessee,
<br /> WITNBSSETH, That the said Iessor, for anc� in consicleration of One and no/100 — — — — — — — — — — — — — — — — DOLLARS,
<br /> cash in hand paid, receipt of whicTi is hereby acknowledged, and of the covenants and agreements hereinafter containecl on tl�e part of lessee to be paid, Izept, and per-
<br />' f ormed, has granted, demised, leased and let and by these presents does grant, demise, lease and let unto said lessee,f or the sole ancl only purpose of mining and operating
<br /> for oil and gas, anc� Iaying pipe lines, and building tanks, power stations and structures tliereon to procluce,save and talze care of said products.all that certain tract of Tand
<br /> situated in the County of Ha.11 & BuPfalo State of NEBRASKA described as follows, to-wit:
<br /> The South—half of th� Southwest Quarter �Sz ���) , �ection 19, Twp. 9 North, Range 12 West,
<br /> H�,11 County, and lots 5 and 6, Section 12, Twp. 9 North, Ran�e 13 West, Bu�falo County,
<br /> Nebraska.
<br /> �3��CXXXXXXXXXXXX�j��XXXXXXXXXXXX��X and containing 120 acres, more or less.
<br /> It is agreed that this lease shall remain in f ull f orce f or a ter►n o f t'E''n years f rom this date, and as Iong tl�ereaf ter as oil or gas, or
<br /> either of them, is proclucecl from said land by tTie 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 line to which he may connect his wells, the equal one-eigFttTi (1/s� part of all oil produced and saved
<br /> f rom the leased premises.
<br /> �,nal. To pay lessor for gas from each well where gas only is found tT�e equal one-eightT� (%a) of the gross proceeds at the preuailing market rate, for all gas usecl of f
<br /> the premises, said payments to be made mon thl y
<br /> and lessor to have gas free of cost from any sucli well for all stoves and aIl inside lights in tl�e principal dwelling house on said land during the same time by making his
<br /> own connections with the well at Ftis own risk ancl expense.
<br /> 3rd. To pay lessor for gas produced from any oil well and used of f the premises or in the manufacture of gasoline or any other procluct a royalty of one-eigTith
<br /> (�/s) of the market value, at the mouth of the well, payable montTily at tTie prevailing marFzet price.
<br /> 1 f no well be commencec� on saicl land on or be f ore the 7 t�l c�ay o f 0 e t o b er , t9 42� . t�tis lease shall
<br /> terminate as to both parties, unless tl�e lessee on or before that date shall pay or tencler to the lessor,or to the lessor's credit in The Firs t ►��a.tE
<br /> Banlz at 5helton, Nebraska, or its successors, which shall continue
<br /> as the depository regardless of changes in the ownership of said Iand, the sum of Thirty 8,?1C� no/100 --- — — — — — — — DOLLARS,
<br /> wliicli shall operate as a rental and cover the privilege of def erring the commencement of a well f or 12 months f rom saic� date. In like manner and
<br /> upon lilze payments or tenders the commencement of a well may be further deferred for like periods of the same number of montFis successively. AII such payments or
<br /> tenclers of rentals may 6e made by check or draft of lessee or any assignee thereof, mailed or delivered on or before the rental paying date, either dtrect to Iessor or assigns •
<br /> or to said depository bank. And it is unclerstoocl ancl agreecl tTiat tFie eonsicleration f irst recitecl herein, the down payment, eovers not only the privileges granted to the
<br /> date when said first rental is payable as aforesaid, but also the lessee's option of extending that period as aforesaid, ancl any and aII other rights conferred.
<br /> Should the first well clrilled'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 montl�s
<br /> from the expiration of the Iast rental period for which rental has been paid, this Iease 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 the payment of rentals, as above provided, that the last preceding paragrapTi hereof, governing the payment of rentals and the effect thereof, sliall continue in
<br /> force just as though there had been no interruption in the rental paymenls.
<br /> 1 f said lessor owns a less interest in the above described Iand tl�an the entire and undiuided f ee simple estate therein, t�en the royalties anrl rentals herein provided
<br /> shall be paid the lessor only in the proportion which his interest bears to the whole and undivided fee.
<br /> Lessee sl�all have tlie 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 shall bury Ttiis pipe Iines below plow clepth.
<br /> No well shall be drilled nearer than 20o feet to the house or barn now on said premises, without tl�e written consent of the lessor.
<br /> Lessee sliall pay f or damages eausecl by its operation to growing crops on saicl lanc�.
<br /> Lessee shall �iave the right at any time to remove all machinery anc�fixtures placecl on saic�premises, inclucling the rig�it to cTraw ancl remove casing.
<br /> I f the lessee shall commence to drill a well within the term o f this lease or any e xtension thereo`, the lessee shall Tiave the right to drill such well to completion with
<br /> reasonable diligence and dispatch, and if oiI or gas, or either of tliem, be founc�in paying quantities, this lease shall continue and be in force with the like effect as if
<br /> such well had been completed within tlie term of years �erein first mentioned.
<br /> If the estate of either party hereto is assigned, and the privilege of assigning in whole or in part is expressly alloLaed, the covenants hereof shall extend to their
<br /> heirs, executors, administrators, successors or assigns, but no cl�ange in the ownership of the lancl or assignment of rentals or royalties shall be binding on the lessee until
<br /> after the Iessee has been furnished with. a written transfer or assignment or a true copy thereof; and it is hereby agreed in the event this Iease 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 sliall (ail or malze default in the payment of the proportionate part of
<br /> the rents due from him or them on an acreage basis, such default shall not operate to defeat or affect this Iease in so far as it covers a part or parts of said lands upon
<br /> whielt the saic� lessee or any assignee thereo f sTiall malze clue payments o f saicl rentals. I f the leasecl premises are now or hereaf ter ownec�in severalty or in separate traets,
<br /> the premises, nei�ert�eless, mny be developecl and operated as an entirety, and the royalties sliall be paid to each separate owrier in the proportion that the acreage owned
<br /> by him bears to the entire, Ieased area. There s1iall be no obligation on tl�e part of the Iessee to offset wells on separate tracts into whicl� the land covered by this lease
<br /> may hereafter be divided by sale, devise, or otl�erwise, or to furnish separate measuring or receiving tanlzs for the oil produced from such separate tracts.
<br />' Lessor hereby warrants and agrees to defend the title to the lands herein describecl, and agrees that the lessee shall have the right at any time to redeem for lessor by
<br /> payment, any mortgages, taxes or other liens on the above described lands, in the event of default of payment by Iessor, and be subrogated to the rights of the holder
<br /> tl�ereo f.
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<br /> Signed. sealed and delivered in presence of •----------•---••---...-•••••----------------------------�Q�lYlY18...�''�...Spa.hr.----------------------------(SEAL)
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