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<br /> _ 7` �/
<br /> B -I- OIL AND GAS LEASE �� '
<br /> Form 88�--�(Producers) (NEBRASKA)
<br /> 21282—The Augustine Co., County Suppllea, Grand Island, Nebr.
<br /> �pM THE STATB OF NEBRASKA
<br /> ss.
<br /> JoAnna M. Spahr & husband Hall Countv.
<br /> I hereby certify that this instrument was entered on Numerical Index, and filed
<br /> for record this 3 c�ay of December iq�l. ,
<br /> TO at 9:�� o'clock �i. M. �,����� � I
<br /> Register of� I
<br /> Deputy.
<br /> The Carter Oil Company Fees, $ 2.20 '
<br /> Commence
<br /> AGREEMENT, Mac�e ancl enterecl into this 6th clay o{ �etober , iy 4�. , by and between
<br /> JoAnna M. 9pahr and Ilo F. Spahr, her husband, 11903 Courtleigh Drive, Culver City, California
<br /> Party o f t1�e f irst part,hereinaf ter called lessor(whether one or more)and
<br /> �'�1C' Car�er ��.1. Company — — — — — — — — — — — — — — — — — — — Pa►'t y of the second part, hereinafter called lessee, �
<br /> WITNESSETH> That th.e saicl lessor, for ancl in eonsicleration of Ten and no1100 -- — — — — — — — — — — — — — — — DOLLARS,
<br /> cash in l�and paid, receipt of whicli is �ereby acTznowledged, and of the covenants ancl agreements hereinafter contained on the part of lessee to be paid, kept, and per-
<br /> formed, has grantecl, demised, leased 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 /> , for oiI anc�gas, anc� laying pipe lines, ancl builcling tanks, power stations and structures tliereon to procluce,save and talze care of said products.all that certain tract of land
<br /> situated in the County of Hall State of NEBRASKA rlescribec� as follows, to-wit:
<br /> The Southeast Quarter (sE�)
<br /> of Section �-9 7'owns�ip 9 North jZangg 1.2 wBS� and containing 1.6� acres, more or less.
<br /> It is agreed that this lease shall remain in )uIl {orce for a term of Ten years from this date, and as Iong thereafter as oiI or gas, or
<br /> eitlier o f them, is produced f rom said land by the Iessee.
<br /> In consideration of the premises the said lessee covenants and agrees:
<br /> tst. To deliver to the credit of lessor, free of cost, in the pipe line to w�ich Tie may connect his wells, the equal one-eighth (�) part of all oil produced and saved
<br /> from t�e leasecl premises.
<br /> 2nd. To pay lessor for gas from eacTi well wl�ere gas only is found tl�e equal one-eigT�th (%8) of the gross proceeds at tTie prevailing marltet rate, for alI gas used of f
<br /> t�e premises, said payments to be mac�e Monthly
<br /> anc�lessor to have gas f ree o f cost f rom any such well f or all stoves and all inside lights in tlie principal dwelling house on said land during the same time by making his
<br /> own connections with the well at his own risTz and 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 product a royalty of one-eightl�
<br /> ('/a) of the market value, at the mouth, of the well, payable monthly at the prevailing marizet price.
<br /> I f no well be commeneecl on saic� Iancl on or be f ore the 6 tr1 c�aY o f 0 e t o b er , tg �}.2 , this lease shall
<br /> terminate as to bot1� parties, unless the Iessee on or be f ore that date shall pay or tender to the Iessor,or to the lessor's credit in The F ir s t 5'tr8 ti e
<br /> Bank at Sh e 1 t o n, N ebr a s ka or its successors, which shaIl continue
<br /> as the clepository regardless of changes in t�e owne:sliip of said lancl, t�ie sum of Forty and no%100 ------------------ DOLLARS,
<br /> whz�h shall operate as a rental and cover the privilege of def erring the commencement of a well f or /2 months f rom saicl c�ate. In lilze manner and
<br /> upon like payments or tenders the commencement o f a well may be f urther def erred f or lilze periods o f the same number o f montlis successively. AII such payments or
<br /> tenc�ers of rentals may be made by check or draft of lessee or any assignee thereof, mailed or c�elivered on or before the rental paying c�ate, eit�er direct to lessor or assigns
<br /> or to saicl c�epository bank. And it is understood and agreed that the consideration f irst recited herein, the cIown payment, covers not only the privileges granted to the
<br /> date when said first rental is payable as aforesaicl, but also tlie Iessee's option of exten�ing that period as aforesaid, and any ancl alI other rights eonferre�I.
<br /> Should the first well drilled on the above described land be a dry hole, then, ancl in that event, if a second 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, this Iease s1�all 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 tlie resump-
<br /> tion of the payment of rentals, as above provided, that the Iast prececling paragraph Fiereof, governing the payment of rentals and the effect tTiereof, 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 tTie above clescribe�I Iand than the entire and undivided f ee simple estate therein, then t1�e royalties and rentals h.erein provided
<br /> shall be paicl tlie Iessor only in the proportion which his interest bears to the whole and undivided fee.
<br /> Lessee shall have the rig/�t to use, free of cost, gas, oil, and water produced on said land for its operation thereon, except water from wells of Tessor.
<br /> When requested by lessor, Iessee sliall bury his pipe lines below plow deptTi.
<br /> No well shall be drilled nearer thnn 20o feet to the house or barn now on said premises, witliout the written consent of the lessor.
<br /> Lessee shall pay f or c�amages causec� by its operation to growing crops on saic� lancl.
<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 remoue casing.
<br /> If the lessee s�all commence to drill a well within the term of this lease or any extension thereof, the lessee shall have the right to drill such well to completion with
<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 Iike effect 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 allowetl, the covenants hereof s�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 /> after the lessee has been furnished with a written transfer or assignment or a tru,e copy thereof; and it is hereby agreed in the event this lease sl�all be assigned as to a
<br /> part or as to parts of the above clescribe,cl Iancls and the assignee or assignees of sueh part or parts shall fail or make default in the payment of the proportionate parf of
<br /> the rents due from him or them on an acreage basis, such de{ault shall not operate to defeat or affect this lease in so far as it covers a part or parts of said Iands upon
<br /> which the saic� lessee or any assignee thereof shall malze due payments of said rentals. If the Ieased premises are now or hereafter owned in severalty or in separate tracts,
<br /> tlie premises, nei�ertheless, may be denelopecl and operated as an entirety, and the royalties shall be paid to each separate owner in tlie proportion tl�at 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 wTiich the 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 such separate tracts.
<br /> Lessor hereby warrants ancl agrees to defend the title to the lands lierein describecl, and agrees that the lessee s1�all have the right at any time to redeem for lessor by
<br /> payment, any mortgages, taxes or other liens on the above c�escribecl Iancls, in the event of default of payment by Iessor, and be subrogated to the rights of tl�e holder
<br /> Yhereo f.
<br />' ------------------------------------------------------------------------�----I 1 O..__F�_SP�.��'----....------------(SEAL)
<br /> Signed, sealed and delivered in presence o{ .............................................................................JoAnna___M._9pahr._________�SEAL)
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