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B -I- OIL AND GAS LEASE
<br /> �� �
<br /> Form 88.-�(Producers) (NEBRASKA)
<br />� 21282—The Augustine Co., County 8uppliea, Grand Island, Nebr.
<br /> �pM THE STATE OF NEBRASKA
<br /> ss.
<br /> Edvnard Svob�da u wP. H8�12 County,
<br /> 1 hereby certify t�at this instrument was entered on Numerical Indez, and fiYed
<br /> for record this �( day of January t9�'2 ,
<br /> Z'� at 3 o�clock P.�'t.
<br /> ��;���( ��<�-�✓ Register of Deeds.
<br /> L.P.. Gr�.ham ° Deputy.
<br /> r`1 �,
<br /> � Fees, $ �: �5
<br /> �.'ommence � '
<br /> AGREEMENT,Made and entered into tlirs 2� day of December , ig �1. , by and between �
<br /> Edvuarrl �voboda and �fary Sv�boda,rusband and wiPe, oP Kenesa�,NebraBka. �
<br /> �
<br /> 0
<br /> �
<br /> Party o f the f irst part, hereina(ter called lessor(whether one or more)anc� �
<br /> L.R.Graham,Box �02,E f f ingha.m,I I I Part of the second part, hereinaf ter called lessee, �
<br /> WITNESSETH, That the saicl lessor, for ancl in consicleration o{ One DOLLARS, �
<br /> caslt in liand paid, receipt of which is liereby aclznowledged, and of tlie covenants ancl agreements hereinafter contained on the part of lessee to be paid, kept, and per- �
<br /> f ormec�, has granted, demised, leased and let and by these presents does grant, demise, lease and let unto said lessee,f or the sole and only purpose of mining and operating
<br /> for oil and gas, and Iaying pipe lines, and building tanks, power stations and structures tliereon to produce,save ancl talze care o(said products,aIl that certain tract of land
<br /> situated in the County of xa�1 State of NEBRASKA cIescribe�I as follows, to-wit: TYl@ �BBt �' Op .� .w.� �Tl �P.,C.
<br /> 32 T.9 N.R.I2 W;And a track of I.and conta�nin� 31.67 acres in the S.E.� oP Sec.31 T.9 N.R.12 W.
<br /> c�escribed a�A Pol.Iov�s :Beginning at a, Pence post Iocated in pZace ot the original stake at the 3.F.
<br /> corner of said 5ec.31) , thence in a Nor�herly dirPCtion on the E.Boundry line of said Sec.jl for
<br /> a c�istance oP Z733 fee�, to a �;ae pipe in the Country roAd, thence in a Sauth Westerly direction
<br /> alon� said said Country road Par a di�tance oP �24.7 Peet to a gas pipe, thence in a Southerly
<br /> c� recti ara ZeI t t e st bo ndr line of 1a 5e 31 P r a dis a ce op 1 36 fe t t he center
<br /> � �'eco���,� u�}c�o�n,,t PA au��i�oun�t�rl� �rnsk� ��i�� S�e�.�ja t h� hr��u��r�ct�ondg b�nbs hee �u '� ���Y
<br /> � o#�. s -� 5 . �o e a, e P �e �n �'� n�ain�'n nl��.. � L�res re r s� A� n ��.
<br /> '�.R I2 �'. o ��1 e����`�, . . ��' y��e�ion �- � nw�3��i� nine �an e �N �ve a n��.con��n� �r �I:b. 'acreq
<br /> a in ull orce or a term o p � ears�f rom t�iis date, and as Long t�it'ea�fer as oi�or gas, oir�
<br /> � ag � h' h � f f f � Yi BA f�
<br /> fIIOT'P O �EB., �t is reed t at t is lease s a remain Y
<br /> eitl�er of tliem, is produced f rom said Iand by tlie Iessee.
<br /> In consideration of tTie premises the said lessee covenants and agrees:
<br /> ist. To deliver to the credit of lessor, free of cost, in the pipe Iine to whicl� he may connect his wells, the equal one-eightl� ('/e) part of alI oiI produced and saved
<br /> � f rom the leased premises.
<br /> 2nc�. 7'o pay lessor for gas from eacl�well where gas only is found t�e equal one-eight� (%� of the gross proceeds at the prevailing market rate, for aII 9as used of f
<br /> the premises, said payments to be made a�onthl.y
<br /> and lessor to have gas f ree o f cost f rom any such well f or all stoves and alI inside Iights in the principal dwelling house on said Iand during the same time by making his
<br /> own connections with the well at Tiis 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 procluct a royalty of one-eighth
<br /> (�) of the market value, at the moutli of tlie well, payable monthly at tTie prevailing marizet price.
<br /> If no well be commenced on said land on or before tlie 2� day of December , ig �}'2 , this lease shall
<br /> terminate as to both parties, unless the Iessee on or before that date sTiall pay or tender to the lessor,or to tlie lessor's credit in The AC�QII18 County Bank
<br /> Bank at Kenesaw,Nebraska or its successors, Wh��h BhalI continue
<br /> as the d'epository regardless of changes in the ownership of said Iand, the sum o) r^if ty S ix and no/I00 - - - - - - - _ _ DOLLARS,
<br /> which sliall operate as a rental and cover the privilege o f def erring the commencement o f a well f or 1.2 months f rom said date. In lilze manner and
<br /> upon lilze payments or tenders tTie commencement o f a well may be f urther de f erred f or Ii1ze periods o f the same number of months successively. AII such payments or
<br /> tenders of rentals may be made by checlz or draft of lessee or any assignee thereof, mailed or clelivered on or before the rental paying date, either direct to lessor or assigns
<br /> or to said clepository bank. 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 lessee's option of extending that period as aforesaicl, and any and aIl otl�er rights conferred.
<br /> Should the (irst well clrillecd on tTie above described land be a dry hole, then, and in that event, if a second well is not commenced on said land within twelve months
<br /> from tlae expiration of the last rental period for which rental has been paid, tliis lease shall terminate as to �ioth parties, unless the lessee on or before the expiration of
<br /> said twelve months shall resume tTie 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 t�e payment of rentals, as above provided, that the last preceding paragraph hergof, governing tTie payment of rentals ancl the effect thereof, shall continue in
<br /> f orce just as though there liad been no interruption in the rental payments.
<br /> 1f said lessor owns a less interest in the above described land t�an the entire and undivided fee simple estate therein, then t�,e royalties and rentals lterein provided
<br /> shall be pciicl tTie lessor only in the proportion whicF� his interest bears to the whole and undivided fee.
<br /> Lessee shall 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 lessor.
<br /> When requested by Iessor, lessee shall bury his pipe lines below plow depth.
<br /> No well shall be drilled nearer tlian 20o feet to the house or barn now on said premises, without the written consent of the lessor.
<br /> Lessee shall pay for damages caused by its operation to growing crops on said land.
<br /> Lessee shal� 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 /> 1f the Iessee shall 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 /> reasonabTe diligence and dispatch, and if oiI or gas, or either of them, be found in paying quantities, this lease shall continue and be in force with the Iike 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, administrators, successors or assigns, but no change in the ownersliip of the land or assignment of rentals or royalties shall be binding on the lessee until
<br /> a{ter the Iessee �ias been f urnished with a written transf er or assignment or a true copy thereof; ancl it is hereby agreed in t�e event this 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 shall fail or malze default in the payment of the proportionate part of
<br /> th.e rents due from Tiim or them on an acreage basis, 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 /> whicl�the said lessee or any assignee thereof s1�all malze due payments of said rentals. If the leased premises are now or hereafter owned in severalty or in separate tracts,
<br /> the premises. nec�ertlieless, may be developed and operated as an entirety, and the royalties shall be paid to each separate owner in the proportion tTiat the acreage ownecl
<br /> by him bears to the entire, leased area. There shall be no obTigation on the part of the lessee to offset wells on separate tracts into which the land covered by this lease
<br /> may Tiereaf ter be clivided by sale, devise, or otherwise, or to f urnish separate measuring or receiving tanks f or t�ie oil producecl f rom such separate tracts.
<br /> Lessor hereby warrants and agrees to defend the title to the lands herein described, 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 o{ default of payment by Iessor, and be subrogated to the rights of the Aolder
<br /> thereo f.
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<br /> b7ary--.syoboda.-�-�---------------------SEAL
<br /> Signed, sealed and clelivered in presence of ....._...••••-••••-••------•-------------------------•---...•-------••------ • ( )
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