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<br /> OIL AND GAS LEASE
<br /> Containing tqoo Printed Words
<br /> Producers 88 Special F.L.B. i-q2
<br /> �1897—The Augustine Co., County Supplies, Grand Island, Nebr..
<br /> FROM THE STATE OF NEBRASKA
<br /> ss.
<br /> '�i f�.Z�.�t.IIl r1ik1.8Ue 8E Wf HAZl County,
<br /> I T�ereby certif y that this instrument was entered on Numerical Inclex, and f iled
<br /> ,l,O for recorc� this 23 t�ay of March 42 ,
<br /> at 3 o�clock P .M. �«:��
<br /> J.A.Rowl and � ! Register of Deeds.
<br /> Deputy.
<br /> Fees, S `�. `��
<br /> AGREEMENT, Made and entered into the 6tr1 day of Ferruary > i9 �2
<br /> by anc� between VVi llia� Niklaus anc� �Iary P1i�?aus hia wife
<br /> of - Lincal.n,�TP,�T'AS�:& hereinafter called lessor (whether one or more), and
<br /> J.A.Rowl and hereinaf ter callec�lessee:
<br /> WITNESSETH: That the said lessor,for and in consideration of o21P. �'G �TO�1.�� - - - - - - - - - - - - - - -_ _ _ _ Dollars,
<br /> cash. in Tianc� paic�, the receipt of which is Iiereby acknowledged, ancl of tlie covenants anc� agreements hereinafter containecl on part of lessee to be paic�, Izept an�I per- �
<br /> formed, has granted, demised, leased and let and by these presents does grant, demise, Iease and let unto the said lessee for the sole and only purpose of exploring by
<br /> geophysical and other methods,mining ancl operating for oiI and gas and of laying of pipe Iines,and of building tanlzs,powers,stations and structures thereon to produce,save
<br /> nnc� talze care of sn�d produots, all that certain trnct of land situate in the County of Ha1-Z State of Nebraska described
<br /> as follows, to-wit:
<br /> The tlor*h HaIP (PJ�� of. the Nortt��reat QuartPr (PdW4) oP 5ection Twenty-One (2I )
<br /> � .
<br /> �
<br /> �
<br /> �
<br /> of Section �1 TownsTiip 1.2 21. Range �_c �i�. and containing �� acres, more or less. It is agreed tTiat this lease shall remain in force Q
<br /> for a term of ten years from this date, and as Iong thereafter as oil or gas or either of them is produced from said lancl by Iessee.
<br /> In consideration of the premises t1�e said Iessee covenants and agrees:
<br /> ist. To d'eliver to the credit of Iessor, free of cost, in tlie pipe Iine to wliich Iessee may connect wells on said land, the equal one-eighth part of all oil produced and
<br /> saved f rom tl�e leased premises. �
<br /> �nd. To pay lessor one-eighth (1/a) o f the 9ross proceeds each year, payable q uarterly, f or the gas f rom each well where gas only is Found, wTiile the same is being �`?
<br /> usec� off the premises, and if used in t�e manufacture of gacoline a royalty of one-eiglttFt (�), payable mont�ly at the pre�ailing market rate for gas; ancl lessor to have C
<br /> gas free of cost from any sucTi well for all stoves and all inside Iights in the principal clwelling on said land during the same time, by making lessor's own connections with
<br /> the well at Iessor's own risk and ezpense.
<br /> 3rd. To pay Iessor for gas produced from any oil well and used of f the premises or in the manufncture of gasoline or any other product a royalty of one-eiglith
<br /> . (I/s� of t�e proceec�s, at the mouth of the well, payable monthly at the prevailing market rate.
<br /> If no weTl be commencecl on saicl Iancl on or before t�ie 6th clay of February lg �': , this lease shall terminate
<br /> ns to botli parties, unless the Iessee shall on or before that date pay or tender to the lessor or to tl�e lessor's credit in the Na,tional Bank O� Commeree
<br /> Bank at Lincoln,RTP,b2'BSk& , or its successors, wFtich sliall continue as tlte cIepository regarclless of c{tanges in the ownership of said lancl, the sum
<br /> o{ S�XtP,P,ri a.21CZ IlO�Za� - - - - - - - - - - - - - -dollars, which shall operate as a rental anc� cover the privilege of clejerring the ,
<br /> a commencement of a well for ��f�P.1.VP, months from saicl date. In Ii�e manner and upon like payments or tencjers, f�e commencement of a well may Tie further
<br /> cleferred for lilze periods of the same number of mont�s successively. And it is understood and agreed that the consideration first recited herein, the down payment, covers '.
<br />�� not only tTie privilege granted to the date when said first rental is payable as aforesaicl, but also the lessee's option of extending that period as aforesaid, and any ancl all !
<br /> t other riglits conferred. '
<br /> Should the f irst well drilled on t�e above described Iand be a dry hole, tlien, ancl in that event, if a second well is not commenced on said land wit�in tiuelve months
<br /> from tl�e expiration of the last rental period for wh��h rental has been paid, this Iease sliall terminate as to both parties, unless the lessee on or before the expiration of
<br />� saic� twelve montlis sliall resume the payment of rentnls, in the same amount and in the same manner as hereinbefore proviclecl. Ancl it is agreed tl�at upon the resumption
<br /> of the payment of rentals ns above provided, thnt tlie last preceding paragraph liereof governing the payment oF rentals and the effect thereof, shall continue in force just
<br /> as though there had been no interuption in the rental payments, and if the lessee shall commence to d'rill a well within the term of this lease or any extension tl�ereof, the
<br /> lessee shall have the right to drill such well to completion witl�reasonable diligence and dispatch, and if oil or gas, or either of t�em, be found in paying quantities, this
<br /> lease shall continue ancl be in force with tlie lilze ef fect as if such well Iiacl been completecl within the term of years first mentionec�. ��
<br /> If saicl lessor owns a less interesf in the above described lancl than the entire nncl uncIiuided fee simple estate therein, then the royalties ancl rentals herein providecl '�
<br /> f or shall be paid tlie said lessor only in tlie proportion which Iessor's interest bears to the whole and undivided f ee. i
<br /> Lessee shall have the right to use, free of cost, gas, oil and water produced on said Iand for lessee's operations thereon, except water from the wells of lessor. �
<br /> When requested by lessor, lessee sTiall bury Iessee's pipe lines below plow clepth.
<br /> No well shall be drilled nearer than 20o feet to t1�e house or barn now on said premises without written consent of lessor.
<br /> I
<br /> Lessee s�iall pay for c�amages causecl by lessee�s operations to growing crops on said land. I
<br /> Lessee shall have the right at any time to remove al1 machinery and f ixtures p lnced on said premises, including th,e right to draw and remove casing. �
<br /> If the estate of either pnrry hereto is assigned�and the privilege of assigning in whole or in part is expressly allowed-�the covennnts hereoF shall extend to their �
<br /> heirs, executors, administrators,successors or assigns, but no change in the ownership o f the land, or assignments of rental or royalties shall be binding on the lessee until '
<br /> after the Iessee has been furnished with a written transJer or.assignment or a true copy thereof; and it is h.ereby agreed tliat in the event this lease shall be assigned as to
<br /> n parf or as to parts of the above clescribecl Iancls and the assignee or assignees of such part or parts shall fail or make cteFault in the payment of the proportionate part of
<br /> the rents cZue from him or them, sucli clefault shall not operate to clefeat or af fect this lease in so far as it covers a part or parts of saicl lands upon which the said lessee or
<br /> any assignee thereof shall make due payment of said rental. In case lessee assigns this lense, in whole or in part, lessee shall be relieved of all obligations with respeet to
<br /> the assignec� portion or portions arising subsequent to the clate of nssignmenf.
<br /> All express or implied covenants of this lease sliall be sub�ect to all Federal nnd State Laws, �xecutive Orders, Rules or Regulations, and this lease sliall not be '
<br /> terminatecl, in whole or in part, nor lessee helcl Iinble in clamages, for failure to comply therewith, if compliance is preuentecl by, or if such failure is the result of, any �
<br /> sucFi Law, �rcler, Rule or Regulation. i
<br /> Lessor hereby warrants and agrees to defend the fitle to the Iands herein described, and agrees that tlie lessee sTiall �ave the right at any time to recleem for lessor,
<br /> by payment, arq�'mortgages, taxes or other Iiens on the nbove described Iands, in tT�e event of default of payment by Iessor, and be subrograted to the rig/its of the I�older j
<br /> thereof, ancl the unclersigned Iessors, for themselves and their lieirs, successors, and assigns, hereby surrender and release all right of dower and homestead in the premises �
<br /> described Tierein, insofar as said right of clower and homesteacl may in any way nf f ect the purposes for whicli this lense is made,as recited�ierein. �
<br /> IN TESTIMONY WHEREOF WE SIGN. This the 6t'•h day of February , Iq 1+2 . �
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<br /> Witnesses: -----------•----°°°•----------°°------------------••--C�l��1.�adfl---N��.�QUQ----•------------------•---
<br /> ----------------��----�---------------------------�------.....--------------�-�-�--.._...._.......------......-�------------------------ �-------�----------------------��--------------------------NIar�y---Niklau_s._..----�---------------------------
<br /> ------------------�---------------------------------------------�--------------------------------------------------------------------- � -�-----------------�----�----------.....--�-�---------------�---�-------�----------------------�----�----------------------------------- ;
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