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OIL AND GAS LEASE ��� <br /> Containing tqoo Printed Words <br /> Producers 88 Special F.L.B. i-q2 <br /> ��'� ' _ �1897—The Augustine Co., County 3upplies, Grand Island, Nebr.. <br /> FROM THE STATE OF NEBRASKA <br /> ss. <br /> ���_� County, <br /> Emily E.Hink�on et al <br /> I hereby certif y that tliis instrument was entered on Numerical Index, and f iled <br /> ,I,O for record this 23 c�ay of March 19 �2 . <br /> at �j o'clock p. M. ���� <br /> J.A.ROWTE1.riC� Register oF Dee s. <br /> � Deputy. <br /> Fees, $ �.2� <br /> AGREEMENT, Made and entered into tl�e �1',r:, day of F'ebruary . 19 �}`� <br /> byandbetween EM;ly E.F?inl�son,a widow,anci R.F'.Thor�as �.nci Olga �.Ttiomas,his wife <br /> of Caira,Nebraska hereinajter called lessor (w�ether one or more), and J.A.P.ow1 and <br /> hereinafter ca�led lessee: <br /> WITNESSETH: That the said lessor, for and in consideration o{ One ceC NO�I.Ud — — — — — — — — — — — — — — — — — — ., Dollars, <br /> casli in hand paid, the receipt of which is I�ereby aclznowledged, and of the covenants and agreements hereinafter contained on part of lessee to be paid, kept ancl per- <br /> f ormed, l�as granted, demised, leased and Iet and by these presents does grant, demise, Iease and let unto the said lessee f or the sole ancl only purpose o f exploring by <br /> geopliysical ancl otl�er metlio�Is,mining ancl operafing for oil and gas and of laying of pipe lines,and of building tanks,powers,stations and structures t�ereon to procluce,save � <br /> ancl take care of said products, all that certain tract of land situate in the County of �iA1.1. State of Nebraska described <br /> as follows, to-wit: <br /> The NartYi Hal.f o� LYie NortY� East �uarter (�'� NE#) <br /> � <br />� � <br /> of Section �U Tou±nship I-2 rj. Range I2 ��'. and containing �0 acres, more or�ess. It is agreed that this lease shall remain in force <br /> for a term of t'pr1 years from this date, and as Iong thereafter as oil or gas or either of them is produced from said Iand by lessee. <br /> In consideration of the premises the said lessee covenants ancl agrees: � <br /> ist. To deliver to the credit of lessor, free of cost, in tlie pipe line to which Iessee mny connect wells on said Iand, t�ie equal one-eighth part of aII oiI proc�ucecl and � <br /> saved f rom the Ieased premises. <br /> 2nd. To pay lessor one-eighth ('/a) of the gross proceeds each year, payable q uarterly, f or the gas f rom each well where gas only is f ound, wTiile the same is being <br /> used off the premises, and if used in tlie manufncture of gasoline a royalty of one-eiglitl� ('/a), payable monthly at the prevailing marizet rate for gas; and lessor to have <br /> gas free of cost from any sucli well for aII stones ancl aII insicle Iights in t�e principal clwelling on said land during the same time, by making lessor's own connections wit� \ <br /> the well at lessor's own risk and expense. � <br /> 3rd. To pay lessor for gns proclucecl from any oil well and usecl of f t{te premises or in the manufneture of gasoline or any other proc�uct a roynity of one-eightjt V`' <br /> ('/s) of the proceeds, at the mouth of the well, payaTile monthly at tlie prei�ailinc� market rate. <br /> If no well be commenced on said Iand on or before the �'tri� �jQy of February tg 43 , tl�is lense shall terminate <br /> as to botl� parties, unless the lessee shall on or before that date pay or tender to the lessor or to tlie lessor's credit in the �t%g�f.' Bank Of Cairo <br /> Bank at Ca�ro,ATebraska , or its successors, which s�all continue as the depository regardless of changes in the ownership o(said land, the sum <br /> of 5ixteen �'G Np�1�� — — — — — — — — — — — — — — — clollars, w�tich shall operate as a rental and couer the prii�ilege of cle(erring tjte <br /> commencement of a well for tV7P,1.VE' months from said date. In like manner and upon like payments or tenders, tl�e commencement of a well may be further <br /> c�eferrec� for lilze perioc�s of tlie same number of months successively. Ancl it is unc�erstooc� anc� agreecl that the consicleration first reeitecl�ierein, the down payment, covers <br /> not only t1�e privilege granted to t1�e date when said first rentnl is payable as aforesaid, buE also tlie lessee's option of extending tl►at perioc� as aforesaid, and any and nll <br /> other rights conferrec�. <br /> Should the first well drilled on the above describecl Iand be a dry hole, then, and in that event, if n second well is not commenced on snid Iand within twelve months <br /> from the expiration of the last rental period for wl�ich rental has been paid, this lease sliall terminate as to botli parties, unless the lessee on or before the ezpiration of <br /> saic� twelve montlts s{tall resume tlie payment of rentals, in t�ie same amount ancl in t�e same manner as hereinbefore proviclecl. Anc�it is agreec�tjtat upon t�ie resumption <br /> of the payment of rentals ns above pro�iclec�, that the Iast prececling paragrapTi hereof governing t�te payment oF rentals ancl the ef`ect thereof, shall continue in force just <br /> as though there had been no interuptiomin the rental payments, and if the Iessee shall commence to drill a well witTiin tTie term of this lease or any extension tliereof, the <br /> lessee sliall Iiave the right to drill sucl� well to completion with reasonable cliligence ancl c�ispatch, and if oil or gas, or either of t�iem, be found in paying quantities, this <br /> lense shull continue anc� be in force with the lilze ef fect as if sucl� well Tiad been completed witFiin tAe term of years first mentioned. <br /> If said lessor owns a less interest in the above described land than tTie entire and undivided fee simple estate tlierein, tl�en the royalties and rentals l�erein provided <br /> f or sTiall be paid the saic� lessor only in the proportion wliiclt lessor's interest bears t o the wliole ancl uncliviclecl f ee. - <br /> Lessee shall have the right to use, free of cost, gas, oil and water produced on said land for Iessee's operations thereon, except water from the wells of lessor. <br /> When requested by Iessor, lessee shnll bury Iessee's pipe lines belou� plow depth. <br /> 1Vo well shall be drilled nearer than 20o feet to the house or barn now on saicl premises wit{tout written consent of lessor. <br /> Lessee shall pay for damages causec� by lessee�s operations to growing crops on said land. <br /> Lessee shall have the right at any time to remove adl machinery and f ixtures p lacec�on saicl premises, inelucling the right to clra.w ancl remove easing. <br /> If tlie estate of either party hereto is assignec��ancl tTie privilege of assigning in whole or in part is expressly allowed.--the eovenants hereof shall extencl to their <br /> heirs, executors, administrators,successors or assigns, but no cjtange in tAe ownership o f the land, or assignments oF rental or royalties shall be binding on the lessee until <br /> af ter the Iessee has been f urnisTtecl with a written transf er or assignment or a true co py thereof; and it is hereby agreed that in t�e event this lease s{►all be assigned as [o <br /> a part or as to parfs of fhe above �Ieseribec� Iancls ancl the assignee or assignees of sueh part or parts shall fail or make default in f�e payment of t�te proportionate part of <br /> the rents clue from him or them, such clefault sliall not operate to clefeat or af fect this lease in so far as it covers a part or pnrts of saict lancls upon w�iich the said lessee or <br /> any assignee thereof shall make c�ue payment of saic� rental. In case lessee assigns t�iis lease, in whole or in parf, Iessee sI�aII he relievecl of all obligations with respeet to <br /> the assignecl portion or portions arising subsequent to the cjate of assignment. <br /> AIZ express or implied covenants of this lease shnll be subject to all Federal nnd State Laws, Executive Orders, Rules or Regulations, anc� this lease sl�all not be <br /> terminatecl, in whole or in part, nor Iessee Tielcl Iinble in clamages, for failure to comply therewith, if compliance is preventecl by> or if such failure is the result of, any <br /> such Law> �rder, Rule or Regulation. <br /> Lessor hereby warrants anc�agrees to c�efenc� the title to the lancls herein deseribec�, and agrees that the lessee s�all have t{te right at any time to redeem for lessor, <br /> by payment, anty mortgages, taxes or other liens on the above �Iescribe�I Ianc�s, in t�e event of c�efault of paymenf by Iessor, anc� be subrogratecl to the rights of the Ttolcler <br /> thereof, and tTie unclersignec� lessors, for themselues ancl their �ieirs, successors, ancl assigns, hereby surrenc�er ancl release all riglit of clower anc� Itomesteacl in the premises <br /> described herein, insofar as said riglit of dower nnd homestead mny in any way af f ect the purposes for which this lease is made, as recited herein. <br /> IN TESTIMONY WHEREOF WE SIGN, Th�s ihe �Fth, day of February , ,9 42 . <br /> Witnesses: -----------------------------------------------------EIl1�I,�!'---E_.H i nk a on-----------------------�----�------ <br /> --------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------�-------R.,.�'.._Them��--------------------------------------........--�-- <br /> --------------------------------------------�------.....-------.._._----�-----------------------------------------�--------------------� -------------------��---�-------�----....._......---OZ-�a---E.,.Thom_�s--�--------------------------�---------�-� <br />' -----------------------------------------------------�---------------------,---------�-------------�--------------------------------�- --------�------------------------------�----------------------------------------------------------------------------------�-------� <br />