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<br /> OIL AND GAS LEASE
<br /> Containing iqoo Printed Words
<br /> Producers 88 Special F.L.B. i-q�
<br /> :1897—The Augustine Co., County Bupplies, Grand Island, Nebr..
<br /> FROM THE STATE OF NEBRASKA
<br /> ss.
<br /> �1g�1 (,'ounty,
<br /> Frank J.Ker�ptar & wP
<br /> I liereby certify tliat this instrument was entered on Numerical Index, and filed
<br /> ,I,O for recorcl t�iis 2� clay of Nlarch ig 't2 ,
<br /> at 3 o�clock p. M. ����-�C �
<br /> � �T.A..RO�'!�:t3.rid Re9ister of��
<br /> � Deputy.
<br /> Fees, � 2. 20
<br /> AGREEMENT, Made and entered into the j U t17.� day of J ar:uary . 19 �Z
<br /> by an�I between F�I'$T1�C J.Kemptar anci Hazey Kemptar,his vriPe
<br /> I
<br /> of C�iro,?�lebraska hereinafter called lessor (whether one or more), and J.A.Rowland
<br /> hereinafter called lessee:
<br />� WITN$SSETH: That the said Iessor, for and in consideration of �nE' & NO�1-�� — — — — — — — — — — — — — — — — — — Dollars,
<br /> casli in �iancl paicl, the recei t o wlaich is l�ereb aclznowled ed, and o the covenants and a reements hereinafter contained on part of lessee to be paid, kept and per-
<br /> p f Y 9 f 9 �
<br /> formed, has granted, demised, leased and let and by these presents does grant, demise, lease and let unto the said lessee for the sole and only purpose of exploring by �"
<br /> geophysical and other methods,mining nnd operating for oil and gas anc�of laying of pipe lines, anc�of building tnnks,powers,stations an�structures t�ereon to procluce,save
<br /> and talze care of said products, all that certain tract of land situate in the County of Hf��-Z State o) Nebraska ctescribed
<br /> as follows, to-wit:
<br /> The South Ha�.f" of the Plarth Vleet f�uartPr ( S� N�J�) � ,
<br /> �
<br /> �
<br /> of Section �i Township 1.2 N. Range �-L �`�. and containin,q �d acres, more or Cess. It is agreed fhat this lease shall remain in force D
<br /> f or a term o f t 621 years f rom t1�is date, ancl as long theren f ter as oil or gas or either o f them is procluced f rom said land by lessee.
<br /> In consideration of the premises the said lessee covenants and agrees:
<br /> ist. To deliver to the credit of Iessor, free of cost, in the pipe Iine to which Iessee may connect wells on said land, the equal one-eiglith part of all oiI proc�ucec�ancl t�
<br /> saued f rom the Ieased premises. �
<br /> 2nd. To pay lessor one-eight/i (I/a) o f t/ie 9ross proceeds eac� year, payable q uarterly, f or the gas f rom each well wjtere gas only is f ounc�, while the same is being �++
<br /> usec� off the premises, and if uset� in the manufneture of gasoline a royalty of one-eightlt (1/s), payable monthly at the preuailing marizet rate for gas; ancl lessor to liave
<br /> gas free of cost from any sucl�well for all stoues nnd all inside Iigl�ts in fTie principal clwelling on saic� Iancl cluring the snme time, by malzing lessor's own connections with
<br /> th,e well at lessor's own risk and espense.
<br /> 3rcl. To pay lessor for gas produced from any oil well and usec� off the premises or in the manufncture of gasoline or any other proc�uct a royalty of one-eig�ith
<br /> (1/s) of the proceeds, at the mouth of the well, p�yable montltly at the prevailing marizet rate.
<br /> If no well be eommeneecl on saicl lancl on or before the ��t',,r'i� clay of January ig �3 , this lease shall terminate
<br /> as to botli parties, unless the lessee shall on or before that date pay or tencler to the lessor or to the lessor's erec�it in the ►�t',&t8 $AT1�L Of Cairo
<br /> Ban/z at Cairo,Nebrasktt , or its successors, w�tic�i shall continue ns tjte clepository regarc�less of changes in t�ie owners�iip of saicl lancl, the sum
<br /> of 9ixteen t�C NO�I.UO — — — — — — — — — — — — — — dollars, which shall operate as a rental and cover tjte prinilege of defening the
<br /> commencement of a well for tV'lE'I.V@ months from saicl clnte. In like mnnner and upon lilze payments or tenders, the commencement of a well may be furt�ier
<br /> cleferrecl for lilze periods of t�e same number of months successi�ely. And it is understood and agreed t1�at the consideration first recited herein, t�e down payment, covers
<br /> not only the privilege granted to the dnte when said first rental is payable as aforesaid, but also t�e lessee's option of extending that period as aforesaid, and any and nll
<br /> other rights con f errecl.
<br /> Slioulcl the f irst well clrillec�on the nboc�e clescribecl Iancl 6e a clry Tiole, t�en, nnc�in that event, if a seconcl well is not commenced on snid land within twelve mont{�s
<br /> from the expiration of the lnst rental periocl for which rental has been pnic�, this lease s�all terminate as to bot�i parties, unless t{te lessee on or before t{te expiration of
<br /> saicl twelve months sliall resume the payment of rentals, in the same amount nncl in the same manner as hereinbefore provic�ecl. And it is agreecl that upon the resumption
<br /> of the payment of rentals ns above provided, that the Iast preceding paragrapTi hereof governing the payment of rentals and the effect thereof, s�all continue in force just
<br /> as though tTiere liacl been no interuption in the rental payments, ancl i( the lessee shnll eommence to c�rill a well witltin tlie term of tTiis lease or any extension thereof, the
<br /> Iessee shall have the right to drill sucl� well to completion with reasonable diligence and dispatch, and if oil or gas, or either of them, be found in paying quantities, this
<br /> lease shall continue and be in force with the Iike ef fect as if such well had been completed witl�in the term of yenrs first mentioned.
<br /> If saic� lessor owns a less interest in the above c�eseribed Iand t�an the entire ancl unc�ividecl fee simple estate therein, then the royalties anc� rentals herein proviclecl
<br /> f or shall be paid the said lessor only in the proportion wl�ich lessor's interest bears t o t�e whole and undivided f ee.
<br /> Lessee shall have tTie right to use, free of cost, gas, oiI and water produced on said land for Iessee's operntions thereon, except water from the wells of lessor.
<br /> `Vlien requestecl by lessor, Iessee shall bury lessee's pipe lines below plow depth.
<br /> No well shall be drilled nearer than 20o feet to the liouse or barn now on saict premises witliout written consent of lessor.
<br /> I.essee shall pay for c�amages causecl by lessee�s operations to growing crops on saic� lanc�.
<br /> Lessee shall have t�e right at any time to remove all machinery and fixtures placec� on said premises, inclucling the right to draw and remove casing.
<br /> If the estate of eitTier party �iereto is assigned.-,and the privilege of assigning in whole or in pnrt is expressly allowecl--the covenants jtereof shall extend to their
<br /> heirs, executors, aclministrators, successors or assigns, but no change in tlie ownership o f the lancl, or assignments of rental or royalties shall be bincling on the lessee until
<br /> after the �essee has been furnished witl� a written transfer or assignment or a true copy thereof; and it is hereby agreed that in tlie event this lease sh.all be assigned as to
<br /> a part or as to parts of the above cleseribecl Ian�Is an�Z the nssignee or assignees of such part or parts shall fail or malze c�efault in the payment of t�ie proportionate part of
<br /> the rents c�ue f rom �im or them, such def ault shall not operate to c�e f eat or af f ect t�is lease in so f ar as it covers a part or parts o f saicl lands upon wliich tTte saicl lessee or
<br /> any assignee thereof shall malze clue payment of snic� rental. In case lessee assigns this lease, in whole or in part, lessee shnll be relievecl of aII obligations with respect to
<br /> the assignec� portion or portions arising subsequent to the ctate of assignment.
<br /> All express or implied covenants of this lease shnll be subject to all Federal and State Laws, Executive Orders, Rules or Regulations, and this lease sl�all not be
<br /> terminatec�, in whole or in part, nor Iessee Ftelcl IinbLe in c�amages, for failure to comply tlierewitli, if compliance is preventec� by, or if such failure is the result of, any
<br /> sucli Law, Order, Rule or Regulation.
<br /> Lessor �erehy warrants anc�agrees to clefencl tl�e title to t�e lnncls herein clescribecl, anc� agrees that the lessee shall Iiaue the right at any time to recleem for lessor,
<br /> Fiy payment, an�Z mortflages, taxes or other liens on the abo�e described lands, in tl�e event of default of payment by lessor, and be subrograted to the rights of the holder
<br /> thereof, and the undersigned Iessors, for themselues and their heirs, successors, and assigns, hereby surrender and release all right of dower and homestead in the premises
<br /> cteseribecl l�erein> insofar as said riyht of clower and homestentl may in any wny a{�f eet the purposes for whieli t�is�ease is mac�e,ns reeitecl lterein.
<br /> IN TESTIMONY WHEREOF WE SIGN, ThLS the Sth� day o{ February , 19 42 .
<br /> Witnesses: -----------------------------------------------------------Er��.C---cTa.K_P,Il1�1tflI.'--�-----------�----------�
<br /> �-------------------------------------------------------------------------------------------------------------------------�---------�- -------�-------------�------------------------------------Hazel---K.�m�tar----�---------------�---� -�-�-
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