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OIL AND GAS LEASE ��9 <br /> Containing iqoo Printed Words <br /> Producers 88 Special F.L.B. i-q2 <br /> 21697—The Augustine Co., County Supplies, Gra.nd Island, Nebr,. <br /> FROM THE STATE OF NEBRASKA <br /> ss. <br /> Ot�o Luhri & vr� HaI1. County, <br /> 1 hereby certif y that tliis instrument was entered on Numerical Index, and f iled <br /> TO f or record t1�is 2 j day of h7ar C� ig 1�� , <br /> at 3 o•�ro�k p .M. �<���.� �/-��' <br /> �T.A.Rov�land Register of Deeds. <br /> /`� I�epufy. <br /> , Fees, S 2.�� <br /> �1GREEMENT, Mac�e and entered into t�e �].� day of J anuary , tq 42 <br /> by and Tietween Qtto T,uhn and Ro�e Luhn,hi.� wife <br /> of Cairo,rJebraska hereinaJter called lessor (wT�ether one or more), and J.�+.Rowland <br /> hereina(ter cal�ed Iessee: <br /> WITNESSETH: That tlie saicl Iessor, for and in consideration of OnE' & NO�1-Q� — — — — — — — — — — — — — — — -- — — Dollars, <br /> casl� in hand paid, the receipt of which is hereby acknowledged, ancl of the covenants and agreements I�ereinafter contained on part of lessee to be paid, kept and per- <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 anc� only purpose of exploring by <br /> geophysical and other metliods,mining and operating for oil and gas and of Iaying of pipe lines, and of building tanlzs,powers,stations and structures thereon to produce,save <br /> and' take care of snid products, all that certain tract of land situate in the County of xa1-�- State of Nebraska clescribed <br /> ns follows, to-wit: <br /> The South E�gt �uarter ( SE�) � <br /> � , <br /> of Section �6 Township Z� �. Range 1-� pr. and containing �6� acres,more or less. It is agreed that this lease shall remain in f orce � <br /> f or a term o f t e n years f rom this date, ancl as long tlierea f ter as oil or gas or either of tliem is prot�ucec�f rom saicl Ianc�by lessee. <br /> In consideration of the premises the satd Iessee covenants and agrees: <br /> tst. To deliver to the crec�it of lessor, free of eost, in t�e pipe line to which lessee may eonneet wells on saic� lancl, the equal one-eight� part of all oiI proclucecl ancl <br /> saved f rom the leased premises. � <br /> 2nd. To pay Iessor one-eightA (1/s) o f tlie gross proceecls eacli year, payable q uarterly, f or tlte gas f rom eac�i well where gas only is f ouncl, wlLile t�te same is being � <br /> usec� off the premises> anc� if usec� in the manufaeture of gasoline a royalty of one-eightli (lis), payable montTily at tTte prevailing market rate for gas; ancl lessor to �iave <br /> gns free of cost from any such well for all stoi�es and aIl inside lights in the principal dwelling on said land during the same time, by maTting Iessor's own connections with <br /> the well at Iessor's own rislz and expense. <br /> grd. Ta pay lessor for gas procZucet�from any oil well antl uset� of f the premises or in the manufacture oF gasoline or any other procluct n royalty of one-eig�ith � <br /> ('/s) o f t�ee proceeds, at the mouth o f the well, payable monthly at the prevailing market rate. 1� <br /> If no well be eommeneecl on saicl Iancl on or before the 7j1 S1'+> clay of J A,21U&I'V tq �3 , this lease s�iall 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 creclit in the �t&te B$I1�C Og QB�I'Q <br /> Ban� at Cairo,rdPbras�a , or its successors, which shall continue as the c�epository regardless of changes in the ownership of said land, the sum <br /> of Thirty Two L�i rTO,�.�� — — — — — — — — — — — — —Cbollars, which shall operate as a rental and couer tl�e privilege of deferring the <br /> commencement of a well for tYJ81.Vg months from said date. In Iilze manner and upon Iike payments or tenclers, the commencement of a well may be further <br /> cleferrecl for like perioc�s of the same number of months suceessively. f�ncl it is unc�erstooc� anc� agreec� t�iat the consicleration first reeitecl herein, tlie clown payment, covers <br /> not onry the privilege granted to the clnte when said first rental is payable as aforesaicl, but also the lessee's option of extending that period ns a}'oresaid, and any anc� all <br /> other rights conferrec�. <br /> Should the first well drilled on the above described land be a clry hole, then, ancl in tliat eUent, if a second well is not commenced on said land witl�in twelve months <br /> from the expiration of the last rental perioc� for w�ieh rental Iuis been paicl, this lease shall terminate as to both parties, unless the lessee on or before t�te expiration of <br /> saic� twelve montl�s shall resume the payment of rentals, in tTte same amount ancl in t�e same manner as hereinbefore proviclecl. Ancl it is agreecl that upon tjte resumption <br /> of the payment of rentals ns above provic�ed, that the last prececling paragrap� hereof governing t{te payment of rentals anc� tlie effect thereof, sltall continue in foroe just <br /> as though there had been no interuption in the rental payments, and if the Iessee shall commence to crrill a well within the term of this lease or any extension thereof, the <br /> lessee shall have the right to drill such well to completion with reasonable diligence and dispatch, and if oil or gas, or either of them, be found in paying quantities, this <br /> �ease shall continue ancl be in force with the lilte ef fect as if such welC had been completecl within t�e term of years first mentionecl. <br /> If saicl lessor owns a less interest in the above deseribed lanc�t{tan t{te entire ancl uncliviclec� fee simple estate therein, then t�te royalties ancl rentnls jterein provic�ec� <br /> for shall be paid the said lessor only in tTie proportion w{tich Iessor's interest bears to tlie whole anc�undivided fee. <br /> Lessee shall have the riglit to use, free of cost, gas, oil ancl water producecl on saicl Iancl for ressee's operations thereon, exeept water from t�e wells of lessor. <br /> Wlien requestec� by lessor, lessee shall bury lessee�s pipe Iines below plow c�epth. <br /> No well sliall be drilled nearer tl�an 20o feet to the house or barn now on saicl premises witl�out written consent of lessor. <br /> l.essee s�all pay for c�amages caused by lessee�s operations to growing crops on saic� lanc�. <br /> Lessee shall have the right at any time to remove all machinery and f ixtures p lacecl on saic�premises, inclucling the right to clra.w ancl remove easing. <br /> 1`f the estate of either party hereto is assignec�.--ancl tlie privilege of assigning in w�iole or in part is expressly allowec��the covenants �iereof shall extend to their <br /> heirs, executors, administrators, successors or assigns, but no change in the owners�iip o f the Iand, or assignments of rental or royalties shall be binding on the lessee until <br /> after the lessee �ias been furnishecl with a written transfer or assignment or a true eopy thereo(; ancl it is hereby agreecl that in the event this lease shall be assignecl as to <br /> a part or as to parts of the above c�escribed Iands and the assignee or assignees of such part or parts shall fail or ma�Ze clefnult in t�te payment of the proportionate part of <br /> the rents due from him or them, 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 which the said lessee or <br /> any assignee thereof shall make due payment of said rental. In case Iessee assigns this lease, in whole or in part, lessee shall be relieued of all obligations with respect to <br /> the assigned portion or portions arising subsequent to the date of assignment. <br /> AIl express or implied covenants of tTiis lease shall be subject to all Federal and State Laws, Executive Orders, Rules or Regulations, and this lease shall not be <br /> terminatecl, in whole or in part, nor Iessee helcl Iiable in damages, for failure to comply therewith, if compliance is preventecl by> or if such failure is the result of, any <br /> such Law, Order, Rule or Regulation. <br /> Lessor liereby warrants ancl agrees to defend tl�e title to the lancls herein described, nnd agrees tTiat the lessee shall have the rigltt at any time to redeem for lessor, <br /> by pa�+ment, an�,r mortgages, taxes or other liens on tl�e above described lands, in the eUent of default of payment by Iessor, and be subrograted to the rig/�ts of the holder <br /> thereof, and the unclersigned lessors, for themselues anc�their lieirs, suceessors, and assigns, hereby surrencTer ancl relense all riglit of tlower and liomestead in the premises <br /> clescribed herein, insofar as said �yht of clower and homestead may in any way af f ect the purposes for which this lease is mac�e,as recited herein. <br /> IN TESTIMONY WHEREOF WE SIGN, Thas the 3�-Q� day of JRnusry , 1g �2 , <br /> Witnesses: ------------------°-°°-----------------•-----------------�t tQ----L��.n-°----------------------------�--------- <br /> ----------------------------------------------------�---------------------------------�---------------------�-----------------�---�--�-� --�-----�--------------------------------------��-------�-----�O�.P...�1�X1X�.------------�--------------------�-�--�- <br /> ---------------------------------�---------------------------�--------------------------------------•---.._..._-•----------------------- -------------�---------------------------------------------------------------------------------•------------------------�--------� <br />