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OIL AND GAS LEASE � �9 �- <br /> Containing tqoo Printed Words <br /> Producers 88 Special F.L.B. t-q2 <br /> 21637—The Augustine Co., County 3upplies, Grand Island, Nebr. <br /> FROM THE STATE OF NEBRASKA <br /> ss. <br /> Louia J.Kyhn & v1�' Hall County, <br /> I here b cer ti t l ia t t his ins trumen t was en tere d on Numerica l In dex an c l i le c l <br /> Y �Y , f <br /> T'O for record tliis 2�j day of 1�larch ��942 . <br /> at 3 o'alocFz P. M. " `J��u°"� <br /> eT.�..Ro�rland Register of Deeds. <br /> e'�1 �eputy. <br /> � Fees, � ��. 2� <br /> AGREEMENT, Made and entered into the �ntYl� day of Jar.uary , tg 4c <br /> by and between Louis J.Kyhn and TenR Kyhn,hie r�iPe <br /> of Cairc�,NebraWkQ hereinafter called lessor (whether one or more), and cT.A.Rowland <br /> hereinafter called lessee: <br /> WITNESSETH: TTiat the said lessor, for and in consideration o) One �c NO�Z.U� — — — — — — — — — — — — — — — — — — — Dollars, <br /> casli in hand paid, the receipt of which is I�ereby acknowledged, and of tTie covenants nnd agreements hereinafter contained on part of lessee to be paid, kept and per- <br /> formecl> has granted, demised, leased and Let ancl by t�iese presents does grant, demise, Iease and Iet unto the said Iessee for tlee sole and only purpose of exploring by <br /> geoph.ysical and other methocls,mining and operating f or oil and gas and of laying of pipe Iines, and of building tanlzs,powers,stations and structures thereon to produce,save <br /> and talze care of snid products, aIl that certain tract of land situate in the County of �al� State of Nebraska clescribed <br /> as follows, to-wit: <br /> The 8outh West Quarter ( sG"d�) <br /> � <br /> of Section I.�' Tou>nship I.� r1. Range �.2 wand containing I 6� acres, more or�ess. It is agreed that this lease shall remain in f orce � <br /> f or a term of tP.I1 years f rom this date, and as long tTierea f ter as oil or gas or eitT�er of them is produced f rom said land by Iessee. � <br /> In consicleration of the premises the said lessee covenants and agrees: <br /> tst. To deliver to the credit of lessor, free of cost, in the pipe line to wliicli lessee mny connect wells on said land, the equal one-eighth part of all oil produced and <br /> saved f rom the Ieased premises. <br /> �nd. To pay lessor one-eighth ('/a) of the c�ross proceeds each,year, payable quarterly, for the gas from each well where gas only is found, while the same is being � <br /> used off the premises, and if used in the manufacture of gasoline a royalty of one-eighth (i/a), payable monthly at the prevailing market rate for gas; and lessor to have <br /> gas free of cost from nny such well for all stoues and all inside lights in the principal dwelling on saicl IancI cluring the same time, by making lessor's own connections wit�i � <br /> the well at lessor's own risk anc� expense. <br /> 3rd. To pay lessor for gas proclucecl from any oil well and usecl off the premises or in the manufneture of gasoline or any other proc�uet a royalty of one-eighth <br /> �l�s� of the proceec�s, nt t�e mouth of the well, payable montltly at the prevailing marizet rate. \ <br /> If no well be commencecl on saicl land on or before the 7j�t�'l.� clay of Januar3' ig�3 , this lease shall terminate � <br /> as to bot� pnrties> unless the lessee shnll on or before t�tat c�ate pay or tencler to the lessor or to t�e lessor's crec�it in the ►gfi+At,E 8827.�L o� Cairo v <br /> Bank at C�t{Y'O�Nf'�T'&81Ca. , or its successors> w�iich shall continue as t�ie c�epository regarc�less of changes in the owners�iip of saic��ancl, the sum <br /> of Tliirty 2'WO �u NC3�]..�� — — — — — — — — — — — — — clollars, whicli shall operate as a rental and cover the privilege of deferring the <br /> commencement of a well for tYJE�.VB months from said date. In like mnnner and upon like pnyments or tenders, the commencement of a well may be further <br /> c�eferred for Iike periods of the same number of months successively. And it is understoocl ancl agreecl tl�at t{te consideration first recited herein, the down payment, covers <br /> not only the privilege grantecl to tlie date when said first renfal is pnyable as aforesaic�, but also tlie lessee's option of extending tliat period as aforesaid, and any and aIl <br /> other rights conferrec�. <br /> Should the first well clrillecl on the aboi�e described land be a dry hole, then, anc�in that event, if a second well is not commenced on said land within twelve months <br /> from the expiration of the Iast rental period for which rentnl has been paid, this Iease shall terminate as to both parties, unless the lessee on or before the expiration of <br /> said twelve months shall resume the payment of rentals, in the same amount and in the same manner as �ereinbefore provided. And it is agreed that upon tlie resumption <br /> of the payment of rentals ns above provided, that the Iast prece�Iing paragraph hereof governing the payment of rentals and the ef{'ect thereof, sliall continue in force just <br /> as tl�ougTi tliere had been no interuption in the rental payments, and if the lessee shall commence to drill a well within the term of tFiis lease or any extension thereof, tl�e <br /> lessee shall �ave the rigTit to clrill sucli well to completion witli reasonable c�iligence ancl clispatcli, anc� if oil or gas, or eitlter of them, be founcl in paying quantities, tliis <br /> Cense shall continue and be in force witli the like effect as if such well had been completed within the term of years first mentioned. <br /> If said lessor owns n less interest in the above described land than the entire and undivided fee simple estate tl�erein, then the royalties and rentals herein provided <br /> for sjtall be paid the saicl lessor only in the proportion which lessor's interest bears to the whole ancl unc�ivided fee. <br /> Lessee sl�all 1�ave the ric�ht to use, free of cost, gas, oil anc� water produced on saic� Iancl for lessee's operations thereon, except water from the wells of lessor. <br /> VVhen requested by lessor, Iessee shall bury lessee's pipe Iines below plow depth. <br /> lVo well shall be drillecl nearer than 20o feet to tlie house or barn now on sait�premises without written consent of lessor. � <br /> Lessee shall pay for clamages causecl by lessee�s operations to growing crops on said lanc�. <br /> Lessee shall have the righ,t at any time to remove all machinery and fixtures placed on said premises, including the rig�t to draw and remove casing. <br /> If the estate of either party liereto is assigned'-and the privilege of assigning in wliole or in part is expressly allowec�--tlie covenants �iereof sliall extenc� to their � <br /> heirs, executors, acTministrators,successors or assigns, but no cl�ange in the ownership o f the lancl, or assignments of rental or royalties sliaTl be binc�ing on the lessee until <br /> after the lessee has been furnishecl with a written transfer or assignment or a true copy thereof; anc� it is hereby agreecl thnt in t�ie event t�iis Iease shall be assignecl as to <br /> a part or as to parts of the above cleseribecl Iancls ancT t�e assignee or assignees of such part or parts shall fail or make c�efault in the payment of fhe proportionate part of <br /> the rents due from him or them, such default shall not operate to defeat or af fect 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 sl�all make clue pnyment of saic� rental. In case lessee assigns t�iis lense, in whole or in part, lessee shnll be relievec�of all obiigations with respect to <br /> the assignec� portion or portions arising subsequent to the clate of assignment. <br /> l�ll express or impliec� cor�enants of t�is lease shall be subject to all Fecleral anc� State Laws, Executive Orders, Rules or Regulations, and tliis lease shall not be <br /> terminated, in whole or in part, nor Iessee held linble in damages, for failure to comply therewith, if compliance is prevented by, or if such failure is t�e result of, any <br /> such Law, Orc�er, Rule or Regulation. <br /> Lessor hereby warrants and agrees to defend the title to the lands herein describec�, and agrees that the lessee s�all have the right at any time to rec�eem for lessor. <br /> by payment, anY mortgages, taxes or other Iiens on the above described lands, in the event of default of payment by Iessor, and be subrograted to the rights of tlie Tiolcler <br /> tltereof, and the unclersignec� lessors, for themselves ancl their heirs, suecessors, ancl assigns, hereby surrenc�er anc� release all right of dower ancl homesteac� in the premises <br /> described l�erein, insofar as said right of dower nnd homestend mny in any wny af f ect the purposes for which this lease is made,as recited herein. <br /> 1N TESTIMONY WHEREOF WE SIGN, Th�s the 3Uth, day of January , 19 �2 . <br /> Witnesses: ------------------------�--------------------------------------_LQLl1.B---�---�y�----------------------------�-- <br /> --------------------------------------------------------------------------------------------------�---------�--------------------------- -----------------------------------------...---------------------Tena.._Ky.h�.------------------------- --- ----�- <br /> --------------------�--------------------------------�--------------------------------------------------------------------------�------ -----------�------------------------------------------------�----------�----------------------------�-------------------------�----- <br /> ------------------------------------------------------�--------------------------------------------------------------------------------- -�--------------------�---------------------------._...----------------------------------------------�------------------�-----�-- <br />