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OIL AND GAS LEASE � '�
<br /> Containing tqoo PrintecI Words
<br /> Producers 88 Special F.L.B. t-42
<br /> �1887—The Augustine Co., County Supplies, Grand Ialand, Nebr..
<br /> FROM THE STATE OF NEBRASKA
<br /> ss.
<br /> Viva B. Butler & husband
<br /> �'j�11 County,
<br /> I hereby certif y that tl�is instrument was entered on Numerical Index, and f iled
<br /> TO for record this 23 day of March tg42 >
<br /> at 3 o'cloc� P. M. ���l_�� !/
<br /> Register of Deeds.
<br /> cl.A•�O'n1Z c�:21 C�. /` DBputy.
<br /> � Fees, $ 2. 3 5
<br /> AGREEMENT, Macle and entered into tlie ��trl day of c7c�I"1'.1c�.7'� , tq �'2
<br /> by and between Viva B. Butler and J. S, B,.�tler, her husband,
<br /> of L'�,j.T'O� Nebraska �ereinafter called lessor (whetl�er one or more), and
<br /> J,A, Rowland� hereinafter called lessee:
<br /> WITNESSETH: That tlie said lessor,for and in consideration o{ One 8c NO IZ.00 — — — — — — — — — — — — -- — — - — Dollars,
<br /> cash in hand paid, the receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter contained on part of lessee to be paid, Izept and per-
<br /> f ormed, has granted, demised, leased and let and by these presents does grant, tlemise, lease and let unto the said Iessee f or the sole and only purpose of exploring by
<br /> geopl�ysical and other methods,mining and operating J'or oil and gas and of laying of pipe lines,and of building tanks,powers,stations and structures thereon to produce,saue
<br /> and take care of said products, aIl that certain tract of land situate in t�e County of x�l�.. State of Nebraska described
<br /> as follows, to-wit: �
<br /> The North Ha.lf of the South Half of Section Fifteen, the North WPSt Quarter, and all of the
<br /> Nortn East Quarter lying south of the C. B. & Q. RR, in Section F'ifteen, and tha� part of the
<br /> South Ea.st Qua.rter of SPCtion Ten lying s�uth of tnA C.B. & Q.R.R.
<br /> �
<br /> 10 �
<br /> of SectiorS 1.5 & n Tou�nship 12 N. Rnnge 1.2 W.and containing �-�� acres,more or less. It is agreed that this lease shall remain in force �
<br /> f or a term o f t en years f rom this date, and as long tlierea f ter as oil or gas or either o f them is produced f rom said land by lessee.
<br /> In consideration of tlie premises the said Iessee covenants ancl agrees: �1
<br /> tst. To deliver to t�e credit of lessor, free of cost, in the pipe line to which lessee may connect wells on said Iand, the equal one-eighth part of all oil produced and �
<br /> snved f rom tlie leased premises. �
<br /> 2nd. To pay lessor one-eighth (1/s) 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 gnsoline a royalty of one-eigl�th (�s), payable monthly at the prevailing market rate for gas; and Iessor to 1�ave
<br /> gas free of cost from any sucl�well for all stot�es and all inside lights in tlie principal dwelling on said Iand during the same time, by malzing lessor's own connections with �
<br /> v
<br /> the well at lessor's own rislz and expense. ,�\
<br /> 3rd. To pny Iessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eig�th �
<br /> (1/s) of the proceecls, nt the mouth of the well, payable monthly at the prevailing market rate.
<br /> If no well be commenced on said land on or before the 2�th day of cr�,11U��- T'y tg47j , this lease shall terminate
<br /> as to both parties, unless the lessee shall on or before tliat date pay or tender to the Iessor or to the lessor's credit in the ►Stc'�t2 Bank Of' Cairo,
<br /> Bank at C�,j.T'O� NE,-'bY'£3-.SiCc�. , or its successors, which shall continue as the depository regardless of changes in the ownersliip of said land, tl�e sum
<br /> of Ninety ,�`�X & NO/100 — _ _ _ _ _ _ _ _ _ _ _ clollars, which shall operate as a rental and cover the privilege of deferring the
<br /> commencement of a well for �'we/�/e months from said date. In like manner and upon like payments or tenders, the commencement of a well may be furtlier
<br /> c�eferred for lilze periods of the same number oF months successively. And it is understood nnd agreed that the consideration first recited herein, the down payment, covers
<br />, not only the privilege grantec� to the date when said first rental is payable as nforesaicl, but also the lessee's option of extending tliat periocl as aforesaid, ancl any ancl all
<br /> otJier rights conferrec�.
<br /> Shoulcl the f irst well clrillecl on the above clescribecl Iancl be a c�ry hole, then, nncl in tliat event, if a seeoncl well is not commeneecl on saicl Iancl within twelve montl�s
<br /> from tl�e expiration of the lnst rental periocl for which rentnl hus been paid, this lease shall terminate as to botli parties, unless the lessee on or before the expiration of
<br /> saic� twelve months shall resume the payment of rentnls, in t�ie same amount and in tlie same manner as hereinbefore provicIecl. Ancl it is agreecl that upon t�ie resumption
<br /> of the payment of rentals as above provic�ecl, that the Iast prececIing paragrapli Iiereof governing the payment of rentals anc� the effect thereof, s�iall continue in force just
<br /> , as though there had been no interuption in the rental payments, ancl if tl�e Iessee s1iall commence to c�rill a well within t�ie term of this lease or any extension thereof, the
<br /> ressee shnll /iave the right to rlrill such well to completion with reasonable c�i2igence ancl clispatch, and if oil or gas, or either of them, be found in paying quantities, t�is
<br /> Iease shall continue and be in force with tTie lilze ef fect as if such well had been completed witl�in the term of years first mentioned.
<br /> If said Iessor owns n less interest in the above described land than tl�e entire and undivided fee simple estate therein, then the royalties and rentals herein provided
<br /> f or sFtall be paid tlie said Iessor only in the proportion which lessor's interest bears to the wh,ole and undivicled f ee.
<br /> Lessee shall have the right to use, free of cost, gas, oil and water produced on said land for lessee's operations thereon, except water from the wells of Iessor.
<br /> " When requested by Iessor, lessee shall bury lessee's pipe lines below plow deptli.
<br /> 1�10 well shall be drillecl nearer than 20o feet to the house or barn now on sai�I premises without written consent of lessor.
<br /> Lessee shall pay for damages caused by lessee's operations to growing crops on saicI Iancl.
<br /> Lessee shall have the riglit at any time to remove all machinery and f ixtures p laced on said premises, including tlie rigl�t to draw and remove casing.
<br /> If the estate of either party hereto is assigned�and the privilege of assigning in wl�ole or in part is expressly allowed�the covenants hereof shall extend to their
<br /> heirs, executors, ac�ministrators,successors or assigns, but no change in tlie ownership o f the lancl, or assignments of rental or royalties sliall be bincling on the lessee until
<br /> after the lessee has been furnishec� with a written transfer or assignment or a true copy thereof; and it is Ttereby agreed tliat in the event t�iis lease shall be assigned as to
<br /> a part or as to parts of the above clescribec�Iancls ancl the assignee or assignees of such part or parts s�iall fail or make default in fhe payment of t�ie proportionate pnrt 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 lancls upon which the said Iessee or
<br /> any assignee tliereof shall malze due payment of said rental. In case lessee assigns this lease, in whole or in part, lessee shall be relieved of all obligations witli respect to
<br /> the assigned portion or portions arising subsequent to the date of assignment.
<br /> AII express or implied covenants of this lease shall be subject to all Federal and State Laws, Executive Orders, Rules or Regulations, and this Iease s�all not be
<br /> terminated, in whole or in part, nor lessee held Iiable in damages, for failure to comply therewith, if compliance is prevented by, or if sucli failure is the result of, nny
<br /> such Law, Order, Rule or Regulation.
<br /> Lessor hereby warrants and agrees to defend the title to the lnnds herein describecl, and agrees that tlie lessee s�all �a�e the riglit at any time to redeem for lessor,
<br /> by payment, nn�mortgages> taxes or other liens on the nbove described Iancls, in tlie event of c�efaulf of payment by lessor, and be subrogratecl to the riglits of the Tiolcler
<br /> thereof, ancl tlie unclersigned lessors, f or themselves ancl their heirs, suecessors, and assigns, Fiereby surrencler ancl release all right of dower and homestead in t�ie premises
<br /> clescribecl herein, insofar as snid riyht of dou�er and �omestead may in nny way af f ect the purposes for which tl�is Iease is mac�e,as recitecl herein.
<br /> IN TESTIMONY WHBREOF WE SIGN, This the 2�th dav of January . 19 �-2 •
<br /> I'i Witnesses: -------------°----------------------°------------°---------°-----V�.Y 1---H_•.B.L1�Ci 1_eY'.------------�--------
<br /> J. S. Butler
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