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A LEASE � � �� <br /> QIL AND G S <br /> Containing tqoo Printed Words <br /> Producers 88 Special F.L.B. i-q2 <br /> 21697—The Augustine Co., County Supplies, Grand Island, Nebr. <br /> FROM THE STATE OF NEBRASKA <br /> ss. <br /> C.H.Kemptar & ��if e H�.11 Couney, <br /> I hereby certify that this instrument was entered on Numerical Index, and filed <br /> TO f or record this 2 3 day o f Mar ch � �-2 . <br /> nt �j��� o'clock P•M. , � <br /> Register of De't eds. <br /> J.A,Rpwl.ar2d Deputy. <br /> f� 0 <br />, Fees, $2. 5 <br /> AGREEMENT, Made and entered into tTie �9t� day of January , lg �2 <br /> by and between C.H.Kemptar and Elnha Kemptar, hi s ��rif e, <br />� <br />� <br /> Iof Gairo, Nebraska hereinafter called Iessor (whether one or more)'and <br /> �j,A.Rpt�t1,�nd� _ _ _ _ _ _ ... _ _ _ _ _ _ _ _ _ _ _ _ _ _ — — hereinafter called lessee: <br /> WITNESS�TH: That the saad Iessor,for and in consideration of Qne $; NC���.00 — — — — — — — — — — — — — — — — Dodlars, <br /> cash. in hand paid, the receipt of wleicls is hereby acTtnowledged, and of the covenants anc� agreements hereinafter contained on part of lessee to be paid, kept ancl per- <br /> formed, has granted, demised, leasecl and let and by tlxese presents does grant, demise, Iease ancl let unto t�e said lessee for the sole and only purpose of exploring by <br /> geopTiysical and other metFtoc�s,mining ancl operating f or oil and gas ancl of laying of pipe lines,and of building tanks,powers,stations and structures tliereon to produce,save <br /> and taTze care of said products, all f�at certain tract of land situate in tke County of Hc'�1�. State o) Nebraska described <br /> as �ol�ows, to-wit: � <br /> The North East Qua,rter of Section Seventeen and the east t-�renty one acres of the North <br /> West Quarter of Seetion Seventeen (17) , the �outh Half' of the South East Quarter of <br /> Section T�tiTenty (2_0) and the South?aest 6�uarter of SPction `j'�aenty One (21� <br /> I � , <br />� � <br /> oF SecEion S 7� 2� & Tol nship 1.2 N• Ran9e 1.� w. ared containing �21 acres,more or Iess. 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, and as Iong tl�erea f ter as oiI or gas or eitlier of them is produced f rom said Iand by Iessee. � <br /> In consicleration of tFie premises t�e said lessee covennnts and agrees: <br /> Itst. To deliver to tTie credit of Iessor, free of cost, in tFte pipe line to wlifcTi lessee may connect wells on said dant�, tlee equal one-eighth part of aIl oil produced and � <br />�� saved f rom the Ieased premises. <br /> 2nd. To pay Iessor one-eighth (1/s) of the gross proceeds each,year, payable quarterly, ror th.e gas from each well where gas only is found, while tl�e same is being <br /> used of f t1�e premises, and if used in the manufacture of gasoline a royalty of one-eig�itTi (i/a), payable monthly at the prevailing mar�et rate for gas; and tessor to haUe <br /> as ree o cost rom an such well or all stones and all inside Ii hts in t�e rinci al dwelTing on said tand durin the same time, b malzin lessor's own conneetions witli \ <br /> 9 f f I Y f 9 P � P 9 Y 9 V <br /> I� the well at lessor's own risk and expense. 9w <br /> Igrd. To pay lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any ot�er proc�uct a royalty of one-eighth <br /> II ('/s) of tlee proceec�s, at t�ie mouth of the well, pnyable mont�ly at the prevailing market rate. <br /> IIf no weld be commenced on said Iand on or before tTie 29tr1 day of J�,nuary tg��j , tl�is lease shall terminate <br /> as to both parties, unless t�xe lessee slzall on or before t�iat c�ate pny or tencler to the lessor or to the lessor's ereclit in t�e ►��',c'�,t',Q B�.nk Of Cairo, <br /> Bank at Caira, �B�JT't�S'_K�. , or its successors, which slinll continue as tTie depository regardless of changes in the ownership of said Iand, the sum <br /> of Ei�hty Four c�: ����.�� — — — — — — — — — — — dollars, whicF� shall operate as a rental and cover tl�e privilege of deferring the <br /> commencement of a well for twelve montlis from said date. In like manner ancl upon lilze payments or tenders, the commencement of a well may be furtlier <br /> deferred for liFte periocls of the same number of monfhs successively. And it is understood and agreed that tlxe consideration first recited herein, the dorun payment, covers <br /> not only the privilege granted to the date w�en said firsf rental is payable as nforesaic�> but also the lessee's option of extending t�at period as aforesaid, and any and aII <br /> other rights con f erred. <br /> Should the f irst weZl c�rillec� on the above clescri�ecl lancl be a clry hole, then> ancr in that event, if a seeond we�l is not'commenced on saic�lanc�within twelve months <br /> from the expiration of the Iast rental period for which rental has been paid, this �ease shal� terminate as to both parties, unless the lessee on or before the expzration o` <br /> said twelve montlis sliall resume tTie payment of rentals, in the same amount and in the same manner as hereinbefore provided. And iE is agreed that upon the resumption <br /> of tTie payment of rentals ns above provided, that the Iast precec�ing paragrapli hereof governing the payment of rentals and tFie effect thereof, sTiall contfnue in force just <br /> as though, there Ftad been no interuption in the rental payments, and if the lessee shall commence to drill a well within the term of this Iease or any extension thereof, the <br /> lessee shall have the right to drill such well to completion with reasonable cTiligence ancl clispatcl�, and if oil or gas, or eitTier of them, be found in paying quantities, this <br /> lease shald continue and be in force with the lilze ef fect ns if such well had been completed within the term of years first mentioned. <br /> If saicl tessor owns a less interest in the nbove described Iand than the entire ancl undivided fee simple estate therein, then tl�e royalties and rentals herein providecl <br /> for shaTl be paid tTie said lessor only in the proportion which Iessor's interest bears to the whole and undivided fee. <br /> Lessee shall liave the right to use, free of cost, gas, oil and water produced on said Iand for lessee's operntions t�ereon, except water from tlie wells of Iessor. <br /> VV1�en requested by lessor, lessee shall bury dessee's pipe lines below plow depfh. <br />� No we�l s�all be clrillec� nearer than 20o feet to the house or barn now on saicl premises withouf writfen consent of lessor. <br /> Lessee shall pay for damages causecl by lessee's operations to growing crops on said tand. <br />� Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, includireg tFee right to draw nnd remove casing. <br /> If the estate of either party hereto is assigned�nnd the privilege of assigning in whole or in part is expressly allowed---the covenants hereof sha[c extend to their <br /> heirs, executors,administrators, successors or assigns, but no eTiange in tTie ownership of the lnnd, or assignments of rental or royalties s1ialZ be bincling on tlxe lessee until <br /> after the Iessee hns been furnished with a written transfer or assignment or a true copy thereof; ancl it is Tiereby agreed that in the event fTiis lease sl�all be assigned as to <br /> a �art or as to parts of the above clescribed Iands and tTie assignee or assignees of such part or parts sTiall fail or ma�e defauTt in the payment of the proportionate part of <br /> I the rents due from him or t�em, such default shall not operate to defeat or af fect this lease in so far as it covers a parE or parts of said lands upon which the said lessee or <br /> i <br /> any assi nee thereo sF�all malze clue a ment o said rentnl. In case lessee assi ns this lease, in who�e or in part, lessee shall be relieved of ald obligations with res ect to <br /> . 9 f P Y f 9 p <br /> the nssigned portion or portions arising subsequent fo the date of assignment. <br />' Ald expreas or implied covenants of this Iense sliall be subject to alI Federal and State Laws, Executive Orders, Ruies or Regulations, and this lease sTiall not Fie <br />' terminated, in whole or in part, nor lessee held Iiable in dnmages, for failure to comply therewith, if compliance is prevented by, or if suc�i failure is the result of, any <br />' such Law, �rc�er, Rule or jZegulation. <br />' Lessor hereby warrants and agrees to defend the title to the Innds herein described, and agrees that the lessee shall have the right at any time to redeem for �essor, <br /> by payment, an.�mortgages, taxes or other Ziens on the above described Iands, in the event of default of payment by Iessor, and be subrograted to the riglits of the Tiolder <br /> thereof, ancl the unclersignecl lessors, for themselc�es anc� t�eir Iteirs, successors, ant�assigns, hereby surrenc�er anc� release all rig�it of clower nnc� homesteac� in the premises <br /> described �erein, insofar as said ric�liE of dower and F�omestead may in any tvay af f ect the purposes for which tliis lease is made,as recited herein. <br /> IN TESTIMONY WHEREOF WE SIGN, Th�s the 29th day of January , ,9 �2 . <br /> Witnesses: -----------------------•----•---------------------------•-------•----�i,�.H...K_�m�-�-ar-�----�----�----------------- <br /> ------------------------------------�---...--------��----------------------------�---------�--------��--------------------�----�----.._. .--------------------------------�------------------------------�---Mr..s-=----E�.�k�-�:--K�zn�P-�-��'---�----� <br /> ---------�-�----------------------------�----------------------------------------�----�----------------------------------------�-------- -----------�----------------�--------------��---�----------�--�-�----�----�----�-----...------------�-�----------�-�----�----�-----�--� <br /> --------------------------------�-------�----�-----------------�----------------------�---------�-------------------------------------- ---------------------------------�-----------------------------�----�----�----:..-----�---------�-----------------�---��---------�--�-- <br />