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<br /> OIL AND GAS LEASE
<br /> Containing i400 Printed Words
<br /> Producers 88 Special F.L.B. i-q2
<br /> 21897—The Augustine Co., County Supplles, Grand Island, Nebr..
<br /> ��M THE STATE OF NEBRASKA
<br /> ss.
<br /> Fred Mieth et al Hall County,
<br /> 1 Tiereby certify that tFiis instrument was entered on Numerical Index, ancl filecl
<br /> � TO for record th.is �3 day of March � �� �
<br /> at �j :00 o'clock P.M. � Uf��
<br /> J.A, Ro�nrl�n d Register o f Deeds�
<br /> �1Deputy.
<br /> Fees, $ 2. 20
<br /> AGREEMENT, 1�'Iade and entered into the ��tri day of January . 19 �'2
<br /> by anc� between Fred Myeth and Edna M�eth, his wife, and Frank M-�Pth and Verle Mieth, his wife
<br /> of Ca.i.ro, NP,bT'c'�SK£� hereinafter callec�lessor (w�ether one or more�, and
<br /> eT.A..3�owland - - - - - - - - - - - — — — — — — — — — — — — — — — — — — hereinafter called lessee:
<br /> WITNESSBTH: T�at the saic�Iessor, for and in consideration of One 8C NO�1.�� — — — — — — — — — — — — — — — — — Dollars,
<br /> cash in �and patid, the receipt of which. is hereby acknowledged, and of tlie covenants and agreements hereinafter contained on part of lessee to be paid, lzept and per-
<br /> formed, has granted, demised, leased and let and by these presents does grant, demise, lease and Iet unto the said Iessee for the sole and only purpose of exploring by
<br /> geophysical and other methods,mining and operating f or oil and gas and o f Laying of pipe lines, and o f building tanks,powers,stations and structures thereon to produce,save
<br /> and take care of said products, alT t�at certain trnct of Iand situate in tlie County of H�,11 State of NebraGka described
<br /> as f ollows, to-wit:
<br /> All that nart of tize South H�lf of Secti�n Nine (9) lying south of the C.B. & Q,R.R. \ 1
<br /> - �
<br /> � .
<br /> ° of Section 9 Township 1.2 N. Range 1.2 t�. and containing 2�j� acres, more or Iess. It is agreed that this lease shall remain in force �
<br /> f or a term o f t e n years f rom this c�ate, anc� as long t�ierea f ter as oil or gas or either o f them is proclucec�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 lessor, free of cost, in the pipe line to wl�ich lessee may connect wells on said land, tl�e equal one-eightli part of all oiI produced and �
<br /> saved f rom tl�e leased premises.
<br /> 2nd. To pay Iessor one-eighth (1/s) o f t1�e gross proceeds eacli year, payable q uarterly, f or the gas f rom each well where gas only is f ound, while the same is being �
<br /> usec� off the premises, and if used in the manufacture of gasoline a royalty of one-eighth (�/s�, payable monthly at t�ie prevailing market rate for gns; and lessor to have
<br /> gas f ree of cost f rom any such well f or aII stoves an�all inside Iights in the principal dwelling on saicl Iancl cluring tTie same time, by making lessor's own connections with
<br /> the well at Iessor's own risk and expense.
<br /> 3rd. To pay lessor 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-eighth �
<br /> (1/s) of the proceeds, nt the mouth of the well, payable montltily at tl�e prevailing marizet rate. �
<br /> • If no welT be commenced on said land on or before the 27t�1 clay of cTc']11U�Y`3T �9��j , this Iease shall terminnte
<br /> as to both parties, unless the lessee shall on or before that date pay or tender to tlie Iessor or to the lessor's credit in the State Bank Of Cairo
<br /> Bnnk at Cairo, NPbT'F�Sk� , or its successors, which sha�l continue as t�ie c�epository regarclless of changes in tjte ownersliip of saic�lancl, the sum
<br /> �f Fo r t y ��X & No/100 - - - - - - - - - - - - — dollars, whicli shall operate as a rental ancl cover flie prinilege of deferring tlie
<br /> commencement of a well for t',i8A1,V 8 " months from said date. In like manner ancl upon lilze payments or tenders, the commencement of a well may be further
<br /> cleferrecl for lilze perioc�s of the same number of months suecessively. Anc� it is unclerstoocl ancl agreecI tliat tlie eonsicleration first recitec��erein, the clown payment, eovers
<br /> not only tTie privilege grantecl to the c�ate when saic� f irst rentnl is payable as nf oresaic�, but also the lessee's option of extending that period as af oresaicl, anc� any anc� all
<br /> other rights conferrec�. �
<br /> Shoulc� the f irst well clrillec�on tlie abone clescribec�Iancl be a clry hole, then, nnd in that event, if a seeonc�well is not commenee�I on said Ianc�within twelve months
<br /> from the expiration of ihe Iast rental period for which rental has been paid, tliis lease shall terminate as to botl� parties, unless the Iessee on or before tTie expiration of
<br /> saicl twelve months shall resume tlie payment of rentals, in the same amount and in the same manner as hereinbefore provided. And it is agreed that upon the resumption
<br /> of the payment of rentals ns above providec�, that the last preceding paragrap�i hereof governing the payment of rentals anc� t�e effect fhereof, shall continue in force just
<br /> as tTiough, there hacl been no interuption in tTie rental payments, anc�if tl�e lessee shall commence to c�rill a well witl�in tlie term of this lense or any extension thereof, tlte
<br /> lessee shall have the right to drill sucli well to completion with reasonable diligence and dispatch, and if oil or gas, or eitlier of tliem, be found in paying quantities, this
<br /> Iease shall continue and be in force with tl�e like ef fect as if such well hacl been completed witTiin the term of years first mentioned.
<br /> If said lessor owns a less interest in the above described land than the entire and undivicled f ee simple estate therein, then the royalties and rentals l�erein provided
<br /> for sha1l be paid the said lessor only in the proportion whicl� Iessor's interest bears to tlie whole and undivided fee.
<br /> Lessee shall have the right to use, free of cost, gas, oil and water produced on said land for lessee's operations tl�ereon, except water from tlie wells of lessor.
<br /> When requested by Iessor, lessee shall bury Iessee's pipe lines below plow depth.
<br /> No well shall be drilled nearer than 20o feet to the house or barn now on said premises without written consent of lessor.
<br /> Lessee shQil pay }'or clamages causec� by lessee�s operations to growing crops on saicj lancl.
<br /> Lessee shall have the right at nny time to remove all machinery and f ixtures p lacec�on said premises, including the right to draw and remove casing.
<br /> If the estate of either party hereto is assignedr-and the privilege of assigning in whole or in part is expressly allowed•--the covenants hereof shall extend to their
<br /> �ieirs, executors, aclministrators,successors or assigns, but no change in the ownersFtip o f tTie Ianrl, or assignments of rental or royalties shall be binding on the lessee until
<br /> after t�ie lessee Iias been furnishec� with a written transfer or assignment or a true copy thereof; ancl it is hereby agreed tliat in tlie event this Iease shall be assignecl as to
<br /> a part or as to parts of the above described Iands and the assignee or assignees of sucl� part or parts shall fail or make default in the payment of the 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 shall make due payment of said rental. In case lessee assigns this lease, in wFtole or in part, lessee shnll be relievec�of alI obligations witFt respect to
<br /> t�ie assignecl portion or portions arising subsequent to the c�ate of assipnment.
<br /> All express or implied covenants of this Iease shall be subject to all Federal and State Laws, Executive Orders, Rules or Regulations, and tl�is Iease shall not be
<br /> terminatecl, in whole or in part, nor lessee helcl liable in c�amafles, for failure to comply therewith, if compliance is preventecl by, or if such failure is the result of, any
<br /> such Law, �rc�er, Rule or Regulation.
<br /> Lessor hereby warrants ancl agrees to def end the title to the Iands herein described, and agrees that the lessee shall liave the right at any time to redeem f or lessor,
<br /> by payment,anfr mortgages, taxes or other liens on tlte nbove c�eseribecl Iands, in the event of clefault of payment by lessor, and be subrograted to the rights of the holder
<br /> thereof, and tTie undersigned Iessors, for tliemselues and their heirs, successors, and assigns, hereby surrender and release alI right of docuer and homestead in the premises
<br /> described herein, insofar as said right of dower nnd �iomestead may in any way aff ect the purposes for which t/iis Iease is made, as recited herein.
<br /> IN TESTIMONY WHEREOF WE SIGN, Th�s the 27th dQy of January , ,942 .
<br /> W�tnesses: -------------------------------------------Fr..e-d.---Mi_e.zh-------------------------------�---------------------�-�--
<br /> G. C.Ra,ven Edna Mi eth
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<br /> Fr�nk A.Mieth
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<br /> Verle Mieth
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