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OIL AND GAS LEASE ��� �
<br /> Containing i400 Printed Words
<br /> Producers 88 Special F.L.B. t-4z
<br /> 21f337—The Augustine Co., County Supplies, Grand Island, Nebr.
<br /> FROM THE STATE OF NEBRASKA
<br /> ss.
<br /> Everett S.Mieth et al Ha11 County,
<br /> 1 hereby certify tl�at tliis instrument was entered on Numerical Index, and filed
<br /> TO for record tliis 2�j clay of March � ig�2 ,
<br /> at �j;0 p a'olock p, M.
<br /> J. A.Ro!aland Re9zster of Dee s.
<br /> r`'� Deputy.
<br /> Fees, $ 2. 2�
<br /> r1GREBMENT, Made and entered into the • 27tY1 day of January , tg �'2
<br /> by and between Everett S.Mieth and Augusta C.Mieth h.�s �aife, and N�thalie A.Rolofson and L. O.
<br /> Rolofson hPr husband
<br /> of Ca.iro, Nebraska hereinafter called lessor (whether one or more), and
<br /> J.�1.Ro wl a n d — — — — — — — — — — — — — — — — — — — — — — — — — — — — — hereinaf ter called Iessee:
<br /> WITNBSSETH: That the said lessor,for and in consideration of One & No�100 — — — — — — — — — — — — — — — — — — Dollars,
<br /> cash in hand paid, tl�e receipt of whicTi is hereby acknowledged, and of fl�e covenants and agreements hereinafter contained on part of lessee to be paid, kept and per-
<br /> f ormed, lias granted, demised, leased and let and by tliese presents does grant, demise, lease and let unto the said lessee f or the sole and only purpose o f exploring by
<br /> geophysical ancl other methods,mining and operating f or oil ancl gas and of laying of pipe lines,and of building tanFts,powers,stations and structures thereon to produce,save
<br /> nnd take care of said products, alI that certain tract of land situate in tlie County of HQ1.1 State of Nebraska described �
<br /> as follows, to-wit:
<br /> The North East Quar�er of �ection Nine (9) and all tlzat part of the Sauth East �uarter of
<br /> Section Nine (9) lying North o�' tne C. B.& Q.R.R.
<br /> � ,
<br /> �
<br /> of Section q Townsliip �..2 1� . . Range 1.� �`f. and containing 22� acres, more or less. It is agreed that this lease sliall remain in force
<br /> f or a term o f t en years f rom this date, and as long tlieren f ter as oil or gas or either o f t�em �s produ�ed from said land by Iessee. �
<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 which lessee may connect wells on said land, the equal one-eighth part of all oil produced and
<br /> saved f rom th,e leased premises.
<br /> 2nd. To pay lessor one-eig�th (1/s� of the ,yross proceeds each year, payable quarterly, for t�e gas from each well where gas only is founct, while the same is being
<br /> used off the premises, and if used in t�e manufacture of gasoline a royalty of one-eiglitl� (1/s), payable montl�ly at the prevailing market rate for gas; and lessor to have �
<br /> gas free of cost from any such well for all stoves and all inside lights in the principal clwelTing on said land during the same time, by making lessor's own connections with v
<br /> the well at lessor's own risFz and expense. �
<br /> grd. To pay lessor for gas produced from any oiI well and used of f the premises or iri the manufncture of gasoline or any other product n royalty of one-eighth
<br /> (i/s) o f t{te procee�Is> at the mouth o f the well, payable monthly at tl�e prevailing market rate.
<br /> If no well be commenced on said land on or before the �7tr1 day of Jarluary i9 ��j , this lease shall terminate
<br /> as to both parties, unless the lessee sliall on or before that clate pay or tencler to the lessor or to t�ie lessor's crec�it in the st',�';. tg Bank Of' Cairo
<br /> Bank at �c'��I'O� NP,b'_'flSl�Cc� , or its successors, whic� shall continue as the depository regarc�less of changes in the ownership of saicl land, the sum
<br /> of Forty Four 8c NO�1�� — — — — — — — — — — — — dollars, which shall operate as a rental and cover the privilege of deferring the
<br /> eommeneement of a well for twelve montlis from saicl clate. In like manner anct upon IiTze payments or tenc�ers, the eommencement of a well may be further
<br /> c�eferred for lilze periods of the same number of months successively. And it is understood and agreed that the consideration first recited herein, tlie down payment, covers
<br /> not only the privilege granted to the c�ate wherL saicl first rental is payable as aforesaic�, but also tlie lessee's option of extencling that perioc� as aforesaid, ancl any ancl all
<br /> ot�ier rights conferrecl.
<br /> Should the first well drilled on the above described Iand be a dry hole, then, and in that e�ent, if a second well is not commenced on said Innd witl�in twelve months
<br /> from the expiration of the last rental periocl for which rental has been paicl, this lease shall terminate as to both parties, unless the lessee on or before the expiration of
<br /> said twelve months shall resume tTie payment of rentaTs, in the same amount and in the same manner as hereinbefore provided. And it is agreed t�at upon the resumption
<br /> of the payment of rentals ns above provicled, that t�ie last preceding paragrap� hereof governing fhe payment of rentals anc� the effect t�ereof, shall continue in force just
<br /> as tTiough there had been no interuption in the rental payments, anct if the lessee sliall commence to clrill a well wit{tin the term of tjtis lease or any extension tjeereof, the
<br /> Iessee slial� have the right to clrill such well to completion with reasonable diligence and dispatch, nnd if oil or gas, or either of them, be found in paying quantities, this
<br /> lense sTiall continue ancl be in force with the like ef fect as if such well Iiacl been completecl wit�iin tl�e term of years first mentioned.
<br /> If saic� lessor owns a less interest in tTie above cleseribecl Ianc�than the entire anc� unc�iviclet� fee simple estate therein, then the royalties ancl rentals Iierein proviclecl
<br /> for sFtall be paid the said Iessor only in the proportion which lessor's interest bears to the whole and undivided fee.
<br /> Lessee sTiall have the rigl�t to use, free of cost, gas, oil and water produced on saicl lancl for lessee's operations thereon, except water from the wells of lessor.
<br /> W1ien requested by lessor, lessee shall bury Iessee's pipe Iines below plow depth.
<br /> 1Vo well shall be c�rillec� nearer than 20o feet to the house or barn now on saicl premises without written consent of lessor.
<br /> I.essee shall pay for c�amages eausecl by lessee�s operations to growing crops on saicl lanc�.
<br /> Lessee shall have the riglit at any time to remove all mnchinery and fixtures placec�on said premises, including the rigl�t to clraw and remove casing.
<br /> If the estate of either party hereto is assignedr-nncl the privilege of assigning in whole or in pnrt is expressly allowed�tl�e covenants l�ereof shall extenc� to their
<br /> heirs> executors, ac�ministrators,successors or assigns, but no cTiange in the ownership of the land, or assignments of rental or royalties shall be binding on the lessee until
<br /> after tTie lessee l�as been furnished with a written transfer or assignment or a true copy thereof; and it is hereby agreed tliat in the event this lease shall be assigned as to
<br /> a part or as to parts of the above clescribed lancls ancl t�e assignee or assignees of such part or parts shall fail or make c�efault in the payment of the proportionate part of
<br /> the rents c�ue from him or them, such c�efault shall not operate to clefeat or af fect this �ease in so far as it covers a part or parts of said lands upon which tl�e said lessee or
<br /> any assignee thereof shall make due payment of said rental. In case lessee assigns this lease, in whole or in part, lessee shall be relieved of alI obligations with respect to
<br /> the assignec� portion or portions arising subsequent to the c�ate of assignment.
<br /> All express or impliec� eovenants of this lease shall be subject to all Fecleral anc� State Laws, �xecutive Orclers, Rules or Regulations, ancl this lease shall not be
<br /> terminatecr, in whole or in part, nor lessee helcl Iiable in c�amages, for fnilure to comply therewit�, if compliance is preventecl by, or if such failure is the result of, any
<br /> sucli Law, Orc�er, Rule or Regulation.
<br /> Lessor hereby warrants ancl agrees to clefen�l the title to tTie Iands lierein clescribecl, and agrees that tlte lessee shall have t�ie right at any time to recleem for lessor,
<br /> by payment, an�r mortgages, taxes or otlier liens on the above described lands, in the event of default of payment by lessor, and be subrograted to the rights of the holder
<br /> thereof, anc� the unclersignec� lessors, for themselues anc� their heirs, successors, anc�assigns, hereby surrenc�er anc� release all right of c�ower nnc� homesteac� in the premises
<br /> described herein, insofar as said riyht of dower and homestead mny in any wny nf f ect the purposes for which tliis lease is made,as recited herein.
<br /> IN TESTIMONY WHEREOF WE SIGN, ThLS the 27th day of Ja.nuary , ,9 �42 .
<br /> IWttnesses: -----------------------------------------------------------.EV G�'�t-t-----`-ar--..M1.e t h------------�-�------�--
<br /> -------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------Augu�.t_a.---C.._M�.�th----------- -- ------..
<br /> �-------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------�---------------N�.t_ha.]..i_e...A..Ro�..o_f��n------�----
<br /> L. O.Rolofson
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