OIL AND GAS LEASE � � �
<br /> Containing tqoo Printed Words
<br /> Producers 88 Special F.L.B. i-q2
<br /> �1697—The Augustlne Co., County Suppltes, Grand Island, Nebr.
<br /> FROM 'I'HE STATE OF NEBRASKA
<br /> ss.
<br /> H�1�- County,
<br /> Ruth Ba.chkora & husband
<br /> I hereby certif y that this instrument was entered on Numerical Index, and f iled
<br /> TO f or record this 2 3 day of Niar ch �9 42 ,
<br /> at �j: �Q o'c[ock P M. �„c�d�
<br /> e7.A.Ro�aland Register o/�.
<br /> Deputy.
<br /> � Fees, S 2. 3�j
<br /> AGREEMENT, l�'lade and entered into the 27t�1 daY of January . 19 42
<br /> by and between R�ath B�chkora a.nd Amel i3achkora., her husband
<br /> of Cairo, Nebraska hereinafter called lessor (wliether one or more), and
<br /> c7.A.Ro��rl a n d� — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — hereinaf ter called Iessee:
<br /> WITNESSETH: Tl�at t�ie said lessor, for and in consideration of �ri2 & No/100 - - - - - - - - - - - - - - - - Dollars,
<br /> cash. in h.and paid, the receipt of wl�ich is hereby aclznowledged, and of the covenants and agreements hereinafter contained on part of lessee to be paid, Izept ancl per-
<br /> f ormed, has granted, demised, Ieased and let and by these presents does grant, demise, lease and let unto the saicl lessee f or the sole and only purpose of exploring by
<br /> ' geophysical and other methocls,mining and operating for oiI ancl gas and of laying of pipe�ines,and of building tanks,powers,stations and structures tTiereon to produce,save
<br /> nnd take care of said products, all that certain tract of land situate in the County of H<'�1.1 State of NP.bT'a Skc'�, described
<br /> as follows, to-wit:
<br /> All of SPCtion Ei�hteen (l�) a.nd the Soutn One Hundred Acres �1CJ0) of' tY�e Soutn West Quarter �
<br /> of Section Seventeen (17)
<br /> � ,
<br /> �
<br /> of Section 5 l� & l�ownship Z.� �. Range l� W. and containing 7��� acres, more or less. It is agreed that t1�is lease shall remain in force
<br /> f or a term of t 821 years f rom this date, and as long tlieren f ter as oil or gas or eitlier o f tltem is protlucec�f rom said land by lessee.
<br /> In consic�eration of tlie premises the said Iessee covenants and agrees:
<br /> tst. To cleliver to tlie credit of lessor, free of cost, in tTie pipe line to which lessee may connect wells on said land, the equal one-eightli part of all oil produced and �
<br /> . snved f rom the leased premises. �
<br /> 2nd. To pay Iessor one-eighth (1/s) of the gross proceeds each year, payable quarterly, for the gas from each well wliere gas only is found, wTiile tlie same is being
<br /> used off tlie premises, and if used in t1�e manufncture of gasoline a royalty of one-eig�tl� ('/s), payable montlily at the prevailing market rate for gas; and lessor to Tiave
<br /> gas free of cost from any such well for all stoves nnd all inside lic�hts in tTie principal dwelling on said land during the same time, by mnking lessor's own connections witli
<br />� the well at lessor�s own risk and expense. �
<br /> grd. 7'o pay lessor for gas producec� from nny oiI weTl and used off the premises or in the manufacture of gasoline or any other proc�uct a royalty of one-eight� �
<br /> ('/s) of the proceeds, at the mouth of tl�e well, payable montl�Iy at the prevailing marizet rate. �
<br /> , If no well be commenced on said land on or before tl�e �7th day of J�.11Uc'�T'y iq 4?j , this lease shall terminate
<br /> as to both parties, unless the lessee shall on or be f ore that clate pay or tencler to the le ssor or to the lessor's crec�it in the St a t e Ba.nk O f �"ic`]j.T'O
<br /> Bank at C�.iro �B�JT'c'�- Sti� , or its successors> which shall continue as the depository regardless of changes in the ownership of said land, the sum
<br /> �
<br /> of One Ht�ndred Forty Eight & No/100 - - - - - - dollars, wF�ic� shall opernte as a rental and cover tlie privilege of de{�erring tlie
<br /> commencement of a well for twelve montlis from saic�clate. In like mnnner ancl upon like payments or tenclers> the commencement of a well may be furt�ier
<br /> deferred for like periods of the same number of months successively. AllQ it is understood ancl agreed that t�e consideration first recited Iierein, the down payment, covers
<br /> not only the privilege granted to the date when said first rental is payable as aforesaic�, but also the lessee's option of extending that period as aforesaid, and any and all
<br /> ot�ier rights conferrecl.
<br /> Should the f irst well drilled on the above described land be a dry hole, then, and in thnt event, if a second well is not commenced on said land witliin twelve months
<br /> from the expiration of the last rental period for wFticli rentnl has been paicI, this lease shall terminate as to both parties, unless the Iessee on or before the e�cpiration of
<br /> saicl twelve months shall resume the payment of rentals, in tTie same amount and in tTie same manner as hereinbefore provided. And it is agreed that upon t�ie resamption
<br /> of the payment of rentals as above provided, that the Iast preceding paragraph hereof governing the pnyment of rentals and the effect thereof, shall continue in force just
<br /> as tTiouglti tliere hacl been no interuption in tTie rental payments, ancl if the lessee shall commence to clrill a well witliin the term of this lease or any extension thereoF, the
<br /> Iessee shall liave the right to clrill sueh well to eompletion witli reasonable cliligence ancl clispateTi, ancl if oil or gas, or either of them, be founcl in paying quantities, this
<br /> lease shall continue and be in force with the lilze ef fect as if sucl� well had been completed witliin the term of years first mentioned.
<br /> 1 f saicl lessor owns a Iess interest in the nbooe clescribecl Ianc�tlian the entire ancl undivictecl f ee simple estate therein, then tlie royalties ancl rentals herein provicled
<br /> for shall be paid the said Iessor only in the proportion which Iessor's interest bears to the whole and undivided fee.
<br /> Lessee shall Tiave the right to use, free of cost, gas, oil and water produced on said land for Iessee's operations thereon, except water from the wells of lessor.
<br /> W�ien requested by lessor, lessee shall bury lessee's pipe Iines below plow depth.
<br /> lVo well shall be drillecl nearer than 20o feet to t�ie house or barn now on saicl premises without written eonsent of lessor.
<br /> Lessee shali pay for clamages eausecl by lessee's operations to growing erops on saic� lant�.
<br /> Lessee shall have the right at any time to remove all machinery and fixtures placec�on saicl premises, incluc�ing the right to clra.w and remove casing.
<br /> If the estate of either party hereto is assigned�ancl the privilege of assigning in whole or in part is expressly allowe�I.-.the couennnts hereof shnll extend to tl�eir
<br /> �ieirs, executors, ac�ministrators,successors or assigns, but no change in the owners�iip o f the lancl, or assignments of rental or roynities sliall be binding on the lessee until
<br /> after the lessee has been furnished with a written fransfer or assignment or a true copy thereof; and it is hereby agreed tl�at in the event tl�is Iease shall be assigned as to
<br /> • a part or as to parts of the above described lands and the assignee or assignees of such part or parts shall fai� or make default in the payment of the proportionate part of
<br /> the rents due from him or them, such clefault shnll not operate to defeat or af fect this lease in so far as it covers a part or parts of said lands upon which tTie said Iessee or
<br /> • any assignee thereof shall make clue payment of saic� rental. In case lessee assigns this lease, in wliole or in part, lessee shall be relievec�of all obligations with respeet to
<br /> the assignecl portion or portions arising subsequent to the c�ate of assignment.
<br /> f�ll express or impliecl eovenants of this lease shall be subjeet to aII Fecleral uncl State Laws, �xecutive Orclers, Rules or Regulations, ancl t�iis lease slinll not be
<br /> � terminate�, in whole or in part, nor Iessee helcI Iiable in clamac�es, for failure to comply tlterewith, if compliance is preventec� by> or if such failure is the result of, any
<br /> suc1� Law, Order, Rule or Regulation.
<br /> Lessor �ereby warrants ancl agrees to cTefenct the title to the lands herein describec�, ancl agrees t�at the lessee shall have the right at any time to redeem for lessor,
<br /> by payment, an�mortgages, taxes or other liens on the above described lands, in the event of default of payment by lessor, and be subrograted to tjte rights of the liolder
<br /> ,, t�iereof, anc� the unc�ersignecl lessors, for themselues ancl their heirs, successors, anc� assigns, hereby surrencler ancl release all right of clower and homesteac� in the premises
<br /> clescribec� herein, insofar as saict right of clower anc� homesteac� may in any way af f ect the purposes for which this Lease is mac�e, as recitecl herein.
<br /> IN TESTII�IONY WHEREOF WE SIGN, Th�s the 27th day oJ January , ,9 �+2 •
<br /> ---------------------------------------------------Ruth__�a�hko_ra.--------------
<br /> witnesses: .----
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