� �9
<br /> OIL AND GAS LEASE
<br /> Containing iqoo Printed Words
<br /> Producers 88 Special F.L.B. i-q2
<br /> 14 21687—The Augustine Co., County Supplies, Grand Island, Nebr.
<br /> FROM THE STATE OF NEBRASKA
<br /> ss.
<br /> Sylvia D.3urry and husband Ha11 County,
<br /> I hereby certify tliat this instrument was eritered on Numerical Index, and filed
<br /> TO
<br /> for record t�iis � day of April �ig ��,
<br /> at 11: 3Q o'clock A, M. ��.�
<br /> J.A.Rowland r`"� Register of�
<br /> Deputy.
<br /> Fees, � 2��Q
<br /> AGREEMENT, Made and enterecl into the 211C� day of February , tg �2 .
<br /> by and between Sylvia D.Burry and Joe Burry, her husband,
<br /> °f �"iA�z'0� Nebraska hereinafter called Iessor (whether one or more), and
<br /> cT',a�.Rowland - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - hereinafter called lessee:
<br /> WITNESSETH: That the said lessor, for and in consideration of Qn@ & j�0�].QQ - - - - - - - - - - - - - - - - - Dollars,
<br /> cash. in hand pnid, the receipt of wTiich is hereby aclznowledged, and of the couenants and agreements hereinafter contained on part of lessee to be paid, kept and per-
<br /> formed, has granted, demised, leased and let and by these presents does grant, demise, lease and let unto the said lessee for the sole and only purpose of exploring by
<br /> �eophysical and other methods,mining and operating for oil and gas and of[aying of pipe lines,and of building tanks,powers,stations and structures thereon to produce,save
<br /> and take care of said products, nll that certain tract of land situate in the County of Hall State of Nebraska described �
<br /> as follows, to-wit: �
<br /> The South Half (SS�--) of the North East Quarter (NE4) �
<br /> � '
<br /> �
<br /> . . . . . �
<br /> o f Section �l Township 12 N. Range 12 �. and contammg �� acres, more or Iess. It is agreed that this lease shall remain in f orce
<br /> f or a term o f t en years f rom this date, and as �ong tlieren f ter as oil or gas or eitlier o f them is produced f rom saicl Iand by Iessee. �
<br /> In consideration of the premises the said lessee covenants and agrees: �
<br /> tst. To cl`eliver to the credit of lessor, free of cost, in the pipe line to which lessee mny connect wells on said land, the equal one-eighth pnrt of aII oiI proc�ucecl anrl
<br /> snved from tl�e leased premises.
<br /> �nd. To pay lessor one-eig�t�i (1/s� of the 9ross proceeds eac�i year, payable quarterly, for the gas from eac� well where gas only is founc�, while the same is being
<br /> usecl off t�ie premises, ancl if used in the manufaeture of gasoline a royalty of one-eig�t� (1/s�, payable montl�Iy at the prevailing market rate for gas; and lessor to �ave �
<br /> V
<br /> gas free of cost from any such well for all stoves and all inside lights in the principal clwelling on said land during the same time, by making lessor's own connections witTi o0
<br /> the well at lessor's own rislz and expense.
<br /> grc�. 7'o pay lessor for gas proclueec� from any oil well ancl usecl of f the premises or in the manufaeture of gasoline or any other proc�uct a royalty of one-eighth
<br /> �1/s� of the proceec�s, at the mouth of the well, payable monthly at the prevniling market rate.
<br /> If no well be commenced on said land on or before the 2nd dny af February ig ��j , tliis Iense shall terminate
<br /> as to both parties, unless the lessee shall on or before t1�at date pay or tender to the lessor or to the lessor's credit in the $t,ate Bank of Cairo
<br /> Bank at f�"��rO q. �E'�jX+agka: _ _rw'_its successors, wh�ch s�i-ll continue as t�e clepository regardless of changes in the ownership of saic�larzct, the sum
<br /> of s1Xt'iE9223 & No/100 ----- clollars, wliich shall operate as a rental and cover tlie privilege of deferring the
<br /> commeneement of a well for twelve months from saicl c�ate. In lilze manner anct upon li�e payments or tenc�ers, the eommeneement of a well may be further
<br /> cleferred for like periocls of the same number of montl�s successively. And it is understood and agreed that the consideration first recited herein> the down payment, covers
<br /> not only the privilege grantecl to tTie dnte wTien said first rentnl is payable as nforesaic�, but also the lessee's option of extending tliat period as aforesaid, and any and nll
<br /> other rights conferred.
<br /> Shoulc� the f irst well c�rillecl on the above clescribecl Iand be a clry hole, then, anc�in thnt event, if a second well is not commeneecl on said land within twelve months
<br /> from the expiration of the last rental periocl for w�ich rental has been paicl, this lease shall terminate as to bot�i parties, unless the lessee on or before the expiration of
<br /> saic� twelve months shall resume the payment of rentnls, in the same amount ancl in the same manner as hereinbefore provicZecl. An�I it is agreec�that upon tjte resumption
<br /> of tTie payment of rentals ns above provided, that the Iast prececling paragrapTi Tiereof governing the payment of rentals and the effect thereof, shall continue in force just
<br /> as though there hacl been no interuption in the rental payments, anc�if the lessee shall commence to clrill a well within the term of this lease or any extension t{tereof, the
<br /> Iessee shall have tlie right to drill such well to completion with reasonable diligence and dispatcli, and if oil or gns, or either of them, be founcl in paying quantities, this
<br /> �ease shall continue ancl be in force witlt tjte lilze ef fect as if sucTi well had been completed within t�e term of years first mentionecl.
<br /> I f said lessor owns a less interest in the above described Iand than tl�e entire and undivided {ee simple estate therein, then the royalties and rentals herein provided
<br /> for shall be paid the saicl lessor only in the proportion wliich Iessor's interest benrs to the whoTe 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 thereon, except water from the wells of lessor.
<br /> When requested by Iessor, lessee shall bury Iessee's pipe Iines below plow depth.
<br /> No well shall be clrilled nearer than 20o feet to the house or barn now on said premises without written consent of lessor.
<br /> Lessee shall pay for clamages caused by lessee's operations to growing crops on snid lanc�.
<br /> Lessee shall have the right at any time to remove all mac�inery and fixtures placec�on saicl premises, incluc�ing the right to clra.w ant�remove casing.
<br /> If the estate of eitTier party Iiereto is assignec�.—�ancl the privilege of assigning in whole or in part is expressly allowecl.--the covennnts hereof s�all extencl to their
<br /> heirs> executors, aclministrators,successors or assigns, but no change in the ownership o f the Iancl, or assic�nments of rental or royalties sliall be binc�ing on the lessee until
<br /> af ter the lessee has been f urnished with a written transf er or assignment or a true co py thereof; and it is herehy agreed t�tat in t�ie event this lease shall be assigned as to
<br /> a part or as to parts of the above cleseribec�Iands ancl the assignee or assignees of such part or parts shall fail or make c�efault in t�te payment of the proportionate part of
<br /> the rents clue from him or them, such default shall not operate to defeat or af fect this Iease in so far as it covers a part or parts of said Iands upon which,the said lessee or
<br /> any nssignee thereof s1inll malze due payment of saic� rental. In case lessee assigns this lease, in whole or in part, lessee shnll be relievec�of all obligations with respeet to
<br /> t�ie assignec� portion or portions arising subsequent to the t�ate of assignment.
<br /> All express or impliec� covenants of tliis lease shall be subject to aII Fec�eral anc� State Laws, Executive �rclers, Rules or Regulations, anc� this lease shall not be
<br /> terminated, in whole or in part, nor lessee held Iiable in dnmages, for failure to comply tl�erewitli, if compliance is prevented by, or if such failure is the result of, any
<br /> such. Law, �rcler, Rule or Regulation.
<br /> Lessor Ttereby warrants anc� agrees to c�efencl the title to the lands herein deseribed, ancl agrees that the lessee shall have t�e right at any time to recteem for lessor,
<br /> by payment, anc� mortgages, taxes or other liens on the above cleseribecl It�ncls, in the event of c�efault of payment by lessor, and be subrogratec� to t�e rights of the holcler
<br /> thereof, ancl the unc�ersignec� lessors> for themselues anc�their heirs, suceessors, anc�assigns, hereby surrenc�er ancl release all right of c�ower anc� homesteacl in the premises
<br />' described herein, insofar as snid riyht of dower nnd liomestead may in any way nf f ect the purposes for which this Iease is made,as recited herein.
<br /> I IN TESTIMONY WHEREOF WE SIGN, This the �trl dav of April , ig �2 .
<br /> Witnesses: �----------------------------------------------------------------'-�..Y�-V�-�:---D._Burry--------------�-------�--��
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