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• � <br /> B -� OIL AND GAS LEASE �P <br /> Form 88.-,(Producers) (NEBRASKA) <br /> 21262—The Augusrine Co., County SuPpliea, Grand Island, Nebr. I <br /> �pM THE STATE OF NEBRASKA <br /> Ss. �Q <br /> Elizabeth �indnagel, widow Ha.11 County, <br /> I Iiereby certif y that tliis instrument was enterecl on Numerical IncIex, and f�led <br /> for record this 6 day of AUgUSti � lg 42 , , <br /> TO at 1; 3 p o'�Iook p��. ���e��L <br /> Register'�ds. , <br /> J 0 e Wlfi 1 gh t Deputy. <br /> � Fees, $ 2. �Q <br />, Commence � �\, <br /> 6 t,Y1 day of Jan. . iq�2 , by and between � w <br /> AGRE$NIENT, Made and entered into this ,�� <br /> Eli7abeth Windna�, a widow � �i <br /> �� <br /> � <br /> � � <br /> Party of the first part,hereinafter called lessor(w�iether one or more)and � W <br /> J02 Wright _ ._ _ _ ._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - p�.t y of the second part, hereinafter called lessee, <br /> �1I7'1VESSETH, That the said lessor, for ancl in consic�eration of 0112 — -- — — — — — — — — — — — — — — — — — — DOLLARS, <br /> cash in hancl paid, receipt of whtch is hereby aclznowledged, and of the covenants and agreements Tiereinafter contained on the part of lessee to be paid, kept, ancl per- <br /> formecl, h.as granted, demised, leased and let and by these presents does grant, demise, lease and Iet unto said lessee,for the sole ancl only purpose of mining ancl operafing <br /> for oil ancl gas, and laying pipe lines, antl building tanlzs, power stations and structures thereon to produce,save and take care of said products, all that certain tract of land <br /> situated in the County of Hc`1.1.1 State of NEBRASKA described as follows, to-wit: <br /> West Half of South West Quarter, Section 1�; <br /> & N.E. }� of S.E. � of Sec. 15; <br /> of Section Township 12 N Range ].]. �� and containing 120 acres, more or less. <br /> It is agreed that tTiis lease sl�all remain in f ull f orce f or a term of �-,�n years f rom tTiis clate, and as long thereaf ter as oil or gas, or <br /> either of them, is proclucec� from said Iand by the 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 Tine to whic�. he may connect Tiis wells, the equal one-eightl� (1/s) part of alI oiI produced and savecl <br /> f rom the leased premises. <br /> 2nd. To pay Iessor for gas from each well where gas only is found the equal one-eiglith (%s) of the gross proceeds at the prevailing marizet rate, for alI gas used of f <br /> the premises, said payments to be made monthly <br /> and Iessor to have gas free of cost from any such well for aIl stoves and aIl inside lights in tFie principal dwelling house on said land during the same time by making Tiis <br /> own connections with the well at his own rislz and expense. <br /> 3rcl. To pay lessor for gas produced from any oiI well and used of f the premises or in the manufacture of gasoline or any otTier product a royalty of one-eighth <br /> (1/s) of the market value, at the mouth of the well, payable monthly at the prevailing marizet price. <br />, 1 f no well be commenced on said land on or be f ore the 18 t'. day o f Mar eh , t9�}�. , this Iease shall <br /> terminate as to both parties, unless the Iessee on or before thnt date shall pay or tender to t1�e lessor, or to tl�e lessor's credit in The State Bank 0� Cairo <br /> ' Bank at Cairo Nebr. or its successors, .�h��h g6gI1 continue <br /> as tlie clepository regarclless of ehanges in the ownership of said land, tl�e sum of �6Q.QQ — — — — — — — — — — — — — — — —DOLLARS, <br /> wliich shall operate as a rental and cover the privilege o f def erring the commencement o f a well f or 12 months f rom said date. In Iike manner and <br /> upon like payments or tenders the commencement of a well may be furtl�er deferred for Iike periods of the same number of months successively. All such payments or <br /> tenders of rentals may be made by checlz or draft of Iessee or any assignee thereof, mailec� or cleliverecl on or before the rental paying date, eitlier direct to lessor or assigns <br /> or to said depository bank. And it is understood and agreed that the consideration f irst recited herein, the down payment, covers not only the privileges granted to the <br /> c�ate when saicl first rental is payable as aforesaid, but also the Iessee's option of extending that period as aforesaid, and any and aII otTier rights eonferred. <br />'! Should the first well drilled on the above described land be a dry hole, then, and in that event, if a second well is not commenced on said Iand within twelve months <br />� from the expiration of the last rental period for which rental has been paid, this lease shall terminate as to both parties, unless the lessee on or before the expiration of <br />� saicl twelve trtonths shall resume the payment o f rentals in the same amount and in the same manner as hereinbe f ore provided. And it is agreed that upon the resump- <br />� tion of the payment of rentals, as above provided, that t�e Iast preceding paragraph hereof, governing the payment of rentals and the effect tTiereof, sliall continue in <br /> force just as though there had been no interruption in the rental payments. <br /> If said lessor owns a less interest in the above described land than the entire and undivided f ee simple estate therein, then the royalties and rentals herein provided <br /> shall be paid the Iessor only in the proportion which his interest bears to the whole and undivided fee. <br /> Lessee shall have the right to use, free of cost, gas, oil, and water produced on said Iand for its operation thereon, except water from wells of Iessor. <br /> When requested by Iessor, lessee sliall bury Iiis 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 the written consent of the lessor. <br /> Lessee shall pay f or c�amages causec� by its operation to growing erops on saicl Zancl. <br /> Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing. <br /> If the Iessee shall commence to drill a well within the term of this lease or any extension thereof, tlie lessee shall have the right to clrill such well to completion with. <br /> , reasonable diligence anrl clispatcTi, and if oil or gas, or either of them, be found in paying quantities, this lease shall continue and be in force with tlie lilze effect as if <br /> sucTi well liad been completecl within the term o f years lierein f irst mentioned. <br /> If the estate of either party hereto is assigned, and the privilege of assigning in whole or in part is expressly alloioed, th,e covenants hereof sha[l extend to their <br /> heirs, executors, administrators, successors or assigns, but no change in t�ie ownership of the lanc� or assignment of rentals or royalties shall be binding on tlie lessee until <br /> after the lessee has been furnished with a written transfer or assignment or a true copy thereof; anc� it is hereby agreed in the event this lease shall be assigned as to a <br /> part or as to parts of the above described lands and the assignee or assignees of such part or parts sliall fail or malze default in the payment of the proportionate part of <br /> tlie rents due from him or them on an acreage basis, sucl� default sliall not operate to defeat or af fect this lease in so far as it covers a part or parts of said lands upon <br /> which the said lessee or any assignee thereof shall make due payments of said rentals. If the leased premises are now or hereafter owned in severalty or in separate tracts, <br /> tl�e premises. nei�ertheless, mny be clevelopecl and operated as an entirety, and th,e royalties shall be paid to eacTi separate owner in the proportion that the acreage owned <br /> by him bears to the entire, leased area. There s/iall be no obligation on the part of tlie lessee to of fset wells on separate tracts into whicli the land covered by this lease <br /> may hereafter be divided by sale, clevise, or otherwise, or to furnish separate measuring or receiving tanks for the oil produced from such separate tracts. <br /> Lessor hereby warrants and agrees to defend the title to the lands lierein described, and agrees that the lessee shall have the rigl�t at any time to redeem for lessor by <br /> payment, any mortgages, taxes or otl�er liens on the above described lands, in tlie event of de{ault of payment by lessor, and be subrogated to tFie rigT�ts of the holder <br />�I • thereof. <br />�� ------------------------------------�-------Eliz,ab_e�n_..W�indnagsy-..------------------._....�SEAL) <br /> Signecl, sealed and delivered in presence of -----------------------------------------------------------------------------------------------------------------------------�------(SEAL) <br />� --------------------(SEAL) <br />' -------------------------------------------�-----------------------------------------------......--------------- <br /> fC. 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