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<br /> B -I- OIL AND GAS LEASE � ? �
<br /> Form 88�(Producers) (NEBRASKA)
<br /> 21282—The Augustine Co., County Supplies, Grand Island, Nebr. I
<br /> FROM THE STATE OF NEBRASKA '
<br /> ss. .
<br /> Fred Stoltenber� & w�fe Ha�?1 County.
<br /> 1 liereby certify that this instrument was entered on Numerical Index, and filed
<br /> f or recorcl this 6 day o f ,pjU U S t 19 �}.2 •
<br /> TO at 1:�0 o'clook P. M. �J���_�
<br /> Register of�
<br />, Joe j'J'Y'1gh� Deputy.
<br /> � Fees, $ 2 �Q
<br /> • J
<br /> Commence
<br /> AGREEMENT, Made and entered into tTiis �211(� day o( January . 19 �-2 > by and between
<br /> Fred Stoltenberg & Emma Stoltenberg, (Husband � WiPe)
<br /> Party of the first part,hereinafter called lessor(whet�er one or more)and
<br /> Joe Wright Party of the second part, hereinafter called Iessee,
<br /> WITNESSETH, That the said lessor, for and in consideration of 0118 — — — — — — — — — — — — — — — — — — — — — — �LLARS,
<br /> cash in hand paid, receipt of which is liereby aclznowledged, and of tl�e covenants and agreements �ereinafter contained on the 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 let unto said lessee,for the sole ancl only purpose of mining and operating
<br /> for oil and gas, ancl Iaying pipe lines, anc� builcling tanks, power stations and structures thereon to produce,save and talze care of said products,aIl that certain tract of Tand
<br /> situated in tlie County of Hall State of NEBRASKA described as follows, to-wit:
<br /> N.E.� of Sec. 26 ana the S. E. of S. E. of Section 23 - Twp 12 N. Range 11 West
<br /> �
<br /> ntainin acres, more or less.
<br /> n e
<br /> and co a'6�
<br /> o Section Townshi ]„2 �j Ra g 11 TPj 9 2��
<br /> f
<br /> A
<br /> It is agreed that this lease shall remain in f uIl f orce f or a term o f t en years f rom this date, and as long thereaf ter as oil or gas, or �`
<br /> either of them, is produced from said land by the Iessee. }�
<br /> In consideration of tl�e premises the said lessee coUenants and agrees: �
<br /> tst. To deliver to the credit of lessor, free of cost, in the pipe line to whicTi he may connect his wells, tlie equal one-eightli (�) part of all oiI procluced and saved �
<br /> f rom the leased premises. �
<br /> 2nd. To pay Iessor for gas from each well wTiere gas only is found the equal one-eighth (�/s) of the gross proceecls at tlie prevailing market rate, for all gas used of f �
<br /> the premises, said payments to be made mo n thl y
<br /> and lessor to have gas free of cost from any such well for aIl stoves and aII inside Iights in th,e principal dwelling Tiouse on said land during the same time by malzing his
<br /> own connections with tlie well at his own rislz and expense.
<br /> 3rd. Z'o pay lessor for gas proclucecl from any oiI well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth �
<br /> (�) o f t�e market value, at the mouth of the well, payable monthly at tT�e prevailing market price.
<br /> 1 f no well be commenced on said land on or be f ore the 1 S�', day o f Mc�.T'C� . t9 ).}.�} . this lease shall
<br /> terminate as to both parties, unless the lessee on or before that date shall pay or tender to the lessor,or to the lessor's credit in The �tate �3ank
<br /> Bank at Cairo, Nebr. or its successors. Wh��h ShalI continue �
<br /> as the clepository regardless of changes in the ownership of said land, the sum of �ZQ�. n� — — — — — — — — — — — — — — — DOLLARS,
<br /> which shall operate as a rental and cover the privilege o f def erring the commencement o f a well f or 1.2 months f rom said date. In Iilze manner and
<br /> upon like payments or tenders the commencement o f a well may be f urther def erred f or like periocls o f the same number o f montlis successively. AII such payments or
<br /> tenclers of rentals may 6e made by check or draft of lessee or any assignee thereof, mailed or delivered on or before the rental paying date, either clirect to lessor or assigns
<br /> or to said depository banlz. Ancl it is understood and agreed that the consideration f irst recited herein, the down payment, covers not only tlie privileges granted to tl�e
<br /> clate wlien said first rental is payable as aforesaid, but also the lessee's option of extencling that periocl as aforesaid, and any and aII other rights eonferred. �
<br /> Should the f irst well drilled on the above described land be a dry hole, then, anc�in that event, if a second well is not commenced on said land within twelve months �
<br /> from the expiration of the last rental period for which rental has been paid, this lease shall terminate as to botl� parties, unless the lessee on or before the expiration of
<br /> said twelve months 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 tlie last preceding paragraph hereof, governing the payment of rentals and the effect thereof, shall continue in .
<br /> force just as though there had been no interruption in t1�e rental payments.
<br /> 1 f said lessor owns a less interest in tl�e above describecI Iand than the entire anc� undivided f ee simple estate tlierein, tlien the royalties and rentals herein provided �
<br /> shall be pnid tl�e lessor only in the proportion which his interest bears to the whole and undivided f ee. �
<br /> Lessee shall have the right to use, free of cost, gas, oil, and water produced on said land for its operation thereon, except water from wells of lessor. .
<br /> When requested by Iessor, lessee shall bury his pipe Iines below plow deptFt. � .
<br /> 1Vo wel� shall be drilled nearer than 20o feet to the house or barn now on said premises, without the written consent of the lessor.
<br /> I.essee shall pay for clamages caused by its operation to growing crops on saicl lancl.
<br /> Lessee shall hane the right at any time to remove alI machinery and fixtures placed on said premises, including the right to draw and remove casing.
<br /> I f the lessee shall commence to drill a well within the term o f this lease or any e xtension thereo f, the lessee shall have the right to drill such well to completion with
<br /> reasonable cliligence ancl c�ispatch, anc� i f oil or gas, or either o f them, be f ounc� in paying quantities, this lease shall continue anc� be in f orce witjt the like ef f ect as if
<br /> sucl� well had been completed within the term of years herein first mentioned.
<br /> If the estate of either party hereto is assigned, and the privilege of assigning in whole or in part is expressly allocued, the covenants hereof shall extend to their �V
<br /> heirs, executors, administrators, successors or assigns, but no change in the ownership of the land or assignment of rentals or royalties shall be binding on tlie Iessee until �
<br /> af ter the lessee has been f urnished with a written transf er or assignment or a true eopy thereof; anc� it is hereby agreed in the event this lease sliall be assignecl as to a
<br /> part or as to parts of the above d'escribed Iands and the assignee or assignees of such part or parts sl�all fail or ma/ze default in the payment of the proportionate part of �
<br /> the rents due from him or them on an acreage basis, such default shall not operate to defeat or affect this lease in so far as it covers a part or parts of said lands upon
<br /> which the saic� Iessee or any assignee thereof shall make due payments of said rentals. If the leased premises are now or hereafter owned in severalty or fn separate tracts, �
<br /> the premises, neL�ertlieless, may be clevelopecl anc� operated as an entirety, ancl the royalties shal� be paicl to eaeh. separate owner in tFie proportion that tlie aereage owned �
<br /> by him bears to the entire. Ieased area. There shall be no obligation on the part of the lessee to offset wells on separate tracts into whic� the land covered by this lease �
<br /> may hereaf ter be clivided by sale, devise, or otherwise, or to f urnish separate measuring or receiving tanks f or th,e oil produced f rom sucTi separate tracts.
<br /> Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the lessee shall have the right at any time to redeem for lessor by
<br /> payment, any mortgages, taxes or other liens on the above described lands, in the event of default of payment by lessor, and be subrogated to the rights of t�e h,older
<br /> thereo f.
<br /> -----------------------------------------------------E'�'�cl---S to-�-���he��..---.._----....------------(S�AL)
<br /> Signed, sealed and delivered in presence of ----------------------------------------------------Ernma-.-Sta-].���x�ber-�----------------------------(SEAL)
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