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• =a �,»:. . <br /> B -I- OIL AND GAS LEASE <br /> Form 88.�(Producers) (NEBRASKA) <br /> 21282—The Augustine Co., County Supplies, Grand Island, Nebr. <br /> FROM THB STATE OF NEBRASKA <br /> ss. <br /> Jo���n Helzer & wife H�Zl County, <br /> 1 hereby certify tliat tl�is instrument was entered on Numerical Index, an`d' filecl <br /> for record this 6tY1 day of ALl�TU3ti iq`t2 , <br /> To at 1:;o o°�ro�k P. �. ��;�� <br /> Regisfer of Dee . <br /> Deputy: <br />, �TOE WT'�.�h� Fees, $ 2: �0 <br /> � <br /> �.'ommence <br /> AGREEMENT, Made and enterecl into this 1�j clay of January . tg 1�-2 , by and between <br /> John Helz er & Mary Helz er �HU�band & Wif e) ------- P�'ty of the first part,hereinafter called lessor(whether one or more)and <br /> cT O G Wr i gh t -- - — — — — — — — — — — — — — — — — — — — — — — Part31 o f the second part, hereinaf ter called Iessee, <br /> WITNESSETH, That the saic�lessor, for ancl in consicleration of ----one ---- DOLLARS, <br /> cash in hand paic�, receipt of whicF� is hereby aclznowledged, and of tl�e covenants and' agreements �ereinafter contained on the 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 said lessee,for the sole ancI only purpose of mining and operating <br /> f or oil ancl gas, ancl Iaying pipe lines, and bu�lding tanlzs, power stations and structures thereon to produce,save and talze care o f said products, all that certain tract o f land <br /> situatec�in t�e County of ha1� State of NEBRASKA �Iescribecl as follows, to-wit: <br /> North H�,lf of North West Quarter, Section 11; <br />� and South East QuArter of Section 10; <br /> of Section Township 12 N Ran9e 1-1- W and containing 2� acres, more or less. <br /> It is agreed tl�at this lease shall remain in f ulI f orce f or a term of t en years f rom tliis date, and as long thereaf ter as oil or gas, or <br /> either o f them, is produced f rom said Iand by tTie lessee. <br /> In consideration of the premises the said lessee covenants and agrees: <br /> tst. To deliver to the credit of lessor, free of cost, in the pipe line to wliich lie may connect h,is wells, the equal one-eigTith (lis) part of aIT oiI produced and saved <br /> f rom the Ieased premises. <br /> 2nd. To pay lessor for gas from each well wliere gas only is found the equal one-eighth (�/s) of the gross proceeds at the prevailing marTzet rate, for all gas used off <br /> the premises, said payments to be macle Monthly <br /> and lessor to have gas f ree o f cost f rom any such well f or all stoves and all inside lights in the principal dwelling house on said land during the same time by malzing his <br /> own connections with tlie well at Iiis own risk anc� expense. <br /> grd. To pay lessor for gas producecl from any oiI well and usecl of f the premises or in t�e manufacture of gasoline or any other proc�uct a royalfy of one-eig�ith <br /> ('/s) of tTie marizet vaTue, 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 bef ore the ],g� day of Mar eh . 19 �4 . this lease shall <br /> , terminate as to botTi parties, unless the lessee on or be f ore that date shall pay or tender to tlie Iessor, or to the lessor's credit in The S t a,t@ Bank O f �ia.j.r'O <br /> � Bank at C�iro, T'�ebr. ot its successors, which Shg1I continue <br /> as tlie depository regardless of changes in tlie ownership of said Iand, the sum of �1.2Q.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 7.2 months f rom said date. In Iike manner and <br /> , upon like payments or tenclers th.e commencement o f a well may be f urther def errec� f or like periods o f tlie same number o f months successively. AII such payments or <br /> , tenders of rentals may be maale by check or draft of lessee or any assignee thereof, mailed or clelivered on or before the rental paying date, either direct to lessor or assigns <br /> • or to said depository bank. And it is understood and agreed that the consicleration f irst recited herein, tT�e c�own payment, covers not only the privileges grantecl to t�e <br /> date when said first rental is payable as aforesaid, but also the lessee's option of extencling that period as aforesaid, and any and all other rights conferred. <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 land within twelve months <br /> from tlie expiration of the last rental period for which rental has been paid, tTiis Iease sh.all terminate as to both parties, unless the lessee on or before the expiration of <br /> said twelve months shall resume the payment of rentals in the same amount and in the same manner as hereinbefore provided. And it is agreed that upon t�ie resump- <br /> tion of the payment of rentals, as above prov2ded, that the last preceding paragraph hereof, governing the payment of rentals and the effect thereof, shall continue in <br /> force just as though t�ere hac� been no interruption in the rental payments. <br /> 1 f saicl lessor owns a less interest in tlte above deseribed Iand than the entire ancl undivided f ee simple estate therein, then the royalties ancl rentals herein provided <br /> shall be pciid the lessor only in the proportion whicl� his interest bears to the whole and undivided fee. <br /> Lessee shall have the riglit to use, free of cost, gas, oil, and water produced on said land for its operation thereon, except water from wells of Iessor. <br /> When requested by Iessor, lessee s1�all bury his 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 �essor. <br /> l.essee sTiall pay f or clamages eausec� by its operation to growing erops on saic� �anc�. <br /> Lessee shall have tlie right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remone casing. =� <br /> If the Iessee shall commence to clrill a well within t�ie term of this lease or any extension tliereof, the lessee shall haue the right to cTrill such well to completion wit�i <br /> reasonable diligence and dispatcli, and if oil or gas, or either of tTiem, be found in paying quantities, this lease shall continue anc� be in force witTi the IiFce effect as if <br /> such well had been completed within the term o f years herein f irst mentioned. <br /> If the estate of either party hereto is assigned, and tTie privilege of assigning in whole or in part is expressly alToc�ed, the covenants l�ereof shall extend to their <br /> heirs, executors, administrators, successors or assigns, but no change in tl�e ownership of the land or assignment of rentals or royalties shall be binding on the lessee until <br /> af ter tlte lessee lias been f urnished with a written transf er or assignment or a tru,e copy thereo f; ancl it is hereby agreed in the event this lease shall be assignecI as to a <br /> part or as to parts of tlie above described Iands and the assignee or assignees of such part or parts shall fail or make default in the payment of the proportionate part o{ <br />' the rents clue from h.im or them on an acreage basis, such default shall not operate to c�efeat 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 thereo f shall make due payments o f said rentals. If the leasec� premises are now or hereaf ter owned in severalty or in separate tracts, <br /> the premises, nec�ertl�eless, mny be cler�eloped and operated as an entirety, and the royalties shall be paid to each. separate owner in tlie proportion that tlie acreage ownecl <br /> by him bears to tlie entire Ieasec� area. There shall be no obligation on the part of the lessee to offset wells on separafe tracts into wliich tlie lancl covered by this lease <br /> ma herea ter be divided by sale, devise, or otherwise, or to f urnish separate measuring or receiving tanlzs f or tTie oil produced f rom such separate tracts. <br /> Y <br /> f <br /> Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Iessee shall have tF�e right at any time to redeem for lessor by <br /> payment,'any mortgages, taxes or other liens on the above deseribed lands, in the event of default of payment by lessor, anc� be subrogatecd to tlie righ.ts of the Itiolcler <br /> thereo�. <br /> ._----------�----------------------------------------�Tn'rl.n---H�l�.�r.----...------------------------�------....._(SBAL) <br /> � Signed, sealed and deliVered in presence of ____________________________________________________Mrs. John Helz_er._..________. ..._________�SEAL) <br /> ...........................�------- <br /> By John Helzer,Jr. <br /> -------- --------- ------------------ <br /> --------------------�------- ------... --------- ---------(SEAL) <br /> ---------------------�------.4r1._P._Lauri-t��en_---------------�-----------.._._....-�--------�---------------.... -----�-�-------.....---------------------._......._.Jo�xl.---H-�_��.er...----------�------------------------------(SEAL) <br /> �----------------------�--�-----------------------------------------�-----------------------------------------------....-------------...---- -�--�---�---------...---._. __........._...-------�------.......�e�-----------------_...--------------------....------------(SEAL) <br /> hiary X Helzer----------------------------------(SEAL) <br /> ---------�-------------------------------------------------------------------------------------------�------........--------�-------------- <br /> ----------------------------------�------------------------�------M-ark��-------•-- - <br /> --------�----------------------------------------------------------------�-------------------...--•-----------...---------........_...---- -----._._...-------------------�-------------•--�------------------------...---------._._...--------._._......------�-�-------------(SEAL) <br />