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�'�. � <br /> B -I- QIL AND GAS LEASE � �� y� <br /> Form 88.--(Producers) (NEBRASKA) <br /> 21282—The Augustine Co., County Supplies, Grand Island, Nebr. <br /> �pM THE STATE OF NEBRASKA <br /> ss. <br /> �.`ounty, <br />, �''ITij.ly E.Hinkson, single, 1 hereby certify that this instrument was entered on Numerical Index, and fLled <br /> for record this 6t�1 day of AUgUSt 19�-�-2 . <br />' TO at 1.: �j� o'clock P. M. ' .���''�- <br /> I Register of Ueel�s. <br />' Deputy. <br /> eTOE WT'j.gYl�i Fees, $ 2:>70 <br /> f� <br /> �.'ommence <br /> AGREEMENT, Made and entered into this 6tY1 day of May , ig��,. , by and between <br /> Emil� �'.Hinkson, a single WOIll�`j,i1? Party of the first part, hereinafter called lessor(whether one or moreJ and <br /> e10@ right — — — — — — — — — — — — — .- _ _ _r_ _r_ _ _ _ _ _ Part y of the second part, liereinafter called lessee, <br /> WITNESSETH, Tliat tl�e said lessor, f or ancl in consideration o f _ O ne — -' — — — — — — — — -- — -' — — — — ' — — — — DOLLARS, <br /> cash in hnncI paid, receipt of which is hereby acknowledged, and of the covenants and aflreements hereinafter contained on the part of lessee to be paid, kept, and per- <br /> formed, has granted, demised, Ieased and let anrl by these presents cloes grant, demise,lease and let unto said Iessee,for tlie sole ancl only purpose of mining and operating <br /> for oil and gas, and Iaying pipe Iines, and building tanks, power stations and structures thereon to produce,save and take care of said products. alI that certain tract of Iand <br /> situated in the County of Ha11 State of NEBRASKA described as follows, to-wit: <br /> �outh E�.st of North East Quarter, Seetion l�; <br /> North Ha1.f�f North West Quarter, Section 17; <br /> of Section Township ].2 jQ Range 11 W and containing ].20 acres, more or less. <br /> It is agreed that this lease shall remain in f ull f orce f or a term of t en years f rom this clate, and as long thereaf ter as oil or gas, or <br /> either of them, is produced from said land by tl�e Iessee. <br /> In consideration of the premises the said lessee covenants and agrees: <br /> ist. To d`eliver to the credit of lessor, free of cost, in the pipe line to wTiich he may connect his wells, tTie equal one-eighth (Y/s) part of all oil produced and saved <br /> � f rom the leased premises. <br /> 2nd. To pay Iessor for gas from each well where gas only is found tTie equal one-eighth (�/s) of the gross proceeds at the prevailing market rate, for aII gas used of f <br /> t�,e premises, said payments to be made monthly <br /> and lessor to have gas free of cost from any such well for aII stoves and aII inside Iig�ts in the principal dwelling house on said Iand during the same time by making his <br /> own connections with tTie wel�at his own risk ancl expense. <br /> 3rd. Z'o pay lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eig�it�i <br /> (i/a) of tlie market value, at the mouth of the well, payable monthly at the prevailing market price. <br /> I f no well be commenced on said land on or be f ore tlie ],$t dQY of Mar eh . 19 1.�.1.}. > tTiis lease sTiall <br /> terminate as to both parties, unless the lessee on or before that date shall pay or tender to the ressor,or to the Iessor's creclit in The $tAt,g Bank Of' Cairo <br /> BanTz at Cairo, Nebr. oe its successors,.�h��h shalI continue <br /> as t�e depository regardless of changes in the ownership of said Iand, the sum of �b�.QO DOLLARS, <br /> which sha�l operate as a rental and cover the privilege o f def erring tlie commencement o f a well f or �.2 months f rom saicl date. In Iike manner and <br /> upon like payments or tenders the commencement o f a well may be f urther deFerrec� f or like periocls o f th,e same number o f months successively. All such, payments or <br /> tenders of rentals may 6e made by check or draft of lessee or any assignee thereof, mailecl or deliverec�on or before the rental paying c�ate, either direct to lessor or assigns <br /> or to said depository bank. And it is understood and agreed that the consideration f irst recitec� herein, the down payment, covers not only tT�e privileges granted to the <br /> d'ate when said f irst rental is payable as af oresaid, but also the lessee's option o f extending that period as af oresaid, and any and all other riglits conf errec�. <br /> Sliould the (irst well clrilled on the above c�escribed land be a dry hole, then, and in that event,if a second well is not commenced on said land within twelve months <br /> f rom the expiration of the last rental period f or whicFt rental has been paid, this lease shall terminate as to both parties, unless the lessee on or bef ore t�ie expiration of <br /> said twelve montl�s shall resume the payment of rentals in the same amount and in the same manner as hereinbefore provided. Ancl it ts agreed that upon the resump- <br /> tion of the payment of rentals, as above provided, that the Iast preceding paragrapTi hereof, governing the payment of rentals and the effect thereof, shal[ continue in <br /> Force just as thougli tliere harl been no interruption in the rental payments. <br /> I f said Iessor owns a less interest in the above described Iand t�an the entire and unc�ivic�ed f ee simple estate therein, then the royalties and rentals �erein pro�ided <br /> shall be paic� tltie lessor only in the proportion which his interest bears to the whole and undivided fee. <br /> Lessee shal� have the rigl�t to use, f ree of cost, gas, oil, and water produced on said land f or its operation thereon, except water f rom wells of �essor. <br /> WFien requested by lessor, lessee shall bury his pipe lines below plow depth. <br /> No wel� shall be drillecl nearer thnn 20o feet to the house or barn now on saicl premises, with,out the written consent of the lessor. <br /> Lessee shall pay f or clamages caused by its operation to growing crops on said lancl. <br /> Lessee shall have the right at any time to remove all machinery anc�fixtures placecl on said premises, including the rigTtt to alraw ancl remove casing. <br /> If tlte lessee shall commence to c�rill a well within the term of this lease or any extension tltereof, the lessee shall have the rigjtt to drill such, well to completion wit�i <br /> reasonable cliligence and dispatcli, and if oiI or gas, or either of them, be found in paying quantities, this lease shall continue and be in force with, the lilze effect as if <br /> such 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 express�`y alloc�ecl, the covenants hereof shall extend to their <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 the lessee until <br /> after t�e Iessee 1�as been furnished with a written transfer or assignment or a true copy thereof; and it is hereby agreed in the event this Iease sF�aII be assigned as to a <br /> part or as to parts of the above described Iands and the assignee or assignees of such part or parts shall fail or make default in the payment of tlie proportionate part of <br /> the rents due from him or them on an acreage basis, such default shall not operate to defeat or af fect this Iease in so far as it covers a part or parts of said lands upon <br /> wliicl� the said lessee or any assignee thereof shall malxe due payments of said rentals. If the leased premises are now or hereafter owned in severalty or in separate tracts, <br /> the premises, neaertheless, mny be der,eloped and operated as an entirety, ancl the royalties shall be paid to each separate owner in the proportion that the acreage owned <br /> by him bears to the entire, Ieased area. There shall be no obligation on the part of the Iessee to of fset wells on separate tracts into whic�. the land covered by this lease <br /> may hereafter be divic�ecl by sale, devise, 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 lancls herein described, and agrees that the lessee shall have the right at any time to redeem for lessor by <br /> Ipayment, any mortc�ages, taxes or other liens on tl�e above clescribec�Iands, in the event of defar�lt of payment by lessor, and be subrogated to tFie rights of the holder <br /> thereof. <br /> -----------------------------------------------�-------------..Emil�----E_.Hinks�on-----------._.._.._.(SEAL) <br /> Signecl. sealed and delivered in presence of .-�-----------------------------------------�------------�---�---�-------�-----------._...-----------------------------------�-----.(SEAL) <br /> ----------�---------------------------------------�------------------------�---------------------�------------------------------....(SEAL) <br /> -------�--------------------------------G-._C..�.aY..en----------.._...----�------------------------�--------�---...--------- -------...---...-------------------------......-----------�-----------------------------._.-�-----�-------------�--�----------...---(SEAL) <br /> ----------------------------------�-------�------------------------------ <br /> ------------------------------------------------------------------ ------�---...--------------•-----------------......-------�-------�----._.._....-----------------...----------------------�---------(SEAL) <br /> ----------------�-��-------------------------------------------------------�-----------.....-------------.._..----�---......--------------- <br /> ---------------------------------------�---------�--------------------------•-----------...-----------------------------------------(SEAL) <br /> ------------------•-�-----_..--�--------------�--------------------------�--..........----......---•---------------.._..__....----�---.... ..--�-------.....----------..__.........---•--.............._............--•----------------�--------------------�---------------.._(SEAL) <br />