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<br /> B -I- OIL AND GAS LEASE �` �
<br /> Form 88.-r(Producers) (NEBRASKA)
<br /> � 21282—The Auguatine Co., County 3upplies, Grand Island, Nebr. �
<br /> FROM THE STATE OF NEBRASKA
<br /> . ss.
<br /> Wi7_liam L.Heupel & B�rtha County.
<br /> Heupel I jtereby certify t�.at tl�is instrument was entered on Numerical Index, and filed
<br /> for record this �j day of AU�r �', i9 1}.2 .
<br /> TO at �: 30 o'clock p�M. �^;��
<br /> i Register of Dee .
<br /> Deputy.
<br /> JO 2 Wr i gh t Fees, $
<br /> �
<br /> Commence
<br /> AGREEMENT, Made and entered into tltis 1.�7 day o� Apr il > tg�l , by ancl between
<br /> Willia,m L.Heupel & �ertha Heupel, - - - - - - - - Party of the first part,hereina{ter called lessor(whether one or more)and
<br /> J o e Wr i ght - - — — — — — — — — — — — — ._ _ _ _ _ _ _ _ _ _ Part y o f the second part, hereinaf ter called Iessee,
<br /> : WITNESSETH, That the saic�lessor, f or and in eonsicleration o( -- o n e — — — — — — — — — — — — — — — — — — — — DOLLARS,
<br /> cash in �and paid, receipt of wl�ich is liereby acknowledged, and of the covenartts and agreements hereinafter containecl orz t1�e part of Iessee to be paid, lzept, and per-
<br /> formed, has granted, demised, leased and let and by these presents cloes grant, demise,lease and let unto said lessee,for the sole and only purpose of mining ancl operating
<br /> .. for oil and gas, ancl Iaying pipe Iines, and building tanks,power stations and structures tFtereon to produce,save and talze care of said products,all that certain tract of land
<br /> situated in tl�e County of Ha.11 5tate of NEBRASKA described as foLlows, to-wit:
<br /> �he North Half of Section 21; & S.E.� of �ec. 20
<br /> of Section Township 12 j� Range ]_1 W and containing �.�.�� acres, more or less. �
<br /> It is agreed that th,is lease shall remain in full force for a term of t�,� years from tltis clate, and as long thereafter as oil or gas, or �
<br /> either of them, is produced f rom said Iand by the lessee.
<br /> In consideration of th.e premises the said lessee covenants and agrees:
<br /> ist. To deliver to the credit of lessor, free of cost, in the pipe Iine to which he may connect T�is wells, the equal one-eighth (�§) part of all oiI produced and saved
<br /> f rom the leased premises.
<br /> a,nd. To pay Iessor for gas from eacli well where gas only is found t�e equal one-eighth (�/e) of the gross proceeds at the prevailing market rate, for alI gas used of f �
<br /> the premises, said payments to be made mo n thl y
<br /> and lessor to have gas f ree o f cost f rom any such well f or alI stoves and aII inside Iights in the principal dwelling house on said Iand during the same time by making his
<br /> own connections with the well at his own risk and expense. -
<br /> 3rd. To pay �essor for gas produced �rom any oil well and used of f the premises or in the rittnufacture of gasoline or any other product a royalty of one-eig�t�t �
<br /> (�/s) of the market value, at the mouth o f the well, payable monthly at the prevailing market price. O
<br /> I f no well be commenced on said land on or bef ore the 1.S�"i c�ay of Mar eh . 19 44 . tTiis lease shall �_
<br /> terminate as to both parties, unless the lessee on or before that date shall pay or tencler to the Iessor,or to the lessor's credit in The State Bank Of' Cairo �
<br /> Bank at Cai�-o, 1VNbt^- oe its successors, which sh$II continue ,
<br /> as the depository,regardless oF changes in the ownersliip of said land, the sum of �2��.QO DOLLARS,
<br /> w�ich shall operate as a rental and cover the privilege o f de f erring the commencement o f a well f or 12 montlts f rom saic� clate. In Iilte manner and � -
<br /> upon like payments or tenders the commencement of a well may be further deferred for lilze periods of the same number of months successively. All such payments or
<br /> tenders of rentals may be made by check or draft of lessee or any assignee thereof, mailecl or deliverec�on or before the rental paying cIate, either direct to lessor or assigns
<br /> or to said depository banlz. And it is understood and agreed that the consicleration f irst recitec� herein, the down payment, covers not only tTie privileges granted to the
<br /> date when said first rental is payable as aforesaid, but also the lessee's option of extending that periocl as aforesaid, and any ancl all other rigTits conferred.
<br /> Should the first well drilled on the above cleseribecl Iancl be a clry Ftole, t1�en, and in tliat event,if a second well is not eommeneed on said Iand within twelve months �
<br /> from the expiration of the last rental period for which rental has been paid, this lease sl�all terminate as to botTi parties, unless the lessee on or before the expiration of �
<br /> saicl twelve months shall resume the payment of rentals in the same amount ancI in the same manner as hereinbefore provicled. And it is agreecl that uponthe resump- �
<br /> tion of the payment of rentals, as above provided, tliat the last preceding paragrapTi Tiereof, governing the payment of rentals and the effect thereof, shall 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 fee simple estate therein, then the royalties ancl rentals Tierein prouided �
<br /> shall be paicC the l`essor only in the proportion whicli Tiis interest bears to the whole and undivicled fee. : �
<br /> Lessee shall Tiaue 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 lessor, lessee shall bury his pipe Iines below plow depth.
<br /> 1Vo cuell shall be drilled nearer than 20o feet to the house or barn now on said premises, witliout the written consent of tlie Iessor. '
<br /> Lessee shal� pay for c�amages caused by its operation to growing crops on said land.
<br /> Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, including the right ta draw and remove casing.
<br /> I f the Iessee shall commence to drill a well within t�e term of this Iease or any e xtension thereof, the Iessee shall have the right to drill such well to completion with,
<br /> reasonable cliligence and dispatch, and if oiI or gas, or either of them, be founcl in paying quantities, this lease shall continue and be in force with the like effect as if
<br /> sueh. well hac� been completec� within the term of years herein first mentionec�.
<br /> If the estate of either party hereto is assigned, and the privilege of assigning in whole or in part is expressly allowed, the covenants liereof sliall extend to their
<br /> heirs, executors, aclministrators, successors or assigns, but no change in the ownership of the land or assignment of rentals or royalties shall be bincling 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 shall fail or make default in tlie payment of tTie proportionate part of
<br /> the rents due from him or them on an acreage basis, su�h default shall not operate to c�efeat or affect this Iease in so far as it covers a part or parts of saicl Iands upon
<br /> whicl� tlie said lessee or any assignee thereof shall make due payments of said rentnls. If tlie leasecl premises are now or hereafter owned in severalty or in separate tracts,'
<br /> the premises. nenertheless, mny be developecl and operated as an entirety, and the royalties shall be paid to eacTi separate owner in the proportion tFtat the acreage owned
<br /> by him bears to t�ie entire, leased area. There sliall be no obligation on the part of the lessee to of fset wells on separate tracts into which the Iand covered by this lease
<br /> may hereaf ter be divided by sale, devise, or otherwise, or to f urnish separate measuring or receiving tanks f or the oil produced f rom such separate tracts.
<br /> Lessor hereby warrants and agrees to de f end the title to the Iands herein describec�, and agrees that the Iessee shall have the right at any time to redeem f or lessor by
<br /> i payment, any mortgages, taxes or other liens on the above clescribed Iancls, in tlie event of clefault of payment by lessor, anc� be subrogatec� to tlie rigjtts of t�ie holder
<br /> thereo{.
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<br /> Signecl. sealecl and deliverec�in presence oF -----------------�----------------------------B.�_xtk��_...H..�up�l------------�---...---------------�---------(sEAL�
<br /> G. C.Raven
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