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�: :18 <br /> B -I- OIL AND A LEA E - <br /> G S S <br /> Form 88.-�(Producers) (NEBRASKA) <br /> 21262—The Augustine Co., County 8upplies, Grand Island, Nebr. <br /> �pM THE STATE OF NEBR.ASKA <br /> ss. <br /> Henrich Har�;ens F� wf. Hall County, <br /> 1 hereby certify t1�at this instrament was entered on Numerical Index, and filed <br /> I for record this 6 day of AU U8� 1942 . <br /> I To at 1 :�j0 o'oiock P.M. �/��-�,e2� <br /> Register o� <br /> Joe WI'1gh� Deputy. <br /> Fees, $ 2.�5 <br /> l <br /> �,'ommence <br /> AGREEMENT, Made and enterecl into this 2� day of kpril , i9�Z , by and between <br /> Henrich Har�;�ns �c �Zinnie Har€;�na Huaband & wife <br /> � <br /> Party o f tlie f irst part,hereinaf ter called lessor(whether one or more)and , <br /> J o e ��r i gh t pnrt y o f the seconcl part, l�ereinaf ter called lessee, <br />' WITN�SSETH, That the said lessor, for and in consideration of —One— DOLLARS, <br /> cash in hand paid, receipt of wl�ich is liereby aclznowledged, and of the covenants and agreements hereinafter contained on the part of lessee to be paid, kept, and per- <br /> formed, has grantecl, demised, leased and let and by these presents does grant, demise, Lease and let unto said lessee,for the sole and only purpose of mining and operating <br /> for oil and gas, and Iaying pipe Tines, and building tanlzs, power stations and structures thereon to produce,save and take care of said products,alI that certain tract of land <br /> situated in the County of H�iZ State of NEBRASKA described as follows, to-wit: <br /> Eagt Half oP South WP�t f�uar�er, Sec.l4; �outh East �uarter, Sec.I�+; South HalP of North West <br /> Qut�rter,and NortYi HalP o�' South tfdpst t�uarter, Sec.13; South HaIP o�' North East Quarter,3ec.24; � � <br /> � <br /> � <br /> of Section Township 1.2N Range 1.].�`� and containing �� acres, more or Iess. \� <br /> It is agreed that this lease shall remain in {ui[ {orce for a term of t+f%n years from this date, anc� as long thereafter as oil or gas, or Q <br /> either of tliem, is produced from said land by th,e Iessee. <br /> In consideration of the premises the said lessee coUenants and agrees: <br /> ist. To deliver to the credit of lessor, free of cost, in the pipe line to which �e may connect his wells, th,e equal one-eighth (Y/s) part of aTl oiI produced and saved � <br /> f rom the Ieased premises. � <br /> a,nd. To pay lessor for gas from each well wTiere gas only is found the equal one-eightl� (%) of the gross proceeds at the pre�ailing market rate, for all gas used off � <br /> the premises, saic�payments to be made r,iontYily <br /> and�essor to have gas free of cost from any such well for all stoves and all inside lights in the principal dwelling house on said Iand during the same time by making his <br /> own connections with t�e well at his own risk and expense. <br /> �rd. To pay Iessor for gas produced from any oiI well and used off tTie premises or in tTie manufacture of gasoline or any other product a royalty of one-eightTi <br /> (�s) of the market value, at t�e mouth of the well, payable month.ly at tlie prevailing market price. <br /> If no well be commenced on said land on or before the 18� day of h7areh , ig�� , this lease shall <br /> terminate as to both parties, unless the lessee on or before tTiat date sliall pay or tender to the lessor,or to tTie lessor's credit in TTie �tatE B8� Of' Cairo <br /> Banlz at Cairo,P1PY�r' or its successors, wh��h shgII continue <br /> as the depository regardless of changes in the ownersl�ip of said land, the sum of �2�.�� DOLLARS, <br /> which shall operate as a rental and cover the privilege o f def erring the commencement o f a well f or I 2 months f rom said date. In like manner and <br /> upon like payments or tenders the commencement of a well may be furtTier deferred for lilze periocls of the same number of months successively. AII sucli payments or <br /> tenders of rentals may be made by cl�eck or draft of lessee or any assignee thereof, mailed or clelivered on or before th,e rental paying date, eith,er 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 /> 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 month,s <br /> from the expiration of tlie last rental period for which rental has been paid, this lease shall terminate as to botli parties, unless tl�e lessee on or before the expiration of <br /> said-twelve months sha11 resume the payment o f rentuls in the same amount and in the same manner as hereinbef ore provided. And it is agreed that upon the resump- <br /> tion of the payment of rentals, as above proviclecl, tT�at the 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 the rental payments. <br /> I f said lessor owns a less interest in the above described land than the entire and unclivided f ee simple estate therein, then the royalties and rentals herein provided <br /> sTiall be paid the Iessor only in the proportion which Itis interest bears to the whole and undivided f ee. <br /> Lessee shall have tlie 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 requestecl by Iessor, Iessee shali bury hts pipe lines below plow deptF►. <br /> No well shall be clrilled nearer than 20o feet to the house or barn now on said premises, witliout the written consent of tl�e �essor. <br /> Lessee shall pay f or cTamages causecl by its operation to growing crops on saicl land. <br /> Lessee shall have the right at any time to remove nll machinery and fixtures placed on said premises, including the right to draw and remove casing. <br /> If the lessee shall commence to drill a well within the term of this lease or any extension thereof, the Iessee shaTl have the right to drill such well to completion with <br /> reasonable cliligenee ancl clispateli, anc� if oiI or gas, or either of them, be f ounc� in paying quantities, this lease sh.all eontinue anc� be in f oree with the lilze ef f eet 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, ancl tFte privilege of assigning in whole or in part is expressly allocued, the covenants hereof sliall extend to their <br /> heirs, executors, administrators, sur.cessors or assigns, but no change in the ownership of the land or assignment of rentals or royalties s1iall be binding on the lessee until <br /> after the lessee l�as been furnisltet� witFt a written transfer or assignment or a true copy thereof; ancI it is hereby agreecI in the event this lease sl�all be assigned as to a <br /> part or as to parts of the above described lands and tlie assignee or assignees of such part or parts sliall fail or malze 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 saicl Iessee or any assignee thereof shall make clue payments of said rentals. If the leased premises are now or hereafter owned in severalty or in separate tracts, <br /> the premises, nei�ertlieless, may be deneloped and operated as an entirety, and tlie royalties shall be paicl to each, separate owner in the proportion that the acreage owned <br /> by him bears to the entire, leased area. There shall be no obligation on tlie part o f the lessee to o{f set wells on separate tracts into wliich the land covered by this lease <br /> may liereaf ter be dividecl by sale, devise, or otherwise, or to f urnish separate measuring or receiving tanks f or tl�e oiI produced f rom sucl� separate tracts. <br /> Lessor hereby warrants and agrees to defend the titTe to the lands herein described, and agrees th,at the Iessee shall have the right at any time to redeem for lessor by <br />� payment, any mortgages, taxes or other liens on tlie above clescribecl lands, in tlie event of clefault of payment by lessor, and be subrogatec� to t�ie rig�its of the holder <br /> thereo f. <br /> -------�---------------------------------------�-----------H�rir i ch_._Har�ens----....----------------(sEAL� <br /> Signecl, sealed and delivered in presence of -----------------------------------------------------------N�inn_ie...Har�ens.---------------------------(SEAL) <br /> ----�-----------------------------------------------------------------�-----------------------�----------------------------------.._(SEAL) <br /> ---------------------------------------�r...�...RaVerl,-�------------�--------------------------------------�--------------- -....-�---------------.._._....---------------------.....-------...--------------...-------...----------------------...------------(SEAL) <br /> ------------------�-------------------------------------------------------------------�--�-------------------...--------------�--------�-- ------....--------------------------------------------------...----------------�---------.._..-------�------------------------------(SEAL) <br /> -----------------------------------------------------------------------------------------------------------------------------------�------- ----------...(SEAL) <br /> ---------------------------•---------------------------------------------------...------•--------...------------------• <br /> ---------�-----------------------------------------------------------------------------------------------------�-�-----...-�---...-�-�---- --------...-----...----------------•-------------------------......._....__..._._....------ <br /> ---------------�--......---------.._..._.(SBAL) <br />