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<br /> B -I- OIL AND GAS LEASE '
<br /> Form 88.-�(Producers) (NEBRASKA)
<br /> 21262—The Augustine Co., County Supplies, Grand Island, Nebr.
<br /> I
<br /> i
<br /> FROM THE STATE OF NEBRASKA i
<br /> ss.
<br /> County,
<br /> Ot�o F.Diel�mann & wP �I
<br /> 1 hereby certi f y t{tat t�iis instrument was enterecl on Numerical Index, ancl f ilecl
<br /> f or recorcl this 6 day of �UgU$t. 19 �'2 . �
<br /> TO at 1 ;�0 o'clock P.M. ������ '
<br /> Register oF eeds.
<br /> Jo� �lrlght DePuty.
<br /> � Fees, $ �:�^rj
<br /> Commence
<br /> AGREEMENT, Made and entered into this �� day of June . 19 4i . by and between
<br /> Qtto F.Diek�nan &'Lena D�.ekman
<br /> Party of the first part, l�ereinafter called Iessor(whether one or more)and
<br /> Joe Wrigh� P�t y of the second part, hereinafter called lessee,
<br /> WITNESSETH, That the said lessor, for anc� in consic�eration of — o�e — DOLLARS,
<br /> cash in hand paid, receipt of which is hereby acknowledged, and of tlie covenants ancl agreements liereinafter contained on tTie part of lessee to be paid, lzept, and per-
<br /> formecl, �as granted, demised, Ieased and let and by these presents does grant, demise,lease and Iet unto said lessee,for tTie sole and only purpose of mining and operating
<br /> for oil ancl flas, ancl Iaying pipe Iines, ancl builcling tanlzs, power stations and structures thereon to produce,save and take care of said products,aIl that certain tract of land
<br /> situatec�in the County of Ha��- State of NEBRASKA described as follows, to-wit:
<br /> South HaI� of Nc�rth �'e�t QuartPr, Section 21�; North HalP oY North East q,uartPr,and North East
<br /> of North WPSt C�uarter, SPC.23;Pdarth East`�of North We$t �uarter,Sec.27;
<br /> of Section Township 1.2_ N Range �1. � and containing 2�� acres, more or Iess.
<br /> It is agreed that this lease shall remain in full force for a term of tF%n years {rom this date, and as long thereafter as oil or gas, or
<br /> either of them, is producecl from said land by the Iessee.
<br /> In consicleration of the premises the said lessee covenants and agrees:
<br /> ist. To deliver to the credit of lessor, free of cost, in the pipe line to which he may connect his wells, the equal one-eigTith (li's) part of alI oiI produced and saved
<br /> from the leased premises.
<br /> 2nd. To pay Iessor for gas from each well where gas only is found the equal one-eighth (�/a) of tl�e gross proceecls at the prevailing market rate, for all gas used off
<br /> the premises, said payments to be made mc�nthl.y
<br /> ancl lessor to liave gas free of cost from any such well for aIl stoves and all inside lights in the principal dwelling house on said land during the same time by making his
<br /> own connections with. the well at his own rislz and expense.
<br /> 3rcl. 7'o pay lessor for gas produced from any oil well and usec�of f the premises or in t�e manufacture of gasoline or any other product a royalty of one-eighth
<br /> ('/a) of the market value, at tlie mouth of the well, payable monthly at the prevailing marizet price.
<br /> If no well be commenced on said land on or before tlie 1.8t'+ day of �8T'Ctl , t9 }l�.{. , this lease shall
<br /> terminate as to both parties, unless the Iessee on or before that date shall pay or tender to the lessor, or to the lessor's credit in The �t8t� H�tnk Ot' (;A'.LTO
<br /> Bank at Cairo,Nebr. or its successors, wh��h 3haI1 continue
<br /> as the depository regarclless of changes in the ownership of said Iand, the sum of ��_��.n0 DOLLARS,
<br /> which shall operate as a rental and cover the privilege o f clef erring the commencement o f a well f or Z 2 montlis f rom said clate. In Iike manner and
<br /> upon like payments or tenders the commencement of a well may be further deferred for Iike periods of the same number of months successively. AIl such payments or
<br /> tenders of rentals may be macle by check or draft of lessee or any ussignee thereof, mailed or delivered 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 tl�e consideration f irst recited herein, the c�own 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 extending that period as aforesaid, and any and aIl other rights conferred.
<br /> Shoulcl tl�e First well drilled on the above described land be a dry hole, tlien, and in that event, if a second well is not commenced on saic�land within twelve months
<br /> from tTte expiration of the last rental period for wTiich rental has been paicl, this lease sliall terminate as to both parties, unless the lessee on or Tiefore the ezpiration of
<br /> said twelve montlis 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 t1�at upon the resump-
<br /> tion of the payment of rentals, as above provided, that the Iast prececling paragrapTi Tiereof, governing tlie payment of rentals and the effect thereof, shall continue in
<br /> force just as though there l�ad been no interruption in the rental payments.
<br /> If saicC lessor owns a less interest in the above described land than the entire and uncliuided fee simple estate therein, then the royalties and rentals herein pro�ided
<br /> shall be pczid the lessor only in the proportion whicTi Iiis interest bears to the whole and undivided fee.
<br /> Lessee shal� 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 Iessor.
<br /> Wl�en requested by Iessor, Iessee shali bu►y hLS pipe lines below plow depth.
<br /> No well shall be drilled nearer thnn 20o feet to the house or barn now on said premises, without the written consent of the lessor.
<br /> l.essee sha�l pay f or clamages eausec� by its operation to growing crops on saic� lanc�.
<br /> Lessee shall have the right at any time to remove aIl machinery and fixtures placed on said premises, including the rigl�t to draw and remove casing.
<br /> If the Iessee shall commence to clrill a well within tlie term of this lease or any extension thereof, the lessee shall haue the righ,t to cTrill such well to completion witjt
<br /> reasonable diligence ancl dispatch, and if oil or gas, or either of them, be found in paying quantities, this Iease shall continue anc� be in force with tl�e like ef fect as if
<br /> such well had been completec� witTiin the term of years �ierein first mentionecl.
<br /> If the estate of either party hereto is assigned, and the privilege of assigning in whole or in part is expressly allocued, tTie covenants hereof sliall extend to tlieir
<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 /> after the lessee has been furnishecl with a written transfer or assignment or a true eopy 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 c�eseribec� lanc�s anc� the assignee or assignees of sueh part or parts shall fail or make clefault in t�ie 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 affect this lease in so far as it covers a part or parts of said lands upon
<br /> wliich the saic� lessee or any assignee thereof shall make due payments of said rentals. If the leased premises are now or hereafter owned in severalty or in separate tracts,
<br /> the premises, nenertTieless, may be deneloped nnd operated as an entirety, and th,e royalties s1iall be paid to each separeEe owner in the proportion tliat th,e acreage owned
<br /> by him bears to the entire leased area. There shall be no obligation on the part of the Iessee to of fset wells on separate tracts into whicl� 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 tTie oil produced f rom such separate tracts.
<br /> Lessor hereby warrants and agrees to defend the title to the lands herein describecl, and agrees tliat the lessee shall have the right at any time to redeem for lessor by
<br /> payment, any mortgages, taxes or other Iiens on the above described lands, in the event of clefault of payment Tiy lessor, and be subrogated to the rights of tl�e T�older
<br /> f hereo f.
<br /> Otto F.Diekmann-------------------------------(SEAL)
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<br /> Signed, sealed and delivered in presence of ____________________________________________________Lena__.DiPkmann _.__...__(SEAL)
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<br /> G.C .Raven ______________(SEAL)
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