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<br /> B -I- OIL AND GAS LEASE � �
<br /> Form 88.-�(Producers) (NEBRASKA)
<br /> 21282—The Augustine Co., County Bupplies, Grand Island, Nebr.
<br /> �pM THE STATE OF NEBRASKA ��
<br />, ss. ��.
<br /> Rudolph J.HeYir�ZP single Hall County, ��
<br /> 1 hereby certify tliat this instrument was entered on Numerical Index, and filed
<br /> j'or record this 6 day of tiU UBt, �g �� . �`'�
<br /> TO at �. : �0 o'clock P.M. � -v%�-�-�y��. N
<br /> Register of Deeds. , Q
<br />� eTO� �I'1�Ylt Deputy. �
<br /> Fees, $ �:1.'r)' V �
<br /> � �•
<br /> �
<br /> �.'ommence �
<br /> AGRE$M$NT, Made and entered into this 7j�. day of Jan. , tg 42 , by and between
<br />� . �
<br /> Rudolph J.HPhnke ( Single)
<br /> �
<br /> �
<br /> �
<br /> Party o f the f irst part,hereinaf ter called lessor(whether one or more)and
<br /> �T O� VJr igh t Part y o f the second part, hereina f ter called lessee,
<br /> WITNESSETH, Tliat t�ie saicl lessor, for and in eonsicleration o{ - onp - DOLLARS,
<br /> cash. in hanc� paicl, receipt of wh,ic�i is hereby aclznowledged, anc� of the covenants ancl agreements hereinafter containecl on the part of lessee to be paic�, Izept, ancl per-
<br /> f ormed, has granted, demised, Ieased and let ancl by tTiese presents does grant, demise,lease and Iet unto said lessee,for the sole and only purpose of mining and operating
<br /> for oil and gas, ancl Iaying pipe lines, and building tanks, power stations and structures thereon to procluce,save and take care of said products,all that certain tract of IantI
<br /> situated in the County of HaI1- State of NEBRASKA c�escribed as follows, to-wit:
<br /> East Hal�' aP 5outh East quarter,Sec.�4;
<br /> of Section Township �-2 � Range T.I. �T and containing �'U acres, more or less. �
<br /> It is agreed that this lease shall remain in futi force for a term of �@11 years from this date, and as Iong thereafter as oiI or gas, or
<br /> eitlier o f them, is produced f rom said land by the Iessee. �
<br /> In consideration of the premises the said lessee covenants and agrees:
<br /> tst. To deliver to tlie credit of Iessor, free of cost, in the pipe line to which he may connect his wells, the equal one-eightli ('/s) part of alI oil produced and saved
<br /> f rom t�e leased premises.
<br /> 2nd. To pay lessor for gas from eaclti well where gas only is found tlie equal one-eigh.th (�/s) of the gross proceeds at the prevailing marizet rate> for aII gas usecl off
<br /> the premises, said payments to be made �ionthl.y
<br /> and lessor to have gas free of cost from any such well for all stoves anc�all inside lights in the principal dwelling house on said lancl during the same time by making Fiis �
<br /> own connections with the well at his own risk and expense.
<br /> grd'. To pay Iessor for gas produced from any oil well and used of f tl�e premises or in the manufacture of gasoline or any other product a royalty of one-eigl�th
<br /> ('/a) of the marizet value, at the mouth of the well, payable monthly at the prevailing market price. .
<br /> If no well be commenced on said land on or before the 7.St day of b�arch > i9 41}. , this Iease s1�aII
<br /> terminate as to both parties, unless the lessee on or before that date sliall pay or tender to the lessor,or to the lessor's credit in The �,g, ta,tP. Bsnk oP Cairo Q
<br /> Ban1z at Cairo,Nebr. or its successors, wI�ich s6all continue
<br /> as the �epository regarclless of changes in t�ie ownership of saicl Iand, the sum of �'��.�� DOLLARS, �
<br /> which shall operate as a rental and cover the privilege of deferring the commencement of a well for 12 months from said date. In lilze manner and •
<br /> upon like payments or tenders the commencement of a well may be furtlier deferred for lilze periods of tlie same number of months successively. AIl such payments or � _
<br /> tenders of rentals may be made by check or draft of lessee or any assignee thereof, mailed or clelivered on or before the rental paying date, either clirect 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 aforesaicl, but also the lessee's option of extending that period as aforesaid, and any and all other rigTits conferred.
<br /> Shoulcl the first well drilled on tTie above clescribed land be a dry liole, then, anc�in that event, if a second well is not commenced on said land within twelve months
<br /> from tl�e expiration of the last rental period for whicli rental has been paid, tlits lease sliall terminate as to both parties, unless the lessee on or before the expiration of
<br /> said twelve montl�s shall resume the payment o f rentals in the same amount and in the same manner as hereinbef ore provided. And it is agreed that upon tF�e resump-
<br /> tion of the payment of rentals, as above provided, that the Iast prececling paragrapFt Iiereof, governing the payment of rentals and tlie effect thereof, sliall continue in Q _
<br /> }'orce just as though, there Aacl been no interruption in the rental payments. �V
<br /> I f said lessor owns a less interest in the above describecl land than the entire and undivided f ee simple estate therein, then the royalties and rentals herein provided �
<br /> shall be ptxid the lessor only in the proportion which his interest bears to the whole and undivided fee.
<br /> Lessee sliall Iiave the right to use, free of eost, gas, oil, ancl water proclueec� on said land for its operation thereon, except water from wells of lessor.
<br /> When requested by lessor, lessee shall bury his pipe lines below plow depth. �
<br /> No well shall be drilded nearer than 20o feet to t�e house or barn now on said premises, without the written consent of the lessor. .p
<br /> I,essee shall pay f or clamages causec� by its operation to growing erops on saic� lantl. "{�
<br /> Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing.
<br /> If the lessee sliall commence to clrill a well within the term of this lease or any extension thereof, the lessee shall have tlie right to ctrill suc�i well to completion with.
<br /> reasonable diligence and dispatch, and if oil or gas, or either of t1�em, be founcl in paying quantities, this lease shall continue ancl be in force with the li{ze ef fect 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 e�cpressly alloLUed, the covenants hereof shall extend to their
<br /> heirs, executors, administrators, successors or assigns, but no change in the ownership o f tTie lancl or assignment o f rentals or royalties shall be binding on the Iessee until
<br /> after tT�e lessee has been furnished witl� a written transfer or assignment or a true copy thereof; and it is Iiereby agreec� in tke 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 the payment of the proportionate part of
<br /> the rents d'ue from h.im 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 saic� lessee or any assignee thereof shall malze due payments of said rentals. 1f t�e leased premises are now or liereafter ownecl in severalty or in separate tracts,
<br /> the premises, nec�ertlieless, may be dei�eloped and operated as an entirety, and the royalties shall be paid 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 the part of the lessee to offset wells on separate tracts into which the land covered by this lease
<br /> may hereafter be clivided by sale, devise, or otlierwise, or to furnish separate measuring or receiving tanlzs for tT�e oil produced from such separate tracts.
<br /> Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the lessee shall have the right at any time to redeem for lessor by
<br /> payment, any mortgages, taxes or other liens on the above described lands, in the event of default of payment by lessor, and be subrogated to the rights of the holder
<br /> t�ereo f.
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