|
�=��5
<br /> B -�- OIL AND GAS LEASE
<br /> Form 88�(Producers) (NEBRASKA) ,
<br /> 21262—The Augustine Co., County Supplies, Grand Island, Nebr. -
<br /> 1
<br /> �pM THE STATE OF NEBRASKA
<br /> ss.
<br /> Lizzie Brunhol.tz Pt al Ha13. C°unty�
<br /> I hereby certify that this instrument was enterecl on Numerical Index, and filed
<br /> for record this 6 day of ,AU�U t �-�j9 4`2 .
<br /> I To at 1 :j0 v'cloalz p,1ut. `JJ�ua��-�
<br />�� Register of Deeds.`
<br /> I
<br /> Jae ll�ri�ht Depufy.
<br /> �
<br /> Fees, $ 2;I.F'j
<br /> Commence
<br /> AGREEMENT, Made and entered into this �t'+rl day o{ Feb _ , ig�2 , by and between
<br /> Lizzie Brunholtz, t�ingle Peter F3runholtz,and itiatilda Brunholtz (huaband & wire� Rudolt`
<br /> Brunholtz and Dor�thea Brtir�Yio7.tz ( husband and wii'e)
<br /> Party of the f irst part, hereinaf ter called Iessor(whether one or more)and
<br /> J o e W r i�h t Part �' o f tl�e second part, hereinaf ter called lessee,
<br /> WITNESSETH, Ti�at the saicl lessor, for ancl in eonsicleration of — OT�� — DOLLARS,
<br />''� casTi in liand paid, receipt of which is hereby acknowledged, and of the covenants and agreements liereinafter contained on tlie part of Iessee to be paid, kept, and per-
<br /> formed, has granted`, demised, leased and Iet and by these presents does grant, demise,lease and let unto said lessee,for tlie sole ancl only purpose of mining and operating
<br /> f or oiI an�I gas, ancI Iaying pipe Iines, and building tanks, power stations and structures thereon to procluce,save and take care o f said products,alI that certain tract o f land
<br /> situated in the County of HA-��-� State of NEBRASKA described as follows, to-wit:
<br /> Narth Ht�lf' of N�rth West �uarter,Section 24;
<br /> of Section Townsliip 12 r1 Range l�. �� ancl containing �Q acres, more or less.
<br /> It is agreed t�at tT�is lease shall remain in full force for a term of t'+e21 years from this date, and as long tliereafter as oil or gas, or
<br /> either of tliem, is produced from said Iand by the Iessee.
<br /> In consicleration oF the premises the said lessee covenants and agrees:
<br /> tst. To deliver to the credit of lessor, free of cost, in the pipe line to which l�e may connect liis wells, the equal one-eighth (1/s) part of all oil produced and saved
<br /> f rom the leased premises.
<br /> 2nd. To pay lessor for gas from each well wliere gas only is found the equal one-eightTi (�/s) of th,e gross proceeds at the prevailing market rate, for aII gas used of f
<br /> the premises, said payments to be made nionthly'
<br /> and lessor to have gas f ree o f cost f rom any such well f or all stoves and aIl inside liglits in tl�e 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 /> 3rd. To pay lessor for c�as produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eigT�th
<br /> ('/s) of tTie marizet value, at the mouth of the well, payable montTily at the prevailing market price.
<br /> 1 f no well be commenced on said land on or be f ore the �.B t day o f �UrBT'Crl , t q 1.�.1.}. , this lease shall
<br /> terminate as to both parties, unless the lessee on or before that date shall pay or tencler to the lessor,or to the lessor's credit fn The gtat� B&Ill: oP Cairo
<br /> Bank at Cairo,PJebr. or its successors, which shalI continue
<br />, as tlte cIepository regarc�Iess of ehanges in t�ie ownersy�ip of saicl lanc�, t�ie sum of y��(J.00 DOLLARS,
<br /> which shall operate as a rental and cover the privilege of c�eferring the commencement of a well for 1.� montlis from saicl date. In like manner and
<br /> upon like payments or tenders the commencement of a well may be further deferred for like periocls of the same number of months successively. ATl sucTi payments or
<br /> tenc�ers of renta�s may be made by checlz or draft of lessee or any assignee thereof, mailecl or delivered on or before tTie rental paying date, either clirect to lessor or assigns
<br /> or to saicI clepository banlz. And it is understood and agreed that the consideration f irst recited herein, the d'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 extenc�ing that period as aforesaid, and any and aIl other rigl�ts conferred.
<br /> Slioulcl the first well drilled on the above described Iand be a dry hole, then, and in that event, if a second well is not commenced on said land within twelve months
<br /> from the expiration of the last rental period for which rental has been paid, this lease shall terminate as to both parties, unless the lessee on or before the expiration of
<br /> said twelve months shall resume the payment of rentals in the same amount and in t�e same manner as hereinbefore provided. And it is agreed that upon the resump-
<br /> tion of the payment of rentals, as above proviclerl, that tl�e last preceding paragrapTi hereof, governing tTie payment of rentaTs and the effect thereof, sTiall continue in
<br /> f orce just as though there had been no interruption in the rental payments.
<br /> 1 f said lessor owns a less interest in the aboae clescribecl Iand than the entire ancl undividecC f ee simple estate therein, tlien the royalties and rentnls herein provided
<br /> shall be puicl the Iessor only in the proportion which his interest bears to the whole and undivided f ee. _
<br /> Lessee shall have the right to use, free of cost, gas, oil, anc� water proclucecl on saic� Iand for its operation thereon, except water from wells oF lessor.
<br />, VVhen requested by lessor, lessee shall bury Iiis pipe lines below plow depth.
<br /> No well shall be drilled �earer than 20o feet to the house or barn now on said premises, without the written consent of the lessor.
<br /> Lessee shall pay f or clamages eausecl by its operation to growing erops on saicl Iancl.
<br /> Lessee shal� have tlie right at any time to remove all machinery and fixtures placed on said premises, including tlte 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 lessee shaLl l�ave the right to drill such well to completion with
<br /> reasonable diligence and dispatch.,and if oil or gas, or either of them, be founc�in paying quantities, this lease shall continue and be in force with the lilze ef fect as if
<br /> such, well Tiacl been completec� within the term o f years herein f irst mentioned.
<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 hereof shall extend to their
<br /> heirs, executors, ndministrators, successors or assigns, but no change in the ownership of the land or assignment of rentals or royalties shall be binding on tlie lessee until
<br /> after the Iessee has been furnished witl� a written transfer or assignment or a true copy thereof; ancl it is hereby agreed in;the event this lease shall be assigned as to a
<br /> part or as to parts of tFie above c�eseribecl Iancls anc� the assignee or assignees of suejt part or parts shall fail or make clefault in the payment of th.e proportionate part of
<br /> the rents due f rom him or them on an acreage basis, such def ault shall not operate to de f eat or af f ect this lease in so f ar as it covers a part or parts o f saicl lands upon
<br /> whieh. the saic� Iessee or any assignee thereof shall malze due payments of said rentals. If tlie leasecl premises are now or hereafter owned in severalty or in separate tracts,
<br /> the premises, nec�ertheless, mny be deneloped nnd operated as an entirety, and tAe royalties shall be paid to eacli separate owner in the proportion that tT�e acreage owned
<br /> by hi►n bears to the entire leased area. Tl�ere shall be no obligation on the part of the lessee to offset wells on separate tracts into whicli the land covered by this lease
<br /> ma herea ter be divided b sale, devise, or otherwise, or to f urnish separate measuring or receiving tanks f or the oiI produced f rom such separate tracts.
<br /> Y I Y
<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 Iands, in the event of default of payment by lessor, and be subrogated to the rights of the holder
<br /> thereo f.
<br /> I'�� -----------�---------------------�---....-------L 1 z_z i e---Brtinho I t--------------------�-------------(SEAL)
<br /> i
<br /> Signed. sealed and delivered in presence o{ -------------------------------------------------pPt.P---Brunhol_tz---------....._......-------------.._(SEAL)
<br /> I
<br /> ------------------------------------------------ll�iat_1l:da.--Br�r�tio�-�-�-------------�---�---------(SEAL)
<br /> I ----G._C.Raven ------------------ xudalP .Brunholtz (SEAL)
<br /> -----------------------------�--- --- .._--------------------------------------------------------------------- �---------------------------------------- - - ------._.....----._...--------------------...------------
<br /> ------------------------------�-------------------------------------------------------------------�--_...----------------�----------�-----
<br /> --------�-----------------------------------------Do ratYie�._.Brunho 1_t z.....-------------------(SEAL)
<br /> ----------------------------�------------------...--------------------------------------�---------------
<br /> ----------------------------------- ---.._........---�-------------------........---------...------------------------------......_..........------------....---------...(SEAL)
<br /> ------------------�--------------------.._...-----------------------------�-------------�---------.........._.....---------•-------�-----
<br /> -----------------------•----------------------------...-------------...--------------�-----•------._...._.........-�----------------(SEAL)
<br />
|