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, �°�� <br /> B -I- OIL AND GAS LEASE <br /> Form 88�(Producers) (NEBRASKA) <br /> 21282—The Augustine Co., County Supplies, Grand Island, Nebr. <br /> FROM THE STATE OF NEBRASKA <br /> ss. <br /> Ernest G.b2yers & va� Hall County, <br /> I hereby certify that th,is instrument was entered on Numerical Index, and filecl <br /> for recorc� this 6 c�ay of /�Ll US't 19 �`2 . <br /> T� at 1 :3U o��lo�k F, M. � � <br />� Register of'D Q�s. <br /> Deputy. <br /> JOG 1�1rl�;ht Fees, $ 2;].f',' <br /> °'� <br /> Commence <br /> AGREEMENT, Made and entered into this 1.� day of June . 1g �}.1, , by ancl between <br /> Ernest G.Myer. s & Katie A�yers (husband & v+iP.e) <br /> Party of the f irst part, hereinaf ter called Iessor(whether one or more)and <br /> eT O 8 �7'3.gri t Part y o f the second part, hereinaf ter called lessee, <br /> WITNESSETH, That the said lessor, for and in consic�eration of — OI1P. — DOLLARS, <br /> cash in hancI paid, receipt of wTiich is hereby aclznowledged, and of tlie covenants and agreements hereinafter contained on tTie part of lessee to be paid, kept, and per- <br /> f ormed, has granted, demised, leased and Iet and by these presents does grant, demise, lease and let unto said lessee,f or the sole and only purpose o f mining and operating <br /> for oil and gas, ancl Iaying pipe lines, and building tanks, power stations anc�structures thereon to produce,save and talze care of said products.all that certain tract of land <br /> situated in the County of xa��- State of NEBRASKA c�escribecl as follows, to-wit: <br /> North Ha�.P.' nf North Ea�t �u�rter, Spction 2�+: <br /> of Section Townsl�ip 1-2 N Range 11. w and containing �Q acres, more or Iess. <br /> It is agreed that tl�is lease shall remain in {uli force f or a term of t,@21 years f rom this date, ancl as Iong thereaf ter as oil or gas, or <br /> either of tl�em, is produced from said land by the Iessee. <br /> In consideration 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 he may connect his wells, the equal one-eightli (�) part of aIl oiI produced and saved <br /> from the leased premises. <br /> 2nd. To pay lessor for gas from eacTi well where gas only is found the equal one-eighth (%s) of tlie gross proceeds at the prevailing marizet rate, for a[[9as used off <br /> the premises, saicl payments to be made monthzy <br /> and lessor to have gas free of cost from any such well for all stoves and all inside Iights in the principal dwelling house on said land during the same time by making �is <br /> own connections with the well at his own risk and expense. <br /> 3rcj. To pay jessor for gas proclucec� from any oil well and usecj off the premises or in t�e rr►anufacture of gasoline or any ot�er proc�uct a royalty of one-eightTi <br /> (�) of the marizet value, at the moutlt of the well, payable monthly at tTie prevailing marizet price. <br /> 1f no well be commenced on said Iand on or before the �.8� day of �t�AI'C�1 . lg }.�. , this lease sTiall <br /> terminate as to both parties, unless the lessee on or before that date shall pay or tender to the lessor>or to the lessor's credit in Tl�e ►�tar� Bank oP Cairo <br /> Bank at Cairo,Nebr. or its successors, wh��h ghaII continue <br /> as tlie clepository regarclless of changes in tlie ownersjtip of saic�lancl, the sum of ��U.�a DOLLARS, <br /> which shall operate as a rental and cover the privilege o f def erring tlie commencement o f a well f or 1.2 months f rom said date. In lilze manner ancl <br /> upon lilze payments or tenders the commencement of a well may be furtl�er deferred for lilze periods of tl�e same number of month.s successively. AlI such payments or <br /> tenders of rentals may be made by check or draft of lessee or any assignee thereof, mailed or delivered on or before the rental paying clate, either direct to Iessor or assigns <br /> or to saic� clepository banlz. 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 saicl first rental is payable as aforesaid, but also the lessee's option of extencling tTiat period as aforesaid, and any and alI other rig�ts eonferred. <br /> Should the first well drilled on tl�e above described Iand be a dry hole, then, and in that event,if a second well is not commenced on saicl land within twelve months <br /> from the expiration of tl�e last rental period for which rental has been paicl, this lease shall terminate as to both parties, unless the Iessee on or before the expiratfon of <br /> said twelve months shall resume the payment of rentals in the same amount and in the same manner as hereinbefore provided. And it is agreed that upon the resump- <br /> tion of the paymenf of rentals, as above provided, that the Iast preceding paragraph Iiereof, governing the payment of rentals and the effect thereof, shall continue in <br /> force just as though there hacl 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 and rentals herein provided <br /> sliall be puid the lessor only in the proportion which his interest bears to the whole and undivided fee. <br /> Lessee shall 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 lessor. <br /> WFien requested by Iessor, Iessee shall bury his pipe Iines below plow depth. <br /> No well shall be drilled nearer tlian 20o feet to the house or barn now on said premises, witliout the written consent oF tha lessor. <br /> I.essee shall pay for damages causecl by its operation to growing crops on said Iancl. <br /> Lessee shall have the right at any time to remove all machinery anc�fixtures placed on said premises, including the right to draw and remotie casing. <br /> If the lessee sliall commence to drill a well within the term of this Tease or any extension thereof, the lessee shall have the right to drill such well to completion with <br /> reasonable diligence and dispatch, and if oil or gas, or either of them, be {ound in paying quantities, this Iease shall continue and be in force with the lilze 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 tl�e privilege of assigning in whole or in part is expressly allowed, the wvenants hereof shall extend to their <br /> heirs, executors, acIministrators, successors or assigns, but no change in tT�e ownership of the land or assignment of rentals or royalties shall be I�inding on the lessee until <br /> after the lessee has been furnished with a written transfer or assignment or a true copy thereof; ancl it is hereby agreetl in t�e event this Ieass sT�all be assigned as to a <br /> part or as to parts of the above described lands anc� the assignee or assignees of such part or parts shall fail or make clefault in the payment of f�e proportionate part of <br /> the rents clue from him or them on an acreage basis, such, default shall not operate to defeat or a{fect this lease in so far as it covers a part or parts of said lands upon <br /> wF�icli the said lessee or any assignee thereof sl�all make due payments of said rentals. If the leased premises are now or l�ereafter owned in severalty or in separate tracts, <br /> the premises. nenertheless, mny be de,neloped and operated as an entirety, and the royalties sTiall be paid to each separate owner in the proportion that the acreage owned <br /> by him bears to the entire Ieased area. There shall be no obligation on the part of tl�e lessee to o{fset wells on separate tracts into which the Iand covered by this Iease <br /> may hereaf ter be divided by sale, devise, or otherwise, or to f urnish separate measuring or receiving tanlzs f or the oiI producecl f rom 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 Iessor by <br /> payment, any mortgages, taxes or other Iiens on the above described Iands, in the event of default of payment by Lessor, and be subrogated to the rrghts of the holder <br /> thereo{. <br /> .._......---�----------------------------------------------Erne.e.t._.G.My er.8...----....----............(SEAL) <br /> SignecT, sealecl and deliverecl in presence of ___________________________________________________________Katie B�Zyers_....__._..._._.....____.__...._...�SEAL) <br /> -------------------- --- <br /> -------------------------------------------------------------------------�----------..__._...._.....----------------�-�-------------(SEAL) <br /> . 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