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435
<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 /> I� ss.
<br />; Walter Thienel et al Hall County.
<br /> 1 liereby certify that tliis instrument was entered on Numerical Index, and filecl
<br /> for record this � day of �IU�USti �j� 19�2 .
<br /> 'I'O at 1, ;3Q o'cloclz ,P. M. �.��,�.�ud \Jd-�,=��
<br /> Register of De s.
<br /> Jo e Wri�ht Dep"t''.
<br /> Fees, $ 2, i 5 ,
<br /> '"�
<br /> �.'ommence , li
<br /> AGREEMENT, Made and entered into this 9 day o{ June , tg 1}], , by and between I�,
<br /> �
<br /> Walter �'hienel, sin�;le, Clarence B. Thien�l �,nd Maria M. Thienel, (Husband & 1�ife)
<br /> Party of the f irst part, hereinaFter called lessor(whether one or more)and
<br /> i�Oe ti�dr3�ght _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ party of t�e second part, hereinafter callecl lessee,
<br /> WTCNESSETH> That the saicl lessor, for ancl in eonsicleration of -- one -- -- - - - - - - - - - - - - - - - - DOLLARS,
<br /> cash in han�' paid, receipt of wliicli is hereby acknowledged, and of tlie covenants and agreements liereinafter contained on tlie part of lessee to be paid, kept, and per-
<br /> f ormed, has grantecl, clemised, leased and let and by these presents does grant, clemise,lease and Iet unto said Iessee,f or the sole and only purpose of mining and operating
<br /> ation and structures thereon to roduce,save and take care of said products,all that certain tract of land
<br />, r i nd as and la in i e lines and buildin tanks ower st s p
<br /> 0 o Z a , 9 , p
<br /> f
<br /> 9 Y 9PP
<br /> situated in the County of Hall State of NEBRASKA described as follows, to-wit:
<br /> North East Quarter, Section 15;
<br /> of Section Township 12 N Ranse ].1 w and containin9 16Q acres, more or less. _
<br /> It is agreed that this lease shall remain in full force for a term of ten years from this clate, and as Iong thereafter as oiI or gas, or
<br /> either of them, is produced from said Iand 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 tl�e pipe line to wliich he may connect h,is wells, the equal one-eigl�th ('/e) part of all oil produced and saved �
<br /> from the Ieased premises.
<br /> a,ncl. To pay lessor for gas from each well where gas only is found the equal one-eigh.th (�/s) of the gross proceeds at the prevailing marizet rate, for aIl gas used of f �
<br /> t�ie p�°emises, sait�payments to be macle monthly
<br /> and Iessor to have gas f ree o f cost f rom any sucli well f or aIl stoves and aII inside Iights in the principal dwelling house on saic� land during the same time by malzing his
<br /> own connections with the well at his own rislz and expense.
<br /> grd. To pay lessor for gas produced from any oil well and used off the premises or in tl�e manufacture of gasoline or any otl�er procluct a royalty of one-eighth
<br /> (�) of the market value, at the mouth of the well, payable monthly at the prevailing market price.
<br /> I f no well be commencec� on saicl land on or bef ore tl�e 1 S t', day of Mar ch , 19�� , this Iease shall �
<br /> terminate as to both parties, unless the lessee on or before that date shall pay or tender to the lessor, or to tlie lessor's credit in Tl�e State Bank Of' ria.�PO
<br /> Bank at Cairo, Nebr. or its successors, which shg1I continue
<br /> as the depository cegardless of changes in the ownership of said land, the sum of ���.�� DOLLARS, _
<br /> whicTi s�all operate as a rental and cover the privilege of deferring the commencement of a well for 12 months from said clate. In like manner and
<br /> upon like payments or tenders,the commencement of a well may be further deferrecl for lilze periods of the same number of months successively. All 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 direct to lessor or assigns
<br /> or to said depository 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 said first rental is payable as aforesaicl, but also the lessee's option of extending that period as aforesaid, and any and aII 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 seconcl well is not commenced on said land within twelve months Q"
<br /> from the expiration of the last rental period for wl�icli rental has been paicl, this lease shall terminate as to botTi parties, unless the lessee on or before tl�e expiration of �
<br /> saic� twelue months shall resume the payment o f rentals in the same amount and in the same manner as hereinbef ore pronided. And it is agreed that upon the resump-
<br /> tion of the payment of rentals, as above provided, that the Iast prececIing paragraph Iiereof, governing Clie payment of rentals and the ef fect tliereof, shall continue in
<br /> force just ns tTiougli there Tiad been no interruption in the rental payments.
<br /> 1 f said lessor owns a Iess interest in the above described land than the entire and undivided f ee simple estate tlierein, then tl�e royalties ancl rentals herein provided
<br /> shall be paid tlie lessor only in tlie proportion wl���h his interest bears to the whole and undivided f ee.
<br /> Lessee shall have the right to use, free of cost, gas, oil, and water produced on said Iand for its operation thereon, except water from well`s of lessor.
<br /> When requested by lessor, lessee shall bury his pipe lines below plow depth. �
<br /> No well shall be drilled nearer than 20o feet to the house or barn now on said premises, without the written consent of the lessor. �
<br /> Lessee sTiall pay f or damages caused by its operation to growing crops on said land.
<br /> Lessee shalC have the right at any time to remove all machinery and fixtures pTaced on said premises, including t�ie righ.t to draw and remove casing. �
<br /> I f the lessee shall commence to drill a well within the term o f this lease or any e xtension thereo f, 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 founcl in paying quantities, this lease shall continue and be in force with the like effect as if
<br /> suc�i well hacl been completed within the term of years herein first mentioned.
<br /> �
<br /> If the estate of either party hereto is assigned, and tFte privilege of assigning in whole or in part is ezpressly allowed, the covenants hereof shall extend to their �
<br /> �eirs, executors, aclministrators, successors or assigns, but no change in the ownership of the land or assignment of rentals or royalties shall be bincling on the lessee until �
<br /> af ter the lessee has been f urnisTied with a written trans f er or assignment or a true copy thereof; and it is hereby agreed in the event this lease shall be assigned as to a
<br /> part or as to parts of the above clescribed lands and the assignee or nssignees of such part or parts shall fail or make default in the payment of fhe proportionate part of
<br /> the rents due from Tiim 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 saicl lands upon
<br /> which tTie said lessee or any assignee thereo f sI�aII make c�ue payments o f said rentals. 1 f the leasecl premises are now or Tiereaf ter owned in severalty or in separate tracts,
<br /> the premises, nevertheless, mny be developed 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 Ieased 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 divided by sale, devise, or otherwise, or to furnish separate measuring or receiving tanlzs for the oil produced from such separate tracts. �
<br /> Lessor hereby warrants and agrees to clefend the title to the lands herein deseribecl, and agrees that the lessee shall have the right at any time to redeem for Iessor by .
<br /> payment, any mortgages, taxes or other liens on the above described lands, in the event of c�efault of payment by Iessor, and be subrogated to tlie rights of tlie holder
<br /> t�ereo f.
<br /> --------------------------------------------------ti�al-t�r---T1���n�l-------------------------------------(SEAL)
<br /> Signecl, sealed and delivered in presence o( __________________________________________________C1ar�n_ee-..H...Thi€ne1.-----------------�------(SEAL) �
<br />', �---------�---------------------------------------Mar_ia._.M._Thi.�nel----------------------------------(SEAL) �
<br /> I' ----�---------------------------------G._C._R�v en------------�------------------------��-------�---�------------------- .....------------�---(SEAL)
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<br /> I ------------------------------------------------------------------------------------------------------------------------------------(SEAL) �
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<br /> �------------------------------�--------------------�-------------------------.......----------..._.._.._...-------..........._...-------- ----•------------------------...-------------�-----�------�---------------.....------�--------------------------------...---�-�-----(SEAL)
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