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��.., . <br /> •W��� <br /> B -I- OIL AND GAS LEASE <br /> Forn► 88.-�(Producers) (NEBRASKA) <br /> 21262—The Augustine Co., County Suppliea, Grand Island, Nebr. <br /> �pM THE STATE OF NBBRASKA <br /> ss. <br /> Herman Brand�, single Hall County. <br /> 1 Tiereby certif y that this instrument was entered on Numerical Index, and f iled <br /> for record t�iis 6 c�ay of AUgUS�i=i�� '�2 � <br /> TO at 1,33Q o'clock P, M. �� <br /> Register of Deeds. <br /> Deputy. <br /> tT�� Wright �w� Fees, $ L�. l� <br /> �.'ommence <br /> AGREEMENT, Macle ancl entered into this � day of Jan. , lg 1}2 , by and between <br /> Herman Brandt, ( Single) <br />'� <br /> JO�' Wright - - - - - - - - - - - - - - - _ _ _ _ _ _ P�*ty of the first part, hereinaFter called lessor(whether one or more)and <br /> Part y of t�e second part, hereinafter called lessee, <br /> WITNESSETH, T�at tTie said lessor, f or and in consideration o f — p T1� - - - - - - - - - - - - - - - - - - - - DOLLARS, <br /> cash, in hand paid, receipt of wl�ich. is liereby aclznowledged, and of the covenants and agreements hereinafter contained on the part of lessee to be paid, lzept. and per- <br /> formed, has granted, demised, Ieased and let and by these presents does grant, demise, lease and let unto said lessee,for tlie sole and only purpose of mining ancl operating <br /> for oil and gas, ancl Iaying pipe lines, and building.tanks, power stations and structures thereon to produce,save and talze care of said products,all that certain tract of land <br /> situated in the County of H�3.1.1. State o}'NEBRASKA describerl as follows, to-wit: <br /> Z <br /> N. rn►. � of S.4�r. � sec. 15, <br /> of Section Townsh.ip 12 N Range 1,1 �' and containing 40 acres, more or less. <br /> It is agreed that this lease shall remain in f uIl f orce f or a term of t en years f rom this date, ancl as long thereaf ter as oil or gas, or <br /> either 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 /> ist. To deliver to the credit of lessor, free of cost, in the pipe Iine to whicl� he may connect l�is wells, the equal one-eighth (lis) part of alI oiI produced and saved <br /> f rom the Ieased premises. <br /> �,nd. To pay lessor for gas from each. well where gas only is found tT�e equal one-eighth (%s) of the gross proceeds at the prevailing marizet rate, for all gas usecl of f <br /> the premises, saic�payments to be macle mCnth]_;� <br /> anc�lessor to have gas f ree o f cost f rom any such well f or alI stoves and all inside lights in the principal dwelling liouse on said Iand during the same time by making his <br /> own connections with tl�e well at l�is own risk and expense. <br /> grd. To pay Iessor for gas produced from any oil well and used off tl�e premises or in the manufacture of gasoline or any other produet a royalty of one-eig�tth <br /> ('�) of the mar/zet value, at the moutl� of the well, payable monthly at t�e prevailing marizet price. <br /> If no well be commenced on said land on or before the ZS�, day of March . Iq ��-, tl�is lease shall <br /> terminate as to both partfes, unless the Iessee on or be f ore that date shall pay or tender to tlie lessor,or to t�e lessor's credit in The s t a t E Bank O f Ca ir o, <br /> Bank at Cairo, Nebr. or its successors, whicli s6aII continue <br /> as the depository regardless of changes in the ownership of said Iand, the sum of �2Q.Qp _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DOLLARS, <br /> which, shall operate as a rental and cover the privilege of deferring the commencement of a well for ]_2 months from said date. In Iilze manner and <br /> upon lilze payments or tenders the commencement of a well may be further deferred for like periods of the same number of months successively. AIl such payments or <br /> tenders of rentals may be made by checlz or draft of lessee or any assignee thereof, mailed or c�elivered on or before tTie rental paying date, eit�er direct to lessor or assigns <br /> or to saicl depository bank. And it is understood and agreed that the consideration f irst recited herein, the down payment, covers not only tlie privileges granted to the <br /> date when said first rentaT is payable as aforesaid, but also the Iessee's option of extenc�ing that periocl as aforesaid, and any and aIl otFier rights eonferred. <br /> Should tTie first well drilled on the above described land be a dry hole, tlien, and fn that event,if a second well is not commenced on said land with.in twelve montl�s <br /> from the expiration of the last rental period for which rental has been paid, tl�is lease shall terminate as to both parties, unless the lessee on or before the expiration of <br /> saicl twelve months s1�all resume tTie payment o f rentals in the same amount and in the same manner as hereinbe f ore provided. And it is agreed that upon the resump- <br /> tion of tTie payment of rentals, as above provided, that tl�e Iast preceding paragraph liereof, governing the payment of rentals and the ef fect thereof, shall continue in <br /> f orce just as tl�ough there had 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 prouided <br /> shall be paicl the lessor only in the proportion whieh liis interest bears to the whole and unclivic�ed f ee. <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 Iessor. <br /> When requested by lessor. Iessee shall bury his pipe lines below plow deptTi. <br /> No well shall be drilled nearer tl�nn 20o feet to the house or barn now on said premises, witTiout the written consent of tl�e lessor. <br /> Lessee shall pay for clamages caused by its operation to growing crops on said land. <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 shall commence to drill a well within the term of this Iease or any extension thereof, the lessee shall have the right to drill such well to completion with <br /> reasonable cliligence and dispatch, and if oiI or gas, or either of them, be founcI in paying quantities, this lease shall continue ancl be in force with the Iike effect as if <br /> such well hacl been eompletecl within t�ie term of years herein first mentionec�. <br /> If the estate of either party hereto is assigned, and t�e privilege of assigning in whole or in part is expressly alloioed, the covenants hereof shall extend to their <br /> heirs, executors, administrators, successors or assigns, but no change in the 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 assic�nment or a true eopy t�iereof; ancl it is �iereby agreecl in the event this lease shall be assignec� as to a <br /> - part or as to parts of the above described lands and the assignee or assignees of such part or parts sliall fail or malze clefault in the payment of the proportionate part of <br /> fhe rents clue from Tiim or them on an acreage basis, such default shall not operate to defeat or af fect this lease in so far as it couers a part or parts of said lands upon <br /> which th.e said lessee or any assignee thereof s1iall make due payments of said rentals. If the leased premises are now or hereafter owned in severalty or in separate tracts, <br /> the premises, nenertheless, may be developed and operated as an entirety, and the royalties sl�al� be paid to each separate owrier in the proportion that the acreage owned <br /> by him bears to the entire, l'eased area. There shall be no obligation on the part of the lessee to o{fset welCs on separate tracts into which the Iand covered by this lease <br /> may hereaf ter be dividecl by sale, devise, or otherwise, or to f urnish separate measuring or receiving tanlzs f or the oil produced f rom such separate tracts. <br /> Lessor hereby warrants and agrees to defend the title to the Iands herein described, and agrees that the Iessee 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 rrgl�ts of the holder <br /> thereo f. <br /> ------------------------------------------------------H-erman__Br.andt----------------....----.._.........(SEAL) <br /> Signecl, sealed and delivered in presence o{ -----------------------------------------------------H_�rm�n---Br�nd�._..-----..........-----------------(S�AL) <br /> -----------------------------------------------------------------------------------------------------------�--......----------------(SEAL) <br /> --------------�---�------------__.�Za.C_.P.au�-e-n------------------�-�-----------------...-------�-------------------------- ---......._...._...........------------------�-----....----........---�---------...._....---....-----------------------�------------(SEAL) <br /> -----------------------------------------------------------------------•-----------------------------------------._.-------.....-�--------- --------------------._...--�-------------------------------�----------------------�---------------------....__...-------------------(SEAL) <br /> ------------------------------------------------------------------------------------------------------------------------------------------� ----------------------------�----------...-------------------------------------------------------------------------�------...-------(SEAL) <br /> -------.._....-------------------------------------------------------------------------------------------------------�-----------.......--- ------------------.._...--------------------------------._.....--------------------------..._._.._...---........------------------- <br /> .(SEAL) <br />