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- � �. � � 47
<br /> B -i- OIL AND GAS LEASE '
<br /> Form 88�--�(Producers) (NBBRASKA)
<br /> 21282—The Augustine Co., County 3upplies, Grand Island, Nebr. .
<br /> FROM THE STATE OF NEBRASKA
<br /> ss. '
<br /> Hall �.'ounty,
<br /> Pe t er SCY1U�.tiZ Jr. e t', al I hereby certify that tl�is instrument was entered on Numerical Index, and f iled
<br /> for recorcl tliis 6 day of AU UStin ig�2 ,
<br /> TO at 1-� 3d o'clock P• M. ��.t�"�r�tict __
<br /> Regrster of Dee s.
<br /> - Deputy.
<br /> Fees, $ 2. 15
<br /> Joe Wright
<br /> ..F�,
<br /> �
<br /> �.'ommence
<br /> AGREEMENT, Made and entered into this 6 ti�l day of Feb• > tg�}2 , by and between ,
<br /> Peter Jr. anc�. Emma ���Ba���tz (Husband & Wife)
<br /> Otto 8chultz & Dora Schultz (Husband & 'Wife)
<br /> cT O E,' Wr i h t _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party o-f the f irst part, hereinaf ter called lessor(whetl�er one or more)and
<br /> � PariY of the second part, Tiereinafter called lessee,
<br /> WITNESSETH, Tliat the said lessor, for and in consideration of ---one ------------------------------------- DOLLARS,
<br /> cash in hand paid, receipt of wliicli is hereby aclznowleclgecl, and o{ the covenants and agreements liereinafter contained on the part of Iessee to be paid, kept, and per-
<br /> f ormed, has granted, demised, leased and let and by tTiese presents does grant, demise,lease and let unto said lessee,f or the sole ancl only purpose of mining and operating
<br /> for oil and gas, and laying pipe lines, and bu�lding tanks, power stations and structures tliereon to produce,save and take care of saicl products,all that certain tract of land
<br /> situated in the County of Ha�-�- State of NEBRASKA described as follows, to-wit:
<br /> North East Quarter, Section �
<br /> of Section Township 12 N Range ZZ � and containing 1.60 acres, more or less. ^
<br /> lt is agreed tliat this lease shall remain in fuTl force for a term of ten Years from this cIate, and as long thereafter as oil or gas, or
<br /> either of tliem, is produoed f rom said land by the Iessee.
<br /> � In consicleration of tTie premises the said lessee covenants and agrees:
<br /> tst. To deliver to the credit of lessor, free of cost, in the pipe line to w�.icTi 1�e may connect his cuells, tTie equa� one-eigFttTi. {1/a) part of all oiI produced and saved �
<br /> f rom the leased premises. �
<br /> 2nd. To pay lessor for gas from each well where gas only is found the equal one-eigh,th (�/s) of tlie gross proceeds at the prevailing market rate, for aIl gas used off
<br /> the premises, said payments to be macle mo n th1 y
<br /> an�lessor to have gas f ree o f cost f rom any sucTi well f or all stoves and all inside Iights in flie principal clwelling Iiouse on said land cluring the same time by malzing his
<br /> own connections with t�ie well at his own risk and expense. �0
<br /> grd. To pay lessor for gas produced from any oiI well and usecl of f the premises or in the manufacture of gasoline or any other product a royalty of one-eighth
<br /> (�) o f the market value, at the mouth o f the well, payable monthly at the prevailing market price. �
<br /> 1 f no well be commenced on said land on or bef ore the �.S t day of Mar eh . tc��. , this lease shall
<br /> terminate as to both parties, unless the lessee on or be f ore that date sl�all pay or tender to the lessor,or to tl�e lessor's credit in The s t a,t@ $8I1� O f' Ca ir o
<br /> BanTz at Ca i r o, N e b r. oe its successors,which slialI continue '
<br /> as the depository regardless of changes in the ownership of said Iand, the sum of �S`�.Q� — — — — — — — — — — — — — — — — DOLLARS,
<br /> which. shall operate as a rental and cover t�e privilege of deferring the commencement of a well for 12 mont�is from said clate. In like manner and �
<br /> upon Iilze payments or tenders tlie commencement o f a well may be f urther c�e f errec� f or like periods of tl�e same number o f monflis successively. AII such payments or ��
<br /> tenclers of rentals may be made by checlz or draft of lessee or any assignee thereof, mailed or delivered on or before the rental paying date, either direct to lessor or assigns t�
<br /> or to said depository bank. And it is understood and agreed that the consideration f irst recitecl herein, the clown payment, covers not only tl�e privileges granted to the •
<br /> c�ate when said first rental is payable as aforesaid, but also the lessee's option of extending that period as aforesaid, and any and aII other rights conferred. �
<br /> Should the first well clrillecl on the above described land be a dry hole, then, and in that event, if a seconcl well is not commenced on saicl Iand within twelve months
<br /> from the expiration of the last rental period for which rental has been paid, this lease shall terminate as to botli 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 the same manner as l�ereinbefore provided. And it is agreed that upon tl�e resump-
<br /> tion of the payment of rentals, as above provided, that tl�e Iasf prececling paragraph hereof, governing the payment of rentals anc� the ef fect thereof, shall continue in
<br /> {'orce just as thougl� tl�ere liad been no interruption in the rental payments.
<br /> I f saicl lessor owns a less interest in the above described land than the entire and undivided f ee simple estate t�erein, then tl�e royalties and rentals herein provided �
<br /> shall be paicl the lessor only in the proportion wliich liis interest bears to tlie whole and undivided 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 lessor. �
<br /> When requested by Iessor, 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 shall pay f or c�amages causecl by its operation to growing crops on said lancl. �p
<br /> Lessee shall have the right at any time to remove alI machinery and fixtures placed on said premises, including the right to draw and remove casing. �
<br /> 1 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 riglit to drill such well to completion with '
<br /> reasonable diligence and dispatch, and if oiI or gas, or eitl�er of them, be found in paying quantities, this lease shall continue and be in force with, the like effect as if
<br /> such well had been completed within tTie 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 expressly allowed, the covenants hereof sTiall extend to their
<br /> l�eirs, executors, administrators, successors or assigns, but no change in the ownership of the land or assignment of renta[s or royalties shall be binding 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 agreed in the event this lease shall be assigned as to a
<br /> part or as to parts of the above c�escribed Iands and the assignee or assignees of such part or parts shall fail or make defuult in the payment of t�ie proportionate part of
<br /> the rents c�ue from him 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 said lessee or any assignee thereof shall make due payments of said rentals. If the leased premises are now or hereafter owned in severalty or in separate tracts,
<br /> the premises. nei�ertheless, may be deneloped and operated as an entirety, and the royalties sTiall be paid to each separate owrier in the proportion that the acreage owned
<br /> by him bears to the entire leasec�' area. There sliall be no obligation on the part of tlie lessee to offset wells on separate tracts into whic�i the land coverecl by tltiis lease
<br /> may herea{ter be divided by sale, devise, or otherwise, or to f urnish separate measuring or receiving tanks 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 lessee shall have the right at any time to redeem for lessor by
<br /> payment, any mortgages, taxes or other Irens on the above described lands, in the event of de{ault of payment by lessor, and be subrogated to the rights of tlie holder
<br /> thereof.
<br /> -----------------------------------------------p e t-�-r---S_�hul t Z---Jx'......._.....----�---------------(SEAL)
<br /> II' Si nec� sealed and delivered in presence of _______________________________________________Emma___S._gchultz__.._________________________._..__.____�SEAL)
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<br /> ----------------�--------------------------------------�--------------------------------------------------------.....-----....------------ -----�-�--...----------------------------------Dora---SchultZ------.......----------------------�------�---(SEAL)
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