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. . - : �i <br /> B -I- OIL AND GAS LEASE � � <br /> Forni 88�(Producers) (NEBRASKA) <br /> 21282—The Augustine Co., County Supplies, Grand Ialand, Nebr. <br /> FROM THE STATE OF NEBRASKA <br /> ss. <br /> Ha 1.Z County, <br /> LOUj.S My�rs AriC�. W�f@ 1 hereby certi{y that th�s instrument was entered on Numerical Index, ancl filed <br /> f or record this 6 day of AU�U S � tq 4� , <br /> To at 1: ;0 0'�lo�k P. M. <br /> Register of� <br /> Joe Wright <br /> Deputy. <br /> Fees, $ 2. 15 <br /> ' ;i <br /> i <br /> �.'ommence <br /> AGREEMENT, Made and enterecl into this 26 clay of �f13T , tg �� , by and between <br /> Louis Meyers and Mrs. Louis Myers, Husband & ��ife <br /> Part o the irst part,hereinafter called lessor(whether one or more)and <br /> Y f f <br /> eT0 2 '►�r i gh t — — — — — — — — — — — — — — — — — — — — ' — — — ' Pa*ty of the se.cond part, hereinaf ter called lessee, <br />'', WI7'1V�SS$TH, Tliat the said lessor, for anc� in consic�eration of ---- 0112 -----�---y-'-'—__—_-'-'—`�--'��__'-'__'_"�� DOLLARS, <br /> cash in hanc� paid, receipt of which is hereby aclznowledged, and of tlie covenants and' agreements l�e.reinafter contained on the part of lessee to be paid, kept, and per- <br /> formecl, has grantecl, demised, leased and Iet and by these presents does grant, demise,lease and let unto said lessee,for tl�e sole ancl only purpose of mining and operating <br /> for oiI anc�gas, ancl Iaying pipe lines, and building tanlzs, power stations and structures tliereon to proc�uce,save and take care of saicl procIucts,all that certain tract of land <br /> situated in t1�e County o{ Hall State of NEBRASKA described as follows, to-wit: <br /> �outh Half of Seetion 9, �ownship 12, N. Range 11 w. <br /> of Section Townsliip Range ancl containing 32� acres, more or less. <br /> It is agreed that tliis Iease shall remain in full force for a term of �gn years from this date, and as Iong thereafter as oiI or gas, or <br /> either of them, is produced from said land by tlie Iessee. <br /> In consideration of the premises the said lessee covenants and agrees: <br /> ist. To deliver fo tlie credit of lessor, free of cost, in the pipe line to wliich he may connect his wells, the equal one-eighth ('/s) part of all oiI produced and saved <br /> f rom tlie leased premises. <br /> 2nd. To pay lessor for gas from each well where gas only is found the equal one-eighth (�/s) of tlie gross proceeds at the prevailing market rate, for aII gas used of f <br /> t�,e premises, said payments to be macle mo n th1 y <br /> ancl lessor to have gas f ree o f cost f rom any such.well f or alI stoves and alI inside lights in tlie principal clwelling house on said land during the same time by making his <br /> own connections with the well at his own rislz and e.apense. <br /> 3rd. To pay lessor for gas proc�uced from any oil well and used off the premises or in the manufacture of gasoline or any ot�ier procluct a royalty of one-eig�ith <br /> (�) of tTie market value, at the mouth of the well, payable monthly at the prevailing marizet price. <br /> If no well be commenced on saicl Iand on or before tl�e ]„gt day of Mareh . tq�� , this lease Shall <br /> terminate as to both parties, unless tl�e lessee on or before that date shall pay or tender to the Iessor,or to tlie lessor's credit in T�e Stat,g Bank Of' L'a.�T'O <br /> Bank at Cairo, Nebr. or its successors,which sl�all continue <br /> as the depository regardless of changes in tlie ownership of said Iand, the sum of �a,6o.QQ DOLLARS, <br /> which shall operate as a rental and cover the privilege of c�eferring the commencement of a well for 12 months from said cIate. In like manner and <br /> upon lilze payments or tenc�ers the commencement of a well may be further deferred for Iike periods of tlie same number of months successively. All such payments or <br /> tenclers of rentals may be made by clieck or draft of lessee or any assignee thereof, mailed or deliverecl on or before the rental paying date, eit�ier direct to lessor or assigns <br /> or to said depository bank. And it is understood and agreed tliat the consideration f irst recited herein, the down payment, covers not only the privileges grantecl to the <br /> clate when said first rental is payable as aforesaid, but also the lessee's option of extending that period as aforesaid, and any and all other riglits conferred. <br /> Should the first well drilled on the above described land be a dry hole, tlien, anc�in tliat 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 Tease sl�all 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 tlxe same manner as hereinbefore provided. And it is agreed th.at upon the resump- <br /> tion of tlie payment of rentals, as above provided, that the last preceding paragraph hereof, governing t�e payment of rentals and the effect thereof, shall continue in <br /> force just as though there Tiad been no interruption in the rental payments. <br /> If saicl lessor owns a less interest in the above clescribecl Iand than the entire and undivided fee simple estate therein, then the royalties and rentals herein provided <br /> sliall be pciicl the lessor only in the proportion which his interest bears to the whole and undivided fee. <br /> Lessee s�all l�ave 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 /> Wlien requested by lessor, Iessee shall bury his pipe Iines below plow deptTi. <br /> No well shall be drilled nearer thnn 20o feet to the house or barn now on said premises, witl�out the written consent of the lessor. <br /> Lessee sliall pay f or clamages eausecl by its operation to growing crops on saic� lanc�. <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 /> I f the lessee shall commence to drill a well within the term o f this lease or any e xtension thereo f, the Iessee shall have the right to drill such well to completion with <br /> reasonable cliligence and' dispatcl�, and if oiI or gas, or eitlier of them, be founc� in paying quantities, this lease shall continue and be in force with the like effect as if <br /> such well had been completed within the term of years herein first mentioned. <br /> If tl�e estate of eitltier party Tiereto is assigned, and the privilege of assigning in wh.ole or in part is expressly allocued, the covenants l�ereof shair extend to their <br /> heirs, executors, administrators, successors or assigns, but no change in the ownersl�ip of the Iand or assignment of rentals or royalties shall be binding on t�e Iessee until <br /> after the Iessee has been furnished with a written transfer or assignment or a true copy thereof; and it is hereby agreed in t�e event tliis lease shall be assigned as to a <br /> part or as to parts of the above d'escribed lands and the assignee or assignees of such part or parts shall fail or make default in the payment of tAe 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 leasecl premises are now or hereafter owned in severalty or in separate tracts, <br /> t�e premises, nenertheless, mny be de�,eloped and operated as an entirety, and the royalties shall be paicl to each separate owner in the proportion that the acreage owned <br /> by T�tm bears to the entire. Ieased area. There shall be no obligation on th,e part of the lessee to of fset wells on separate tracts into wTiicl� the lancl covered by tliis lease <br /> may liereaf ter be t�ivic�ecl 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 lands herein described, and agrees that the lessee shall have t�e right at any time to redeem for lessor by <br /> payment, any mortgages, taxes or other liens on the above described Tands, in the event of default of payment by lessor, and be subrogated to the rights of the holder <br /> thereo{. <br /> ---�----------------------------------------------------Lo u i s...My er s-----------.._:.....---------....._..---(SEAL) <br /> Signecl, sealecl ancl c�eliverec� in presence of --------------------------------------------------------Mr.s-----L�na._..My.ers.........------.._.._....._(SEAL) <br /> �--�-----------------------�------------------------....----------------------------........------------._..._...----.....-�----�---(SEAL) <br /> G. 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