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<br /> B -I- OIL AND GAS LEASE
<br /> Forni 88�(Producers) (NEBRASKA)
<br /> 21262—The Augustine Co., County Supplies, Grand Island, Nebr.
<br /> �pM THE STATE OF NEBRASKA
<br /> ss. .
<br /> Ha,1.1. County,
<br /> Lawr e n c e A.Ki rk Ari(� wi f e C hereby certif y that this instrument was entered on Numerical Index, and f iled
<br /> f or record this �j r,j1 day of AU U 5 ti 19 �2 .
<br /> TO at 1: �j 0 o'clock p. M.
<br /> Register of Dee .
<br /> , Deputy.
<br /> tT0@ Wri�ht Fees, $ 2• ��
<br /> Commence
<br /> AGRE$MENT, Made and entered into this 2 day of �une ` . lg�}], , by and between
<br /> A K r - V rn Kirk H ; and & .Wif
<br /> Lawrence . i k e a , ( u5b e)
<br /> Party of the first part, hereinafter called lessor(whether one or more)and
<br /> cT p G ��Tr i gh t _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ � p�� o f the second part, hereinaf ter calTed lessee,
<br /> WITNESSETH, That the sai�I Iessor, for anc�in consideratidn of -------One ----- — — — — — — — — — — — — — — — DOLLARS.
<br /> cas�i in liancl paicl, receipt of w�iicli is hereby acknowlec�ged, anc� of the couenants anc� agreements hereinafter containecl on tlie part of lessee to be paid, Izept, and per-
<br /> formed, l�as granted, demised, leased and let and by tTiese presents does grant, demise, Iease and let unto said lessee,for the sole and only purpose of mining and operating
<br /> for oil and gas, and Iaying pipe lines, ancl building tanks, power stations and structures tliereon to produce,saue and taTze care of said proclucts,all that certain tract of land
<br /> situated in the County of Hc'�,Z.l State of NEBRASKA clescribed as follows, to-wit:
<br /> North west Quarter, and West Half of North East Quarter, Section 16;
<br /> o f Section Township �-2 N Rdnge 1�- � and containing 2� acres, more or Iess.
<br /> It is agreed tTiat this lease sl�all remain in f ull f orce f or a term o{ t e n years f rom this date, and as long thereaf ter as oiI or gas, or
<br /> eitl�er o f tliem, is producecl f rom said Iand by the Iessee.
<br /> In consideration of the premises the said lessee covenants anc� agrees:
<br /> tst. To deliver to the credit of lessor, free of cost, in the pipe line to wl�ich �e may connect his wells, the equal one-eighth (�) part of all oiI produced and savecl
<br /> f rom the leased premises.
<br /> 2nd. To pay lessor for gas from each well where gas only is found the equal one-eighth (�/s) of the gross proceeols at the prevailing market rate, for all gas used off
<br /> the premises, saicl payments to be made Monthly
<br /> and lessor to �iave gas free of cost from any sucl�well for alI stoves and alI inside lights in the principal dwelling house on said land during the same time by making hPs
<br /> own connections with tTie well at his own risTz and ezpense.
<br /> 3r�1. To pay lessor for gas produced from any oil well and use� of f the premises or in the manufacture of gasoline or any other product a royalty of one-eighth
<br /> (lia) o{ the marizet value, at th�e mouth of the well, payable monthly at the prevailing market price.
<br /> If no well be commenced on said land on or before the Z S t c�ay of Mar eh , iq�� , this Iease shall
<br /> terminate as to both parties, unless the lessee on or before that date shall pay or tender to tlie lessor,or to the lessor's credit in The �,�j'j',�t@ Bank Of' Cairo
<br /> Bank at Cg'I.T'O� NebT'.' : or its successors, wh��h 3halI continue
<br /> as the clepository regardless of changes in the ownersl�ip of said land, the sum of �120.�� — — — — — — — — — — — — — — DOLLARS,
<br /> wl�ich shall operate as a rental and cover the privilege of def erring tlie commencement o f a well f or 12 months f rom said date. In lilze manner ancl
<br /> upon like payments or tenders the commencement of a well may be further deferrec� for like periocls of the same number of montTis successively. AlI such payments or
<br /> tenders of rentals may be made by check or draft of lessee or any assignee thereof, mailed or c�eliverecl on or before the rental paying clate, either direct to lessor or assigns
<br /> or to saicl clepository bank. Ancl 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 f irst rental is payable as aforesaid, but also the Iessee's option of extending that period as aforesar.d, ancl any and aIl other rights conferred.
<br /> Should the first well drilled on the above described land be a dry hole, then, ancl in that event, if a seconcl well is not commenced on said Iand within twelve months
<br /> from the expiration of the Iast rental period for which rental has been paicl, this lease shall terminate as to both parties, unless the lessee on or before the expiration of
<br /> saicl twelve months shall resume the payment o f rentals in the same amount and in the same manner as hereinbe f ore provided. And it is agreed that upon tlie resump-
<br /> tion of tlie payment of rentals, as above provided, that the last preceding paragraph hereof, governing the payment of rentals and the ef fect thereof, shall continue in
<br /> force just as thougl� there had been no interruption in the rental payments.
<br /> 1}' saicl lessor owns a less interest in tlie above described Iand than the entire and undivided f ee simple estate therein, then the royalties and rentals herein provided
<br /> shall be paid the lessor only in the proportion which l�is 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�and for its operation thereon, except water from wells of lessor.
<br /> When requested by lessor, lessee shaii buTy h� pipe Iines below plow depth.
<br /> No well shall be drillecl nearer than 20o feet to tlie Tiouse or barn now on saic�premises, with.out the written consent of the Iessor.
<br /> Lessee shall pay f or damages caused by its operation to growing crops on said land.
<br /> Lessee sJiall have t�ie rigjit at any time to remove all maehinery anc�fixtures placec�on saicl premises, inelucling the right to cjraw anc�remove easing.
<br /> If the lessee shall commence to drill a well within the term of this lease or any extension thereof, the lessee shall have the right to drill such well to completion with
<br /> reasonable diligence and dispatc�, and if oil or gas, or either of them, be founcl in paying quantities, this Iease 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 the estate of either party hereto is assigned, and the privilege of assigning in w�ole or in part is expressly allo�uec�, t�e covenants hereof shall extend to t�eir
<br /> heirs, executors, administrators, successors or assigns, but no change in the ownership of tlie land or assignment of rentals or royalties shall be binding on tlie Iessee until
<br /> after the Iessee Fias been furnished with. a written transfer or assignment or a true copy thereo{; 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 described Iands and the assignee or assignees of such part or parts shall fail or malze default in tlie payment of tTie proportionate part oF
<br /> the rents due from h,im 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 /> whicli t�e saic� lessee or any assignee tl�ereof shall malze due payments of saicl rentals. If the leased premises are now or hereafter owned in severalty or in separate tracts>
<br /> the premises, nenertheless, may be det�eloped and operated as an entirety, and the royalties shall be paid to each separate owraer in the proportion that the acreage owned
<br /> by Tiim bears to the entire Ieasecl area. There shall be nb obligation on the part of the lessee to of fset wells on separate tracts into which the land covered by this lease
<br /> may hereaf ter be clivided by sale, devise, or otherwise, or to f urnisl� separate measuring or receiving tanks f or the oil produced f rom sucl� separate tracts.
<br /> Lessor Tiereby 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 lessor by
<br /> payment, any mortgages, taxes or other liens on the above described lands, in the event of default of payment by Iessor, and be subrogated to the rrgl�ts of the holder
<br /> thereo f.
<br />' ----------------------------------------------�--Lawr e n c e---�.,.K irk------------------------------..._(SEAL)
<br /> Signed, sealed and delivered in presence of --------------------------------------------------��.u_a....Y.�xl��..._�.1X'k.-----.-------.-------------------(SEAL)
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