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- <br /> . <br /> . �3 <br /> B -I- OIL AND GAS LEASE <br /> Form 88�(Producers) (NEBRASKA) <br /> 21262—The Augustine Co., County Supplies, Gra.nd Island, Nebr. - <br /> FROM THE STATE OF NEBRASKA <br /> ,ry . <br /> ss. <br /> � . <br /> HQ�.�. �,'ounty, <br />� cTAI11P,8 V`datkins, single I hereby certify t�iat th,is instrument was entered on Numerical Index, and filed <br /> f or recorc� t�iis 6 day of AU g118 t 19 �2 • <br /> TO � at � :�0 o'clock� F. M. ���„�ati�� <br /> Register of� <br /> Joe Wri�;ht DeP"t''. <br /> Fees, $ 2;1 5 <br /> „?� <br /> �.'ommence <br /> AGRE$MENT, Made and entered into this �th day of �'�'8t7 , iq ZI-'� , by and between <br /> Jame� V�atkins, ( Sin�Ie) <br /> , <br /> Party o f the f irst part, hereinaFter called lessor(whether one or more)and <br /> J o e �T�.�tl� Party o f the second part, hereinaf ter called lessee, <br /> WITNESSETH, T�at the said lessor, for and in consideration o{ ---one—__ DOLLARS, <br /> cash in hand paid, receipt of wliich is liereby aclznowledged, and of the covenants and agreements hereinafter contained on the part of lessee to be paid, Izept, and per- <br /> {ormed, has grantecl, demised, leased and Iet and by these presents does grant, demise,Iease and Iet unto said Iessee,f or the sole and only purpose of mining and operating <br /> for oil ancl gas, anc� Iaying pipe lines, and building tanlzs, power stations ancl structures thereon to produce,save and take care of said products, all tTiat certain tract of land <br /> situated in the County of xa�1- State of NEBRASKA described as follows, to-wit: <br /> North Ha1f oi' South East G�uarter,�.nci south Y�est Qut�rter of North East auarter, Section 1�; <br /> of Section I� Township 7_� �j Range 1.1. �r and containing 1�U acres, more or less. <br /> It is agreed that this Iease shall remain in f uII f orce f or a term o f t 811 years f rom this date, and as Iong thereaf ter as oiI or gas, or <br />, either of them, is proclucec�from said land by the Iessee. <br /> In consideration of the premises the said lessee covenants and agrees: <br /> tst. To deliver to the credit of Iessor, free of cost, in tlie pipe line to which he may connect his wells, the equal one-eighth (�) part of aIl oiI produced and saved <br /> f rom t�ie�leasec�premises. <br /> 2nc�. 7'o pay lessor for gas from eac�.well where gas only is found t�e equal one-eigltth �%8I of the gross proceeds at the preuailing market rate, for all gas usecj of f <br /> the premises, said payments to be macle r�onthly <br /> and lessor to have gas f ree o f cost f rom any sucA well f or all stoves and all inside Iights in tF►e principal dwelling house on said land during the same time by making his <br /> own connections with the well at T�is own risTz and expense. <br /> 3rd. To pay lessor for gas produced from any oil well and used of f the premises or in tTie manufacture of gasoline or any other product a royalty of one-eighth <br /> ��s� of the market value, at the mout�. of the well, payable monthly at t�e prevailing market price. <br /> If no well be commenced on said land on or before tlie ZH� day of �ilf�,2'C�'1 , iq 4� , this lease shall <br /> terminate as to both parties, unless the Iessee on or before that date shall pay or tender to the lessor,or to the lessor's credit in Tl�e ►Qit&tG Bank Of Q��,t?O <br /> Bank at Caira, Nebr. or its successors, .�6��h shalI continue <br /> as tl�e olepository regardless of changes in the ownership of said land, the sum of �6�.0� DOLLARS, <br /> which shall operate as a rental and cover the privilege of deferring the commencement of a well for 1.2 months from said date. In like manner and <br /> upon like payrieents or tenclers the commencement of a well may be further deferred for like periocls of tlie 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 delivered on or before the rental paying date, either c�irect to lessor or assigns <br /> or to said deposftory bank. And it is understood and agreed that the consideration f irst recitecl herein, the down payment, covers not only the privileges granted to the <br /> date when said first rental is payab�e as aforesaid, but also the lessee's option of extending that period as aforesaid, and any and all other rights conferred. <br /> Slioulrl the first well clrillec� on the above described land be a dry hole, tlien, ancl in that event, if a seeonc�well is not commeneec�on saicl Iancl witllin twelve mont{ts <br /> f rom the expiration of the last rental period f or wliicli rental has been paid, this lease sl�all terminate as to both parties, unless tlie lessee on or bef ore th,e 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 tt is agreed that upon tTie resump- <br /> tion of tlie payment of rentals, as above provided, tT�at the Iast preceding paragraph Iiereof, governing the payment of rentals anc� th,e effect tl�ereof, shall continue in <br /> force just as thoug�. t�ere �ad been no interruption in the rental payments. <br /> If said lessor owns a Iess interest in tFie above described land than the entire and undivided fee simple estate therein, tlien the royalties ancl rentals herein provided <br /> shall be puid the lessor only in tlie proportion whicli Iiis interest bears to tlie w1�ole and undivided fee. <br /> Lessee shall have the right to use, free of cost, gas, oil, and water proclucecl on said land for its operation thereon, except water from wells of lessor. <br /> When requested by lessor, Iessee shall bury his pipe lines below plow depth. <br /> No well shall be drilled nearer than 20o feet to tl�e house or barn now on said premises, without tlie written consent of th.e lessor. <br /> Lessee shall pay for damages caused by its operation to growing crops on said land. <br /> Lessee shall have the riglit at qny time to remove all maehinery anc�fixtures placec� on saicl premises, incluc�ing the rigFtt to clraw antl remove easing. <br /> If the lessee shall commence to drill a well within the term of this lease or any extension thereof, the lessee s1iall have the right to drill such well to completion with <br /> reasonable diligence and dispat�h, and if oil or gas, or either of them, be found in paying quantities, this lease shall continue and be in force with the lilze effect as if <br /> sucl� well hacl been completed within tl�e term of years lierein first mentioned. <br /> If the estate of either party hereto is assigned, and the privilege of assigning in whole or in part is expressly allocued, the covenants hereof shall extend to their <br /> 1�eirs, executors, administrators, successors or assigns, but no change in tlie ownersliip of the Iancl or assignment of rentals or royalties shall be binding on the lessee until <br /> af ter the lessee has been f urnrslied with a written transf er or assignment or-a true copy thereo f; and it is hereby agreed in the event this lease shall be assigned as to a <br /> part or as to parts of the a�iove described Iands and the assignee or assignees of such part or parts shall fail or malze default in the payment of tTie proportionate part of <br /> the rents clue from him or them on an acreage basis, such default sliall not operate to defeat or af fect this lease in so far as it covers a part or parts of said lands upon <br /> whicl� the said lessee or any assignee thereof shall malze 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 c�enelopec� and operated as an entirety, and tlie royalties sTiall be paid to each, separate owner in the proportion that the acreage owned <br /> by him bears to the entire, leased area. There shall be no obligation on the part of the lessee to of fset wells on separate tracts into which the Iand covered by this lease <br /> may hereafter be divided by sale, devise, or otherwise, or to furnisli separate measuring or receiving tanTzs for the oil produced from sucTi separate tracts. <br /> Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees tTiat the lessee shalT 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 default of payment by lessor, and be subrogated to the rigl�ts of the holder <br /> thereof. <br />�I ---------------------------------------------------------------Jt�rr e s---Wa tk_i ns---------------------------(SEAL) <br /> Signed, sealed and delivered in presence o{ ----------------------------------------------------�-------......----�--......----.....-----�-�--------------------.._..--�-----.._(SEAL) <br /> .....---�...................�---------�------------------------------------------------------------._..-----------------._....._....(SEAL) <br /> ------------------�------------------------------- - - - ---------�----------------------------------------�---------.........------- -----�---------------------------------------._...---------..._...._......._._....._..._.......---------------�------...------------(SEAL) <br /> ----�---------------------------------------------------------------------�------------.._---------------------------------�--------------- <br /> -----------------------------------------------------------------------------------------------------------�------------------------(SEAL) <br /> --------------------------------------------------------------------------------------------------------------�-�---�-----...._..---�------ --------------------------------------------------------------...----- <br /> --------------------------------------------------------------(SEAL) <br /> -------------------------------------------------------------�-----------�---..........-------...-----•---•--...--------..._......-------- ---•---------------•------------------------------------------------------------•---------....----------------------.....---..._.---(SEAL) <br />