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J• <br /> �4, <br /> ��, <br /> •�,��� <br /> B -I- OIL AND GAS LEASE <br /> Form 88.-•(Producers) (NEBRASKA) <br /> 21262—The Augustlne Co., County 8upplies, Grand Island, Nebr. <br /> FROM THE STATE OF NEBRASKA <br /> ss. <br /> Geor�e A.Heu�el widov�er Hall County. <br /> I liereby certify that this insfrument was enterecd on Numerical Index, and filed <br /> � for recorc� t�iis 6 day of AUgU$t ig �}2 , <br /> TO at ]. ;3� o'clock P.M. ���� <br /> Register of Dee s. <br /> Joe WrS��iti ' Deputy. <br /> .�''., <br /> Fees, $ �:�.5 <br /> �.'ommence <br /> AGREEMENT, Made and entered into this ��.�� day ot April , ig�}]. , by and between <br /> Geor�;e A.HP,U�P,Z (v�idower) <br /> Party of the first part, hereinafter called lessor(whether one or more)and <br /> J O� ti*�r'a�h t Part y' o f the second part, hereinaf ter called lessee, <br /> WITNESSETH, 7'liat t�ie said lessor, for and in consicleration of -- f721f' —_ DOLLARS, <br /> cash in liand paid, receipt of which is liereby aclznowledgec�, and of tlie covenants and agreements hereinafter contained on tlie part of lessee to be paid, lzept, ancl per- <br /> f ormed, lias granted, demised, leased and let and by tl�ese presents does grant, demise, Iease and let unto said lessee,f or the sole ancl only purpose of mining and operating <br /> for oil anc�gas, ancl Iaying pipe lines, and builcling tanks, power stations and stru,etures thereon to procluce,save ancl take care of said products,all that certain tract of Iand <br /> situated in the County of x��-1- State of NEBRASKA described as follows, to-wit: , <br /> Pdorth �ialf oP Sec.�; <br /> , � <br /> of Section Township Z� � Range I,Z w and containing �j�U acres, more or less. � <br /> \� <br /> It is agreed that this lease shall remain in f ull f orce f or a term o f t E'n years f rom tliis date, and as long tliereaf ter as oil or gas, or `� <br /> either of them, is produced from said land by the Iessee. . <br /> In consideration of the premises the said lessee couenants and agrees: <br /> ist. To cleliver to tl�e credit of lessor, free of cost, in tlie pipe line to whicli he may connect liis wells, the equal one-eigl�th (1/s) part of all oil proclucecl and saved _ <br /> f rom the leased premises. <br /> 2nd. To pay lessor for gas from eacTi well wliere gas only is found tl�e equal one-eighth (�/s) of the gross proceeds at the prevailing market rate, for all gas usecl of f <br /> the premises, said payments to be made montih3.y <br /> and lessor to have gas free of cost from any such well for all stoves and all inside Iights in the principal dwelling �ouse on said Iand during the same time by making I�is �- <br /> own connections with the well at his own risk and expense. � <br /> 3rd. To pay Iessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eig�ith <br /> ('�) of the market value, at the mouth of the well, payable monthly at tl�e prevailing marizet price. <br /> If no well be commenced on said land on or before tlie Z.St'+ day of �'I�reh , tq�}� , this lease shall <br /> terminate as to both parties, unless the lessee on or before that date shall pay or tencler to tl�e Iessor, or to the lessor's credit in The ►gtRt@ IIank Of ri&�Y'O <br /> Ban1z at �iAj-Y'O��E'�7Y'. or its successors, which shall continue ' <br /> as tlie depository regardless of cl�anges in tlie ownership of said land, the sum of �p`�6�.G�0 DOLLARS, �� '' <br /> which shall operate as a rental and cover the privilege of cleferring the commencement of a well for 1-� months from said clate. In like manner ancl <br /> upon Iilze payments or tenders the commencement of a well may be further deferrecl for Iilze periocls of the same number of months successively. All such.payments or <br /> tenders of rentals may be made by checlz or draft of lessee or any assignee thereof, mailed or cleliverec� on or before the rental paying date, eit�er direct to lessor or assigns - <br /> or to said depository bank. And it is understood ancl agreecl that the consideration f irst recited herein, the clown payment, covers not only the privileges grantecl to the <br /> date when said first rental is payable as aforesaid, but also the Iessee's option of extending that period as aforesaicl, ancl an,y an�I aII otlier rigFtts conferred. Q <br /> Should the first well drilled on the above described Iand be a dry hole, then, and in that event,if a second well is not commenced on said land within twelve months �" <br /> from tTie expiration of the last rental period for which rental lias been paid, tTiis lease sliall terminate as to both parties, unless the lessee on or before tlie expiration of � <br />' saic� twelve months shall resume the payment o f rentals in the same amount and in the same manner as �iereinbef ore provicled. And it is agreed tliat upon the resump- <br /> , tion of the payment of rentals, as above provicled, that the last prececling paragraph hereof, governing the payment of rentals and the ef fect thereof, sliall continue in � ,. <br /> force just as tTiough 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 provided <br /> shall be paicI the lessor only in the proportion which his interest bears to the whole and unc�iviclec� fee. <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 drille�l nearer than 20o feet to the house or barn now on said premises, without the written consent of tTie lessor. � <br /> I.essee shall pay for t�amages eausecl by its operation to growing erops on saicl Iancl. � <br /> Lessee shall have the right at any time to remove aIl 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 lease or any extension thereof, the Iessee shall have the right to drill such well to completion wiih. � <br /> reasonable diligence and dispatcTi, and if oiI or gas, or either of them, be found in paying quantities, this lease shall continue and be in force with the like effect as if � <br /> such. well hacl been completed within the term o f years herein f irst mentioned. `R <br /> � If tlie estate of either party hereto is assignetl, and the privilege of assigning in wliole or in part is expressly allowed, the covenants hereof shall extend to their <br /> heirs, executors, acjministrators, successors or assigns, but no change in th,e ownership of the land or assignment of rentals or royalties s�iall be binding on the lessee until <br /> after the lessee has been furnished with a written transfer or assignment or a true copy thereof; and it is hereby agreed in the event this lease shall be assigned as to a <br />, part or as to parts of the above clescribec� lands anc� the assignee or assignees of sueh part or parts sliall fail or make clefault in the payment of the proportionate part of <br /> the rents crue from him or them on an acreage basis, such default shall not operate to defeat or af fect this lease in so far as it covers a part or parts of said lands upon <br /> whicTi, tlie said lessee or any assignee thereof sl�all malze due payments of said rentals. If the leased premises are now or hereafter owned in severalty or in separate tracts> <br /> the premises. nenertlieless, may be developed and operated as an entirety, and the royalties shall be paid to each separate owner in the proportion that the acreage owned <br /> by him bears to the entire. Ieased area. There shall be no obligation on the part of the Iessee to offset wells on separate tracts into wh,ich the Iand covered by this lease <br /> may hereaf 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 /> or e sor b <br /> e end the title to the lands T�erein describecl, and rees that the lessee shall have th.e right at any time to redeem f r s y <br /> Lessor hereby warrants and agrees to d f a9 <br /> payment, any mortgages, taxes or other Iiens on the above cleseribecl Iancls, in the event of default of payment by lessor, and be subrogated to the rights of tl�e holder <br /> t�ereof. <br /> ----------------�--------------�--------------------�-�----Georgs A.Heupel------------------------(SEAL) <br /> Signed, sealed and delivered in presence of ----------------------------------------------------------�------------�----......-----------------...-------------------------.....(SEAL) <br /> ------------------------------------------�------------------.....--------------------------------------�---------------------------(SEAL) <br /> --------�-----S elna...H_.Wal voo i'd --------------------------------------------------------------�----------------------------------------....--�--�---�-�------------(SEAL) <br /> --��-�-�------------------------� -------�----�--�----�---....----....-----------------...------- <br /> ------------------------------------------------------------------------------------------------------------------------------------------- --------------------....------------------------------------------------------------------------------._....----------....-�--------(SEAL) <br /> -----------------------------�-----------____-�--------------------�-----�------------�-----.......---------------�---...------------------ -------.............-----�--------------------------------.....------...-----------------------------......------ <br /> -------------------(SEAL1 <br /> ----------------�-------------------------------------------------------------�--------...---------------...------•----------�--�--------- <br /> ---------------------------•---.....-------........-•---....--------�•-----.......--------------------------.................-�----.(SEAL) <br />