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<br /> B -i- OIL AND GAS LEASE :���.
<br /> Form 88.—�(Producers) (NEBRASKA)
<br /> 21282—The Augustine Co., County Supplies, Grand Island, Nebr.
<br /> FROM THE STATE OF NEBRASKA
<br /> ss.
<br /> John �chultz,Sr.& wP H�11 County.
<br /> I hereby certify that tliis instrument was entered on 1Vumerical Index, and filec�
<br /> f or record this 6 day of AU U8 t 19 42 .
<br /> TO at 1 :30 o'clock P. M. �
<br /> Register of�
<br /> Joe W�2�'S�TYi'I�, Deputy.
<br /> ,,„.�� Fees, $ i�:�.�
<br /> �.'ommence
<br /> AGREENIENT, Made and entered into this l� day of June , ig �1. , by and betu+een
<br /> John 9chu�;tzSr. Emma Schultz, (Husband & �li�'e)
<br /> Party of the first part,hereinafter called lessor(whether one or more)and
<br /> JOE,.' Wri�ht Part. of the second part, hereinafter called Iessee,
<br /> WITNESSETH, T�iat t�ie saic�lessor, for ancl irc coresic�eration of OTlE? BC T10�1.a� DOLLARS,
<br /> cash in hand paid, receipt of which is Fiereby acknowledgecl, and of the covenants and agreements hereinafter contatned on tl�e part of lessee to be paid, Izept, anc� per-
<br /> f ormed, has granted, demised, leased and let and by these presents does grant, demise, lease and let unto said lessee,f or the sole and only purpose of mining and operating �
<br /> for oil and gas, ancl Iaying pipe lines, and building tanks, power stations and structures thereon to produce,save ancl take care of said products.aIl that certain tract of land �
<br /> situatecl in the County of �ia�-� State of NEBRASKA described as follows, to-wit: \
<br /> �
<br /> �
<br /> South ha�1.P oP sec 3.Twp 1.2 N.R.II G'!.
<br /> of Section 3 Towns�ip 1-� Range 1-�- and containing 3�� acres, more or less. �T
<br /> It is agreed that this Iease sl�all remain in f ulI f orce f or a term of �.� years f rom tliis date, and as Iong thereaf ter as oil or gas, or �
<br /> either of tliem, is producec�from said lanc� by the lessee.
<br /> In consic�eration of the premises the said lessee covenants and agrees:
<br /> ist. To deliver to tl�e credit of lessor, free of cost, in the pipe line to whicTi he may connect his wells, the equal one-eighth� (�) part of aIl oiT produced and saved
<br /> f rom the Ieased premises. �
<br /> a,nd. To pay Iessor for gas from each well wTiere gas only is found the equal one-eightli (%s) of the gross proceed's at the prevailing market rate, for alI gas used of f �
<br /> tlie remises said a ments to be made
<br /> p , PY manthly
<br /> 'n he same time b malzin his
<br /> dwellin house on said Iand duri t g
<br /> and lessor to have gas f ree o f cost f rom any such well f or alI stoves and alI inside lights in the principal g 9 Y .
<br /> own connections with the well at his own rislz and expense.
<br /> grcl. To pay lessor for gas proc�uced from any oil well and used off tTie premises or in the manufacture of gasoline or any other product a royalty of one-eighth e
<br /> ('/a) of tTie market value, at tl�e moutlt of tTie well, payabte montlily at tTie prevailing marizet price. �-
<br /> If no well be commenced on said Iand on or before the 1 day of �t�f�r'Ctl , i9 i:}.1.�. , this lease shall �
<br /> terminate as to both parties, unless the lessee on or before tliat date shall pay or tender to tlie Iessor,or to the lessor's credit in Tlie state $$21�C 0� Cairo
<br /> Bank at Caira Nebr or its successors, .�h�oh shalI continue � .
<br /> as the c�epository regardless of changes in the ownership of said land, tl�e sum of �1�U.�0 DOLLARS,
<br /> which shall operate as a rental and cover the privilege o f def erring the commencement o f a well f or �.c'`�.. months f rom said date. In lilze manner and
<br /> i upon like payments or tenders the commencement of a well may be further deferrec� for lilze periods of the same number of months successively. AIl suclt payments or
<br /> tenc�ers of rentals may be made by eheeTz or draft of lessee or any assignee fTiereof, mailecl or cleliverec�on or before the rental paying date, either direet to lessor or assigns
<br /> or to said depository bank. And it is understood and agreed that the consideration f irst recited herein, the down payment, covers not only the privileges granted to the ��
<br /> clate when said f irst rental is payable as af oresaid, but also the lessee's option o f extending that period as af oresaid, and any and aII other rights con f erred.
<br /> Sh,ould the first well clrilled on the above described land be a dry hole, then, and in that event, if a second well is not commenced on said land witliin twelve months ��
<br />' from the expiration of the last rentnl period for which rental has been paid, this Iease shall terminate as to both parties, unless the Iessee on or before the e�rpiration of
<br /> said twelve montl�s sTiall resume the payment of rentals in the same amount and in the same manner as hereinbefore provided. And it is agreed that upon the resump- �
<br /> tion of the payment of rentals, as above provided, that the Iast prececling paragrapTi hereof, governing the payment of rentals and tlte ef fect thereof, shall continue in �p
<br /> f orce just as though there had been no interruption in the rental payments. �
<br /> If saic�lessor owns a less interest in the above cleseribed land than the entire anc� unclivided fee simple estate therein, then tTie royalties ancI rentals herein provided
<br /> s1�all be puid the lessor only in tl�e proportion which his 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 land for its operation thereon, except water from wells of lessor.
<br /> When requested by lessor, 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 shal� pay f or tjamages causet� by its operation to growing crops on saic� lancl.
<br /> Lessee shal� have tlie right at any time to remove all 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 lessee sTiall l�ave the right to drill such well to completion w#th
<br /> reasonable diligence and dispatch, and if oiI or gas, or either of them, be found in paying quantities, this Iease shall continue and be in force with. the Iilze effect as if
<br /> such well had been completed within the term of years herein first mentioned.
<br /> If the esfate of either party hereto is assigned, anc� the privilege of assigning in w�iole or in part is expressly alloiue�, t�,e covenants hereof shall extenc� to their
<br /> lieirs, executors, administrators, successors or assigns, but no change in the ownersTiip of the lanc� or assignment of rentals or royalties shall be binding on the Iessee until
<br /> after the lessee has been furnished with a written transfer or assignment or a trae 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 described Iands and the assignee or assignees of such part or parts shall fail or make default in the payment of the proportionate part of
<br /> the rents due from Tiim 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 satd lands upon
<br /> which tT�e said Iessee 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 premisea, nei�ertl�eless, may be c�eveloped and operated as an entirety, ancl the royalties shall be paid to each. separate owner in tTie proportion that tTie acreage owned
<br /> by him bears to the entire leased area. There shall be no obligation on tTie part o f the lessee to of f set wells orz separate tracfs into wliich the land covered by this Iease
<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 /> Lessor hereby 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 otTier Iiens on the above described lands, in the event of d'efault of payment by Tessor, and be subrogated to the rrghts of the holder
<br /> thereof.
<br /> ----�-------------------------------------------------------J ohn...SchuZ t z----�r------------�----------(sEAL)
<br /> Mra Jotin Schult2 Sr SEAL
<br /> Signed. sealed and delivered in presence of •----------•---••---....•••••----------------•------•-•...-•------------------------------------ � �
<br /> Emma �Chul t 2---------------------------------(SEAL)
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