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<br /> B -F- OIL AND GAS LEASE '� � �� ��
<br /> For� 88�(Producers) (NEBRASKA)
<br /> 21282—The Auguatine Co., County Supplies, Grand Island, Nebr.
<br /> �pM THE STATE OF NEBRASKA
<br /> ss.
<br /> H 81.�. (,'ounty,
<br /> J ohn �'&�?;A11 BC �1 f.' I liereby certif y tTiat tliis instrument was entered on Numerical Index, and f iled
<br /> for record this 6 day of AU USt.+ 19 �`G� ,
<br /> TO at Z :j� o'cloclz P . M.
<br /> Register of Deeds.
<br /> J�Q Y�ri�ht DeP"t''.
<br /> Fees, � c`�.;1�
<br /> . °�
<br /> Commence
<br /> AGREEMENT, Made and entered into tl�rs 2,j day oF Jan. , tg 4c"�.. , by and between
<br /> . . _
<br /> John Fa�an �c E�ther �'a�;an (Husband & V'�iYe)
<br /> I
<br /> Party of the first part,hereinafter called lessor(whether one or more)and
<br />� eT O e V�ri�h t parE� o f the second part, hereinaf ter called lessee,
<br /> WITN$SSETH, That the said lessor, for and in consideration of — OT1P, — DOLLARS,
<br /> cash in hand paid, receipt of whicTi is liereby acknowledged, and of the covenants anc� agreements l�ereina�'ter contained on the part of lessee to be paid, Izept, and per-
<br /> f ormed, l�as 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 oiI and gas, ancl Iaying pipe Iines, and building tanks, power stations and structures thereon to prod'uce,save and talze care of said products,aTl that certain tract of Tand �
<br /> situate�in the County of H8.1-1. State of NEBRASKA described as follows, to-wit: �`
<br /> ���
<br /> Al1 of Sec.I.�, T�vp.I.? N.Han�e ].0 Weat
<br /> of Section 1.9 Township �.2 � Range �.� � and containing 6Z�'� acres, more or less. �
<br /> lt is agreed that this lease shall remain in furi force f or a term of t',eI1 years f rom this clate, ancl as Iong tFtereaf ter as oil or gas, or
<br /> either of them, is produced from said land by the Iessee. �
<br /> In consideration of the premises tlie said lessee covenants and agrees:
<br /> ist. To cleliver to the credit of lessor, free of cost, in tlie pipe line to wTiicF� 1ie may connect l�is wells, the equal one-eighth (�a) part of all oil produced and saved
<br /> f rom the leased premises.
<br /> 2nd. To pay lessor for gas from each well where gas only is found tFie equal one-eighth (�/s) of tl�e gross proceeds at tlie prevailing market rate, for all gas used off �
<br /> li the premises, said payments fo be made IIlOri'�r1Z y
<br /> and lessor to have gas f ree o f cost From any such well f or all stoves and all inside lights in t�e principal dwelling l�ouse on said land during the same time by malzing Tiis ��
<br /> own connections witTi 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-eigTith ,
<br /> (�� of the market value, at the mouth of the well, payable monthly at the prevailing market price.
<br /> I If no well be commenced on said land on or before the I.Bt'+ day of �TBT'C�1 , ig 1�. , this Iease shall �
<br /> I terminate as to both parties, unless the lessee on or before that date s�all pay or tender to the lessor,or to the lessor's credit in The �t&tP, BAT1�L oP Cairo �"
<br /> Bank at (iBj.I°a,Nebr. or its successors, wh��h shalI continue �
<br /> as the depository regardless of clianges in the ownership of said Iand, the sum of ��?�.QQ DOLLARS, � 4
<br /> which shall operate as a rental and cover the privilege o f def erring the commencement o f a well f or 1.e� months f rom said clate. In lilze manner and
<br /> upon lilze payments or tenclers tTie commencement of a well may be further deferred for Iike periods of the same number of months successively. AIl such payments or
<br /> tenders of rentals may 6e made by clieck or draft of lessee or any assignee thereof, mailed or clelivered on or before the rental paying date, either direct 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 /> � ctate when sait� first rental is payable as aforesaic�, but also the lessee's option of extending that periocl as aforesaic�, and any and aTl other rights eonferretl.
<br /> Sliould tl�e first well drilled on tl�e above clescribed land be a dry hole, then, and in that 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, tliis lease 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 the same manner as hereinbefore provided. And it is agreed that upon the resump- �
<br /> tion of tlie paymenf of rentals, as above provided, that the Iast preceding paragraph hereof, governing the payment of rentals and the effect thereof, shall continue in �
<br /> force just as thoug� there had been no interruption in the rental payments.
<br /> I f said lessor owns a Iess interest in th,e above described land than the entire and undivided f ee simple estate therein, then the royalties and rentals herein provided �
<br /> sltall be paid the lessor only in the 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 tliereon, except water from wells of lessor.
<br /> When requested by Iessor, lessee shall bury Tiis pipe lines below plow depth.
<br /> No well shall be drilled nearer thnn 20o feet to the house or barn now on said premises, without the written consent of the lessor.
<br /> Lessee shall pay for cTamages causec� by its operation to growing erops on saicl lancl.
<br /> Lessee s�all have t�ie right at any time to remove all machinery ancl fixtures placecl on saicl premises, including the right to draw and remove casing.
<br /> If the lessee shall commence to drill a well within the term of this Iease or any extension thereof, the lessee shall have the right to drill such well to completion with.
<br /> reasonable diligence and dispatch, and if oiI or gas, or either of them, be found in paying quantities, this lease shall continue and be in force witl� tl�e like effect as if
<br /> such well liad 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 whole or in part is expressly alloioed, the covenants hereof shall extend to their
<br /> heirs, executors, administrators, successors or assigns, but no change in the ownersliip of the land or assignment of rentals or royalties shall be binding on the lessee until
<br /> af ter the lessee has been f urnisliec� witli a written transf er or assignment or a true copy thereo f; and it is hereby agreed in tlie event this Lease shall be assigned as to a
<br /> part or as to parts of t�e above described lands and t�e assignee or assignees of such part or parts shall fail or make cjefault in the payment of the proportionate part of
<br /> the rents clue from him or them on an acreage basis, such default shall not operate to clefeat or af fect this lease in so far as it covers a part or parts of said lands upon
<br /> whicl� the said Iessee or any assignee thereo f shall make due payments o f said rentals. 1 f the Ieasecl premises are now or hereaf ter ownecl in severalty or in separate tracts,
<br /> the premises, nevertheless, may be der�elopecl and operatecl as an entirety, and the royalties sliall be paicl 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 lessee to of fset wells on separate tracts into which the land covered by tFiis lease
<br /> may hereaf ter be diviclecl by sale, devise, or otherwise, or to f urnisl� separate measuring or receiving tanlzs f or tTi.e oiI proolucec�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 sTiall have the right at any time to redeem for lessor by
<br /> payment, any mortgages, taxes or other Iiens on the above described lands, in the event of c�e]ault of payment by lessor, and be subrogatec� to the riglits of t�ie holder
<br /> thereof.
<br />�' -----------------------------�-----------------......_......._.....John.--Fagan_........._..--�-----.....----... SEAL
<br /> ( )
<br />, Signecl, sealecl ancl cleliverecl in presenee of -----------------------.....-----------------------...-------.----Esther---F���z�.-----------.......--------(sEAL)
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