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. - - - - W, - .-- -- <br /> � � .9 <br /> � 1vIISCELL,ANEOUS RECORD W � <br /> 39283-THE�UGUSTINECO.GRANDISLAND.NEBR. , . - . <br /> ' together with the right of ingress and egress; but those exercising this easement shall pay all damages done <br /> therebq to owners of the subservient premises. <br />;� IN WITIv'FSS WHEREOF we have hereunto set our hands this lst day of Febraary, 1952. <br /> W TTNESS: Bernhard Voss <br /> Herbert F, Mayer <br /> Wilhelmina Voss <br /> ' S TATE OF NEBRASKA ) On this lst day of February, A.D. 1952, before me a Notary Public in and for said <br /> COUNTY OF HALL ) ss� County, personally came the above named Bernhard i�oss, who is also kno�wn as Barney <br /> ` Voss and sometimes also known as Barney B. Voss, and Wilhelmina Voss, his wife, wb�o are personally known to <br /> me to be the identical persons whose names are affixed to the above Grant of Perpetual Easement as grantors, <br /> ; and they acknowledged said instrument to be their voluntary act and deed. <br /> Witness my hand and notarial seal the date last aforesaid. <br /> Herbert F. Maper_ <br /> �SEAL) Nntary Public <br /> My commission expires May 17, 1956 <br /> Filed for record this 1 dap of February, 1952, at 11:30 ofclock A.M. <br /> �� C��� <br /> Register of Deeds <br /> � o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-ao-o-o-o-ao-o-o-o-o-aaao-o-e-o-o-ao-o-o-o-o-o-o-o- <br />, - 0IL AND GAS MINING LEASE� <br /> THIS AGREEMENT, Entered into this the26th day of September, A. D. 1951 between Mrs. Neta Gibson Kirk and <br /> George E. Kirk, James S. Gibson, Clayton L, Gibson, Francis Gibson, Grac.e Gibson Hadden, Hazel Gibson Fiester, <br /> Edward F,. Fiester,- H�len Gibson McBride, Robert H. McBride, Harriet Cibson Kiestler and George W. Kiesler, <br /> Jr., hereinafter called lessor and Lewis R. Nance hereinafter called lessee, does witness: <br /> � �, � <br /> l. That lessor, for and in consideration of the sum of F.ighty and OC�/100 Dollars ($80.00) in hand paid, � U <br /> �,nd of the covenants and agreements hereinafter contained to be performed by the lessee, has this dap granted, � � � <br /> 8nd leased and hereby grants, leases and lets unto the lessee for the purpose of mining and operating for <br /> and producing oil and gas, casinghead gas and casinghead gasoline, laying pipe , lines, building tanks, stDring <br /> oil, building power stations, telephone•. lines and other structures thereon to produce, save, take care of and <br /> manufacture all of such substances, and for housing and boarding employees, the f ollowing described tract of <br /> land in Hall County Nebraska to-wit: <br /> West Half of Section 29, Twp. 9 North, Range 11, West, <br /> 2. This lease shall remain in force for a term of ten (10) years and as long thereafter as oil, gas, <br /> �asinghead gas, casinghead gasoiine or any of them is or can be produced. <br /> 3. The lessee shall deliver to the credit of the lessor as royalty, free of cost, in the pipe line to <br /> �hich lessee may connect its wells the equal one-eighth part of all oil produced and saved.'from the leased ,� <br /> �remises, or at lessee�s option, may,pay to the lessor for such one-eighth royalty the market price for oil � � <br /> of like grade and gravity prevai.ling on the day such- oil is run into the g�ipe line, or into storage tanks, � <br /> 4. The lessee shall pay lessor, as royalty, one-eighth of the proceeds f rom the sale of the gas, as such, � <br /> f or gas from wells where gas only is found, and where not sold shall pay Fifty ($50.00) Dollars per annum as <br /> royalty from each such well, and while such royalty is so paid such well shall be held to � be a producing � <br /> Well under pa,ragraph numbered two hereof. The lessor to have gas free of charge from any gas t�ell on the � <br /> �eased premises for stoves and inside lights in the principal dwelling house on said land by making his own <br /> connections with the well, the use of said gas to be at the lessor�s sole risk and expense. The lessee � � <br /> Shall pay to lessor f or gas produced from any oil well and used by the lessee for the manufacture of gasoline '� °� <br /> or any other product, as rayralty, one-eighth of the market value of such gas. If said gas is �old by the � <br /> lessee, then as royalty one-eighth of the proceeds of the sale thereof. <br /> ;' S. If operations for the drilling of a well f or oil or gas are not commenced on said land on or before � <br /> one year from this date, this lease shall terminate as te both parties, unless the lessee shall, on or before � � <br /> one year from this date, pay or tender to the lessor or for the lessor�s credit, in the-------- Bank at �,. <br /> ------, or its successors, which bank and its successors are the lessor�s agent and shall continue as the de- \ �' <br /> pository of any and all sums payable under the lease, regardless of changes of ownership in said land or in � <br /> the oil and gas, or in the rentals to accrue thereunder, the sum of Eighty and no/100 Dollars ($80.00/100) <br /> i�hich shall operate as rental and cover the privile�e of deferring the commencement of drilling operations . � <br /> for a period of one year. In like manner a.z�c� • upon ]�ike payments or tenders, the commencement of drilling <br /> b�erations may be further deferred for like periods successively. All payments or tenders may be made by � <br /> check or draft of lessee or any assi�nee thereof, mailed or delivered on or before the rental paying date. <br /> Notwithstanding the 3eath of the lessor, or his successor in interest, the payment or tender of rentals �. �• <br /> Xn the manner provided above shall be binding on the heirs, devisees, executors and administrators of such �; <br /> person, ' � <br /> 6. If' at any time prior to the discovery of oil or gas on this land and during the term of this lease, <br /> the lessee shall drill a dry hole; ar holes on this land, this lease shall not terminate provided operations <br /> f or the drilling of a well shall be commenced by the next ensuing rental paying date, or provided the lessee <br /> begins or resumes the payment of rentals in the manner and amount hereinabove provided; (and in this event �U <br /> �he preceding para.graphs hereof governing the payment of rentals and the manner and effect thereof shall. � � �� <br /> continue in force). � (� <br /> � �� b` <br /> 7. In case said lessor owns a less interest in t � above described larrd than the entire and undivided � <br /> fee simple estate therein, theri the royal.ties and rentals herein provided for sha ll .be paid the said lessor `�G <br /> only in the proportion whi.ch his interest hears to the whole a.nd. undivided fee. � <br /> � k <br /> 8. The lessee shall have the right r.o use, free of cost, ga.s, oil, and water found on said land for its �, op V <br /> operations thereon, except water from the wells of the lessor. When required by lessor the lessee shall bury M a � <br /> i e lines belo�,r low de th and shall a f or 3ama e caused b its o erations r.o rowin cro s on said land� � <br /> p P F P - P Y g Y P g g P• <br /> � No well shall be drilled nearer than 20C� feet to the house or barn now on said premises without written <br /> consent of r.he lessor. Lessee shall have the right at any time during or after the exgire�tion of this lease <br /> to remove a7_l machi.nery, fixtures, houses, buildings and other structures placed on said premises, includin.g <br /> the right to draw and remove a]1 casing, <br /> 9. If the estate of either party hereto is assigned (and the privilege of assigning in whole or in part . <br /> �s expressly allowed), the covenants hereof shall extend to the heirs, executors, administrators, sixecessors <br /> �nd assigns, but no change of ownership in the land or in the rentals or royalties shall be binding on the . <br /> �Lessee until after notice tci the lessee a.nd it has been furnisheci with the written trax�sfgr or �ssig�mexit .a�- -.<-.- t - _� <br /> f8 certified copy thereof. <br /> , <br /> i - <br /> I' e _ ___ __ ___--- - .. �—�_�—, <br />