|
�_ ��M
<br /> 1vIISCELL,ANEOUS RECORD W
<br /> 89289+!THC AU6USTINE CO.GRAND ISLIIND,NBBR. � � � .
<br /> 10. If th.e leased premi_se� sha11 hereafter be owned in severalty or i.n separate tracts, the premises, �
<br /> nevertheless, shall be developed and operated as one lease and all royalti.es accruing hereunder shall be
<br /> treated as ar. entirety ar_d sha11 be divided among a.nd paid to such separate owners in the propertion that
<br /> � the acreage owned by exct� such separate owner bears f o the entire leased acreage. There shall be no
<br /> obl.igati.on on the part of the lessee to offset wells c�n separate tracts i.nto which the land covered bp this
<br /> lease may be hereafter divided by sale, devise, er other�aise, or to furnish separate measuring or receiving
<br /> tanks. 7t is hereby� a�reed that, in the event this lease sh.all be assigned as to a part or as to parts of
<br /> the above described lands, and the holder or owner of any such part or parts �all fail or make default in the
<br /> payment of the proportior>ate part of the rent due from him or them, such default. shall not operate to
<br /> defeat or affe�t thi.s Iease in so far as it covers a part or parts of said land upon which the said lessee
<br /> or any assignee hereof shall make due payment ef said rentals. If at any time there be as many as four parties
<br /> entitlec! to rentals or ro��>:rlties, lessee may withhold payments thereof unless and until all parties designate,
<br /> in writfng, in a recordabl� instrument to be filed with the lessee, a common agent to receive all payments
<br /> due hereunder, and. to execute divisi.on and transfer orders on behalf of said parties, and their respective
<br /> successars in title.
<br /> 11. Lessor here�iy warrants and a.grees to defend the title to the land herein described and agrees that �
<br /> the lessee, at i�s �ption, may pay and discharge a.ny taxes, mortgages, or other liens existing, levied or
<br /> assessed on or against above descri.bed lands and, in event it exercises such option, it shall be subrobated
<br /> to the rights of ariy holder or holders thereof and may reimburse itself by applying to the discharge of any
<br /> such mortgage, ta.x or other lien, any royalty or rentals accuring hereunder.
<br /> 12, Ivotwithstanding anything in this lease contained to the centrary, it is expressly agreed that if
<br /> lessee shall commence drilling operatior.s a'.� a.ny ti.me while this lease is in force, this lease shall remain
<br /> in force and its term shall continue so long as such operati.ons are prosecuted and, if production results
<br /> therefrom, then as long as production continues.
<br /> 13. �f within the �rimary term of 'this Iease production bn �he Teas�d premises shalI eease fromFariy
<br /> cause, this l.ease shall not terminate provided operatioris for 'the drilling of � w�1� s�all be cenmlenced ; -
<br /> 'before or on the next ensuing rental paying date, -ar, „provided lessee begins �or r�siimes tt�e payment of -:-:
<br /> i�entals in'the manner �and amount liereinabove �p�ovided. If, a.fter the expiration of the primary term of
<br /> this lease, pr aluction on the leased premises shall cease from any cause, this lease shall not terminate
<br /> provided lessee re.sumes operations for drilling a well within sixty (60) daps from such cessation, and this
<br /> lease shall remain in force duri.ng the prosecution of such operations and, if production results therefrom,
<br /> then as long as 'production continues.
<br /> 14. Lessee may at any time surrender this lease by delivering or mailing a release thereof to the
<br /> lessor, or by placing a release thereof of record in the proper county.
<br /> 15. It is agreed that this lease shall never be forfeited or cancelled for failure to perform in
<br /> whole or in part any of its implied covenants, conditions, or stipulations until it shall have first been
<br /> f inally judicially determined that such failure exists, and a.fter such final determination, lessee is given
<br /> a reasonable time therefrom to comply with any such covenants, conditions or stipulations.
<br /> 16. This lease a.nd al1 its terms, conditions, and stipulations shall extend to and be binding on all
<br /> successors of said lessor or lessee.
<br /> War Clause f or Oil and Gas Lease:
<br /> This lease shall not be termin�ted, in whole or in part, nor shall lessee be held liable in damages
<br /> for failure to comply with the express or implied covenants hereof, if compliance therewith is �revented
<br /> by, or if such failure i.s the result of, any Federal or State laws, executive order, rules, or regulations,
<br /> If, at the end of the primary term hereof, such term has not been extended by production or drilling as in
<br /> this lease provided, and lessee, by reason of any of the above recited causes, is unat�l.e to drill a well
<br /> on the leased premises for oil or gas, the primary term and the rental provision hereof, shall be extended
<br /> automatically from year to year until the f irst anniversary hereof occurring ninety (90) or rnore days
<br /> following the removal of such delaying cause. During any period that lessee is unable to produce and/or
<br /> market any products from the leased premises by reason of any of the above recited causes, this lease shall
<br /> remain in full force and effect.
<br /> Mrs. Neta Gibson Kirk and George E. Kirk
<br /> James S. Gibson Robert H. McBride
<br /> Helen Gibson McBride Harriet Gibson Kiesler
<br /> Grace Gibson Ha3den George W. Kiesler Jr.
<br /> Hazel Gibson Fiester Frances Broege Gibson
<br /> Edward E. Fiester Clayton L. Gibson
<br /> STATE OF ILLINOIS )
<br /> ) SS. The foregoing instrument was acknowledged before me this 14th day of
<br /> County of Stephenson ) November, 1951, by Frances Broege Gibson £� Clayton L. Gibson
<br /> k�IT1V'F,SS my hand and. official seal. F.velyn M. Sc�wers
<br /> (SEAL) Notary Public
<br /> My commission expires Jan. l�, 1955
<br /> S TATE OF ILLII�OIS )
<br /> ) SS. The foregoing instrument was acknowledged before me this 12 day of November '
<br /> C ounty of Cook ) 1951, by Harriet Gibson Kiesler and George W. Kiesler Jr.
<br /> W ITNE58 my hand and of f ic ial. seal. F. W, Smith
<br /> My commission expires May 6, 1953 (SF,AL) Notary Public
<br /> STATF, OF ILLINOIS )
<br /> ) SS. The f oregoing instrument was acknowledged bef ore me this 10 day of November
<br /> County of Cook ) 1951, by Hazel Gibson Fiester and Fdwa.rd E. Fiester
<br /> WTTI�`ESS my hand and official seal. .james C, Lorr ;,r
<br /> (S�AL) Notary Public
<br /> My commission expires ,June 1, 1952
<br /> S TATE OF COLORADO, )
<br /> C ITY f� County of ) SS. The foregoing instrument was acknowledged before me this 8th day of October
<br /> DEI�'��F,R ) 1951, by Robert H. McBride, Helen A. McBride
<br /> WITNES� t� Ha�d �I�c� 0ff ici�l seal. Margaret Nolte
<br /> My commission expires Nrv. 7, 195� (SEAL) Notary Public
<br />
|