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a x <br />AFFIDAVIT OF NON',- DEVELO hT AND NON -PPAYMENT` OF RENTAL <br />STATE OF NEBRASKA <br />r COUNTY OF HAIL <br />Viva B. Butler and J. Pamuel Butler, wife and husband, being <br />first" duly sworn, depose, and say that they are the present owners <br />of the following described real, estatel <br />m <br />Part of the Southeast Quarter (SEA) of Section Ten (10), <br />lying south of the Chicago, Surl.in ton and'uincy f <br />Railroad R.O.W.; the North ualf (N) and the North <br />Half of the South Half WSJ) of Section Fiftden (15), <br />except that part of the Northeast Quarter (NEJ) lying <br />north and east of said railroad right -of -way; the <br />Northeast Quarter (NF'f) of Section bienty- three (23), all <br />in Townshipp `Twelve (l2) North, Range Twelve (12) viest of <br />the 6th P.M., Hall County, Nebraska; and <br />The West Half of the Southeast Quarter of the Southeast <br />Quarter (W13E'WU of Section Thirty -five (35), Township <br />Thirteen (13) North, Aange Twalve (12) west of the 6th <br />P.M., Howard County, Nebra,skq, <br />which land is described in an Oil and Gas Mining Lease executed <br />on April 20, 1962, by Viva 3. Butler and J. Samuel Butler as <br />Lessors and Fred McConnell ad Lessee, recorded in Book // , <br />Page , in the Office of the �iegister of Deeds of Hall <br />County# Nebraska, and in Book, , Page in the Office <br />of the Register of Deeds of Howar- -County, Nebraska. <br />I <br />That since the data of said lease there has been no well <br />arilled upon said land, nor any oil or gas produced therefrom, <br />and that none of the rentals accruing under and by virtue of the <br />terms of said lease have been paid`or tendered to affiants, or to <br />any bank for their credit, by the Lessee, or his agents or assigns, <br />since the original payment of X65.35 made at the time of the eAecution <br />of the lease and further that the Lessee and his assigns had <br />actual notice that rentals were payable to affiants under said <br />lease. Affiants further state they haw not at any i.ime executed <br />any extension of said original lease and that the same has expired. <br />Affzants further state that by reason <br />with the terms of said lease oy Lessee and hid <br />hereby declare said lease forfeited, and will <br />of rentals, or in any other manner, recognize <br />or eAisting lease. <br />STATE OF NEBRASKA ) <br />COUNTY OF HALL <br />of the noncompliance <br />assign3, affiants <br />not, by acceptance <br />the same as a valid <br />Wayne S. Sorensen being first duly sworn, deposes and says <br />that he is President of Tie State Bank of Cairo, Cairo, /Nebraska, <br />and that the records of said 3ank show no rentals have been at <br />any, time geposited in, or tendered to, said Bank under terms of <br />I it ar�,�,Gas Mining Lease above described for the credit of the <br />p ,per 4o whc� made the above Affidavit as Lessor ins id lease. <br />Y <br />" 944.0 r b cribed in my presence and gorn" to before me this - <br />c ay�gf, -A aril., 1963. <br />r eye "y�,• <br />• D'y'e, —� <br />JoTary'Public <br />�x s <br />-1- <br />