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<br /> B -I- OIL AND GA� LEASE '
<br /> Form 88.—(Producers) (NEBR.ASKA)
<br /> 21262—The Augustine Co., County Supplies, Grand Island, Nebr.
<br /> FROM THE STATE OF NEBRASKA
<br /> SS.
<br /> H$��' �.'ounty,
<br /> Leater F.�P.��.$ cSG 1RP 1 hereby certify that this instrument was entered on Numerical Index, ancl fiTecl
<br /> for record this 27 c�ay of JAnuary iq42 ,
<br /> To at 3 o°�to��.����
<br /> � Register of Deeds.
<br /> Ia.R.GY'sYl�l.ttl Deputy.
<br /> � Fees, $ 2:�5
<br /> �.'ommence
<br /> AGREEMENT, Made and entered into this 27�ri day o� December . ig�}], . by and between
<br /> Lester F.WeIIs and Della �iae WeII� his �riPe; DPnman Nebraska
<br /> Party oF the{�irst part, hereina`ter called lessor(whether one or more)and �
<br /> L.R. G'Y'8},1F3fA �JOX �j0� EP�'ingham Z�.�.. Part of the second part, hereinafter called lessee>
<br /> WITNESSETH, Tliat tlie said Iessor, for and in consideration of One — — — — — — — — — — — — — — — — — — — — DOLLARS,
<br /> cash in liand paid, receipt of which is hereby aclznowleclged, and of the covenants and agreements hereinafter contained on the part of lessee to be paitl, kept, and per- � •
<br /> formecl, has granted, demisecl, leased and let and by these presents does grant, demise, lease and let unto said lessee,for the sole and only purpose of mining ancl operating '
<br /> for oil and gas, ancI Iaying pipe lines, anc� builc�ing tanks, power stations and structures thereon to produce,save and talze care of said products,aII that certain tract of lancl �
<br /> situated in the County of Ha�-I State of NEBRASKA described as follows, to-wit: �
<br /> The Lot No. E Isld Sec.23;And Lot No. 3 Isld.See 25;And East Hal.f (��) oS North HalP (N�� oP
<br /> Northeast Quarter (PJEg) oP. �ec.26; �,
<br /> 0
<br /> �
<br /> of Section Townsliip 9 N• Range I.2 w. and containing 127.20 acres, more or less. �
<br /> It is agreed that this lease sl�all remain in fuii force for a term of �.� years from this clate, and as Iong thereafter as oil or gas, or �
<br /> either of tliem, is produced from said Iand by the Iessee. �f
<br /> In consideration of the premises tTie said lessee covenants and agrees:
<br /> tst. To deliver fo tlie creclit of lessor, free of cost, in the pipe Iine to wliich he may connect his wells, the equal one-eightl� (1/s) part of aIl oiI produced and saved
<br />� f rom the leased premises.
<br /> � �nd. To pay Iessor for gas from each well wl�ere gas only is found tl�e equal one-eigTith (%s) of the gross proceecls at the prevailing market rate, for alI gas used of f
<br /> the premises, saic�payments to be macte a�ontniy
<br /> and Iessor to have gas free of cost from any such well for aII stoves and all inside Iights in the principal dwelling house on said land during the same time by making his
<br /> own connections with the well at his own risk and expense.
<br /> 3rd. To pay lessor for gas proc�ucecl from any oil well ancl used off t�ie premises or in the manufacture of gasoline or any other product a royalty o` one-eighth
<br /> (�) of the market value, at tTie mouth of the well, payable monthly at tlie prevailing marTzet price.
<br /> If no well be commenced on said Iand on or before the 27 clay of Deeember , tg�}`�' , this Iease sliall
<br /> ,
<br /> terminate as to both parties, unless the Iessee on or be f ore that dnte sliall pay or tender to tTie lessor,or to tTie lessor's credit in The
<br /> First "�ut&.t@ B&Il�: Banlz at 5helton Nebraska or its successors, wh��h ghgIl continue
<br /> as the depository regardless of changes in the ownership of said Iand, the sum of �63.5U DOLLARS,
<br /> wTiich sl�all operate as a rental and cover the privilege of deferring the commencement of a well for 1.2 months from said date. In like manner and
<br /> upon like payments or tenders the commencement of a well may be further deferrecl for lilze periods of the same number of months successively. AII sucTi paymenfs or
<br /> tenders of rentals may be made by check or draft of Iessee or any assignee thereof, mailecl or deTivered on or before the rental paying date> either direct to lessor or assigns
<br /> or to said depository banlz. 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 /> date wh.en said first renta� is payable as aforesaicl, but also the Iessee's option of extending that period as aforesaid, and any and aII other rights conferrecl.
<br /> ShoulcT the f irst well drilled on the above described land be a dry hole, then, and in that event, if a second well is not commenced on said Iand witl�in twelve months
<br /> from the expiration of the last rental period for which rental has been paid, this lease shall 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 t�te resump-
<br /> tion of tAe payment of rentals, as above provided, that tlie last prececling paragrapTi liereof, governing the payment of rentals and the e`Fect t�ereof, shall continue in
<br /> force just as though there had been no interruption in the rental payments.
<br /> 1 f said lessor owns a less interest in the above described land than the entire and unclivided f ee simple estate tl�erein, then the royalties anc�rentals herein providetl
<br /> sliall be paid the lessor only in the proportion which. his interest bears to the whole and undivided f ee.
<br /> Lessee sF►all have the right to use, free of cost, gas, oil, and water produced on said Iand for its operation tliereon, except water from we�Is of lessor.
<br /> `V1�e►L requested by Iessor, 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 saicl premises, without the written consent of the lessor.
<br /> I.essee shall nay for c�amages eaused by its operation to growing crops on saicl lanc�.
<br /> Lessee shall have the 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 with.in tTie term of this lease or any extension thereof, the Iessee shall have the right to drill such well to completion with.
<br /> reasonable diligence and dispatch, and if oil or gas, or either of them, be found in paying quantities, this Iease shall continue and be in force witl� the like effect as if
<br /> such well hac� been completed within tTie 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 allocued, the covenants hereof sftall extend to their
<br /> heirs, executors, ac�ministrators, successors or assigns, but no cliange in the ownersliip of tlie land or assignment of rentals or royalties shall be binding on the lessee until
<br /> after the lessee has been furnishecl witTi a written transfer or assignment or a true eopy t�ereof; and it is Iiereby agreecl in the event this lease s1�all be assigned as to a
<br /> part or as to parts of the above described lands and the assignee or assignees of such part or parts shall fail or make default in the payment of tTie proportionate part of
<br /> the rents due f rom him or them on an acreage basis, such def ault sTiall not operate to cIe f eat or af f ect this lease in so f ar as it covers a part or parts o f said lands upon
<br /> which the said lessee or any assignee thereof shall make due payments of said rentals. If t�e Ieased premises are now or hereafter owned in severalty or in separate tracts,
<br /> the premises, nevertT�eless, may be deneloped and operated as an entirety, and the royalties sliall be paicI to each separate owner in the proportion that the acreage owned
<br /> by h;im bears to the entire Ieased area. TF�ere shail be no obligation on the part o f the lessee to of f set wells on separate tracts into which the land covered by this lease
<br /> may hereafter be divided by sale, devise, or otherwise, or to furnish separate measuring or receiving tanTzs for the oil produced from such separate tracts.
<br /> Lessor hereby warrants and agrees to defend the title to the dands herein described, and agrees that the lessee shall have the right at any tfine to redeem for lessor by
<br /> payment, any mortgages, taxes or otTier liens on tlie above described lands, in the event of default of payment by Iessor, and be subrogated to the rights of tlie holder
<br /> th ereo f.
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