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<br />acaz~fil~~iene} 555
<br />commencement of a well for twelve months from said date. In like
<br />manner and upon like payment of tenders the commencement of a well
<br />may be further deferred for a li};e period of the same numher of
<br />months successively. And it is understood and agreed that the
<br />consideration first recited herein, the down payment, covers not
<br />only the privileges granted to the date when said first rental is
<br />payable as aforesaid, but also the lessee's option of extending
<br />that period aforesaid, and any and all other rights conferred.
<br />Should the first well drilled on the above described land be
<br />a dry hole, then and in that event, if a second well is no[
<br />commenced on said land within t'.+elve months from [he expiration of
<br />the last rental period which rental has been paid, this lease shall
<br />terminate as to both parties, unless the lessee on or before the
<br />expiration of said twelve man tlis shall resume Clie payment of
<br />rentals in the same amount and in the same manner as herelnbefore
<br />provided. And it is agreed that upon the resumption of the payment
<br />of rentals, as above provided that the last preceding paragraph,
<br />hereof, governing the payment of rentals and the effect thereof,
<br />shall continue in force just as though there had been no
<br />interruption in the rental payments.
<br />If said lessor owns a less interest in the above described
<br />land than that entire and undivided fee simple estate therein, then
<br />the royalties and rentals herein provided shall be paid the lessor
<br />only in the proportion which his interest bears to the whole and
<br />undivided fee.
<br />Lessee shall have the right to use, free of cost, gas, oil,
<br />minerals and water produced on said land for its operation thereon,
<br />except water from wells of lessor. ~
<br />when requested by lessor, lessee shall bury its pipe lines
<br />below plow depth.
<br />No well shall be drilled nearer than 200 feet to the house or
<br />barn now on said premises, without the written consent of the
<br />lessor.
<br />Lesses shall pay for damages caused by its operations to
<br />growing crops on said land.
<br />Lessee shall have the right at any time to remove all
<br />machinery ar.~ firtur~s placed on said premises, including the right
<br />to draw and remove casing.
<br />If the estate of either party hereto is assigned, and the
<br />privilege of assigning in whole or in pact is expressly allowed,
<br />the covenants hereof shall extend to their heirs, executors,
<br />administrators, successors, or assigns, but no change in the
<br />ownership oP the land or assignment of rentals or royalties shall
<br />be binding on the lessee until after the lessee has been furnished
<br />with a written transfer or assignment or a true copy thereof; and
<br />it is hereby agreed that in the event this lease shall be assigned
<br />as to a part or as to parts of the above described lands and the
<br />assignee or assigns of such part or parts shall fail to make
<br />default in the payment of the proportionate part of the rents due
<br />from him or them, such default shall not operate to defeat or
<br />affect this lease in so far as it covers a part or parts of said
<br />lands upon which the said lessee or any assignee thereof shall make
<br />due payment of said rental.
<br />Lessor hereby warrants and agrees to defend the title to the
<br />lands herein described, and agrees that the lessee shall have the
<br />right at any time to redeem for lessor, by payment, any mortgages,
<br />taxes or other liens on the above described lands, in the event of
<br />default of payment Ly lessor, and be subrogaced to the rights of
<br />the holders thereof.
<br />WAR Clause for Oil, Gas and Minerals Lease:
<br />This lease shall not be terminated, in whole or in part, nor
<br />shall lessee be held liable in damages, for failure to comply with
<br />the express or implied covenants hereof, if compliance therewith is
<br />prevented by, or if such failure is the result of, any Federal or
<br />State laws, executive orders, rules, or regulations. If, at the
<br />end of the primary term hereof such term has not been extended by
<br />production or drilling as in this lease provided, and lessee, by
<br />reason of the above recited causes, is unable to drill a well on
<br />the leased premises for oil, gas or minerals, the primary term and
<br />the rental provision hereof shall be extended automatically from
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