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This Contract entered into this______day of______, 20____,
by and between Bristow Farms, Inc. of Albany, Kentucky, hereinafter
called the Seller, and ____________________, hereinafter called the
Purchaser, WITNESSETH:
1. The Seller agrees to sell and the Purchaser agrees to buy
for the total sum of____________dollars ($________) cash in hand
paid under the conditions set forth in this contract all of the
marked standing timber as described below on a contiguous area
of approximately 30 acres located on Sewell Mountain off Highway
350 in Clinton County, Kentucky, land owned and recorded in the
name of Bristow Farms, Inc.
2. TITLE AND BOUNDARY LINES - The Seller guarantees title to
said timber and to defend it against any and all claims.
3. TIMBER TO BE CUT - Marked Timber - The approximately 589
trees included in this sale are marked with two yellow paint
spots, one breast high and one below stump level.
The Purchaser is to cut only marked trees but if any unmarked
trees in the sale area are inadvertedly cut then if the stump
diameter is greater than 12 inches the Purchaser must pay the
Seller for such trees according to the following price schedule:
per tree:
White Oak $400
Black Walnut $200
Hard Maple $200
Cherry $200
Red Oak $150
Chestnut Oak $100
White Ash $100
Yellow Poplar $ 80
Hickory $ 50
Other species $ 30
The above prices are doubled for any unmarked trees cut with
a stump diameter greater than 20 inches.
4. EXPIRATION TIME - Unless written extension of time is herein
provided for, and is granted, all timber shall be cut, and
removed on or before one year after the date of this contract.
5. THE PURCHASER - Further agrees to save harmless the Seller
from any liability arising as the direct result of the timber
harvesting operations; and to cut and remove said timber in
strict accordance with the following operations.
a. All trees not marked shall be protected against
unnecessary injury in felling, skidding, or hauling
operations. All stumps must be cut no more
than 12 inches high on the uphill side unless
circumstances prevent.
b. All existing roads and trails on the sale area and on
other property of the Seller over which the Buyer must
travel, should be kept in passable condition at all
times. All roads and trails shall be left in good
repair at the expiration of the operation.
All log yards and haul roads across farm fields must
be smoothed and seeded when the harvest is completed.
c. Any damage caused by the Purchaser or his contractor,
employees, or agents, to fences or other improvements of
the Seller shall be repaired or paid for by the
Purchaser.
d. All treetops will be pulled into the woods area when
felled into agricultural fields and navigable streams.
e. All skid trails must have water bars installed properly
as per Kentucky Division of Forestry Best Management
Practices when the harvest is completed.
f. During logging and hauling all farm gates must be kept
closed when cattle are present which will be from the
month of March until the month of November.
g. 26 trees marked as cull with a yellow paint mark at
the ground but no paint mark breast high must be cut.
Purchaser may remove these trees at his discretion.
h. All trash and machine parts, cans, bottles, old tires,
lunch leavings and any other trash dumped on the
property must be removed from the premises.
6. ESCROW - Before harvesting commences the Purchaser must put
10% of the above sale price into escrow as a deposit on
fulfillment of the contract. This money may either be held by
Bristow Farms or by any local attorney accepted by the buyer and
by Bristow Farms. If the money is held in escrow by an attorney,
the buyer will be expected to pay all attorney and escrow fees.
If anything on the above list is not done properly the escrow
money may be used by the Seller to complete the job and any
money left will then be returned to the Purchaser when harvest
is completed.
7. THE SELLER - Agrees and grants to the Purchaser sufficient
log yards for bulking, piling, and loading timber cut and the
right to ingress and egress across and upon the sale area, and
any adjacent property of the Seller, for the Purchaser, his
contractors, agents, and employees, materials and logging and
sawmill equipment including lumber trucks, necessary for the
removal of the timber. The Seller reserves the right to
designate or approve the location of any new roads across
cultivated fields, pastures, or other cleared lands, and areas
for bulking, piling, and loading logs and lumber.
IN WITNESS THEREOF: the parties hereto have hereunto signed
their names in the presence of the undersigned witnesses this
______________day of_________________, 20_____.
WITNESSES:
_______________________________ _____________________________
Seller
_______________________________ _____________________________
Buyer
Notary: Subscribed and sworn to before me, __________________
this______day of__________________, 20________.
______________________
Notary Public
My Commission Expires ________________________________________
Last revised December 8, 2006.
URL: http://www.kyphilom.com/www/tmbr2.html
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