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This Contract entered into this______day of______, 19____, by and between____________of____________, 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 ($________) under the conditions set forth in this contract all of the standing timber as marked or described in said contract for cutting upon an area of approximately _____ acres located in__________County, Kentucky, land owned and recorded in the name of___________. Page No.:___________. The Purchaser further agrees to pay the Seller the sum of ___________ ($___________); payment to be made in accordance with the following schedule: ____________________. 2. TITLE AND BOUNDARY LINES - The Seller guarantees title to said timber and to defend it against any and all claims and to have the boundaries marked with paint or other suitable means before any timber is harvested. 3. TIMBER TO BE CUT - a. Marked Timber - All trees to be included in this sale will be marked as follows___________________________. b. Diameter Limit - All trees to be included in this sale will be _________ inches or more in diameter outside the bark. Measurement shall be made where the tree is severed from the stump, but not closer than six inches to the ground. c. Other harvesting methods - 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 __________, 19____. 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 or under diameter limit size shall be protected against unnecessary injury in felling, skidding, or hauling operations. 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. c. Any damage caused by the Purchaser or his contractor, employees, or agents, to fences or other improvements of the Seller shall be required or paid for by the Purchaser. d. All laps will be pulled into the woods area when felled into agricultural fields and navigable streams. 6. 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 manufacture and removal of the lumber. 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_________________, 19_____. WITNESSES: _______________________________ _____________________________ Seller _______________________________ _____________________________ Buyer Notary: Subscribed and sworn to before me, __________________ this______day of__________________, 19________. ______________________ Notary Public My Commission Expires ________________________________________ This sample contract was developed by a committee of the Kentucky Forest Industries Association as an aid in preparing sales contracts for standing forest products; it was unanimously approved by the Board of Directors of KFIA. The association has urged its members to use this in timber transactions.
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