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0±/22/01 WED 09:20 FAX 1 [PHONE REDACTED] BENNET LUMBER PRODUCTS liZI 002/004 P.O. Box 49 3759Hwy. 6 Princeton, ID 83857 (208) 875-1121 Timber Contract This INDENTURE made and entered into this 21st day of August 20..QL_, by and between City of Moscow , parties of the first part, and BENNETT LUMBER PRODUCTS, INC., a corporation organized and existing under the laws of the State ofidaho, with its principal place of business and address at Princeton Idaho, party of the second part. WITNESSETH, that The said parties of the first part, for and in consideration of the price to be paid per thousand per specie as is set forth in Exhibit attached hereto and made part hereof as though fully set forth herein, and in other good and valuable consideration to them in hand paid by the party of the second part, receipt whereof is hereby acknowledged, have granted, bargained and sold, conveyed and transferred, and by these present do grant, bargain, sell, convey and transfer unto the party of the second part, its successors and assigns, the merchantable timber, as that term is defmed in Exhibit attached hereto and made part hereof by this reference, said timber standing and being and hereafter growing upon the real property situated upon lands described in Exhibit attached hereto. Said timber as removed by the party of the second part shall be scaled by Scribner Decimal C Scale, a copy of said scale shall be delivered to the parties of the first part as frequently as set forth in Exhibit attached hereto. The party of the second part shall make payment unto the parties of the first part for timber removed on or before the 15'h day of each month on the 25'h of said month, timber removed on or after the !6'h of the month will be paid on the I O'h of the following month. TOGETHER with right in the party of the second part to enter in, over upon and across the above described lands and to cut and remove the said timber therefrom for the period as set forth in Exhibit attached hereto and made part hereof, with full right during said term and time to make such alterations upon said lands as may be required in the cutting, removing, managing, protecting and manufacturing of timber thereon or upon other lands of the party of the second part, whether adjacent to the above described lands or not, including the right to entering, upon, over and across said lands to remove any and all timber, other than described that the party of the second part may now own or hereafter acquire during said term and the right to go upon, over and across the lands for any purpose connected with the business of the party of the second part, its successors and assigns. Compliance with all state and federal statutes and applicable rules and regulations of local, state or federal agencies concerning brush disposal upon the lands described shall be the obligation of the party named and shown in Exhibit attached hereto and made part hereof The party of the second part, in its operations upon the described real property, shall, where cultivated lands are involved undertake to do the minimum damage reasonably practicable in going over and across said lands and shall repair or replace any fences damaged or destroyed 2001-44 ---PAGE BREAK--- ²a/22/01 WED 09:21 FAX 1 [PHONE REDACTED] BENNETT LusER PRODUCTS in said operation, and shall cause all gates to be kept closed or in lieu thereof, cattle guards adequate for the party for the second parts purpose sufficient to hold cattle to be constructed. 141003/004 Upon expiration of said term for removal, unless said period for removal shall have been previously extended in writing, all rights, title and interest under the party of the second part in and to said timber shall terminate and title to the remaining timber tllereon shall thereon revert to the parties of the first part. And the said parties of the first part, for themselves, their heirs, executors and personal representatives, do covenant and agree to and with the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of tllese present, they are well seized of the timber, right of way and easements above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance and law, and have the good right, full power and lawful autllority to grant, bargain, sell and convey the same in the manner and form aforesaid, and that the same are free and clear of all former or other grants, bargains, sales liens, taxes, assessments and encumbrances of whatever kind or nature. IN WITNESS WHEREOF the parties of the first part have hereunto set their hands tlle day and year herein above first written. ss. County of _ On this 18th Day of September , 20.22._, before me, the undersigned, a Notary Public in and for said state, personally appeared MARSHALL H. COMSTOCK known to me to be the person(s) whose names are subscribed to the witllin instrument and acknowledge to me that they executed the same as the owners of City of Moscow IN WITNESS WHEREOF I have hereunt t my hand and affixed my official seal the day and year in this certificate first above Residing at Moscow the ein. My Commission Expires: 09/08/2003 The intent of this logging agreement will be to enhance the growth and vigor of this stand of timber and to bring this stand under management so that it will continue to produce timber on a ---PAGE BREAK--- 0'1>/22/01 WED 09: 22 FAX 1 [PHONE REDACTED] BENNETT LU!!IlllR PRODUCTS long term basis. Listed below are the terms and conditions to do so. 1 NET$/MBF Ponderosa Pine Cedar Red Fir and Larch White Fir Cedar Products Exhibit 240 524 170 136 80 2. Description of Merchantable Timber per species as follows: 1> 7 LH-f C/.1 Co i?P 0007 K -SiJAu3DN 6668 I 11 ' , ' I CODt45 I 40.18 /I 1.72RDAC 113 t.J-1 NEt/ I' 32.92 I . 30.18AC Yf.U A-\lZfi\51 l fi.32RDAC _ § ""'i7 • 2407 13148 I 0018 ::STITZ:IN4g l' I H£1 1-UI'\f,O:. CD f2 12 . t , 0.IIRDAC Oo33RDAC I 32,78 39.98 ' I 1 abc - . I n- I 0·9GRDAC - iG /208 Li:tl'I'\Be:e " 1 _ _ 0.65RDAC llf'-- j ª - 3 39.79 h(I,. » " ! j3 o.69RDAC 0.92RDAC 00< _teN JJ R. p:..e;t I - / c 0,69RDAC 4, I f, f ' I 32.62AC I I B. I;&A; J 5417 1.60RDAC t f-g I c . -¬1\-li:.NICX I.ISRDAC I I . I - - · 1 ;I - t-:2 - - . I 39.2!i . I 39o40 4848' 247Sl. 136/J)}f';'(l 9208 CJ0/9 ' p.q r o t , -c if;'£1./Nii!!:f/ = - 1 re r 14iZ/l> JYJ. : 6007 - 6:>LD¨ 6667 GODE45 - · C0DE40 I I . - - - - _ - , , · - -<'25/o J ; - . 0060