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3/14/2012 12:53:13 AM
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1/5/2012 10:10:54 AM
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O-561
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��w°����� - <br /> � <br /> ���'����� ���������t �����'�'��,���?� � <br /> � � <br />________._ _ __ �_---___ . ___-__- --_ ___ <br /> _ _-._ --- -__ ___---___ <br /> -- _ __ _ - _-_- - --_---- -- --- <br /> �; <br /> described �iece of land. That is ,they �rill not exeavate the surface at any point eloser than !i <br /> ° twenty-five ( 25) ,feet to the boundary line of the premises leased herein. <br /> The parties of the �econd part further agree that they will not pile or allow the accum- ': <br />' ulate any sand pile,dirt pile or other obstruction around the edges of said tract of land <br /> and that thep v�ill remove all such accumulation on or before the termina,tion of this lease. <br /> It is further agreed by the parties of the second part that they will keep said gravel <br />� pit properly fenced with three �vires and posts ,l rod apart ,and that they will permit the <br /> ; <br /> parties of the first part ,to use the unused portion of said premises for pasture for the <br /> first parties' arattle until such time as the same is needed for the purpose of excavating <br /> gravel therefrom,said pasture to be allowed to the parties of the first part free of char�e. ; <br /> It is further agreed that the parties �of the second part will install a gravel pump with ; <br />` � cylinder not to exceed eight inches in diameter and that they are permitted to pump on an ;i <br /> everage of . twelve hours per day each day during the ezistence of this lease but it is agreec� <br /> that in the event the parties of the second part should install more than one such gravel !' <br /> ' I' <br /> pump that in addition to the rent herein paid,they will pay an additional �50. 00 per month, i <br /> on the first day thereof,for each pump so installed and used,it being agreed that the said r, <br /> �50. 00 per month so paid shall be credited on the full amount of this lease. The intenti�n of ;; <br /> the parties being that in the event that more than one pump is used by the parties of the ' <br /> secon d part then the rent shall be paid in accordance with the number of pumps used but that <br /> credit shall be given on this eontract an d lease for the amount so paid in �,ccordance with <br /> , the number of pumps so used. It being understood,however,t�hat the parties of the secondpart "I <br /> must pay the �50. 00 per month,on the first day of each month even thou�h no pump is used. <br /> � It is further a reed that the parties of the second part will v�ithin thirty days after , <br /> g <br /> , <br /> , the installation of thepump an d other ma,chinery necessary for the excavation of sand arnd <br /> � gravel ,execute a chattel mortgage on all of the pumping equipment placed in said gravel pit, '!, <br /> , <br /> eaf.d chattel mortgage shall be in favor of the parties of the first part and shall be given �' <br /> 'i <br /> to secure the prompt payment of all rents to become due under this lease,said chattel mortga�e <br /> shall not draw interest but shall be given as security for the pay:nent of the �ent hereunder.�, <br />� ,� <br /> ! In the event that the parties of the second part shall fail,refuse or neglect to execute <br /> said chattel mortgage on said property within thirty days after the same is installed in sai�. <br /> premises, that the same �rill be considered as a forfeiture of this lease,and the parties of <br /> the first par� �nay re-enter said premises an d take possession thereof. , <br /> It is further agreed that said chattel mortga�e shall be a first lien on the equipment <br /> I� <br /> of the parties of the s econd part used in said grafi�el pit. '' <br /> ; <br /> , It is further agreed that if the partiea of the second part should fail to pap the rent ' <br /> �'� promptly as above specified, that the parties of the first part shall have the right to re- ''i <br /> II '!, <br /> possess said premises and shall be entitled to sue and recover for the unpaid balance of the '� <br /> i xent due under this contract and lease as liquidated damages. <br /> It is agreed that when secon� parties desire to break out new ground_for extending the <br /> i san d pit as above described,they will notify first parties three days in advance thereof and'! <br /> first parties ahall have the option to take all of said dirt. If first parties do not desire ' <br /> ; <br /> saia dirt they a gree to notify seco�d parties within three days and in that event second i� <br /> �� <br /> parties may dispose of said dir� in any manner they d�sire. �� <br /> , �; <br /> It is further agreed that the parties of the first part �ill be entitled to the dirt re- ' <br />� moved from the surfaee of said pit free of charge and that they may take as much thereof as '� <br /> �i <br /> „ <br /> they desire from tir�e to time without any expense,but they are required to hau), the same ;i <br /> � <br /> ' �! <br /> from the surface surrounding_ _said pit_at theirown ex�ense and they will not be required to � -� <br />--------_ �--__-- - ---- _ _ ___--------- -------- <br /> i� <br /> �� <br /> �� <br /> li <br />
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