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�� s���.�,�,��ous ��� o�� �
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<br />_.________ ____�____________________,_______ ______
<br /> TNE AU6UfTINE CO.-7GOG �`
<br /> �' As to sand and gravel removed from the premises by railroad, payment shall be ma.de on the basis �i
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<br /> '' of the railroad company �s records. �
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<br /> �. It is mutually agreed, and it is one of the considerations for this lease, that the Q�ravel Cor- !
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<br /> ' poration may at any time on or after Aprll 15, 1941, terminate this lease and all future liabilit '
<br /> , hereunder, should it in its ,judgment �'ind it inexpedient or undesirable to carry on further grave �
<br /> '! operations on the leased premises or to make other use thereof; by giving 3 monthsr notice oP sai�
<br /> �'� el.ection so to terminate. i,I
<br /> :� It is mutually agreed that the Owners shall have the right �uring the aforesaid lease period to i
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<br /> '.' ma.ke use of the leased premisea for pasturage and other agricultural purposes, sub�ject at all !,
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<br /> � times to the rights o� the �ravel Corporation as herein set forth; and provided, that no use of ��
<br /> '. said premises by said Owners during the lease term shall be made in a manner to interPere with '�
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<br /> �: the us� of said premises �ranted the Q�ravel Corporation under this agreement. �
<br /> This agreement succeeds &nd supersedes an agr.eement made January 2�, 19�9 between Richard �uester!
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<br /> and James 1�. Traill, recorded in the ofPice of the Register of, Deeds of Hall County, Nebraska, '�
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<br /> on October 14, 1919 in Book "N" of Miscellaneous Records at Pa�e 5��, and of' which the Gravel ;!
<br /> ;. Corporation is assignee, and likewlse supersedes and aucceeds all previoua agreements between i
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<br /> " the parties hereto and bet�ween the Owners and the Lyman-Richey Sand and Gravel Company, to whose �
<br /> rights the �ravel Corporation has succeeded; and the parties hereto mutually agree that all said ;
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<br /> !' previous contracts be and the same are hereby cancelled and terminated, and all of the parties �
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<br /> i hereto hereby acknowledge satisYaction each from the other of all liability under said contracts '
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<br /> and the operations carried on thereunder. �
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<br /> That Elsie Kuester, one oP the partiea of the first part hereunder, directs that all payments of' '
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<br /> rentals and royalty made hereunder by the Gravel Corporation, be made to the said Richard M. �
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<br /> � Xuester, I
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<br /> ; This agreement ahall be binding upon the heirs, executors, administrators, successors and
<br /> •,; assigns of the parties hereto. III
<br /> �' �PITNESS 'the hands of the parties hereto to these presents in duplicate original the date Pirst I'I
<br /> �� herein written, the Lyman-Richey Sand & �ravel Corporation affixing its seal thereto and execu- !,
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<br /> i' ting these presents by its offieers duly authorized to do so. ;
<br /> '� In the Prese��e of: j
<br /> J.L.Cleary Richard �.Kuester ,
<br /> ' J.L.Cleary Eleie l�uester ;
<br /> Party oP the Firat Bart i
<br /> L796AN-RICHEY SAND & �RAVEL ;
<br /> (CORP) CORPORATION
<br /> ' 1Cathryn �I.Rogers (SEAL) By Fred P.Curtis Its President
<br /> Rathryn Pd.Rogers J.R.Burke, Its �ecretary I'
<br /> P�tg of the Second Part. i
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<br /> 5tate oP Nebraska ) On this 20�� day of May, �936, before me, the undersigned, a Notary Publia
<br /> )sa �
<br /> � ' County v� Hall ) in and for said County, personally came Richard Ad,Ruester and Elsie �
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<br /> Kuester, his wife, personally known to me to be the persons whoae names are af�ixed to the above '
<br /> - instrument, �.nd they each acknovrledged the execution the�eof to be th��r voluntary act and deed. li
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<br /> �' V�ITNESS my hand and notarial seal the day and year la.st above written. . ',
<br /> J.L.Cleary
<br /> (SEAL) Notary Public
<br /> ' Commission expires Apr11 l�, 1941. ;I
<br /> ' State oP Nebraska ) On this ��: day of May, 1936, before me, the undersigned, a Notary
<br /> )ss ;
<br /> Douglas County ) Public in and for said County, personally came Fred P.Curtis, Presi- �
<br /> ' de��t, a,nd Ja.mes A.Burke, Secretary oY Lyman-Richey Sand & Gravel Corporation, a corporation, ��
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<br /> �; personally known to me to be the persons vahose names are a�fixed to the above instrument, and
<br /> '' they each acknowledged the execution thereof to be their voluntary act and deed as such ofPicersil
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<br /> `; and the voluntary act and deed o�' said corporation, and that the corporate seal of said eorpora- ;
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<br /> ' tion was thereto affixed by its authority. �
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<br /> 1iiTNESS my hand and notarial seal at Omaha in said County, the d�.y and year last above written. i
<br /> ' Commiesion expires May 2�, 193�. ��E�� �`:�"� I�athryn �.Ra�ers, '
<br /> � Filed for record this 22 day_ oP August, 1936, at 9:00 o'clock A.M. � �` a���g !
<br /> eg e er o ee
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