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�-- _ , <br /> ��� <br /> �J[g �C�E�I�.A,�T���JS �3����� � <br /> ----------- ----- __ __ ___--- _- ------------___------------ --------- -- ----- <br /> TNf�U6U fTIM[CO.-7606 - i <br /> :' LEASE '� <br /> �� <br /> �, <br /> � THIS AGREEMENT, Made and entered into this 21st day oP bday, 1936, by and between Rudolph Baaseh �` <br /> iand �able Ba�,sch, his wife, parties of the first part and hereinafter called the Owners, and Lymar� <br /> , <br /> ,. <br />� <br /> oration dul authc�rized to do business in Nebraska with ��ii <br /> : Richey Sand 8s Gravel Corporation, a corp y , <br /> ��� <br /> �! <br /> .; its principal nlace of business therein in Omaha, Nebraska, party of the second part and herein- ;; <br /> f, <br /> ; after called the �ravel Corporation, WITNESSETH: <br /> ; <br /> ; That the Owners, under the terms and conditions and agreements hereinafter set Porth, do hereby ;; <br /> ;. <br /> ' lease to the �ravel 'Corporation, with the rights and privileges hereinafter set Porth, the follo�-;- <br /> � <br /> ing real property and interest in real property, situate in the County of xall and State of Nebra�ka, <br /> ,, <br /> �,�� to-wit: � '' � <br /> e <br /> ' Tract 1. The �est Six Hundred Feet oP the Northwe,at Quarter of the Southeast quarter of Seetion �` <br /> t w d ast and west and �� rod o <br /> 13, Township 11 Nortn, Range 9 West, being a strip 600 fee i e e , s 1 ng ;: <br /> � north and south; excepting a strip one rod east and west and �� rods north and south along the � <br /> '� extreme west side thereof, in use as a private roadway; (but parties of the first part lease to t�e <br /> Gravel Corporation any interest they m;2y have in said excepted strip, sub�ect to their right to �° <br /> use the same as a private road�vay) ; <br /> ! Tract 2. A piece or parcel of land one rod wide and eighty rods long along the west �side oP the ' <br /> Southeast quarter of the Southeast quarter of Seetion 13, Township 11 �Torth, Ran�e 9 �lest, and <br /> therefrom, and described as follo�s: Commencing at the southwest corner of the Southeast Quarter�� <br /> � of said Section, running thence due east one rod, thence north and parallel with the west boundar� <br /> line of said quarter and one rod distant therefrom eighty rods, thence west one rod thence south <br /> ' along the west boun�.ary line of sa.id quarter eighty rods to the place of beginning; sub�eet to ani� <br /> ' reserving the right to use the same as a private roadw�y by parties of the first part and others !� <br /> rightPully using the same; ' <br /> i` <br /> ' from April 15, 1936, _to April 15, 1961, a period oP t�renty-five years, sub�ect to earlier termina«- <br /> - ,; <br /> ' tion �.s hereinafter set forth. <br /> � That said �ravel Corporation is engaged in the business. of pwnping,excavating and otherwise pro- �'� <br /> ,� ducing and sell.ing sand and gravel for highway and building constructlon, and for other p�;rxposes." <br /> '! That• this lease is maae for the purpose of, and said �ravel Corporation shall have and is hereby :i <br /> granted, the right during the lease period aforesaid to excavate, pump, dredge and othervrise re- �; <br /> ; move s�,nd and gravel f'rom the leased premisea (except foregoing roadways) , in sueh quantiti'tes I' <br />, �!� and in sueh manner as it may from time to time desire, and in the prepaxation and production ther'�- <br /> of to prepare and produce the same at such places and in such manner �.s it may desire, and to " <br /> ii <br /> ;' csonstruet, maintain t�nd use roads, rallw�y tracks, transmission lines and any and all other ' <br /> +� " . <br /> ' appliancea, machinery, buildings, structures, equipment and/or facilities it m�,y desire, and whic� <br /> 1= <br /> ' are hereinafter designated as "�acilities and equipment, p and to do each and every other act andi� <br /> �; thing thereon and with reference thereto in ita �udgment neeessary and incident to the product�ion;�: <br /> �� <br /> 'i oP said sand and gravel from the a�oresaid Iands and other lands ad�acent; it being especially �i <br /> ; <br /> ', contemplated hereby that such faci�ities and equipment will and may be ueed in the production, �; <br /> � , <br /> � tr�nsportation, marketing and sale oP said sand and gravel from the 2ands of othera abutting or ! <br /> ;', <br /> ;; ad�acent to the lands of the Owners above described; and any of' said facilitiea and equipment mayi <br /> ` be removed at any time during the lease period, and �ithin ai� montha after �he expiration therea�'. <br /> 'd That in the exereise oP the rights and privileges afore�aid, the �ravel Corporation contemplatesj; <br /> ,, <br /> ;� -constructing pipe lines and facilities over and across the private road�vays referred to in each ;; <br /> ;; <br /> ������ Traete 1 and 2. . '` <br /> �: <br /> ; In consideration of the privileges herein granted, said �ravel Corporation hereby agrees that it � <br /> i <br /> ; will pay or cause to be paid to the said Owners as lease rental and royalty, the sum oP �ne Dol- ;; <br /> , <br /> la.r per railroad car for all sa�d and gravel removed from the premises of the OeQners ,by railroad ij <br /> � . � li � <br /> � <br /> !; car, r�nd Three Cents per cubic yard Por aIl sand and gravel removed from said premises .oP the <br /> �;. <br /> � Owners by truck, wagon or trailer; with a m1n�.mum payment to the �wners of Twenty-Five �ollars i= <br /> ;� <br /> !� <br /> ? per year until the Gravel Corporation erecta facilitie$ and equipment and actively begins the ;i <br /> �� <br /> ;; tranaportation of sand aXid gravel from the leased premises; then during the period such active ii <br /> ;. <br />� � ahipping operations are carried on, minimum payment of the sum of One Hundred Dollars per year � <br /> ;; ;; <br /> so long as they are thus carried on; and if the lease is terminated as her�inaft.er set forth, <br /> i' <br /> ;� <br /> ;, then the sum of T�venty-Pive Dollars per year to be paid in one lump sum Por the remainder of the ; <br /> �, <br /> 1' lease period, and within 6 mo�tha a�ter notiee oP such termination. �: <br /> ii � _ <br />