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<br /> I�IISC�I�LAN�OUS RECORD W
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<br /> '� $9283-THEAU6USTIXECO.GRANDISLANO.NEBR. � . � � . t � �
<br /> \ Tn the event any loss is sustained in the operations herein set ouL, said loss shall be shared equally
<br /> � by the parties.
<br /> � Under any circumstances at the end of the lease period, a full account,�ng shall be made and '�he shares
<br /> of first parties shall be paid to the�c. All books shall be available f or inspection by any of the parties
<br /> to this contract at any time.
<br /> It is understood and agreed that second party shall proceed at once to operate said pit and that he shall
<br /> hire all men and obtain all other equipment necessary to fully operate said pit and that he will remove and
<br /> take therefrom as much sand and gravel as it is reasonablg possible to do, and in this connection, second
<br /> party�s decision shall be at all times f inal.
<br /> It is further agreed that second partp wi11 supply a building or house trailer and that the same may and
<br /> will be located close to the said pits, will be us�d as an office and all books and records �ertaining to the
<br /> operation of said pit will b�lcept in said office.
<br /> It is further agreed that all expense incurred in connection with the removal and delivery of said sand
<br /> and �ravel, a11 labor in connection therewith, gasoline, truck repair, oil, licenses, te].ephone expense,
<br /> and anyother expenses in connection with the removal and delivery of �aid gravel and sand shall be charged
<br /> against the amount received from the sale of said gravel and sand and, without limiting the deductions to the
<br /> items specified, all expenses in connection with the operation of said pit shall be deducted from the
<br /> amount received from the sale thereof and after said deductions are mad e the net amount received from the
<br /> sale of gravel and sand so sold and paid for shall be divided as follaws: One Half thereof to parties of
<br /> the first part and the remaining one half to the party of the second part.
<br /> It is understood that second party is to receive no compensation for his services nar is he to perform any
<br /> manual labor and that the books of account of his transactions shall rema.in in his possession but sha11
<br /> be open to inspection by first parties at any reasonable time, and, division of the profits, if a,ny, shall
<br /> �ie made at such time or times as second partp deents the amount sufficient to warrant a�:division without
<br /> impairment of the capital for operating expenses.
<br /> It is also understood that any moneyts received by second party shall be in no way liable for the
<br /> satisfaction of any indebtedness of first parties and that they shall be entitled to collect for anq
<br /> gravel or sand sold prior to the date of this contract, bat, if first parties have any contracts the� have
<br /> not completed, then second party shall be entitled to complete the same and collect f or the gravel and
<br /> sand delivered by him in the fullfillment of the contracts with the parties of the first part.
<br />, This contract shall be binding upon our heirs, Eacecutors, administrators, and assigns.
<br /> Carolyn Niedfelt
<br /> Billie Marie Lund
<br /> Harry Markle
<br /> STATE OF NEBRASKA )
<br /> ) ss. On th is 28 day of April, A. D. 1952, before me Harry Grimminger, a Notary Publ ic,
<br /> Hall County ) duly commissioned and qualif ied f or and residin� in said County, pers onally
<br /> came Carolyn Neidfelt and Billie Marie Lund, the said lessors, and Harry
<br /> Markle, the said lessee, t� me knawn to be the identical persons whose names are affixed to the foregoing
<br /> convepance as lessors and �essee, and acknowledged the said, instrument to be their voluntary act and deed.
<br /> WITNESS my hand and seal the day and year last above written.
<br /> My commission expires Sept. 1, 1957. (SEAL) Harry Grimminger
<br /> Filed f or record this 14 day of May 1952, at 9:00 ot clock A. M. �L%���L►�,.
<br /> Register of Deeds
<br /> o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-ao-o-o-o
<br /> AFF IDAV IT
<br /> ���,�R
<br /> STATE OF NFBRASI� )
<br /> ) ss: I, Glenn H. Geddes, being first duly sworn, on �y* oath depose and say that I am a
<br /> COUNTY OF HALL ) duly licensed and practicing mortician in Grand Island, Hall Cotuity, Nebraska, and
<br /> have been such for more than twenty-five years last past; that I personally well
<br /> knaw the following described real estate, to-wit:
<br />,�
<br /> Lot Seven (?) in Block Sixteen (16) in South Grand Island, an Additi on to the City of Grand Island,
<br /> Nebraska; � �
<br /> and have so personally well knawn said real estate for more than thirty years last past; I further positively
<br /> state under oath that I personally well knew Ward Lincoln Austin and Emma Austin, husband and wife, during
<br /> thei.r respective lives, who took title to the above described read. estate by warranty deed dated July 11,
<br /> 1929, which deed i.s recorded in Book 69 at Page 483 of the Deed Records of Hall County, Nebraska, and which
<br /> Emma Austin was grantor in the warranty deed dated November 19, 1943, and recorded in Book 95 at Page 398 of
<br /> the Deed Records of Hall County, Nebraska, in which last described �eed said Eaena Austin reserved unto hersel,f
<br /> all rents, issues and profits of said premises above described during the term of her natural life;
<br /> Upon my oath I further positively state from my awn personal kna,►iedge that the said Ward Lincoln
<br /> Austin died June 14, 1942, and the said F,mma Austin died March 17, 1952; that I was the mor�ician in charge
<br /> of the preparation of their bodies for burial and knaw positively that both of them were buried in the Grand
<br /> Tsland Cemetery in Hall County,� Nebraska.
<br /> Further aff ia�t saith not.
<br /> � Glenn H. Geddes
<br /> y
<br /> Subs�cribed in my presence and sw��'ri to before me this 14th day of May, 1952.
<br /> My �,
<br /> ommission expires May 17, 1956. (SEAL) Herbert F. Mayer � `
<br /> Notary Public
<br /> Filed f or record this 14 day of Map 1952, at 4:45 otclock P. M. ��� ��
<br /> Register of Deeds
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