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This Contract entered into this______day of______, 19____,
by and between____________of____________, Kentucky, hereinafter
called the Seller, and_________________, hereinafter called the
Purchaser, WITNESSETH:
1. The Seller agrees to sell and the Purchaser agrees to buy
for the total sum of____________dollars ($________) under the
conditions set forth in this contract all of the standing
timber as marked or described in said contract for cutting upon
an area of approximately _____ acres located in__________County,
Kentucky, land owned and recorded in the name of___________.
Page No.:___________. The Purchaser further agrees to pay the
Seller the sum of ___________ ($___________); payment to be made
in accordance with the following schedule: ____________________.
2. TITLE AND BOUNDARY LINES - The Seller guarantees title to
said timber and to defend it against any and all claims and to
have the boundaries marked with paint or other suitable means
before any timber is harvested.
3. TIMBER TO BE CUT -
a. Marked Timber - All trees to be included in this sale
will be marked as follows___________________________.
b. Diameter Limit - All trees to be included in this sale
will be _________ inches or more in diameter outside the
bark. Measurement shall be made where the tree is
severed from the stump, but not closer than six inches
to the ground.
c. Other harvesting methods -
4. EXPIRATION TIME - Unless written extension of time is herein
provided for, and is granted, all timber shall be cut, and
removed on or before __________, 19____.
5. THE PURCHASER - Further agrees to save harmless the Seller
from any liability arising as the direct result of the timber
harvesting operations; and to cut and remove said timber in
strict accordance with the following operations.
a. All trees not marked or under diameter limit size shall
be protected against unnecessary injury in felling,
skidding, or hauling operations.
b. All existing roads and trails on the sale area and on
other property of the Seller over which the Buyer must
travel, should be kept in passable condition at all
times. All roads and trails shall be left in good
repair at the expiration of the operation.
c. Any damage caused by the Purchaser or his contractor,
employees, or agents, to fences or other improvements of
the Seller shall be required or paid for by the
Purchaser.
d. All laps will be pulled into the woods area when felled
into agricultural fields and navigable streams.
6. THE SELLER - Agrees and grants to the Purchaser sufficient
log yards for bulking, piling, and loading timber cut and the
right to ingress and egress across and upon the sale area, and
any adjacent property of the Seller, for the Purchaser, his
contractors, agents, and employees, materials and logging and
sawmill equipment including lumber trucks, necessary for the
manufacture and removal of the lumber. The Seller reserves the
right to designate or approve the location of any new roads
across cultivated fields, pastures, or other cleared lands, and
areas for bulking, piling, and loading logs and lumber.
IN WITNESS THEREOF: the parties hereto have hereunto signed
their names in the presence of the undersigned witnesses this
______________day of_________________, 19_____.
WITNESSES:
_______________________________ _____________________________
Seller
_______________________________ _____________________________
Buyer
Notary: Subscribed and sworn to before me, __________________
this______day of__________________, 19________.
______________________
Notary Public
My Commission Expires ________________________________________
This sample contract was developed by a committee of the
Kentucky Forest Industries Association as an aid in preparing
sales contracts for standing forest products; it was unanimously
approved by the Board of Directors of KFIA. The association has
urged its members to use this in timber transactions.
Please send comments to: Duane Bristow (72711.1414@compuserve.com)