New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1918-07-12

on, and across the said iasds. with right
OF ingress and egress at all times TOR sucl
purposes: And this contract !: issued sub
rights OF way and reservation.
IL. II 10 understood and agreed tina
the timber "a all Of the lands describe
a part hereof, shall be sold, cut, logged
and paid for, under all and singular tn,
terms and conditions herein expressed. An.
in the event Of the sale Of any or al
"B" to- other than the Purchaser herein
or if the said lands are not sold a gen
eral right.of-way for cutting, logging, anc
operating thereon. shall be reserved, anc
the same is hereby granted to the PuI
chaser. But il the lands in said Schedul,
.B" shall be bid in by and sold to the
Purchaser herein, then said lands shall b.
subject to all Of the conditions in thi.
contract which are applicable to the land,
described in Schedule "a" hereto attach
ed.
49, AT any time when there shall re
main not more than ten UW sections o.
the lands uncut, but not later than %Januar,
estimates of all the timber remaining un
paid for upon the lands herein, and the
Purchaser shall within thirty 900 days after
receipt of such notice. advise the Com
ooiV - 10 VI oh-No
currence in the correctness of such estim
ates. II the Purchaser shall concur, final
settlement shall be made upon the basis
Of such estimates. II the Purchaser shall
mitted.. then the amount Of timber in dis
pute shall be determined by a cruise and
estimate made by one or more cruiser
appointed by the Judge Of the United States
District Court for the District in which
the Capital of New Mexico may then be
situated.
Payment shall thereafter be made as il
provided for in Paragraph Five () here
OF; but il the timber on the sections cut
upon during any one year shall exceed
ten million q0,00O,Om) feet, such excess
shall be paid for on December 3lst, for
the preceding year. On or before January
LIST, 1889, payment in full Tor ali land.
and the timber thereon must be made II
order to avoid forfeiture of the contract
and all previous payments.
In the final year of cutting, if there
shall remain less than ten million no,
O0,"Q feet of timber on the lands. the
monthly ayment provided for in Para
graph. Five () hereof, shall be made on
a basis of one twelfth Q-l2l OF the amount
of such timber so remaining.
IA. 1t is understood and agreed by both
parties hereto that the purpose of making
provision. herein for annual payments on
the purchase price of the lands 10 strict.
ly in the interests of and for the benefit
and protection OF the State Of New Mex
leo it being admitted to be in the in
terest of the State to require a more
stringent contract in this regard than 10
specified by statute
IS. 1t 10 understood and agreed BY
both parties hereto that inasmuch as the
sale Of the lands and timber herein des.
cribed, is made at public auction and up.
On o,tt,p- fDrtL ek.a ,,rA~o1s
in full, no modification Of this contrac,
or OF the terms thereof shall hereafter
be made.
benefit of and be binding upon the parties,
their respective successors and assigns. II
the office Of Commissioner OF Public
Lands shall be abolished, the public Of.
fetal most nearly performing the presen'
shall be substituted for the COMMISSIONS
of Public Lands for all purpose OF this
agreement.
THE PURCHASER AGREES that the
payments to be made as hereinbefore Get
forth, will be made promptly and on the
dates on which they become due and
payable, and that all taxes and assess,
ments that may be levied or assessed on
such land shall be paid by said Purchaser;
that this contract shall not be sold, az.
signed or transferred in any manner what.
soever except as provided herein. and 10
no event shall it be sold, assigned or
transferred in any manner whatsoever to
any person, corporation or association Of
persons. who are not qualified to purchase
state lands to the extent embraced here.
in. that this land is being purchased for
the purpose of grazing. and agriculture
ed for is believed to be essentially non.
land. should mineral be discovered
thereon it is expressly under stood and
agreed that this contract 10 based upon
the express condition that the minerals
fund or institution to which the land be-
longs. together with right Of way to me
Commissioner, or any one acting under
his authority, to at any, and all times
move the minerals thcrefrom without lie,
or hindrance. But no reservation Of min.
erals shall be made in deeds given under
the terms Of this contract for lands not
known to contain minerals in paying
quantities, at the time OF the execution Of
such deeds.
1T is EXPRESSLY UNDERSTOOD AND
AGREED by and between the parties here
that TING is the essence OF this con
purchaser in any OF the payments as pro.
vided herein, or II any Of the conditions
and agreements set out herein are not
truly kept and performed by the said
al the tImc anu IN inc mduucI
is herein provided. then this contract can
md may be cancelled at the option Of the
and all payments, with in.
crest. shall become liquidated damages, up.
IN failure Of the purchaser to- comply With
thirty days notice Of intention to cancel
nailed to the address given herein, and
all rights of the purchaser to acquire the
above land shall cease, and his rights in
and thereto end. and the Commissioner
shall be entitled to immediate and exclu.
posse ssion Of the herein described
to repossess and enjoy a. though
his contract had never been made.
1T is FURTHER UNDERSTOOD AND
AGREED, that posse ssion to lands herein
contracted for and held under existing
eases at the date hereof, do not come
the possession Of the purchaser until
October LIST. following date hereof.
(Signatures, etc.)
Sale No. lzz, - 81, Sec. 20; All of Sec
ions 2s, 30, %, "a; T. II N, R. a W..
5; n NJ. ses s@%, Sec y; i. il Il, 4. !;
containing 9l2O acres. No bid on this
ract will be accepted for less than S.ls
yer acre, to be paid as provided in para.
,raph one Of the above contract. These
ands are referred to in paragraph IL Of
contract as schedule "B" lands.
Sale No. 1874 = sH. Sec. 2; All Of Sec.
j; I: ii Sef n, = w.. SS'EN. SNsEN,
o. T. II N, R. u W, SWN, NWK
Sec. s; NHNEH, SWKNEX, WI.
lWXSEN, Sec. g. Ali of Sec. Isl; SWH.