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

psrposes. And this contract. 10 issued sub.
Sect to all valid existing nghts. essements
rights Of way and reservations.
u. It 10 understood and agreed tina,
the timber on all Of the lands described
in Schedule "B", attached hereto and made
q part hereof. shall be sold. cut. logged,
terms and conditions herein expressed. And
in the event OF the sale Of any or all
Of the said land: described in said Schedule
"B" to other than the Purchaser herein,
eral right.of-way for cutting, logging. and
operating thereon. shall be reserved, and
the same 10 hereby granted to the pur-
chaser, But Il the lands in said Schedule
B shall be bid in by and sold to the
Purchaser herein, then said lands shall be
subject to all of the conditions in thi,
contract which are applicable to the lands
described in Schedule A hereto attach
Is. At any time when there shall re.
main not more than ten (lO) sections OF
the lands uncut, but not later than January
LIST, 1887. the Commissioners will submit
estimates of all the timber remaining un
paid for upon the lands herein, and the
Purchaser shall within thirty $50 days after
missioner Of its concurrence or non con
currence in the correctness of such estim
ates. If the Purchaser shall concur. final
settlement shall be made upon the basis
refuse to concur in the estimates so sub.
mitted, then the amount OF timber in dis
pute shall be determined by a cruise and
estimate made by one or more cruisers
appointed by the Judge of the Usited States
District Court for the District in which
the Capital of New Mexico may then be
situated.
D-- .I-t =
provided for in Paragraph Five IS here.
Of; but if the timber on the sections cut
upon during any one year shall exceed
ten million ,1o,ooO,0O feet, such excess
the preceding year. On or before January
1st, 1889, payment in full for all lands
and the timber thereon must be made il
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 ne,
GO,00O feet OF timber on the lands, the
graph Five C) hereof, shall be made on
a basis of one-twelfth Q-12 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 Oh
the purchase price Of the lands is strict
ly in the interests of and for the benefi'
ana pfOteCtlOn OF the State OF new NICK
leo it being admitted to be in the in
terest of the State to require a NOR,
stringent contract in this regard than 10
specified by statute.
IS. 1t is understood and agreed by
both parties hereto that inasmueh as the
sale of the lands and timber herein des
cribed, is made at public auction and up
on advertisement setting forth this %contrac'
m full, no modification of this CONTRACT
or of the terms thereof shall hereafter
be made.
B. This agreement shall inure to the
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'
duties of the Commissioner Of Public Land.
shall be substituted for the COMMISSIONS
Of Public Lands for all purpose OF thu.
agreement.
THE PURCHASER AGREES tina tn,
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 or
such land shall be paid by said Purchaser,
that this contract shall not be sold, as
signed or transferred in any manner what
soever except as provided herein. and 10
no event shall it be sold, assigned OF
TRANSFERRED III any uldHuCI WhdLSoCVCr 10
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
only; that while the land herein contract
ed for is believed to be essentially non
mineral land, should mineral be discovered
thereon it is expressly understood and
the express condition that the minerals
therein shall be and are reserved to the
fund or institution to which the land be
longs, together with right of way to me
his authority, to at any and all time.
move upon said land and mine and re
move the minerals therefrom without lie,
or hindrance. But no reservation of min
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
to that time is the essence Of this con
tract, and that if default is made by the
purchase in any Of the payments as pro.
and agreements set out herein are moi
truly kept and performed by. the said
purchaser at the time and in the manner
as herein provided, then this %eontrae, car
Commissioner, and all payments, with in
terest, shall become liquidated damages, up.
on failure Of the purchaser to comply with
thirty. days notice of intention to cancel
mailed 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 Commissions,
shall be entitled to immediate and exclu
sive possession of the herein described
to repossess and enjoy as though
this contract had never been made.
IT is FURTHER UNDERSTOOD AND
AGREED. that possession to lands herein
for and held under existing
ses at the date hereof, do not com,
into the possession of the purchaser until
October LIST, following date hereof.
signatures. etc.)
Sale No. 1873 - So, Sec. 20; All of sec
tions %, 80, %, "a: T. II NJ. R. IA W.
81 n NJ: sfs s ! :! &c. = T. y; T T II II e. e. K I. Il :;
W.. containing 9l2O acres. The i'm
provements consist of house and fene-
ing value, $4,000. No bid on this
acre, to be paid as provided in para
graph one OF the above contract. These
lands are referred to in paragraph u o,
said contract as schedule "B" Iands.
Sale Nc: Ia. 81. Sec. 2; Al Of Sec
q; t: II N, R. il W.. SEN.. NHsEN,
s.; 2; 81. T: T. Z; NJ Shs Il + E swx SMx, wv W.
NWAsEN, Sec. 8; All Of Sc; is;, sWN
Sec. Al 2; !, e: N Y. wv S. swx Y.W Sss
sEKNWN, SWNsWX. SEX, Sec. u; T. q
n. r. n w, All Of Sections 4, 10; T
q n, r, IS w, All Of Sec. g; I. - n,
"a W., ny, SWN. Sec. Is. T.. - N,
Is W., containing 8068.80 acres. The i'm
provements consist of fencing, value SIPS. 50.
No bid will be accepted for less than $3.15 per
lcre. to be paid a. provided in paragraph
me Of the above contract.
Sale No. l1zs = All Of Sec. u; ny. Sec.