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Timber Rights |
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Tigerton Lumber Company shall retain full logging and timber rights in and to the premises, which is the subject of this auction into perpetuity. Tigerton Lumber Company retains all logging and timber rights and also reserves a perpetual right to ingress and egress on and over all existing roadways for purposes and all activities pertaining to the harvesting and marketing of timber as well as forest management. Tigerton Lumber Company shall be the owner of all timber so harvested. Tigerton Lumber Company agrees to use sustainable forest management practices, and agrees to harvest in accordance with all applicable Wisconsin DNR regulations. The land will be kept in the Wisconsin Department of Natural Resources Managed Forest Land program, if available. If such a program or its successor is not available, then Tigerton Lumber Company agrees to harvest timber in accordance with the terms of the Managed Forest land program most recently in place. The parties agree that no logging shall take place prior to July 14, 2012 without the written consent of the buyer or current owner of the land in question. The parties further agree that Tigerton Lumber Company shall not access to the subject real estate between Sept 1st and Dec 31 st of each calendar year (hunting season) without the prior written consent of the current owner of the real estate in question.
The buyer or current owner of the real estate has the right to remove, cut and own up to 10 face cords of firewood per 40-acre parcel per year from downed timber.
Tigerton Lumber Company agrees to negotiate in good faith with any subsequent purchaser or prospective purchaser from the buyer regarding reasonable modifications of the timber rights reserved herein.
Buyer shall have the right to clear cut an area up to but not exceeding 5 acres per 40-acre parcel for purposes of creating food plots. Tigerton Lumber Company shall be entitled to possession of all the timber created by such clear cutting.
Tigerton Lumber Co. shall be responsible for timely notification of its proposed timber harvest to the County Clerk as required by law. Tigerton Lumber Co. shall be responsible for the timely payment of the yield tax imposed as a result of timber cut from Managed Forest Lands per Sec. 77.87 Wis. Stats. as amended.
Tigerton Lumber Co. shall notify the owner at least 2 days before commencing a harvest of timber on the property, and shall notify the owner when the cutting has been completed.
Tigerton Lumber Co., and its successors and assigns, agrees to defend, indemnify and hold the present owner of the property, and its successors and assigns, from and against all causes of action, claims, demands, suits, liability, or expense by reason of loss or damage to any property, or bodily injury to any person, as a direct or indirect result of its timbering operations on the property or any other action or omission of Tigerton Lumber Co.
This agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns.
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