Timber Sale Agreement

TIMBER SALE CONTRACT

STATE OF NORTH CAROLINA

COUNTY OF

TIMBER SALE CONTRACT

KNOW ALL MEN BY THESE PRESENTS, that this contract made and entered into this day by and BETWEEN or , a corporation, hereinafter referred to as the "Seller(s)," whether one or more, and or , a corporation, hereinafter referred to as the "Purchaser(s)," whether one or more, WITNESSETH:

That the said Seller, for and in consideration of the sum of Ten and no/100 Dollars and other considerations paid by the said Purchaser, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed, and do by these presents hereby grant, bargain, sell, and convey unto the said Purchaser all merchantable timber on their property located in County, State of North Carolina, and described as follows:

DESCRIPTION OF PROPERTY

Source of Title: DB , Pg

TO HAVE AND TO HOLD the same unto the said Purchaser, his successors and assigns, together with the following described rights, powers, and privileges, and subject to the following conditions, limitations, and reverter, that is to say:

1. The right to enter upon said lands from the execution of the timber deed until , except when extremely wet conditions exist which may result in excessive damage to the roads and residual stand of timber...

2. The right to use all roads over and across said lands...

3. The Purchaser, for himself and for his successors and assigns, agrees that in and about the cutting, hauling, handling, manufacturing, and removing of said timber and the products thereof, and in exercising the rights, powers, privileges and immunities granted herein, to do so in accordance with Management Practices as attached (See Exhibit “A”), or in accordance with Management Practices established by the State of North Carolina...

4. It is understood and agreed and made a part of this contract that all of the rights, powers, and privileges herein given and granted shall terminate and be at the end at midnight on and that all of the trees and timber hereby conveyed...

5. The Purchaser agrees to notify the Agent of the Seller, or its representatives, five days prior to entering the property.

6. Upon the execution of this contract, Purchaser has deposited with Seller a Cashier’s check in the amount of $ , which check is made payable to .

It is understood and agreed that the Purchaser pay to the Seller for any sawtimber trees cut that are not sold according to this contract at the rate of $ per M.B.F. (Doyle Scale) for pine sawtimber and $ per M.B.F. (Doyle Scale) for hardwood sawtimber.

It is further understood that the Purchaser pay to the Seller for any pulpwood trees cut that are not sold according to this contract at the rate of $ per cord for pine or hardwood pulpwood.

7. All of Purchaser’s operations hereunder shall be at Purchaser’s own expense...

8. Endangered Species Clause - BUYER and SELLER take cognizance of the Federal Endangered Species Act...

Given under our hands and seals this the day of , .

Acknowledgment for Individual – Purchaser(s)

STATE OF

COUNTY OF

I, , a Notary Public in and for said state and county do hereby certify that , Purchaser(s), personally appeared before me this day and acknowledged the execution of the foregoing instrument.

Witness my hand and official seal this day of , .

_______________________________

Notary Public, State of

Printed Name:

My Commission Expires:

Acknowledgment for Corporation - Purchaser

STATE OF

COUNTY OF

I, , a Notary Public in and for said state and county do hereby certify that personally appeared before me this day and acknowledged that he/she is the Secretary of , a corporation, Purchaser...

Witness my hand and official seal this day of , .

_______________________________

Notary Public, State of

Printed Name:

My Commission Expires:

Acknowledgment for Individual – Seller(s)

STATE OF

COUNTY OF

I, , a Notary Public in and for said state and county do hereby certify that , Seller(s), personally appeared before me this day and acknowledged the execution of the foregoing instrument.

Witness my hand and official seal this day of , .

_______________________________

Notary Public, State of

Printed Name:

My Commission Expires:

Acknowledgment for Corporation - Seller

STATE OF

COUNTY OF

I, , a Notary Public in and for said state and county do hereby certify that personally appeared before me this day and acknowledged that he/she is the Secretary of , a corporation, Seller...

Witness my hand and official seal this day of , .

_______________________________

Notary Public, State of

Printed Name:

My Commission Expires:

EXHIBIT “A”

Management Practices

STREAMSIDE MANAGEMENT ZONES

Forest lands within the area immediately adjacent to waters of the State should be managed with specific attention given to measures that can be taken to protect both instream and downstream water quality values.

The width of Streamside Management Zones should be varied, depending on the following conditions: slope of land, soil erodibility, precipitation, knowledge of particular area, sensitivity of stream, etc.

PERMANENT ROADS

1. Roads should be carefully planned.

2. Avoid locations in narrow canyons, marshes, wet meadows and Streamside Management Zones if there is another practical route.

3. Minimize the number of stream crossings.

Construction of Permanent Roads

1. Use the minimum design standard consistent with the anticipated traffic and reasonable safety.

2. Stumps, logs, and slash should not be covered with fill material and incorporated into road beds.

Maintenance of Permanent Roads

1. Regular periodic inspection.

2. Drainage devices should be kept open.

WATER CROSSINGS

1. Use fords only if stream beds are solid and if the installation of bridges and culverts will accelerate soil movement.

2. Bridges and overflow culverts should be constructed to minimize changes in natural stream beds during high water.

TRAILS

1. The basic principals set forth under Permanent Roads should be applied to Permanent Trails; however, techniques should be altered as appropriate.

HARVESTING

Temporary Access Roads and Landings

1. The location of temporary access roads (logging roads) should be planned before operations begin.

2. Road construction should be kept to a minimum.

Felling

1. Careful felling can minimize the impact of subsequent phases of logging operations.

Skidding

1. Timber cut in Streamside Management Zones should be removed by the method which causes the least damage.

2. Skidding should be done so as to avoid disrupting natural drainage and to prevent excessive soil displacement.

MECHANICAL SITE PREPARATION

1. Avoid excessive soil compaction.

2. Minimize erosion and the movement of sediment into waters.

FOREST CHEMICALS

1. BMPs are to use these products in accordance with the manufacturer’s instructions and state and federal regulations. No containers or equipment should be washed in any stream.

PRESCRIBED FIRE

1. Most soil erosion problems arising from prescribed burning come from fire lines being improperly installed.