Exhibit 5 - Hardwood Timber Industry
RIGHT-OF-WAY AGREEMENT
This INDENTURE, MADE THIS _____________________ day of ____________________19 _______ between________________________________ ___________________________________________________ of the County of __________, State of ______________, grantor, party of the first part, and ______________ of the County of _____________________, State of __________________, party of the second part, WITNESSETH:
_________________________ THAT FOR and in consideration of ___________________________, RECEIPT of which is hereby acknowledged; the party of the first part does hereby grant, bargain, sell, and convey unto the party of the second part and its assigns an easement and right-of-way to be in conformity with and located upon the ground according to a mutually agreed upon location which is described as follows:
1. PROVIDED: However, that if at any time this easement or any road constructed thereon shall be abandoned by the party of the second part, or its assigns, the right's and privileges hereby granted shall cease and terminate and the premises traversed thereby shall be freed from said easement fully and completely as if this agreement had not been made.
2. PROVIDED: However, that this easement shall become null and void and shall not extend beyond_________________________________.
3. PROVIDED: Also, that in the event of termination of this easement upon the satisfactory completion of the current period of use and enjoyment of its privileges by the party of the second part, another need arises for this right-of-way in the future, the party of the first part will consider favorably such a request by the party of the second part, its successors or assigns.
4. PROVIDED: That the party of the second part maintains and repairs fences, gates, and other improvements which have been damaged and broken as a result of the enjoyment of the easement and which are on the lands of the party of the first part and to the satisfaction of the party of the first part.
5. PROVIDED: That the party of the second part will not assign his rights or responsibilities under this agreement in whole or in part without the written consent of the party of the first part. IN WITNESS WHEREOF: The said grantor and the said grantee have hereunto subscribed their names and affixed their seals the day and the year herein above written.
Witness:
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