Contract
Exhibit 4.3
RECORDING REQUESTED BY AND DELONGRANCHES, INC. |
| escrow Xx. 00000XXX |
XXX # SEE ATTACHED
THIS INDENTURE, made this
10th day of September, 1999, by and between NEVADA LAND & RESOURCE COMPANY, LLC, a Delaware limited liability company whose address is 0000 Xxxx Xxxx, Xxxxx 000, Xxxxxx Xxxx, Xxxxxx, 00000-0000, hereafter referred as “GRANTOR,” and XXXXXX RANCHES, INC., a Nevada Corporation, whose address is Star Xxxxx, Xxx 000, Xxxxxxxxxx, Xxxxxx 00000, hereafter referred as “GRANTEE,”
WITNESSETH: That the GRANTOR, in consideration for the sum of Ten Dollars ($10.00), lawful money of the United States, and other good and valuable consideration to GRANTOR in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, does by these presents grant, bargain, and sell to GRANTEE, and to GRANTEE's successors and assigns forever, all right, title and interest in and to that certain real property situated in Humboldt County, State of Nevada, and more particularly described as follows:
See Exhibit “A” attached hereto and incorporated herein by this reference.
TOGETHER WITH all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the revision and reversions, remainder and remainders, rents, issues and profits thereof;
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the said GRANTEES, and to GRANTEES' heirs, and successors and assigns forever.
GRANTOR RESERVES to itself the exclusive right and privilege to enter on the property for the purposes of exploration and prospecting for the development, extraction, mining, production, removal and sale of all minerals, mineral substances, metals, ore-bearing materials and rocks of every kind, except sand and gravel. The mineral estate and rights reserved to Grantor include all of the right, title and interest to minerals in, on or under the property, including, but not limited to, the surface and subsurface of the property, all minerals, mineral elements and compounds and ores, together with all easements and rights-of-way reserved or granted in, on or under the property, together with any and all lodes, veins and mineral deposits extending from or into or contained in the property. The term “minerals” shall include all mineral elements and compounds including by way of example and not by limitation, all barite, copper, gold, iron, silver and other metals, whether the same are presently known to exist on the property or are subsequently discovered on the property, and regardless of the method of extraction, mining or processing of the same (whether open pit or strip mining, underground mining, surface or subsurface leaching) whether presently or subsequently employed, invented, or developed. Grantor reserves to itself the rights of egress and ingress to and from the property for any and all purposes related to the mineral estate reserved to Grantor. Grantor shall conduct all of its activities in accordance with all applicable laws, regulations, and ordinances, and shall defend, indemnify and hold Grantee from and against all actions, claims, damages and losses resulting from Grantor's exercise of the rights appurtenant to its reserved mineral estate.
HUMBOLDT COUNTY, NV XXXX XXX XXXXXXX-RECORDER BY: WESTERN TITLE CO. DATE: 09/16/1999 TIME: 11:23 PAGE #: 0001 OF 0003 DOCU#: 1999 5882 |
Grantor shall compensate Grantee for surface damages resulting from Grantor's activities related to Grantor's reserved mineral estate. If Grantee and Grantor are unable to mutually determine the damages resulting to the surface, such damages shall be determined by a mutually acceptable independent appraiser who shall determine the fair market value of the surface damaged as a result of Grantor's activities.
IN WITNESS WHEREOF, the GRANTOR has executed this conveyance the day and year first above written.
NEVADA LAND & RESOURCE COMPANY, LLC, A Delaware Limited Liability Company
By: /s/ Xxxxxxx Xxxxxx-Xxxxxx
Xxxxxxx Xxxxxx-Xxxxxx
Chief Operating Officer
STATE OF NEVADA ) XXXXXX CITY | ) ss. ) |
This instrument was acknowledged before me on September 10th , 1999 by Xxxxxxx Xxxxxx-Xxxxxx, its Chief Operating Officer of/for Nevada Land & Resource Company, LLC, a Delaware limited liability company.
/s/ Xxxxxx Xxxxxxxx
Notary Public
XXXXXX XXXXXXXX Notary Public- State of Nevada Appointment Recorded in Xxxxxx City No. 00-00000-0 Expires Feb. 15, 2003 |
HUMBOLDT COUNTY, NV XXXX XXX XXXXXXX-RECORDER BY: WESTERN TITLE CO. DATE: 09/16/1999 TIME: 11:23 PAGE #: 0002 OF 0003 DOCU#: 1999 5882 |
EXHIBIT “A”
TO GRANT BARGAIN AND SALE DEED
WITH RESERVATION OF MINERAL RIGHTS
All that real property situate in the County of Humboldt, State of Nevada, described as follows:
XXXXXXXX 00 XXXXX, XXXXX 00 XXXX, X.X.X.&X.
Section 5:
All
APN # 00-000-00
EXCEPTING THERFROM all that portion conveyed to WESTERN PACIFIC RAILWAY COMPANY by CENTRAL PACIFIC RAILWAY COMPANY by deed recorded January 20, 1905, in Book 44, Page 276, Deed Records, Humboldt County, Nevada.
TOWNSHIP 36 NORTH, RANGE 34 EAST, M.D.B.&M.
Section 3:
All
APN # 00-000-00
Section 5:
All
APN # 00-000-00
Section 27:
All
APN # 00-000-00
TOWNSHIP 36 NORTH, RANGE 35 EAST, M.D.B.&M.
Section 7:
All
APN # 00-000-00
EXCEPTING THEREFORM all above described parcels all those portions lying within the boundaries of County or State roads.
XXXXXXXX 00 XXXXX, XXXXX 00 XXXX, X.X.X.&X.
Section 7: | All | APN # | 00-000-00 |
Section 23: | All | APN # | 00-000-00 |
Section 29: | All | APN # | 00-000-00 |
Section 33: | All | APN # | 00-000-00 |
Section 35: | All | APN # | 00-000-00 |
EXPECTING THEREFROM all above described parcels all those portions Iying within the boundaries of County or State roads.
Containing 6361.99 acres, more or less, RESERVING unto the Grantor an easement for ingress and egress over the above-described real property, over existing trails, tracks and roadways for purposes of accessing interests or properties owned or retained by Grantor.
HUMBOLDT COUNTY, NV XXXX XXX XXXXXXX-RECORDER BY: WESTERN TITLE CO. DATE: 09/16/1999 TIME: 11:23 PAGE #: 0003 OF 0003 DOCU#: 1999 5882 |
