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HomeMy WebLinkAboutScan_2082 I ! t., ~ '21 --':~,~;.i-.=-.".;,. -_~:_'.;__-.i- ';'.::0:..::..:..::,::_" _._~::__-~ ._''0.....:::.;..;, ,~:;;~!-__:..'-.:;.-.._-=..::..:.:... _,,';',,;,,___ ~:'_-:"';'_'.:: ,,- "- _.'" .. . _~______....__._. ._. _ ~.__ ~ _'4 I , :1 .." .. ".-_.. -.." .. .. -. - ",..' ... - .-=':'''-.~~'.'-'-':''-:._.~.._._-- .-,,"--_._.-...~._~_._... . '. .,- -,---. .,' . .. .-_. ---_._~ -----.'---- pay aaid expenses. EIGHTH: The ]lrooeeds frob\ the sale ~ the oropa of fruit from sa1d pr oper- ty here1nbefol'e refened to, shall be the amount teoeived from the aal. e of the same after de- duoting freight, transportation ohargea and all other ohargea aM GlCpenses inoidental to the transportation and marketing of said. fruit, il101udlng the 8m1 of lOt} per -DOll net to Standard as Standard's oompen8ation for the marketing of aald ~ruit, and Spedero shall be entitled to , . . l~ of the net prooeeda from the sale of aaid fruit after deduoting the :piU4ing, hauling, am paoking oharse8 hereinbefore referred to, provided that the said 10% from the sale of the ,. orops of 1923-24 8."ld 1924.26 shall be first applied as hereinbefore referred to. After the applioation of the said l~ of the sald net prooe6ds for said oro~ seasons hereinbefore referred to, Standard shall have the right a t its option to apply any balanoe aooruing to Spadero for the payment of any moneys whioh may have been advcnced by Standard for the aooount or Spadero in the operation of said prof8rty. In the event that Standard shall advanoe. or pay any SUln.'i of money for the ao- .ount of Spadero for the operation, maintenance or improvement of said fxoperty, or the har- . v'st1~ or m~rket1ng of any fruit tl:erefrom. such sum of S\ll18 of money so advanoed shall bear/interest from the date ot such advanoement until paid, and auch sum or auma shall be evi- denoed by Spadero's pr anissor y note or notes, a t the option of Standard, ~yable on demand or at auch time as Standard my fix. BIHTH: Standard shall render to 3padero acoount sales for each car of fruit shipped from said property,and final statement and aocounting shall be made to 3padero each season as soon as praotioable after all prooeeds have been reoeived by Standard from ~he sale . of said fruit. dt:TH: Standard "Shall handle all railroad claims gronng out of the ship- 1 ping of fruit from said property, and shall receive~ as its commission. 16% of the alOOunt recovered from said claims. ELEVEUTH: The rec or ds of Standar d wi th r ela tion to the lrBnageme nt and ; operation of said property. and. the marketing o~ 8aid fruit shall be oJ:en for the inspeotion of Spldero during regular business hours at the office of Standard where aooh records are kept. TNELFTH: Standard shall have the sole supervision. care. management. and ~control of said property. and the right to harvest and ~axket the fruit produced thereon as provided In paragraph numbered seventh of this agreement, from year to year, so long as Standard shal.l own any interest in said property. a.!ld thia right shall be a covenent am agree- ment running with the land. It is understood, however. that either of the }>arties hereto shall have the right to make a bona fide sale pf their interest in said property at such tIme all they may see fit, but in the event that it should be Spadero who has aold aD! diaposod of his entire interest in aaid property, the right of 3tandard to have the sole 6uperviBion, care. management. - and control of said property. and the right to cultivate, oare. far and ferti- -l1ze the trees growing thereon. oocording to its best Judgment. and to harvest and IIl8lket the- fruit produced thereon aa hereinbefore proyided, shall continue so long aa Standard shall own any intereat in 88id property, and any purohaser or pu%oha8era of said property from Spadero shall own and hold the same subJeot to these rights in 3t,,"dard, and the deed from Standa~d 'to Spadero hereinbefore refferred to shall so provide. In the event th~ either o~ the parties 1hereto shall bona fidedly sell their entire interest -in said property, an eooount1ng and settle- ment shall be made between the remaining owner and the retiring plrty, up to the date of suoh ; sale, When either S1;t.ndard or Spldero aball bona fidedly dispose of their entire inteUBt in .. .!:' :< . ~: -~ }:~ '<~. ~ :~~'. <.. : .~.=~>..:-:< ::~ --~ --- - . ,. -; - . ... :.. .:. ~ ..~~~.-~ .:~.r::.~\~ ~ l,