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individuals who worked in the Probate Office, and they were
unaware of such leases during this period.
On the date of execution of the leases for the five leased
tracts, the standing timber had been sold by the lessors. The
leases did not give any right to the lessee to cut any timber
standing on the leased property on the date of execution of the
lease. The leases did give the lessee the right to cut timber
grown on the leased property during the term of the lease.
The March 1968 lease for the Barnes Rogers, et al. tract
contained the following provision:
USE OF THE PREMISES
2. During the term of this Lease, Gulf States
shall have all rights to grow, cut and to remove
timber from the Premises (in addition to the timber
separately conveyed by a timber purchase agreement
between the parties hereto as of this date), and
shall have the full and complete possession, use,
control and enjoyment of the premises, and all
possessory rights with respect thereto, including
agricultural rights, excepting only those rights
hereinafter specifically reserved to LESSORS.
Without limiting the generality of the foregoing,
Gulf States shall have the right to protect, cultivate,
spray, thin deaden and otherwise manage all timber and
timber products on the Premises, and to cut, harvest,
mill and process all timber and timber products (including
saw timber, pulpwood, fuel wood, stumps, tops, turpentine
and naval stores), which are now growing or shall come into
existence during the term of this Lease (in addition to the
timber separately conveyed by a timber purchase agreement
between the parties hereto as of this date), or to contract
with others for such acts to be done, and to use, sell or
otherwise dispose of such timber and timber products
for its benefit in such manner as it may elect.
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