- 4 - Pursuant to the terms of the timber contract, Rayonier was to pay the $517,076 purchase price, less $12,141 timber ad valorem taxes, to an escrow agent, Francis M. Lewis (Lewis).1 Also on November 29, 1994, petitioner and Rayonier executed a “MEMORANDUM OF CONTRACT”, reciting that they had as of that date entered into the timber contract (referred to in the Memorandum of Contract as a “Timber Indenture Agreement”), whereby petitioner had conveyed to Rayonier: All merchantable pine and hardwood timber suitable for poles, sawtimber, or pulpwood, which are located within * * * [the 95 acres]. * * * * * * * And, subject to the provisions of * * * [the timber contract], the right to cut and remove from the above-described lands all and singular of the said described trees and timber. Petitioner recorded this memorandum of contract (but apparently not the timber contract) in the real property deed records of Laurens County, Georgia. Also on November 29, 1994, petitioner and Rayonier executed a “TAX FREE EXCHANGE AGREEMENT”. This agreement provides in relevant part: WHEREAS, * * * [Rayonier] and * * * [petitioner] have entered into an Agreement for the purchase of timber wherein * * * [petitioner] has agreed to sell to 1 Francis M. Lewis is an attorney licensed to practice in the State of Georgia. He performed no services for petitioner during the 2-year period preceding Nov. 29, 1994, and is not related to petitioner.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011