Repository: UIHistories Project: Board of Trustees Minutes - 1940 [PAGE 167]

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164

BOARD OF TRUSTEES

[December 8

satisfactory to the Attorney General of the United States, and such other papers as may be required by the Attorney General, including any abstract or certificate of title relating to the land which the vendor may have, which shall be returned if the purchase is not consumated. Such deed, deeds or abstracts of title as may be required to convey the land from the vendor to the United States of America shall be prepared by the United States and be recorded at its expense. (3) The vendor agrees that, during the period covered by this instrument, officers and accredited agents of the United States shall have, at all necessary and reasonable times, the unrestricted right and privilege to enter upon said land for all lawful purposes, and the vendor also agrees that the United States, upon acceptance of this option, shall have the right to use, occupy, and administer any or all of the land herein described without charge and subject only to the limitations and restrictions herein provided. (4) It is agreed that the land herein described shall be delivered in the same physical condition in which it now is, except for usual use and wear, and subject to such rights, exceptions, reservations, and conditions, as are herein specified. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the United States of America by reason of the unauthorized cutting or removal of products therefrom, or because of fire, or resulting from an act of God, shall be borne by the v e n d o r ; and that, in the event any such loss or damage occurs, the United States may refuse, without liability, to accept conveyance of said land, or it may elect to accept conveyance, in which event there shall be an equitable adjustment of the purchase price. (5) It is agreed that, if the vendor cannot convey title to the land herein described which is satisfactory to the Attorney General, or if the vendor does not promptly convey said land to the United States when requested to do so by an authorized representative of the Secretary of Agriculture, the land may be acquired by proceedings in condemnation, and, if so acquired, payment at the rate per acre hereinbefore set forth for so much of the acreage as is found to belong to the vendor will be accepted as full settlement for all damage caused to said vendor by reason of the taking of the land by condemnation for the use and occupation by the United States. (6) It is agreed that an abstract, certificate of title, or other evidence of title satisfactory to the Attorney General of the United States will be prepared by the United States at its expense. (7) T h e acreage of the land herein described is to be ascertained by a survey to be made by and at the expense of the United States and according to the horizontal measurements made by the United States in the survey of public lands or by recourse to the records of the General Land Office, or by both. (8) It is agreed that, if the vendor fails to do so, the United States may pay a,ny taxes which are a lien against the land and, upon request of the vendor, may arrange for the clearance of any other encumbrance. The amount of such tax payments and clearance costs shall be deducted from the purchase price of the land. (9) In consideration of the foregoing, the Secretary of Agriculture, for and in behalf of the United States of America, agrees to acquire the land herein described by purchase, at the price per acre hereinabove set forth, if the land mav be so acquired in accordance with the terms of the option, and further agrees that, after the execution, delivery, and recordation of the said deed vesting title in the United States, the approval of the title by the Attorney General, and the signing of the regular Government voucher or vouchers