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39 Right-of-Way Fund in the amount of ~1,000.GO payable to Pink Lee and Abby Lee.
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COURT RECESSED June 18, 1965 at 11:55 o'clock A. M.
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THE STATE UI~' TEXAS 4
COUNTY OF BEXAR ~
THIS LEASE, made this, the 1st day of June, 1965, between HOLT MACHINr:RY CO., a Texas
Corporation, of San Antonio, Texas hereinafter called Lessor, and the County of Kerr, Texas,
a municipal corporation, acting herein through its Commissioner's Court, hereinafter called
Lessee,
ti~lITHNESSETH:
That, Whereas, the Lessoe requires the use of One New Caterpillar 922 Traxcavator,
Series B, Arr. 4K 3732, Serial No. 59A 511}2, With Blower Fan, Powershift Transmission, Torque
Converter, Hydraulic Boosted Steering & Brakes, Fenders, Lighting System, 15,5 x 25 12 Front
& Hear Tubeless Tires, 4K 9070 Bucket, 4K 711}3 Bucket Teeth, and 3K 6731 Extension, in Kerr
County, Texas,
NGW, THEREFGRE:
1. Lessor, in consideration of the payments of rentals hereinafter mentioned, hereby ,_
leases to the Lessee: One New Caterpillar 922 Traxcavator, Series B, Arr. 4K 3732, Serial No,
59A 511}2, With Blower Fan, Powershift Transmission, Torque Converter, Hydraulic Boosted
Steering & Brakes, Fenders, Lighting System, 15,5 x 25 12 Front X Rear Tubeless Tires, 4K 9070
Bucket, 4K 7143 Bucket Teeth, 3K 6731 Extension, for a period commencing the 1st day of June,
1965 and ending the 1st day of June, 1970 for a total rental of SEVENTEEN THGUSAI'dD FOU-tt HUNDRED
EIUHTY FOUR AND 00/100 (y17,484.OG) DOLLARS, payable as follows: Trade Allowance for Allis
Chalmers TD12 Loader, Serial No, 1682, w3,984,00. The remaining valance of THIRTEEN THOUSAND
FIVE HUNDRED AND 00/100 013,500.00) D~.LLARS payable as follows:
X2,700,00 due on or before June 1, 1966
x;2,700,00 due on or before June 1, 1967
X2,700.00 due on or before June 1, 1968
x2,700,00 due on or before June 1, 1969
w2,700.00 duo on or before June 1, 1970
Contract to bear interest at the rate of 4'~~ simple per annum,
It is Further agreed that should any of the above mentioned lease installments become past
due they are to draw interest at the rate of -0- per cent per annum. It is understood and
agreed that all of said amounts specified are to be paid out of the Road and Bridge Maintenance
Fund of Kerr County, Texas, Page 1
2. The Lessee acknowledges receipt of said equipment in good order and condition and
obligates itself upon the expiration of this lease, in the event the option herein referred
to has not bean exercised, or in the event that it shall default in the performance of any of
the terms, covenants and conditions hereof, and Lessor elects to terminate this contract as
hereinafter provided for, to thereupon deliver said machinery to Lessor, freight prepaid, at
Lessor's warehouse in San Antonio, Bexar County, Texas, in the sa.-~ie good order and condition
as when received by Lessee, ordinary wear and tear only accepted,
?f;~~

3. Lessee shall have the right to make any reasonable and lawful use of said machinery
and shall take reasonable and proper care thereof, and shall at its own cost and expense make
all necessary repairs and replacements.
L{. In the event of any default by Lessee in the payment of rent, or otherwise, this
lease shall terminate at the option of Lessor, and on its demand, the machinery leased shall
be delivered back to Lessor's wareYiouse in San Antonio, Bexar County, Texas transportation
prepaid.
5. Lessor hereby gives Lessee the option to purchase said machinery in its then Condi-
tion at any time during the term of this lease, or at its termination, fir the purchase price
of SEVENTEETd THGUSAND FOUR HUNDBED EIGHTY FOUR AIQD 00/100 Dollars, F.U.B. Kerr County, Texas,
plus interest at the rate of four and one-half per cent (l~2) per annum on the unpaid balance
from the 1st day of June, 1965, until such purchase price is paid, said purchase price to be
payable in cash or upon terms acceptable to the Lessor.
6. In the event the said option to purchase is exercised, the price shall be reduced
^ by the trade allowance on Allis Chalmers TL12 Loader, Serial No. 1682, of N3.981~,00 made upon
execution of this lease and the amount of payments heretofos•e made,
7. It is hereby expressly agreed that the Lessor shall not, in any case, or under any
circumstances, be held liable for any loss or damage, or claims for loss or damage of any kind
-. or character whatsoever, to persons or property or otherwise, arising from or in any manner
connected witr. use or operation of said machinery during the time it is in Lessee's possession,
and any and all loss or damage and claims for loss or damage are hereby specifically waived
by Lessee, and as against the claims for loss or damage of third persons, Lessee binds and
obligates itself to hold Lessor harmless.
8, It is also understood and agreed that Lessee will be responsible for any Highway or
other taxes exacted by the State or any subdivision thereof, for the operation of this machin-
ery.
9. It is further expressly agreed and understood that is Lessee avails itself of the
option to purchase said machinery, as heroin provided, it will do so only on condition that at
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the time of exercising said option to purchase said machinery, that (1) it shall have available
for said purpose moneys currently available which it will then be lawfully entitled to expend,
or (2) it is lawfully entitled to incur the necessary liability for payment, or the purchase
price or for the rent,
'!'his lease is executed in quadruplicate originals the day and year set out above,
HOLT i~iACHINERY CO.
By /s/ B. L, Trask
Lessor
COUPITY OF KERR, TEXAS, LESSEE:
By: /s/ Julius R, Neunhoffer
County Judge
By: /s/ W, C, Schwethelm
Commissioner, Frecinct No. 1
By: /s/ C, H, Mosty
Commissioner, Precinct No, 2
'~ By: /s/ Adolph Bartel
Commissioner, Precinct 3
By: /s/ Roger Stone
Commissioner, Precinct No, i+
Page 2
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