G)SPECIAL AGREEMENT: The Tenant will not commit the Landowner to pay for repairs or improvements on the above described
<br /> premises.
<br /> H)ADDITIONAL AGREEMENTS:
<br /> 1. Tenant shall not erect or permit to be erected upon said premises,any structure,building,fence or sign of any kind whatsoever,except
<br /> by the written consent of the Landowner,nor purchase any materials or incur any expenses for the account of the Landowner without
<br /> Landowner's express approval and will not make a claim for labor at any time unless Landowner has given written permission at a
<br /> previous date.
<br /> 2. Tenant shall not add electrical wiring,plumbing or heating without written permission of the Landowner,and when same is given it
<br /> shall pass inspection of local building authorities,power company,and insurance companies. Said additions shall immediately become
<br /> part of the Landowner's premises against which the Tenant will have no further claim unless otherwise agreed in writing.
<br /> 3. Tenant shall not cut live trees for sale purposes or personal use.
<br /> 4. Tenant shall provide Landowner with copies of soil tests,bills for crop inputs,including seed,pesticides,fertilizer and any other
<br /> product used for crop production.
<br /> 5. As soon as the information is available,not later than August 1,during the term of this lease,Tenant will provide Landowner with a
<br /> crop map of the premises noting field boundaries. Crop map information shall include tillage practices,acres and type of crop planted,
<br /> planting dates,varieties of seed,fertilizers and their rates,limestone and their rates,and pesticides and their rates. Tenant also agrees
<br /> to deliver to Landowner a copy of any FSA-578 Report of Commodities by July 15,during the term of this tease.
<br /> 6. Tenant shall keep production from the premises separate from other grain. Not later than November 1,during the term of this lease,
<br /> Tenant will provide the Landowner with date of harvest,acres harvested,and yield per acre. Production evidence shall be verified by
<br /> delivery sheets or by other means acceptable to the local county FSA office. If Tenant uses yield monitoring and/or Global Positioning
<br /> Equipment,Tenant agrees to provide Landowner a copy of any data collected. If the Tenant is permitted to store grain or equipment,
<br /> any such storage shall be at the Tenant's sole risk and Landowner shall not be liable for any loss,damage or spoilage to the grain or
<br /> equipment.
<br /> 7. Tenant shall indemnify,defend,and hold harmless Landowner and First Illinois Ag Group,their shareholders,officers,directors,
<br /> employees,agents,successors,assigns,and legal representatives from and against any and all losses,claims,damages,liabilities,
<br /> expenses(including reasonable attorney fees and fees of technical consultants and expert witnesses),fines,penalties,and costs arising
<br /> out of Tenant's operations conducted on the premises or performance of this Lease,except where caused by the negligence or willful
<br /> misconduct of Landowner or First Illinois Ag Group in the operation or maintenance ofthe premises,including failure to pay rent even
<br /> though this lease is terminated under paragraph entitled"Rent and Time of Payment."This indemnification provision shall survive
<br /> expiration or termination of this lease. Tenant agrees that First Illinois Ag Group is executing this lease on behalf of and as the agent
<br /> for Landowner and shall have no personal liability to Tenant with respect to this lease.
<br /> 8. Tenant shall not apply nitrogen fertilizer in excess of University of Illinois nitrogen fertilizer recommendation for optimal economic
<br /> benefit.
<br /> 9. Tenant shall not apply ammonium sulfate.
<br /> 1)FIELDWORK FOR NEXT YEAR'S CROP: Tenant shall not be authorized to prepare for crops to be harvested in the next crop year
<br /> until receiving written permission to do so from Landowner. Where permission is granted and in the event the premises are not leased to
<br /> the Tenant for the next lease year,Tenant will be reimbursed at going custom rates for the work performed and agrees to release all interest
<br /> in the premises and crops on which the preparation is made. The granting of permission to prepare for the next crop does not constitute
<br /> rental of the premises for the next lease year. If Tenant proceeds to prepare for next year's crops,without written permission,he may not be
<br /> compensated for such work. Any reimbursement shall be at Landowner's option.
<br /> J)GOVERNMENTAL PROGRAM:Participation in Governmental Programs is at discretion of Landowner.The Tenant's right to retain
<br /> farm program payments payable before or after beginning of the term of this lease is contingent on the Tenant's timely payment in full of
<br /> the cash rent. If Tenant does enroll in government programs,Tenant shall be responsible to perform all program requirements.
<br /> Landowner shall receive 100%of Conservation Reserve Program payments. The Tenant shall maintain conservation reserve program
<br /> improvements and acreage in accordance with USDA requirement.
<br /> K)MINERAL RIGHTS: Nothing in this lease shall confer upon the Tenant any right to minerals underlying said premises or any part
<br /> thereof,but the same are hereby expressly reserved by the Landowner together with the full right,liberty and land room to them,to enter
<br /> upon the premises and to bore,search and excavate for same to work and remove the same,and to deposit excavated rubbish,and with full
<br /> liberty to pass over said premises with vehicles and lay down and work any such railroad track or tracks,tanks,pipe lines,powers and
<br /> structures as may be necessary or convenient for the above purpose. Said Landowner,however,agrees to deduct from the annual rent,
<br /> prorate for the premises so taken by him or his assigns for said uses when the rental of such premises is cash,and to reimburse the said
<br /> Tenant for any actual damage he may suffer for his share of the crops destroyed where such premises is on grain rent and to release Tenant
<br /> from obligation to continue farming the premises when development of resources interferes materially with Tenant's ability to make a
<br /> satisfactory return.
<br /> 2
<br />
|