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M)LIABILITY: Landowner shall in no way be liable in damages for failure of the water supply or for any damage by the elements or
<br /> otherwise to any of the improvements nor for any loss or damage while improvements are under construction or repair or for any failure
<br /> to repair or alter or replace any buildings or improvements.
<br /> Tenant takes possession of the leased premises"as is." Tenant,his successors and assigns hereby release Landowner and First Illinois
<br /> Ag Group for all claims of injuries or premises damage suffered by himself,his family,his employees and agents arising out of or in
<br /> connection with the performance of this Lease;Tenant's,his family's,employees' and agents'presence on the premises;and Tenant's
<br /> pursuance of his farming operations except where such claims or damages arise from or are caused by the negligence or willful
<br /> misconduct of Landowner or First Illinois Ag Group in the operation or maintenance of the premises.
<br /> Tenant shall obtain and maintain during the term hereof an occurrence liability insurance policy,naming as additional insureds,both
<br /> the Landowner and First Illinois Ag Group in its individual and fiduciary capacity with,at a very minimum,$1 million combined single
<br /> limit coverage for the term of this lease. Certificate of Insurance shall be issued and delivered to First Illinois Ag Group prior to lease
<br /> taking affect.
<br /> N)SUBLEASING: The Tenant shall have no right to lease or sublet any part of the premises or to assign the lease to any person or
<br /> persons whomsoever,without Landowner's prior written consent.
<br /> O)OTHER LEASES OR EASEMENTS: This Farm Lease is subject to,and Landowner reserves the right to continue with,or enter
<br /> into,additional leases or easements of the Premises during the term hereof,examples of which are hereafter listed: wind energy leases
<br /> or easements; solar energy leases or easements; coal, oil, or gas leases; pipeline easements or leases; utility easements or leases;
<br /> telecommunication easements or leases; or leases or easements for similar uses. All proceeds of such additional leases or easements
<br /> are, or will be, payable to Landowner, except for Tenant's reasonable crop damages, if any, for the term hereof, and Tenant hereby
<br /> consents to such additional leases or easements and agrees to cooperate therewith.
<br /> P) TERMINATION: The Tenant agrees that at the expiration or termination of this lease the Tenant will yield possession of the
<br /> premises to the Landowner without further demand or notice,in as good order and condition as when they were entered upon by the
<br /> Tenant,loss by fire,flood,or tornado,and ordinary wear accepted. If the Tenant fails to yield possession,he shall pay to the Landowner
<br /> a penalty of$5.00 per acre per day for each day he remains in possession thereafter,in addition to any damages caused by the Tenant to
<br /> the premises or improvements and said payments shall not entitle the Tenant to any interest or any kind of character in or on the premises.
<br /> Q)LANDOWNER'S LIEN: The Landowner's Lien provided by Section 9-316 of the Code of Civil Procedure,on crops grown or
<br /> growing on the premises,shall secure payment of the rent herein specified. In addition,the Tenant grants to the Landowner a security
<br /> interest in such crops to secure the faithful performance of the terms of this lease, including payment of rent. Tenant consents to any
<br /> filing required by law to perfect the statutory Landowner's lien and security interest in crops.The Tenant agrees that the parties to whom
<br /> crops grown on the premises may be sold will include only those listed below.
<br /> Names of potential purchasers of crops: TOPFLIGHT GRAIN COOPERATIVE
<br /> R)RIGHT OF ENTRY: The Landowner reserves the right personally or by agents,employees,or assigns to enter upon the premises
<br /> at any reasonable time for purpose of viewing them, of working or making repairs or improvements thereon, of developing mineral
<br /> resources,for any recreational use of the premises including hunting and any other use that does not interfere with the Tenant's farming
<br /> operations, or after notice of termination has been given and following severance of crops of tilling, preparing a seedbed, making
<br /> seedlings, gleaning corn, applying fertilizers, and any other operation necessary to good farming by the succeeding operator, these
<br /> operations not to interfere with the Tenant in carrying out the regular farming operations. The Landowner shall have the exclusive right
<br /> to hunt and permit others to hunt.
<br /> S)FAILURE TO PERFORM: If the Tenant shall,from any cause,fail to comply with any of his agreements herein,the Landowner
<br /> may at any time when such failure occurs after giving reasonable written notice of his intention to do so,take active possession of said
<br /> premises and buildings thereon which the Tenant agrees to surrender,and employ other persons to tend said crop and perform all the
<br /> agreements of the Tenant as herein contained as fully as the same are contemplated in this agreement and after deducting all monies
<br /> advanced, or monies or grain due for the rent and the expense of attending such crop as aforesaid, to pay the residue, if any, to the
<br /> Tenant.If the Tenant shall fail to pay the cash rent and advances,or account for the crop share as herein stipulated or shall fail to keep
<br /> any of the agreements of this lease,all costs and attorney's fees of the Landowner in enforcing collection or performance shall be added
<br /> to and become a part of the obligations payable by the Tenant hereunder and shall be considered rents. The obligation of Tenant to pay
<br /> rent shall not be deemed to be waived,released or terminated by Landowner's service of any notice or suit.
<br /> T) FINANCIAL DISCLOSURE: It is agreed by and between the Landowner and the Tenant that the continued financial ability of
<br /> Tenant to perform his obligations under the terms of this lease is a condition to the granting of the lease by the Landowner to the Tenant.
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