|
4. Tenant shall provide Landowner with copies of bills for crop inputs,including seed,pesticides,fertilizer and any other product used
<br /> 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
<br /> a crop map of the premises noting field boundaries. Crop map information shall include tillage practices,acres and type of crop
<br /> planted,planting dates,varieties of seed,fertilizers and their rates,limestone and their rates,and pesticides and their rates. Tenant
<br /> also agrees to deliver to Landowner a copy of any FSA-578 Report of Commodities by July 15,during the term of this lease.
<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
<br /> by delivery sheets or by other means acceptable to the local county FSA office. If Tenant uses yield monitoring and/or Global
<br /> Positioning Equipment,Tenant agrees to provide Landowner a copy of any data collected. If the Tenant is permitted to store grain
<br /> or equipment,any such storage shall be at the Tenant's sole risk and Landowner shall not be liable for any loss,damage or spoilage
<br /> to the grain or 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
<br /> arising out of Tenant's operations conducted on the premises or performance of this Lease,except where caused by the negligence
<br /> or willful misconduct of Landowner or First Illinois Ag Group in the operation or maintenance of the premises,including failure to
<br /> pay rent even though this lease is terminated under paragraph entitled"Rent and Time of Payment."This indemnification provision
<br /> shall survive expiration or termination of this lease. Tenant agrees that First Illinois Ag Group is executing this lease on behalf of
<br /> and as the agent 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 /> 10. Tenant shall not enter into any Carbon Sequestration Agreements on premises without Landowner's prior written consent.
<br /> J)FIELDWORK FOR NEXT YEAR'S CROP: Tenant shall not be authorized to prepare for crops to be harvested in the next crop
<br /> year until receiving written permission to do so from Landowner. Where permission is granted and in the event the premises are not
<br /> leased to the Tenant for the next lease year, Tenant will be reimbursed at going custom rates for the work performed and agrees to
<br /> release all interest in the premises and crops on which the preparation is made. The granting of permission to prepare for the next crop
<br /> does not constitute rental of the premises for the next lease year. If Tenant proceeds to prepare for next year's crops,without written
<br /> permission,he may not be compensated for such work. Any reimbursement shall be at Landowner's option.
<br /> K)GOVERNMENTAL PROGRAM: Participation in Governmental Programs is at discretion of Landowner. The Tenant's right to
<br /> retain farm program payments payable before or after beginning of the term of this lease is contingent on the Tenant's timely payment
<br /> in full of 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 /> L)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
<br /> full liberty to pass over said premises with vehicles and lay down and work any such railroad track or tracks,tanks,pipe lines,powers
<br /> and structures as may be necessary or convenient for the above purpose. Said Landowner,however,agrees to deduct from the annual
<br /> rent,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
<br /> said 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
<br /> Tenant from obligation to continue farming the premises when development of resources interferes materially with Tenant's ability to
<br /> make a satisfactory return.
<br /> 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 /> 3
<br />
|