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Page 1: c.ymcdn.comc.ymcdn.com/.../Chapter_2_Agricultural_Form.docx  · Web viewThe Tenant shall execute a reasonable estoppel letter and Tenant shall attorn to the new ... 19. Environmental

FORMS

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LIST OF FORMS:

A. Agricultural Real Estate Purchase Agreement

B. Farm Lease

C. Lease of Breeding Stock

D. Hunting Lease

E. Pasture Lease

F. Notice of Termination Lease

G. Miscellaneous Lease Provisions: Tenant-Owned Pivots, Water Restrictions, etc.

H. Irrevocable Letter of Credit

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AGRICULTURAL REAL ESTATE PURCHASE AGREEMENT

THIS AGREEMENT (the "Agreement") is made by and between AAA, BBB, (herein "Seller", whether one or more), and EEE, FFF, (herein "Buyer", whether one or more) and is effective on the date this Agreement is executed by Buyer and Seller as reflected on the signature page(s).

In consideration of the mutual covenants and agreements contained herein and other good and valuable consideration in hand paid by Buyer to Seller, the receipt and sufficiency of which is hereby acknowledged by Seller, and pursuant to the terms and conditions contained in this Agreement, it is hereby agreed as follows:

1. PROPERTY PURCHASED. Seller agrees to sell and Buyer agrees to purchase, on such terms and conditions as are set forth hereinafter, the following described property:

(a) All that real estate legally described as: ZYX; together with all buildings and improvements situated thereon, including all fixtures and equipment permanently attached thereto (the "Real Property").

(b) The Seller's personal property now located on the Real Property and described as follows: JJJ (the "Personal Property").

2. The aggregate property described in Paragraphs (a) and (b) of this Subsection is called the "Subject Premises". The Buyer is familiar with the Subject Premises and agrees to accept the Subject Premises in their current condition. Seller provides no warranty as to the condition of the Subject Premises, and they shall be sold “as is/where is”.

3. PURCHASE PRICE. The Purchase Price of the Subject Premises is KKK. The Purchase Price shall be paid to Seller by Buyer according to the following terms:

(a) The sum of LLL in down payment or earnest money (“Earnest Money”) paid upon the execution of this Agreement to be held in escrow until closing.

(b) The sum of $____________ in cash or certified funds upon closing of this Agreement.

(c) Buyer will pay Seller the remaining principal balance of MMM, together with interest at NNN per annum, in equal annual installments of OOO. Said payments shall include principal and interest and shall commence on PPP, with identical amounts payable on the same day of each and every year thereafter until QQQ, at which point a balloon [or final] payment of RRR shall be due. OPT: This indebtedness shall be evidenced by a Promissory Note and secured by a Deed of Trust.

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 4. ALLOCATION OF PURCHASE PRICE. The purchase price shall be allocated as follows:

Land $Irrigation well, pump and bowls $Irrigation Pipe $Irrigation Motor $

5. CROP BASE. If this transaction divides an existing USDA farm, Seller and Buyer shall take all action required to have the USDA crop base fairly and equitably assigned and allocated to the Real Estate through the FSA office.

6. AGRICULTURE PROGRAM PAYMENTS. Seller shall receive all USDA, NRCS, or other agricultural program payments arising out of or related to the 2014 crop and crop year and all prior years. Buyer shall receive all such payments in subsequent years.

7. CONVEYANCE. At Closing, Seller agrees to convey the Real Property by Warranty Deed (the "Deed") to Buyer, subject to Permitted Exceptions as defined in paragraph 11(a), and Personal Property by Bill of Sale. Said conveyances shall be free from all liens and encumbrances.

8. DATE OF CLOSING. The Date of Closing for this sale shall be on or before TTT, or as soon as practicable thereafter after all of the conditions of closing are satisfied.

9. PLACE OF CLOSING. The Place of Closing shall be at the offices of __________________, Hastings, Nebraska, or at such other location as the parties shall mutually agree.

10. POSSESSION. The right of possession of the Subject Premises shall pass to Buyer upon Closing. It is understood and agreed that this Agreement shall in no manner be construed to convey the premises or to give any right to take possession thereof prior to Closing.

11. CONDITIONS PRECEDENT TO CLOSING. The obligation of the parties to close this Agreement is subject to the satisfaction of the following conditions:

(a) Title Approval. Seller shall deliver to Buyer prior to Closing a Title Insurance Commitment (“Commitment”) for the Real Estate. If Buyer has any objection to items disclosed in such Commitment, Buyer shall notify Seller prior to Closing. If Buyer makes such objections, Seller shall have a reasonable time after receipt of such objections (but not more than 30 days) to cure the same, and the Date of Closing shall be extended, if necessary. Seller shall use its best efforts to cure such objections. If the objections are not satisfied within such time period despite Seller's best efforts, Buyer may (i) terminate this Agreement by notice to Seller

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given within five (5) days after the expiration of such 30 day period, or (ii) waive its objections and close the transaction. If Buyer elects to terminate this agreement pursuant to this paragraph 10(a), then the Earnest Money paid by Buyer shall be returned to Buyer. Any defects in Seller's title not objected to by Buyer or accepted by Buyer shall be deemed “Permitted Exceptions” for purposes of this Agreement. Failure of Buyer to terminate the Agreement as provided herein shall also be deemed to make any title defects “Permitted Exceptions.”

(b) Inspection of Real Estate. At any time prior to Closing, Buyer and Buyer’s respective representatives shall have the right to enter upon the Real Estate at any reasonable time to make surveys, studies, inspections, and other tests to determine whether the Real Estate contains, or has the potential of containing, any hazardous materials or substances, or other environmental problems, and to determine the condition of the Real Estate; provided, however, all such surveys, studies, inspections or other tests shall be performed by Buyer at Buyer’s sole cost and expense and completed in the time period referenced above. If Buyer does not make such surveys, inspections or tests, in the time period required, Buyer shall be deemed to be satisfied with the condition of the Real Estate. The Buyer shall not be obligated to undertake any soil borings or other invasive testing to determine the existence of hazardous materials on the Real Estate, it being the intention of the parties that if noninvasive environmental inspections and testing indicate that the Real Estate may contain hazardous substances, Buyer shall have the right to rescind this Agreement. If in Buyer's judgment, such surveys, studies, inspections or other tests indicate or determine that the Real Estate contains any hazardous materials or substances, or the condition of the Real Estate is not acceptable to Buyer, then Buyer may terminate this Agreement by notice given to Seller prior to Closing, and the Earnest Money paid by Buyer shall then be returned to Buyer. If Buyer fails to terminate this Agreement by the Date of Closing, then Buyer shall be deemed to have waived this contingency. Nothing stated herein shall be deemed to grant Buyer the authority to bind the Real Estate with any construction liens related to the testing contemplated hereunder or for any other work related to the Real Estate prior to closing, and the parties hereto specifically disclaim that any agency relationship exists as between Seller and Buyer with respect thereto. Buyer further agrees to indemnify and hold Seller harmless from and against any costs, liabilities, claims or expenses arising out of any failure of Buyer to promptly pay for the costs and expenses associated with any borings, surveys, studies, inspections or other tests performed by Buyer, which indemnity shall survive closing. Seller agrees to furnish to Buyer, prior to Closing, with any environmental studies, assessments, audits, or other environmental information in Seller's possession regarding the Real Estate. Buyer acknowledges that Buyer is purchasing the Real Estate based upon Buyer's inspection of the Real Estate and not based upon any representations of the Seller other than as are contained herein. Buyer further acknowledges that Buyer is purchasing all of the Property "AS IS," and that Seller has no obligation to make any repairs or modification thereto other than as may be specifically set forth

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herein.

(c) Property Survey. Buyer shall have the right to have the Real Estate surveyed at Buyer's expense by a registered land surveyor acceptable to Buyer; provided, however, the survey shall be prepared on or before the Date of Closing. If Buyer has an objection to items disclosed in such Survey, Buyer shall make written objections to Seller in the same manner as for title objections in Paragraph 11(a) above. If Buyer makes such objections, Seller shall have a reasonable time after receipt of Buyer’s written objections to cure the same, and the Date of Closing shall be extended, if necessary. If the objections are not satisfied within such time period, Buyer shall have the above remedies as are provided for title objections in Paragraph 11(a) above.

(d) Buyer’s Loan. This Agreement is conditional upon the Buyer obtaining a loan with _____________ or another financial institution with financing terms providing interest not exceeding ____% per annum, and annual payments not exceeding $_________. Buyer agrees to make application for said loan immediately upon the effectiveness of this Agreement. If said loan is not approved within 20 working days from date of effectiveness hereof, this Agreement shall become null and void, and the Earnest Money paid herewith is to be returned to the Buyer; Provided, however, that if processing of the application has not been completed by the lending agency within the above-referenced time, such time limit shall be automatically extended until the lending agency has in the normal course of its business advised either approval or rejection of Buyer’s loan.

12. ENVIRONMENTAL CONDITION OF SUBJECT PREMISES. Buyer acknowledges Seller has made no representation or warranty of any nature to Buyer relating to whether any hazardous or toxic material, substance, pollutant, contaminant, waste, asbestos or petroleum product has been released into the environment, or deposited, discharged, placed or disposed of at, near or on the Property. Buyer further acknowledges Seller has made no representation or warranty whatsoever to Buyer relating to whether a hazardous substance or hazardous waste, as defined by the Resource Conservation Recovery Act (42 U.S.C. §§6901, et seq.) or the Comprehensive Environmental Response, Compensation and Liability Act, as amended (42 U.S.C. §§9601, et seq.) has been generated, manufactured, refined, transported, treated, stored, handled or disposed of on, at or near the Property. OR Seller represents to the best of Seller’s knowledge that no hazardous or toxic material, substance, pollutant, contaminant, waste, asbestos or petroleum product has been released into the environment, or deposited, discharged, placed or disposed of at, near or on the Subject Premises. Seller also represents that, to the best of Seller’s knowledge, no hazardous substance or hazardous waste, as defined by the Resource Conservation Recovery Act (42 U.S.C. §§6901, et seq.) or the Comprehensive Environmental Response, Compensation and Liability Act, as amended (42 U.S.C. §§9601, et seq.), has been generated, manufactured, refined, transported, treated, stored, handled, or disposed of on, at or near the Subject Premises.

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13. PROPERTY SOLD SUBJECT TO LEASES. The Seller and Buyer acknowledge that the Real Estate shall be sold subject to the possession of the present Tenant(s) in possession, as set forth at Exhibit A. The Seller shall assign to Buyer as of the Date of Closing all landlord rights and obligations currently in existence pursuant to the Leases, as described in Exhibit A.

14. BROKERS' FEES. The Buyer and Seller represent to each other that neither the Buyer nor the Seller has incurred any liability for brokerage fees or commissions in connection with this transaction. Each party indemnifies and agrees (which indemnification and agreement shall survive Closing) to hold the other party harmless from any and all claims and expenses resulting to the other party by reason of breach of the representation made by such party in this Paragraph. [If no broker involved]

15. REAL ESTATE TAXES AND ASSESSMENTS. Seller shall pay all real estate taxes and assessments (if any) for 2014 and prior years. All real estate taxes and assessments (if any) for the years 2015 and following will be paid by Buyer. In the event the exact amount of taxes are unknown at Closing, the most recent valuation and mill levies shall be used to estimate taxes for the purposes of Closing.

16. RISK OF LOSS. Risk of loss with respect to the Subject Premises shall be borne by Seller until the Date of Closing and thereafter by Buyer. In the event of material damage to the Subject Premises by fire, explosion or any other cause prior to Closing, Seller shall have Sixty (60) days to repair the Subject Premises or to rescind this Agreement, whereupon Seller shall refund to Buyer the Earnest Money (if any) and any other payments made hereunder.

17. DEFAULT. Unless otherwise provided for herein, if Buyer or Seller fails to comply herewith, the other party may exercise remedies as follows:

(a) Buyer's Remedies. In the event Seller defaults on Seller’s obligation arising hereunder, Buyer shall be entitled to (a) receive a full refund of the Deposit in lieu of any other remedy which may be available to Buyer at law or in equity, and this Agreement shall be void and of no further force or effect whatsoever upon Buyer’s receipt of the Deposit, (b) seek specific performance of this Agreement, or (c) pursue any remedy which may be available to Buyer at law or in equity.

(b) Seller's Remedies. In the event Buyer defaults on Buyer’s obligation arising hereunder, Seller shall be entitled to: (a) retain the Deposit as liquidated damages in lieu of any remedy which may be available to Seller at law or in equity (in which case, this Agreement shall be void and of no further force or effect); or (b) pursue any remedy which may be available to Seller at law or in equity.

18. PARTY'S RIGHT TO EFFECT AN EXCHANGE. Unless otherwise provided by one party in a written notice to the other, this transaction and the payment of the Purchase Price shall be closed either through the use of a qualified escrow account, through

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facilitation by a qualified exchange intermediary, or through facilitation by an exchange accommodation titleholder, so that either party shall then have the ability to effect an exchange for certain selected like-kind real property or properties (to be identified by either party within the time limits provided by tax law). Each party hereby covenants and agrees to use its reasonable efforts and diligence to assist and cooperate with the other in the effectuation of a like-kind exchange under Section 1031 of the Internal Revenue Code of 1986, as amended, including, without limitation, executing and delivering any and all documents reasonably required in accordance with the agreements of the parties as set forth in this Agreement to effectuate such a Section 1031 transaction; provided, that the non-exchanging party (if any) incurs no additional costs, expenses, liabilities, obligations or other financial exposure with respect thereto.

19. DIVISION OF EXPENSES FOR THIS TRANSACTION. The parties agree that the expenses in connection with the sale and purchase of the Subject Premises will be divided as follows:

Expense Buyer SellerOwner’s Title Insurance Policy Premium

50% 50%

Lender’s Title Insurance Policy Premium and any Policy Endorsement required by Lender

100% ---

Documentary Stamp Tax --- 100%Filing Fee for Deed 100% ---Cost of clearing title or correcting title defects (if necessary)

--- 100%

Attorney’s fees for Drafting this Agreement

Each party pays its own attorney

Each party pays its own attorney

Closing Agent Fees 50% 50%Survey n/a n/a

20. BINDING EFFECT. This Agreement shall be binding upon each of the parties hereto, their legal representatives, heirs, successors and assigns.

21. MODIFICATION. This Agreement constitutes the entire understanding of the parties, and there shall be no verbal or other agreement except as contained herein and except as it may be amended by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, discharge or amendment is sought.

22. SEVERABLE PROVISIONS. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any provision, section, sentence, clause, phrase, and word hereof is illegal or invalid for any reason whatsoever, such

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illegality or invalidity shall not affect the validity of the remainder of this Agreement.

23. CHOICE OF LAW. This Agreement shall be administered in accordance with the laws of the State of Nebraska.

24. EXECUTION OF ADDITIONAL DOCUMENTS. The parties hereto will at any time, and from time to time after Closing, upon request of the other party, execute, acknowledge, and deliver all such further acts, deeds, assignments, transfers, conveyances, powers of attorney and assurances as may be required to carry out the intent of this Agreement, and to transfer and vest title to the Subject Premises, and to protect the right, title and interest in and enjoyment of the Subject Premises assigned, transferred and conveyed to Buyer pursuant to this Agreement; provided, however, this Agreement shall be effective regardless of whether any such additional documents are executed. The parties hereto will also execute all customary documents required by the title insurance company at Closing, including, but not limited to, affidavits and indemnification agreements.

25. TIME OF ESSENCE. Time is of the essence regarding the payments and performances referenced in this Agreement.

26. CONSTRUCTION. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include plural, and vice versa, unless the context requires otherwise.

27. ASSIGNMENT. Except as provided in the paragraph above regarding like-kind exchanges, this Agreement cannot be assigned without the prior written consent of Seller, which Seller can withhold in its sole and absolute discretion.

28. WARRANTIES. The terms and conditions of this Agreement shall survive the Warranty Deed and Closing.

29. ATTORNEY. The parties agree that UUU, attorney, will draw this agreement and the Closing documents, and acknowledge that said attorney represents only the ZZZ in this real estate transaction.

Executed on the dates referenced below.

Seller:

______________________________ Date:_____________________________AAABBBCCCDDD

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SS# or EIN for Seller(s): ____________________________

Buyer:

______________________________ Date:_____________________________EEEFFFGGGHHH

ACKNOWLEDGEMENTS

STATE OF NEBRASKA )) ss

COUNTY OF WWW )

The foregoing instrument was acknowledged before me this ____ day of ________________, 20____, by AAA, BBB, as Seller.

_______________________________ Notary Public

STATE OF NEBRASKA )) ss

COUNTY OF WWW )

The foregoing instrument was acknowledged before me this ____ day of ________________, 20_____, by EEE, FFF, as Buyer.

_______________________________ Notary Public

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FARM LEASE

LANDLORD (whether one or more): TENANT (whether one or more):

AAA, BBB

by: ____________________

__________________________________________________________

EEE, FFF

GGG

HHH

Phone No.: ________________________Cell Phone No._____________________Fax No. : _________________________Email address: _____________________

The Landlord hereby leases to the Tenant the following described real estate and personal property (if any), to wit:

III

MMM

The above described real estate and personal property (if any) shall be referred to hereinafter as the "Premises". This lease shall be upon the following terms and conditions:

1. Term of Lease. The term of this lease shall be for a period of jjj commencing on kkk, and ending on lll. This lease shall automatically terminate on lll, without any notice to either party. By execution of this lease, the Tenant waives any right it may have to notice of termination of the lease on or before the September 1 immediately preceding the date on which this lease is to expire, it being the understanding of the parties that on lll, this lease shall automatically terminate.

2. Rent; Expenses. The Tenant shall pay to the Landlord as rent for the use and possession of the Premises: [A. share of crop and government payments, or] nnn of Crops (to be delivered to the ___________ grain elevator of ____________, Nebraska), and USDA government payments. [B. cash rent] the annual sum of OOO, to be paid all before March 1, 2016 OR one half (1/2) on or before ppp and one-half (1/2) on or before qqq, with the second half to be guaranteed by Tenant’s lender pursuant to an irrevocable letter of credit. [C. bushel rent] the annual sum of ________ bushels of No. 2 yellow corn/soybeans to be delivered to the ___________ grain elevator of ____________, Nebraska, by November 31st of the crop year of the lease term. The bushels delivered are required to be “net” bushels, meaning that the Tenant shall be responsible for all costs associated with drying the Landlord’s bushels down to the point at which the elevator considers the bushels to be “dry” and the Tenant shall also be responsible for all shrink assessments and/or charges. [The Tenant shall pay Additional Rent for the use of the building site; said Additional Rent to be due on March 1 of each year in an amount equal to the annual cost of insurance for the building site and ad valorem taxes on the improvements on

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the building site. The tax amount shall be based upon the real estate taxes for the preceding calendar year.] The expenses shall be shared as shown on Exhibit "A" attached hereto.

3. Use of Premises and Rights to Stalks or Straw; No Double Cropping. The Premises shall be used for the purpose of planting, growing and harvesting of crops and for no other purpose whatsoever, without the prior written consent of the Landlord. After the grain is harvested, the Tenant shall [have the right to graze or harvest the remaining stalks or straw at no additional cost to the Tenant OR not have the right to graze or harvest the remaining stalks or straw]. There shall be no double-cropping on the Premises without the expressed written consent of the Landlord.

4. Operations on Premises. All operations conducted on the Premises by the Tenant, as incidents of any of the uses specified in paragraph 3 of this lease, shall be conducted by the Tenant in accordance with the best course of husbandry practiced in the geographical vicinity of the Premises. The Tenant agrees to maintain high fertility levels on the Premises. The Landlord and Tenant shall consult with one another on operations, including fertility levels. Should the Tenant fail to take any action, or fail to conduct any operation undertaken by it on the Premises in accordance with the best course of husbandry practiced in the geographical vicinity of the Premises, the Landlord may, after serving ten (10) days written notice of such failure on the Tenant, enter the Premises and take such action as the Landlord may deem necessary to protect its interest in this lease and in the Premises. Tenant agrees to reimburse the Landlord on demand for the costs of any action taken by Landlord pursuant to the provisions of this paragraph.

5. Maintenance. The obligation of the parties for maintenance and repairs is set forth in Exhibit "A" attached hereto; provided that the Tenant shall bear 100% of the cost of any maintenance, repairs, or replacements of any of Landlord's property when necessitated due to the negligent or willful act or omission of the Tenant. Tenant shall not commit or permit any waste on the Premises; shall keep and maintain the Premises and all improvements and facilities appurtenant to the Premises in good order and repair and in as safe and clean a condition as they were when received by the Tenant from the Landlord, reasonable wear and tear excepted.

6. Alterations or Liens. The Tenant shall not make or permit any other person to make any alterations to the Premises or to any improvement thereon without the written consent of the Landlord. The Tenant shall keep the Premises free and clear from any and all liens, claims and demands for work performed, materials furnished, or operations conducted thereon at the instance or request of Tenant.

7. Inspection by Landlord. The Tenant shall permit the Landlord or its agents, representatives or employees (collectively “agents”) to enter the Premises at all reasonable times for the purpose of inspecting the Premises to determine whether the Tenant is complying with the terms of this lease and for the purpose of doing other lawful acts that may be necessary to protect the Landlord's interest in the Premises. The Landlord and Landlord’s agents shall also have the right at all reasonable times or immediately in the event of an emergency during the terms of this Lease to enter the demised premises for the purpose of showing the premises to prospective purchasers, lending institutions, or tenants, or to make any needed repairs or

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improvements on said premises which the Landlord may deem fit to be made. In making any repairs or improvements to the leased premises, the Landlord shall take reasonable measures to protect the Tenant's property and personnel from loss and injury and to avoid disrupting the Tenant's business operations.

8. Hold Harmless. The Tenant agrees to indemnify and hold the Landlord and the property of the Landlord, including the Premises, free and harmless from any and all claims, liability, loss, damage or expense resulting from the Tenant's occupation and use of the Premises, specifically including, without limitation, any claim, liability, loss or damage arising from any cause whatsoever.

9. Subleasing, Assigning and Sale by Landlord The Tenant shall not encumber, assign or otherwise transfer this lease, any right or interest in this lease, or any right or interest in the Premises or any of the improvements that may now or hereafter be constructed and installed upon the Premises, without the express written consent of the Landlord. Neither shall the Tenant sublet the Premises or any part thereof or allow any other persons, other than the Tenant's agents or family members, to occupy or use the Premises or any part thereof without the prior written consent of the Landlord. Any encumbrance, assignment, transfer or subletting without the prior written consent of the Landlord, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the Landlord, terminate this lease. The Landlord may assign the Landlord’s interest hereunder to any person or entity and any such assignee shall have the similar right of reassignment. In the event of a sale of the Premises by the Landlord, the Landlord shall be relived of all liability hereunder upon the assumption of this Lease by the Purchaser. The Tenant shall execute a reasonable estoppel letter and Tenant shall attorn to the new Purchaser.

10. Default by Tenant. All covenants and agreements contained in this lease are declared to be conditions to this lease and to the term hereby demised to the Tenant. Should the Tenant default in the performance of any covenant, condition or agreement contained in this lease, the Landlord may terminate this lease and re-enter and regain possession of the Premises in the manner then provided by the laws of this state.

11. Insolvency of Tenant. The Landlord shall be entitled to terminate this lease and shall be entitled to re-enter and regain possession of the Premises, in the event of this insolvency of the Tenant, either by bankruptcy or a general assignment for the benefit of creditors or the appointment of a receiver.

12. Termination, Entry and Crops. If this Lease is terminated or if the Landlord gives notice to the Tenant that this Lease will not be renewed or in the last year of this Lease, the Landlord or the Landlord's agents and the Landlord's new Tenant shall be entitled to plow, disk, fertilize or otherwise prepare the ground and plant in proper season for the following year's crops before the expiration of this Lease. If this Lease is terminated or in the last year of this Lease, the Tenant shall not prepare the soil (except to summer fallow) or fertilize or plant crops, in connection with the harvesting of next year's crops, unless the Tenant has received written permission from the Landlord. If written permission is granted and the leased premises are not

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leased to the Tenant for the next lease year, the Landlord shall pay the Tenant for the reasonable costs of preparing the soil, fertilizing and planting. The granting of written permission to prepare the soil, fertilize and plant crops for the next lease year does not constitute a lease of the leased premises for the next year or any period beyond the stated term hereof. Unless a new lease is executed, the Landlord shall have the exclusive right to harvest all crops. The Landlord shall have no liability for any use made by a new Tenant or Tenant's work in preparing and fertilizing the soil, or planting crops. The Tenant shall not have the right to re-enter the leased premises after the termination of the Lease for any purpose.

13. Time of Essence. Time is expressly required to be the essence of this lease.

14. Government Plans. If the Premises or any part of it is or may be subject to a soil conservation plan, the parties agree that the plan shall not be filed or amended after the date of this lease, unless both Landlord and Tenant have agreed upon and signed such plan or amendment. Tenant agrees to participate and cooperate in or under government conservation or price support plans as directed by the Landlord; and Tenant agrees to carry on any such program now in effect on this property. Any cash or benefits received for participation shall not be construed as altering the share or cash rent agreed upon in this lease. Tenant will reimburse Landlord for any loss suffered by the failure to comply with government programs.

15. Water Allocation. If use of groundwater or surface water is allocated, regulated, or restricted in any manner whatsoever, the Tenant shall comply with any such requirements. Specifically, and without limitation of the foregoing, if an allocation limit is established for all or any part of the Premises demised, the Tenant shall not exceed that allocation limit. For the purposes of this paragraph, "allocation limit" shall mean the amount of water which can be used without triggering or incurring any type of penalty or restriction including, but not limited to, a restriction upon water usage for any subsequent year.

16. Easements, other Non-Farm Leases, and Hunting Privileges. The Landlord hereby reserves the right to grant easements or leases to others for roads, highways, transmission lines, wind energy or mineral development, and other improvements and uses on or over the Premises. The agents, employees and representatives of others to which the Landlord has made any such grant may enter in and upon the premises at any time or from time to time either by vehicle or on foot for the purpose of laying out or constructing such improvements; however, Tenant shall be reimbursed for the actual value of Tenant’s share of any crops destroyed by such activity. The Landlord also reserves full hunting, fishing and trapping rights on the Premises.

17. Waiver. The waiver of any breach of any of the provisions of this lease by the Landlord shall not constitute a continuing waiver or a waiver of any subsequent breach by the Tenant, either of the same or of another provision of this lease.

18. No Partnership Created. This Lease shall not be deemed to give rise to a partnership relation, and neither party shall have authority to obligate the other without written consent, except as specifically provided in this lease.

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19. Environmental Compliance. The Tenant shall follow all label restrictions and instructions in the use of all fertilizers, pesticides, herbicides and other chemicals which may be applied to the leasehold. The Tenant further agrees that all waste will be disposed of in a manner approved by federal and state environmental agencies and regulations. The Tenant hereby indemnifies the Landlord from any loss, liability, claim, or expense, including, without limitation, clean-up, engineering, and attorneys fees and expenses that the Landlord may incur by reason of the use, generation or disposal by Tenant of any toxic or hazardous waste or substances on or about the demised premises, or by reason of any investigation or claim of any governmental agency in connection therewith. This indemnity shall survive the term of this Lease or any extension hereof.

20. Improvements. The Tenant will not, without written consent of the Landlord, (a) erect or permit to be erected on the premises any non-removable structure or building or add or substantially alter any existing structure or building on the premises, or (b) incur any expense to the Landlord for such purpose. Minor improvements of a temporary or removable nature which do not mar the condition or appearance of the farm, may be made by the Tenant at Tenant’s own expense. The Tenant may at any time while this Lease is in effect, remove such improvements, provided the Tenant leaves in good condition that part of the farm from which they are removed.

21. Letter of Credit, Security Agreement, Financing Statement and Crop Insurance. Each payment referred to in this Lease shall be secured by an unconditional irrevocable letter(s) of credit for the same amount. Each such letter of credit shall be in a form acceptable to the Landlord in the Landlords sole discretion and shall expire no sooner than thirty (30) days after the date the respective payment is due. In the event the Landlord waives this letter of credit requirement, the Tenant shall then give the Landlord a first security interest in growing and/or harvested crops as provided in the remainder of this paragraph. The Landlord shall have first lien on all planted and unplanted crops on the property to secure the payment of the rent as above stated and the Tenant further agrees that this Lease shall constitute a financing statement and security agreement in favor of the Landlord on all unplanted crops on the property and also on all crops planted or now growing or standing and shall extend to and shall cover such crops after they have matured, whether the same are in the field, in cribs, or bins, in elevators, in the stack, barns, or any other place as security for the payment of the rent. It is further agreed and understood that the Tenant shall carry crop insurance in the amount sufficient to cover the rents set forth herein.

22. No Oral Modifications. This Lease embodies and includes all the terms and conditions of the agreement between the parties and no statements, representations, promises, agreements or conditions of any character shall be binding upon either party hereto unless embodied in this written Lease. No part of any additions or exceptions to this Lease shall be binding upon the parties unless the same shall be reduced to writing and signed by both parties. No conversations which the parties might have with reference to extending this Lease, or making another Lease for a new term, shall be considered a contract until the same shall be reduced to writing and signed by the parties hereto.

23. Binding Effect. This lease shall be binding upon and shall inure to the benefit of the

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heirs, personal representatives, successors and assigns of the parties hereto, but nothing in this paragraph shall be construed as consent by the Landlord to any assignment of this lease or any interest therein by the Tenant.

24. Right To Lease. The Landlord warrants that Landlord is the owner of the Premises, and has the right to lease the property, and will defend the Tenant’s right to possession against any and all persons.

Dated this _____ of ______________, 20___.

LANDLORD:

________________________________________________________AAA, BBB, by: _____________________, its Member-manager, POA

TENANT:

________________________________________________________EEE, FFF

STATE OF NEBRASKA )) ss:

COUNTY OF ______________ )

The foregoing instrument was acknowledged before me on the _____ day of ________, 20___, by____________________________, as POA on behalf of AAA, BBB, Landlord.

_________________________________Notary Public

STATE OF NEBRASKA )) ss:

COUNTY OF _______________ )

The foregoing instrument was acknowledged before me on the _____ day of __________, 20___, by EEE, FFF, Tenant.

_________________________________Notary Public

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EXHIBIT "A" -- EXPENSE ALLOCATIONSItem Landlord Tenant

Seed Costs - Basic Seed Costs -- 100% - Incremental Cost of Seed - Genetic Modification with regard to insect control

50% 50%

Chemicals, including Herbicides, & Pesticides - Cost of Chemicals 50% 50% - Application of Chemicals – Aerial 50% 50% - Application of Chemicals - Other than Aerial -- 100%Labor and machinery -- 100%Irrigation System - Fuel or Electricity Expense 50% 50% - Oil and Lubricants 100% - Irrigation equipment replacement (if necessary) and insurance 100% -- - Minor Maintenance < $750/occurrence 50% 50% - Major Maintenance > $750/occurrence 100% -- - Pivot Inspection Program Costs 50% 50%Grain Handling and Storage (Building Site) - Operating Costs, Maintenance and Repairs 50% 50% - Capital Repairs and Replacements 100% -- - Electricity 50% 50%Delivery of Landlord's Grain by Tenant - Grain Delivery to Grain Elevator < 10 miles -- 100% - Grain Delivery to Grain Elevator > 10 miles 100% --Real Estate Taxes 100% --Crop Insurance 100%Fertilizer 50% 50%Liability Insurance Each provides own

__________________________ ______________________________________, Tenant ____________, Landlord

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LEASE OF BREEDING STOCK

THIS LEASE, is made and executed this «Lease Execution Date», by and between «Owner Name», as the “Owner” and «Renter Name», as the “Renter.”

1. DESCRIPTION OF PROPERTY: Subject to the terms and conditions hereinafter set forth, the Owner hereby leases to the Renter «Breeding Stock Quantity» («Breeding Stock Quantity:9999») «Breeding Stock Description» to be provided to Renter on or about December 1, 2005.

2. TERM OF LEASE: The term of this Lease shall begin on «Lease Start Date» and terminate on «Lease End Date».

3. LEASE PRICE AND PAYMENT: The Renter agrees to pay to the Owner as rent for said cows «Percent of Calves Paid As Rent» percent («Percent of Calves Paid As Rent:9999»%) of all calves born live to said cows.

4. CARE OF PROPERTY: The Renter agrees:

a) That «Renter Gender MC» will care for the cows in a reasonable and responsible fashion. Renter shall endeavor to keep the cows in a healthful condition using ranching practices usual and customary to the area where they are kept.

b) That Renter shall be responsible for all summer grazing, pasture rent and expense, all veterinary expense, winter feed, necessary drugs, labor and all miscellaneous expense related to the care of the cows and calves.

c) The risk of loss of said cows shall remain with the Owner. The risk of loss of the calves shall be divided according to the ownership percentage of the parties as shown in Paragraph 3 above.

5. ASSIGNMENT: The Renter will not assign, sublet, or part with the possession of all or any part of the Breeding Stock or calves without the written consent of the Owner.

6. RIGHT TO VIEW: Renter will permit Owner and/or potential buyers of the calves and/or cows onto the premises to view said livestock at reasonable times and upon reasonable notice by the Owner.

7. RIGHT OF OWNER UPON DEFAULT: If the Renter shall neglect or fail to perform any term, condition or covenant of this Lease, the Owner may terminate this lease by giving written notice of termination to the Renter and may take possession of the property in the manner then provided by law. Owner at all times shall have the right to take whatever steps are necessary to ensure the health and condition of the breeding stock and calves in the event that Renter shall fail to care for the same.

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8. OWNER’S LIEN: The Owner shall have a first lien on all calves from the cows which are the subject of this Lease, to secure the payment of said rent payments as specified above.

9. TRANSPORTATION OF LIVESTOCK: The Renter shall be responsible for all transporting of the livestock from pasture to stalks, etc., and to markets for sale, and back to owner’s property in the event that this Lease is not renewed.

10. MARKETING OF LIVESTOCK: The Renter and the Owner shall consult between themselves and endeavor to agree on the time and location of the marketing of the calves. In the event that they are unable to agree as to the time and location of sale, the decision of the Owner shall be controlling.

11. AUTOMATIC RENEWAL: The Lease shall automatically renew from year to year as to the livestock provided by Owner to Renter in this original Lease without additional notice or documentation by and between the parties, unless one party shall provide to the other written notice of their intention not to renew for an additional one-year period at least thirty (30) days in advance of the expiration of the current lease period.

IN WITNESS WHEREOF, the parties have signed and acknowledged this Lease on the date above written.

__________________________________ __________________________________«Owner Name», Owner «Renter Name», Renter

STATE OF «notstate MC» )) ss.

COUNTY OF «notcount MC» )

Subscribed in my presence and sworn to before me, a notary public in and for said state, on this «notdate» by «Owner Name», as Owner and by «Renter Name» as Renter.

_________________________________________Notary Public

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HUNTING LEASE

This Hunting Lease is entered into this «Lease Execution Date», by and between «Owner Name», as Owner, and «Tenant Name», as Tenant.

1. DESCRIPTION OF PROPERTY: The Owner hereby leases to the Tenant, to use for hunting purposes only, the following described real estate located in «Property County MC» County, Nebraska:

«Legal Description»

2. TERM OF LEASE: The term of this Lease Agreement shall be for that period of time commencing on the date of the execution of this lease and ending at 6:00 p.m. on the last day of the «Year of Lease End» regular rifle «Hunting Type MC» hunting season.

3. RENT: The Tenant agrees to pay to the Owner as rent the sum of $«Rent Amount» per annum payable in advance, on the «First Date of Rent Payment», and on the «First Date of Rent Payment:3rd day of June» of each succeeding year thereafter during the term of this lease.

4. RIGHTS AND OBLIGATIONS OF TENANT: This Lease Agreement is intended to and does convey to the Tenant exclusive hunting rights and privileges in connection with the above-described real estate, and conveys no other rights or privileges regarding said real estate. The Tenant and anyone coming upon the premises with the permission of the Tenant, shall be entitled to hunt upon the premises at any time during the existence of this lease. The Tenant shall further have the right during the existence of this Lease to erect and place upon the premises, deer stands (or blinds and pits for goose hunting) to be used for hunting purposes, provided, however, that the Tenant shall be responsible to the Owner for all damage which may be caused by the Tenant or by anyone coming on the property with the consent of the Tenant to the growing crops, fences or improvements located on the real estate. The Tenant shall further have the right during the existence of this Lease to bring other hunters on the premises, either for hire or not for hire, for the purpose of hunting thereon. The Tenant agrees to deliver the premises to the Owner at the termination of this Lease in as good condition as the premises presently are in, ordinary wear and tear excepted. The Tenant shall have a reasonable time from the termination of this Lease, not to exceed thirty (30) days, within which to remove from the property the decoys, blinds, deer stands, materials and all other personal property belonging to the Tenant. The Tenant agrees to keep all gates located on the real estate closed after they have been used by the Tenant.

5. OBLIGATIONS OF THE OWNER: The Owner agrees not to permit any act or acts to be carried on in connection with the real estate which will alter or change the present use of the property by migratory «Hunting Type MC:deer/water fowl/deer or water fowl». The Owner further agrees that «Owner Gender MC» will keep the property free from all livestock during each water fowl hunting season while this Lease is in existence. The Owner further agrees to cooperate with the Tenant to the fullest extent possible so that the Tenant will be able to utilize

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the premises which are the subject of this Lease for the purposes for which this Lease is executed.

6. Tenant acknowledges the legal title of Owner to the above-described property and agrees never to deny such title or claim title in Tenant’s name.

7. INDEMNIFICATION: Tenant shall exercise the privilege granted in this agreement at «Tenant Gender MC:his/her/its» own risk and agrees that Tenant shall never claim any damages against the Owner for any injuries or damages suffered on account of the exercise of such privilege, regardless of the fault or negligence of the Tenant, and Tenant shall indemnify Owner against all liability for damages and expenses resulting from, arising out of, or in any way connected with, the exercise of the privilege by Tenant, and Tenant’s assignees, permitees, or other persons entering the above-described property at the invitation of the Tenant.

8. BINDING ON PARTIES. This Lease shall be binding on the original parties hereto and upon the heirs, personal representatives and assigns of each of the parties.

IN WITNESS WHEREOF, each party of this agreement has caused it to be executed on the day and year first above-written.

__________________________________ __________________________________«Owner Name», Owner «Tenant Name», Tenant

STATE OF «notstate MC» )) ss.

COUNTY OF «notcount MC» )

Subscribed and sworn to before me on «notdate», by «Owner Name», as Owner.

_________________________________________Notary Public

STATE OF «notstate MC» )) ss.

COUNTY OF «notcount MC» )

Subscribed and sworn to before me on «notdate», by «Tenant Name», as Tenant.

_________________________________________Notary Public

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PASTURE LEASE

This Agreement is made and entered into effective this «Lease Start Date» by and between «Landlord Name», as Landlord, and «Tenant Name», as Tenant.

1. PROPERTY DESCRIPTION: The Landlord hereby leases unto the Tenant the following described property, to-wit:

«Legal Description»

all property being subject to roadways, easements and restrictions of record, hereinafter referred to as the “farm.” The Landlord warrants that «Landlord Gender MC» is the owner of the farm, has the right to lease the property, and will defend the Tenant’s right to possession against any and all persons whomsoever.

2. TERM OF LEASE: The term of this Lease shall be for «Lease Length In Years:nine» («Lease Length In Years») years from «Lease Start Date:June 3, 1990» until «Lease End Date:June 3, 1990». Tenant agrees to surrender possession and occupancy of the premises peaceably at the termination of the Lease. This Lease shall terminate of its own accord without notice by either party to the other as of the end of the term of this Lease as specified herein.

3. RENT: The Tenant agrees to pay the Landlord annual rent in the following amounts:

(A) Rent on the Pasture Lands - shall be in the amount of $«Pasture Land Rent» per acre for the «Pasture Land Acres» pasture acres as reflected by the Farm Service Agency records totaling $«Pasture Land Total Rent» per year during the term of this Lease. All rents due hereunder shall be paid on or before March 1st of each year with the first such payment being due upon the signing of this Lease Agreement.

(B) Rent on Dryland Stalks - shall be in the sum of $«Dryland Stalk Land Rent» per acre with the number of acres being rented each year determined by FSA records. All rents due hereunder shall be paid on or before March 1st of each year with the first such payment being due upon the signing of this Lease.

(C) Rent on Irrigated Corn and Soybean Stalks - shall be in the sum of $«Irrigated Corn and Soybean Stalks Land Rent» per acre with the number of acres being rented each year determined by FSA records. All rents due hereunder shall be paid on or before March 1st of each year with the first such payment being due upon the signing of this Lease Agreement.

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4. SPECIFIC LIMITATION ON USE OF PASTURE LANDS: Livestock shall not be placed onto the pasture prior to May 1st of each year and shall be removed no later than November 1st. The property is to be used for the grazing of Tenant’s cattle and for no other purpose. The pasture shall not be stocked with more than «Maximum Cow Calf Pairs» («Maximum Cow Calf Pairs:9999») cow/calf pairs. If Tenant proposes to graze any other kind of livestock on the premises, he shall first obtain permission of the Landlord and Landlord and Tenant shall mutually agree as to the kind of livestock and the number of that kind of livestock that shall be grazed on the premises. Tenant agrees that he will graze the pastures in accordance with proper and usual agricultural methods and practices. It is further agreed that the land will not be overgrazed, particularly in drought periods, and that Tenant will manage the grassland in a manner that will prevent its deterioration. Tenants will not commit waste on or damage to the pasture and will exercise due care to prevent others from so doing. Landlord shall in no way be responsible for any of the care or attention necessary for the cattle that are placed on the real estate. All cattle are the sole responsibility of the Lessee.

5. RIGHT OF ENTRY: The Landlord reserves the right for himself, his agents, his employees, or his assigns to enter the property at any reasonable time for the purpose of (a) consulting with the Tenant; (b) making repairs, improvements and inspections; (c) developing mineral resources which are hereby reserved to the Landlord; and (d) any other purpose reasonable for protecting Landlord’s property.

6. NO RIGHT TO SUBLEASE: The Landlord does not convey to the Tenant the right to lease or sublease any part of the property, or to assign any interest in this Lease to any person or persons whomsoever.

7. HEIRS AND SUCCESSORS: The terms of this Lease shall be binding upon the heirs, executors, administrators, and successors of the Tenants and all successors of the Landlord in like manner as upon the original parties.

8. RIGHT TO LEASE: The Landlord warrants that he has the right to lease the premises and will defend possession to the extent of this authority.

9. GENERAL MAINTENANCE OF THE PROPERTY: The Tenant will maintain the wells and fences, and any other improvements on the property, during his tenancy in as good condition as at the beginning of the lease, normal wear, depreciation and damage from causes beyond the Tenant’s control excepted. The Landlord will furnish the materials and the Tenant will perform all labor for normal maintenance and repairs on the fences on the property.

10. LIVESTOCK PRACTICES: In caring for his livestock, Tenant will follow health and sanitation measures and guard against disease.

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11. NOXIOUS WEEDS: The Tenant will use diligence to prevent noxious weeds from going to seed on the property and will destroy the same.

12. IMPROVEMENTS: The Tenant will not, without written consent of the Landlord, erect or permit to be erected on the property any permanent structure or building or add or substantially alter any existing structure on the premises or incur any expense to the Landlord for such purpose. Minor improvements of a temporary or removable nature which do not mar the condition or appearance of the property, may be made by the Tenant at Tenant’s own expense. The Tenant may at any time while this Lease is in effect, remove such improvements, provided Tenant leaves that part of the premises from which they are removed in good condition.

13. ENVIRONMENTAL COMPLIANCE: Tenant hereby indemnifies Landlord from any loss, liability, claim or expense, including without limitation, clean-up, engineering, attorneys fees and expenses that Landlord may incur by reason of the use, generation or disposal by Tenant of any toxic or hazardous waste or substances on or about the premises, or by reason of any investigation or claim of any governmental agency in connection therewith. This indemnity shall survive the term of this lease or any extension hereof.

14. COMPENSATION FOR DAMAGES: When the Tenant leaves the premise, he will pay the Landlord reasonable compensation for any damage to the pasture for which the Tenant is responsible, except ordinary wear and depreciation and damages beyond Tenant’s control.

15. NO PARTNERSHIP CREATED: This Lease shall not be deemed to give rise to a partnership relation, and neither party shall have authority to obligate the other without written consent, except as specifically provided in this Lease.

16. DEBTS AND ACCIDENTS: Each party agrees that the other party shall in no way be responsible for the debts of, or liabilities for accidents or damages caused by, the other party. Tenant agrees to maintain adequate liability insurance on his livestock pastured on the premises, and to provide proof of the same to the Landlord at Landlord’s request.

17. WILLFUL NEGLECT: Willful neglect, failure, or refusal by either party to carry out any substantial provision of this Lease shall give the other party the benefits of any proceedings provided by law and shall operate so as to immediately terminate the Lease.

IN WITNESS WHEREOF, the parties have executed this Lease in duplicate the day and year first above written.

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__________________________________ __________________________________«Landlord Name», Landlord «Tenant Name», Tenant

STATE OF «notstate MC» )) ss.

COUNTY OF «notcount MC» )

The foregoing instrument was acknowledged before me this «notdate» by «Landlord Name» as Landlord.

___________________________________

Notary Public

STATE OF «notstate MC» )) ss.

COUNTY OF «notcount MC» )

The foregoing instrument was acknowledged before me this «notdate» by «Tenant Name» as Tenant.

___________________________________

Notary Public

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Notice of Termination of Lease

August 12, 2015

[Recipient][Address Line 1][Address Line 2]

Re: Notice of Termination of Lease

Dear __________,

You are hereby notified that I have elected to terminate your tenancy to the followingdescribed real estate:

The Southeast Quarter (SE1/4) of Section Seventy (70) and West Half(W1/2) of Section Sixty (60), ALL in Township Four (4) North, RangeSixty (60) West of the 6th P.M., in Franklin County, Nebraska,

which property you now rent from me under a year to year written lease. This termination will be effective March 1, 2015. You are directed not to work any ground on the premises, or to prepare for, or plant any other crops including wheat. If you do plant any crops, you will not be allowed onto the premises to harvest them in 2015.

On or before March 1, 2015, you should remove from the premises, any and all personalproperty belonging to you.

Sincerely,

________________________M. KNOTT HAPPY

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MISCELLANEOUS OPTIONAL PROVISIONS

1. RIGHT OF FIRST REFUSAL: It is acknowledged and agreed that during the term of thiscontract, in the event Landlord should elect to sell all or any portion of the real estate which is thesubject of this agreement, in whole or in part, Tenant shall have the right of first refusal for a period of thirty (30) days within which to purchase such property on the same terms and conditions as offered to a third party.

2. RESERVATION OF HUNTING RIGHTS: The Landlord reserves all hunting rights inconnection with the farm property and reserves the right to enter upon the premises to exercise saidrights, and to post the same for purposes of denying access to all others for hunting purposes.OR: The Tenant shall control any hunting on the property, provided however, the Landlord and hisimmediate family shall have hunting privileges on said land without the Tenant's consent.OR: The Landlord reserves all hunting rights and privileges. The Tenant may not hunt on or permitothers to hunt on the property without the written consent of the Landlord. The Landlord or anyperson who has obtained written permission to hunt from the Landlord shall have access to theproperty for hunting purposes.

3. RIGHT OF RENEWAL: Upon the expiration of the term of this Lease, the Tenant shall have theright and option to lease the property for an additional term years upon the same terms andconditions contained in this Lease provided, however, if the Tenant exercises his right or option tolease the property for an additional term of __ years, the rental to be paid during the additionalterm of __ years shall be as mutually agreed upon between the parties. If the Tenant desires toexercise his option or right to lease the property for an additional term years, Tenant shallgive the Landlord written notice of said election on or before _____.

OR: Provided that the Tenant is not in default, if the Landlord wishes to sell the real estate during the term of this Lease or received an offer from a third party to buy the real

estate, which offer the Landlord wishes to accept, then the Landlord will notify the Tenant of the terms on which the Landlord is willing to sell or the offer to buy the real estate received by the Landlord which the Landlord is willing to accept. Tenant is granted the option to purchase the property on the terms proposed by the Landlord or meeting the terms of the offer to buy. The Tenant must notify the Landlord in writing within thirty (30) days of his exercise of this option to purchase the property or match the offer to buy that is acceptable to the

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Landlord. Failure to accept or refuse the terms of the offer within the thirty day period will be treated as a relinquishment of the option and the Landlord may proceed with the sale of the real estate. The parties wish to make clear that nothing in this paragraph or release shall be construed to mean that the Landlord is under any obligation to sell the real estate during the term of this Lease. The intent of the parties is to grant the Tenant the right of first refusal to purchase the property from the Landlord in the event the Landlord wishes to sell the real estate during the term of this Lease or the Landlord receives an offer from a third party to buy the real estate but only if the Landlord is willing to accept the offer.

4. BANK LETTER OF CREDIT: In lieu of the Security Agreement and Crop Liens requiredherein, Tenant, at his option, may substitute an Irrevocable Letter of Credit from his primary Lender,in a form acceptable to the Landlord, in which said Lender pledges to pay to Landlord any rentalpayment due hereunder, which Tenant fails to timely pay.

5. FARM ACCEPTED IN "AS IS" CONDITION: Tenant agrees that he is taking the farm and allirrigation equipment located on the above described real estate in "as is" condition.

6. DESTRUCTION OF BUILDINGS: In the event of the destruction of any improvements, theparties agree that the Landlord will replace the destroyed improvements in a reasonable time. Therewill be no abatement of rent in the event of the destruction of any improvement provided it isreplaced in a reasonable time.

OR: If there are any buildings located on the leased property which are destroyed by fire or other hazard, the Landlord shall have no obligation of replacing the

building or buildings destroyed.OR: Tenant shall be entitled to use the grain storage bins on the premises, at Tenant's own

risk and expense. The Tenant shall pay maintenance costs as necessary and shall be solely responsible for any and all utility charges and repair costs in connection with such storage bins, and Tenant hereby indemnifies and agrees to hold Landlord harmless from any responsibility or liability with respect to the use, repair, maintenance and utility charges on said bins during the term of this Lease. It is expressly understood that the rent paid by Tenant is in no way related to the use of Landlord's grain storage bins.

7. RESERVATION OF MINERAL RIGHTS: The Landlord shall receive all payments for, andother benefits of, any mineral leases. The Landlord shall have the right to execute mineral leases forthe above-described premises and to grant ingress and egress without hindrance for the purpose ofperfecting and developing such leases all without the consent of the Tenant provided that suchdevelopment does not interfere with the planting, growing, and/or harvesting of crops by the Tenant.If any damage is done to Tenant's growing crops by Landlord's execution of a mineral lease, theLandlord shall reimburse the Tenant for such damage done to growing crops.

8. RESERVATION OF STALKS: It is agreed that the Landlord will retain the use of the stalksand crop residue.

9. IRRIGATION EQUIPMENT: Landlord agrees to provide the following irrigation equipmentfor use by the Tenant during the term of this Lease: lengths of _ -inch irrigation pipe,

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----irrigation motor, well gearheads and pumps. Landlord shall retain ownership of all such irrigation equipment, and Tenant accepts said irrigation equipment in its current condition. Tenant shall be solely responsible for the costs of repairs, replacement, and regular maintenance of any and all personal property owned by Landlord which Tenant is entitled to use during the term of this Lease. Tenant also agrees to maintain such equipment in good and workmanlike order and return the same to the Landlord in such condition at the expiration of this Lease. All additional irrigation equipment not specifically included herein shall be furnished by the Tenant.

10. DECREASE IN AVAILABLE WATER: In the sole and only event that any governmentdepartment or agency shall reduce the amount of water to be used on said real estate to less thantwelve (12) inches for any crop growing season, it is agreed that the amount of the cash rent shall bereduced by ten percent (10%) for said crop season.

11: SEVERANCE AGREEMENT/PIVOT OWNED BY TENANT: The Tenant, at Tenant's soleexpense, shall be permitted to place a Reinke pivot on the property as well as a CAT engine, whichshall remain the Tenant's sole property, and shall not attach to or be considered an improvement tothe real estate. Upon termination of the Tenant's Lease, the Reinke pivot and CAT engine shall bethe property of the Tenant and shall be removed by Tenant prior to the expiration of the lease.

OR: It is agreed that the Lessee shall put a pivot and gearhead on the property which shall remain the sole property ofthe Lessee. Lessor agrees to supply the

underground pipe and wire to facilitate the use of the pivot to the agreed location and to pay for the expense of tree removal for the use of the pivot, not to exceed $6,000.00 in total expenses on the part of the Lessor. Upon the termination of this Lease, the Lessor shall have the first option to purchase the pivot and gearhead from the Lessee for the appraised value of the pivot and gearhead at that conclusion of the Lease. All expenses for maintenance and repairs to the pivot shall be the sole expense of the Lessee.

OR: The Lessee agrees to provide any pivots to be used on the property and shall retain ownership of the same. Lessor agrees that said pivots shall be considered

personal property and shall remain the sole property of the Lessee, and Lessor agrees to sign a severance agreement with respect to said pivots, if required. Lessor hereby agrees to be solely responsible to pay for all dirt work, for the laying of underground pipe and wire, gearheads and pumps on the above-described real estate for purposes of developing a pivot. Lessor agrees to reimburse Lessee for said developments costs paid by the Lessee, in the amount of $8,500.00; and it is further agreed that every March, there shall be a ten percent (10%) reduction in the amount to be reimbursed to the Lessee for said development costs on Lessor's property, provided Lessor continues to lease all property under this lease to the Lessee. In the event that Lessee terminates this Lease, the Lessor shall be released from all obligations to reimburse Lessee for said development costs. Reimburse? Or pay flat $8500? Reimburse for costs up to the amount of $8500?

12: LETTER OF CREDIT, SECURITY AGREEMENT, FINANCING STATEMENT AND CROP INSURANCE: Each payment referred to in this Lease shall be secured by an unconditional irrevocable letter(s) of credit for the same amount. Each such letter of credit shall be in a form acceptable to the Landlord in the Landlords sole discretion and shall expire no sooner than thirty (30) days after the date the respective payment is due. In the event the Landlord waives this letter of credit requirement, the Tenant shall then give the Landlord a first security interest in growing and/or

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harvested crops as provided in the remainder of this paragraph. The Landlord shall have first lien on all planted and unplanted crops on the property to secure the payment of the rent as above stated and the Tenant further agrees that this Lease shall constitute a financing statement and security agreement in favor of the Landlord on all unplanted crops on the property and also on crops planted or now growing or standing and shall extend to and shall cover such crops after they have matured, whether the same are in the field, in cribs, or bins, in elevators, in the stack, barns, or any other place as security for the payment of the rent. It is further agreed and understood that the Tenant shall carry crop insurance in the amount sufficient to cover the rents set forth herein.

13: NRD COMPLIANCE: TENANT acknowledges the responsibility to fully abide by all requirements of the governing NRD (Natural Resource District) relative to the farm. Further, TENANT will hold landlord harmless for all water pumping restrictions and or allocations and will not over pump or violate any requirements of the NRD. TENANT agrees to pay damages for over pumping in the amount of $___ per acre-inch multiplied by the certified acres for each acre-inch pumped in excess of the average annual allocation. The parties agree that this amount is representative of the actual amount of damages that would be sustained by the OWNER in the event the TENANT over pumps and that this amount is not punitive in nature. TENANT shall not transfer or pool the farm’s allocation without written consent of the OWNER. In the event the governing NRD decreases the allocation of ground water during the term of this lease, TENANT and OWNER agree to review and modify the lease terms.

14: CROP INFORMATION: The TENANT agrees to report all necessary information pertaining to federal crop insurance within 5 days of planting and harvesting, including number of acres planted, planting date(s), and harvest production. The TENANT also agrees to notify the OWNER within 24 hours of his knowledge of any crop damage.

15: GOVERNMENT PROGRAMS: The TENANT agrees to cooperate in the participation of any Federal or State Agricultural programs upon the request of the OWNER. The TENANT acknowledges he is aware of the Conservation Plan requirements for the property as required by the Natural Resources Conservation Service (NRCS) and Farm Service Agency (FSA). The TENANT agrees that he will plan and implement all farming operations on the property to comply with all requirements of the Conservation Plan. This includes all highly erodible (HEL), non-highly erodible (NHEL) and wetland provisions of the Conservation Plan. The TENANT shall immediately notify the OWNER of any problems he becomes aware of, or any notices he receives, in regards to failure to comply with the provisions of the Conservation Plan. TENANT agrees to indemnify and hold OWNER harmless from any and all violations of the Conservation Plan, or government program participation contracts, resulting from the TENANT’s actions. The TENANT agrees to notify the OWNER and obtain the OWNER’s signature prior to any modifications to the Conservation Plan. The TENANT shall be responsible for crop and acreage certification with the FSA, and shall forward a copy of such certification to OWNER. In the event this Lease is not renewed or is terminated, any unearned government program payments paid to the TENANT for next program year shall be repaid to the governing FSA office immediately. TENANT further agrees to keep and provide all records necessary for proving crop yields with the FSA, and to assist OWNER in all respects to any government programs or requirements.

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IRREVOCABLE LETTER OF CREDIT

To: ________________Amount: ________________Date: ________________Expiration: ________________Letter of Credit No. ________________

Dear Landlord:

We hereby establish our Irrevocable Letter of Credit No.___ in your favor and for theaccount of up to an aggregate amount of ($____) U.S. Dollars, effective this date and expiring at the close of business on _____________. Funds under this credit are available to you by your sight draft drawn on __________Bank, and accompanied by the following documents:

Beneficiary's signed statement certifying the following:a. The draft presented for drawing is for certain land lease payment to beneficiary

due ____________.b. Payment of said invoice has been demanded from ______________(Tenant).c.____________ (Tenant) has failed to pay said invoice.

Partial drawings are/ are not/ permitted under this credit. This Letter of Credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be amended, amplified, extended or modified by reference to any other document or instrument referred to herein, or to which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document or instrument.

We hereby agree with the drawers, endorsers and bona fide holders of any drafts drawn hereunder and in compliance with the terms of this credit, that such drafts will be duly honored

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on due presentation at our office at ___________________________, on or before_____________, 2015.

Dated this __ day of ______ , 2015.___________Bank, ____________, Nebraska,

By _____________________________________________, President