5. USDA Commodity Program Payments: Payments shall be paid to the Operator unless otherwise agreed on with
the Farm Service Agency.
6.
Recreational Use: Use of the real estate is not allowed for hunting or other recreational purposes without written
consent of the Owner.
7.
Division of Expense: All crop production expenses are the responsibility of the Operator. Cost of lime and
application will be treated as follows:
8. Expenses: No expense shall be incurred by the Operator for or on account of the Owner without first obtaining
written permission from the Owner. The Operator agrees to take no actions that might cause a mechanic’s or other
lien to be imposed upon the Real Estate and agrees to indemnify the Owner if actions are taken by the Operator
that result in such a lien being imposed.
9.
Repair and Maintenance: Minor repairs for buildings and fences: Owner will furnish all materials and Operator
will provide the labor at no charge. New fence: Owner to furnish all materials and one-half of the cost of labor.
Operator to provide one-half of the labor and all of the equipment to construct fence. Owner will pay 100% of the
cost to clear fence row when necessary.
10.
Operator’s Duties: Operator agrees to operate the farm in an efficient and steward-like manner, control weeds and
brush in the fields, fence rows, and road ditches, provide proper maintenance to control erosion and maintain
terraces, waterways, and tiles, and building lots and all other areas of the farm where access is possible. The Operator
agrees to furnish to the Owner by December 15 an annual report including 1) a summary of fertilizer, lime, and
pesticide application records and 2) production or yield information about harvested crops each year, such as may
be required for participation in Farm Service Agency programs or for setting crop insurance actual production
history yields, and to use measurement methods acceptable for these purposes. Operator agrees, on termination
of the lease, to yield prompt possession of the farm to the Owner and to leave the premises in as good condition as
before they took possession or to compensate the Owner for damages.
11.
Owner’s Duties: Owner agrees to warrant and defend the Operator’s possession against all persons as long as this
lease remains in effect. The Owner will promptly pay real property taxes and carry insurance on his/her interest
in the property.
12.
Harvested Crop’s Aboveground Plants: Operator does not have the right to take any part of the harvested crop’s
aboveground plant without the express written permission of the Owner. This includes burning or removing any
crop residues from the property.
13.
Transfer of Interest: The Operator agrees not to lease or sublet any part of the Real Estate nor assign this lease to
any other person or entity, nor sublease any or all of the property described herein without prior written permission
of the Owner. This lease shall be binding upon the heirs, assignees, or successors in interest of both parties. If the
Owner should sell or otherwise transfer title to the Real Estate, the Owner will do so subject to the provisions of
this lease.
14.
Changes in Lease Terms: The conduct, representation, or statement of either party, by act or omission, shall not
be construed as a material alteration of this lease until such provision is reduced to writing and executed by both
parties as an addendum to this lease.
15.
Right of Entry: The Owner reserves the right to enter the premises at any time for any reasonable purpose. Upon
notice of the lease termination, the Operator agrees to permit the Owner or the Owner’s lessee or agent to enter the
premise to do customary tillage and operations on any land from which the current crops have been harvested
date owner (s) initials operator (s) initials page 2 of 3