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3 200401574
<br />creditor, lien creditor, and other lien holder or claimant, from the time of the recording of
<br />this lease as an assignment instrument.
<br />In addition, to secure the performance of the terms and conditions of this lease, Tenant
<br />shall give to Owner, upon demand, a separate financing statement and security
<br />agreement upon all and any part of the crops growing or gathered on the property
<br />during the term of this lease. If Tenant refuses or neglects to give such instruments on
<br />demand, or if Tenant gives or attempts to give any other person any lien on said crops,
<br />or any portion thereof, then at Owner's option, this lease shall terminate and Owner
<br />may at once recover possession of the property. The security interest created herein
<br />shall attach to the proceeds of the sale of crops by Tenant.
<br />15. DESTRUCTION OF IMPROVEMENTS. If there are any improvements located
<br />on the leased property which were destroyed by fire or other hazard, then Owner shall
<br />have no obligation of replacing the improvements destroyed.
<br />16, LIABILITIES. Each party agrees that the other party shall in no way be
<br />responsible for the debts of, or liabilities for accidents or damages caused by the other
<br />party.
<br />17. ENVIRONMENTAL COMPLIANCE. The Tenant shall follow all labeled
<br />restrictions and instructions in the use of all fertilizers, pesticides, herbicides and other
<br />chemicals which may be applied to the leasehold. The Tenant further agrees that all
<br />waste will be disposed of in a manner as approved by the Federal and State
<br />Environmental Agencies and Regulations. The Tenant hereby indemnifies landlord
<br />from any loss, liability, claim or expense, including, without limitation, clean -up,
<br />engineering and attorneys fees and expenses that landlord may incur by reason of the
<br />use, generation or disposal by the Tenant of any toxic or hazardous waste or
<br />substances on or about the leased premises, or by reason of any investigation or claim
<br />of any governmental agency in connection therewith. This indemnity shall survive the
<br />term of this lease or any extension hereof.
<br />18. INDEMNIFICATION. The Tenant shall indemnify and hold the Owner and the
<br />property of the Owner, including the farm, free and harmless of any and all claims,
<br />liability, loss, damage, or expenses resulting from Tenant's occupation and use of the
<br />property, including any claim, liability, loss, or damage arising by reason of the injury to
<br />or death of any person or persons or by reason of damage to any property caused by
<br />the condition of the farm, the condition of any improvements or personal property in or
<br />on the farm, or the acts or omissions of Tenant or any person in or on the farm with the
<br />express or implied consent of the Tenant. The duties of Tenant under this paragraph to
<br />indemnify and hold the Owner and the property of Owner free and harmless from any
<br />such claim, liability, loss or damage shall extend to any claim, liability, loss or damage
<br />arising by reason of the injury to or death of (a) the Tenant, (b) the agent, officer or
<br />employee of Tenant, (c) any independent contractor hired by Tenant to perform work or
<br />render services on the farm, or (d) any agent, officer, or employee of any independent
<br />contractor hired by Owner to perform work or render services on the farm.
<br />19. GOVERNMENT PROGRAMS. Tenant shall comply with all government
<br />programs to which the farm may be subject during the term of this lease. Upon
<br />modification of any such program, Tenant shall plan and perform according to such
<br />modification so as not to jeopardize the rights of the Owner and the farm to further
<br />participation in government programs. The farm shall not be combined with any other
<br />tract operated by Tenant for government program purposes without the prior written
<br />consent of Owner. Tenant further agrees to maintain the current corn base
<br />measurement, if any, upon the above - described real property and such corn base
<br />measurement shall not be reduced without the prior written consent of Owner.
<br />20. HUNTING RIGHTS. The Owner reserves all hunting rights and privileges. The
<br />Tenant may not hunt on or permit others to hunt on the property without the written
<br />permission of Owner. The Owner or any person who has obtained written permission
<br />to hunt from Owner to have access to the property for hunting purposes.
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