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This Farm Lease Agreement is entered into this 13— day of , 2004 between <br />Jeanne K. Whitefoot, as Trustee of The Jeanne K. Whitefoot Trus created by the <br />Revocable Living Trust Agreement dated February 7, 1994, herein er referred to as <br />"Owner", and Phillip Dibbern and Mark Dibbern, jointly and severally, hereinafter <br />referred to as "Tenant ". <br />1. THE PROPERTY. The property which is the subject of this Agreement is legally <br />described as follows: <br />The Southwest Quarter (SW' /) of Section Thirty -one (31), Township Eleven (11) <br />North, Range Eleven (11) West of the 6th p.m. in Hall County, Nebraska, <br />excepting therefrom that part thereof conveyed to the County of Hall, State of <br />Nebraska, by Deed recorded in Book 79 at Page 610 of the deed records of Hall <br />County, Nebraska. <br />2. AGREEMENT TO LEASE. The Owner agrees to lease to Tenant and Tenant <br />agrees to lease from Owner the property for the term and under the covenants and <br />considerations hereinafter set forth. <br />3. TERM. The property is hereby leased by Owner to the Tenant for a term <br />commencing March 1, 2004 to February 28, 2005. <br />4. RENT. Tenant agrees to pay as rentals for the term cash rent in the total <br />amount of Twenty -Six Thousand Four Hundred Seventy -Seven Dollars and Fifty Cents <br />($26,477.50) due and payable on January 1, 2005. Payment of the rent shall be by <br />bank draft or cashier's check made payable to: Jeanne K. Whitefoot, as Trustee of the <br />Jeanne K. Whitefoot Revocable Trust. Any unpaid balance of rental from and after the <br />due date shall draw interest at the rate of 16% per month. <br />5. OPERATIONAL EXPENSES. The Tenant shall furnish and provide all of their <br />own irrigation pipe and equipment. The Tenant shall assume all daily maintenance of <br />irrigation equipment. The Tenant shall assume and be responsible for all repair and <br />maintenance of the pivot irrigation system at his sole cost. The Tenant shall supply all <br />the equipment for planting and harvesting of the crops. The Tenant shall furnish all <br />labor and expenses for the operation of the farm. The Tenant shall be responsible for <br />the costs for the purchase and application of all fertilizer, insecticides and herbicides. <br />Major repairs to the irrigation wells, pumps and motors not caused by the neglect of the <br />Tenant shall be paid by the Owner. The Tenant shall furnish the labor necessary to <br />keep the fences, domestic and stock wells in good repair and condition. The Tenant <br />shall pay for all costs of power for operation of the irrigation equipment. <br />The parties acknowledge that there is one (1) grain bin on the property. The Tenant has <br />the option to use this bin if he notifies the Owner no later than September 1, 2004. If the <br />Tenant chooses to use the bin, he will compensate Owner in the amount of Six <br />Hundred Dollars ($600.00). This amount will be paid by Tenant to Owner in advance of <br />September 1, 2004, and in advance of the Tenant's use of the bin. Tenant shall be <br />solely responsible for all maintenance, utilities, upkeep, and all other expenses during <br />his use of the bin. Tenant agrees that any grain in the bin will be removed no later than <br />the expiration of the term of this Lease, or by any other date as may be mutually agreed <br />to by the parties. <br />_:�s <br />c+ <br />M nn <br />1 <br />rn <br />o c 4 <br />--+ <br />V1 <br />c� . <br />o <br />-� O <br />CO C1. <br />` <br />o <br />- <br />�j <br />Z:3 <br />(% <br />v� <br />t <br />r <br />ii i <br />F- . C <br />CD <br />Cn <br />CD <br />0040157 <br />� <br />� <br />-�� <br />FARM LEASE AGREEMENT <br />C <br />Z <br />This Farm Lease Agreement is entered into this 13— day of , 2004 between <br />Jeanne K. Whitefoot, as Trustee of The Jeanne K. Whitefoot Trus created by the <br />Revocable Living Trust Agreement dated February 7, 1994, herein er referred to as <br />"Owner", and Phillip Dibbern and Mark Dibbern, jointly and severally, hereinafter <br />referred to as "Tenant ". <br />1. THE PROPERTY. The property which is the subject of this Agreement is legally <br />described as follows: <br />The Southwest Quarter (SW' /) of Section Thirty -one (31), Township Eleven (11) <br />North, Range Eleven (11) West of the 6th p.m. in Hall County, Nebraska, <br />excepting therefrom that part thereof conveyed to the County of Hall, State of <br />Nebraska, by Deed recorded in Book 79 at Page 610 of the deed records of Hall <br />County, Nebraska. <br />2. AGREEMENT TO LEASE. The Owner agrees to lease to Tenant and Tenant <br />agrees to lease from Owner the property for the term and under the covenants and <br />considerations hereinafter set forth. <br />3. TERM. The property is hereby leased by Owner to the Tenant for a term <br />commencing March 1, 2004 to February 28, 2005. <br />4. RENT. Tenant agrees to pay as rentals for the term cash rent in the total <br />amount of Twenty -Six Thousand Four Hundred Seventy -Seven Dollars and Fifty Cents <br />($26,477.50) due and payable on January 1, 2005. Payment of the rent shall be by <br />bank draft or cashier's check made payable to: Jeanne K. Whitefoot, as Trustee of the <br />Jeanne K. Whitefoot Revocable Trust. Any unpaid balance of rental from and after the <br />due date shall draw interest at the rate of 16% per month. <br />5. OPERATIONAL EXPENSES. The Tenant shall furnish and provide all of their <br />own irrigation pipe and equipment. The Tenant shall assume all daily maintenance of <br />irrigation equipment. The Tenant shall assume and be responsible for all repair and <br />maintenance of the pivot irrigation system at his sole cost. The Tenant shall supply all <br />the equipment for planting and harvesting of the crops. The Tenant shall furnish all <br />labor and expenses for the operation of the farm. The Tenant shall be responsible for <br />the costs for the purchase and application of all fertilizer, insecticides and herbicides. <br />Major repairs to the irrigation wells, pumps and motors not caused by the neglect of the <br />Tenant shall be paid by the Owner. The Tenant shall furnish the labor necessary to <br />keep the fences, domestic and stock wells in good repair and condition. The Tenant <br />shall pay for all costs of power for operation of the irrigation equipment. <br />The parties acknowledge that there is one (1) grain bin on the property. The Tenant has <br />the option to use this bin if he notifies the Owner no later than September 1, 2004. If the <br />Tenant chooses to use the bin, he will compensate Owner in the amount of Six <br />Hundred Dollars ($600.00). This amount will be paid by Tenant to Owner in advance of <br />September 1, 2004, and in advance of the Tenant's use of the bin. Tenant shall be <br />solely responsible for all maintenance, utilities, upkeep, and all other expenses during <br />his use of the bin. Tenant agrees that any grain in the bin will be removed no later than <br />the expiration of the term of this Lease, or by any other date as may be mutually agreed <br />to by the parties. <br />_:�s <br />c+ <br />