|
<br />3
<br />
<br />200701375
<br />
<br />to and shall cover such crops after they have matured, whether the same are in the
<br />field, in cribs or bins, in elevators, in the stacks, barns or any other place on the
<br />property as security for the payment of the rent. The security interest of the Owner in
<br />the rents shall be valid and binding between the Owner and Tenant upon the execution
<br />and delivery of this lease. As provided in the Neb. Rev. Stat. 952-1704, a security
<br />interest of the Owner in the rents shall be perfected upon the recording of this lease
<br />with the Register of Deeds of Hall County, Nebraska, the county in which the real estate
<br />is situated. Upon the recording of this lease, the security interest in the rents shall be
<br />valid, enforceable, and binding against, unavoidable by, and fully perfected as to all
<br />parties including any subsequent purchaser, mortgagee, trustee in bankruptcy, general
<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 />
<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 />
<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 />
<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 />
<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 />
<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 />
<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 />
|