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~^ ~ _ Q~/J ~ ~ ~w m ~ '~ y 'F N ~ ~~ ~~~~ ~ W~ m~~. v ~~ ~ ~ ~~ ~ ~ ^I~~ v .. ~. ~ ~ ~~. ~_ ~ c~ -in C ~_ ~ ~ ~ ~ m f1 Z ~, ~. ~ ._,~ rv ~ ~~ ~ d ~ ~ ` ~~ ~t ~ ~ ~ ~ Ca] ~ ~ Q ~ '- ~ ~ r Sr -,C Z7 rv ~ ~.., ~ ~, --.. p: -~ ~ ~ ~ ~ z 0 TOP PORTION FOR USE BY THE OFFICE pF THE REGISTER OF DEEDS ONLY. C~ ._ FARM LEASE AGREEMENT ~]~~ This Farm Lease Agreement is entered into this ~ day of 2009, between Jeanne K. Whitefoot, as Trustee of The Jeanne K. Whitefoot Tr st-c~ea~ecT~by' the Revocable Living Trust Agreement dated February 7, 1994, hereinafter referred to as "Owner", and Phillip Dibbern and Mark Dibbern, jointly and severally, hereinafter referred to as "Tenant". 1. THE PROPERTY. The property which is the subject of this Agreement is legally described as follows: The North Half of the Southeast Quarter (N '/z SE ~/4) in Section Twenty-eight (28), Township Ten (10) North, Range Twelve (12) West of the Bth P.M. in Hall County, Nebraska. 2. AGREEMENT TO LEASE. The Owner agrees to lease to Tenant and Tenant agrees to lease from Owner the property for the term and under the covenants and considerations hereinafter set forth. 3. TERM. The property is hereby leased by Owner to the Tenant for a term commencing March 1, 2009 to February 28, 2010. ,_ Kos 4. RENT. Tenant agrees t a~~s~-rentals fo term cash rent in the total ~ ~ ~;~ ~~ amount of Fourteen Thousand ~ ur~~red Sixty Dollars ($ ,~ payable on January 1, 2010. This rental payment is bas`upon 70.8 acres at $~aa `~ ~~ per acre. If, however, at any time during 2009 the price of corn reaches $4.50 per bushel according to the Cargill Elevator in either Shelton or Wood River, Nebraska, then the rentals for the term shall increase to $250.00 per acre on 70.8 acres for a total rental amount due of Seventeen Thousand Seven Hundred Dollars ($17,700.00). If, however, at any time during 2009 the price of corn reaches $5.95 per bushel according to the Cargill Elevator in either Shelton or Waod River, Nebraska, then the rentals for the term shall increase to $300.00 per acre on 70.8 acres for a total rental amount due of Twenty One Thousand Two Hundred Forty Dollars ($21,240.00). Owner shall notify Tenant in writing if and when the price of corn reaches $4.50 or $5.95 per bushel then putting him on notice of the increased rental payment. Payment of the rent shall be by bank draft or cashier's check made payable to: Jeanne K. Whitefoot, as Trustee of the Jeanne K. Whitefoot Revocable Trust. Any unpaid balance of rental from and after the due date shall draw interest at the rate of 16% per month. 5. OPERATIONAL EXPENSES. The Tenant shall furnish and provide all of their own irrigation pipe and equipment. The Tenant shall assume all daily maintenance of irrigation equipment. The Tenant shall supply all the equipment for planting and harvesting of the crops. The Tenant shall furnish all labor and expenses for the operation of the farm. The Tenant shall be responsible for the costs for the purchase and application of all fertilizer, insecticides and herbicides. Major repairs to the irrigation wells, pumps and motors not caused by the neglect of the Tenant shall be paid by the Owner. The Tenant shall furnish the labor necessary to keep the fences, domestic and stock wells in good repair and condition. The Tenant shall pay for all casts of power for operation of the irrigation equipment. Should any of the irrigation wells, pumps, motors, pipe, ar any other equipment be damaged as a result of the