FARM CASH RENT AGREEMENT THIS AGREEMENT Made this _______ day by eddie21

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									                              FARM CASH RENT AGREEMENT

       THIS AGREEMENT, Made this _______ day of ______________, 2007, by and between


whose post office address is _______________________________________________________,

as Owner of the real estate described herein; and _______________________________________

_____________________________, whose post office address is ____________________________

_______________________________________________, as Tenant.

       WITNESSETH, that Tenant hereby agrees to and with the Owner, for the consideration

hereinafter named, to well and faithfully till and farm during the season of farming in the years 2007,

2008, and 2009, commencing upon the execution of this Farm Cash Rent Agreement and ending

October 1, 2009, according to the usual course of husbandry, the following-described premises

situated in the County of Cass and State of North Dakota:



       Tenant in consideration of this lease of the above-mentioned premises does hereby agree to

pay to the Owner ________________________________________________________________

AND NO/100 DOLLARS ($_____________) total cash rent annually. Payment due dates are as

follows: The total annual cash rent for the year 2007 due and payable in full on March 1, 2007; the

total annual cash rent for the year 2008 due and payable on March 1, 2008; and the total annual cash

rent for the year 2009 due and payable on March 1, 2009. Any payments not made when due shall

draw interest at the rate of eight percent (8%) per annum. If the Tenant fails to pay the rent due or

fails to keep any of the agreements of this lease, then to the extent permitted by law, all costs and

attorneys fees enforcing collection or performance, together with the costs incurred by Owner to

accomplish those actions agreed to be performed by Tenant, including but not limited to, cultivation

and tilling, shall be added to and become a part of the obligations payable by the Tenant hereunder.

       1.      Tenant's Duties: To furnish all necessary labor, tools and farm equipment as may be

necessary to farm and maintain the land in a good and husband-like manner.

               a.      To properly prepare the seedbed, seed the crops and fertilize the land at the
                       typical rate in the area in order to achieve the highest crop yields.

               b.      To conduct a good weed control program, including but not limited to
                       noxious weeds such as leafy spurge and Russian thistle, and apply all weed
                       control chemicals at no expense to the Owner.

               c.      To cut all grass and weeds on the roads adjoining and on all lands covered
                       by this lease and keep the ditches clean of weeds and debris and mow weeds
                       and control weeds to the satisfaction of the Owner.

               d.      To protect trees and shrubs and to cut no live trees without the written
                       consent of the Owner.

               e.      To maintain established water courses, grass, greenways, contour lines,
                       terraces, dams, and other soil or water structures, which may be on the land.
                       Provided, however, that the cleaning of drains shall be done on agreement of
                       the parties, with the cost of cleaning drains to be paid equally by Tenant and

               f.      To maintain the productivity of the land, except for unavoidable erosion and
                       normal depletion, and including appropriate crop rotation specifically in
                       accordance with recognized good farming practices.

       2.      Owner’s Duties: Owner shall be put to no expense in operating and maintaining said

farm or in producing said crops or in hauling the same to market.

       3.      Tenant's Acceptance of Property: Tenant shall take possession of the leased premises

and accept the leased premises in its existing condition and by taking possession is representing to

the Owner that there is nothing further required of the Owner to make the premises suitable for the

purposes and uses set forth above. No representation, statement or warranty, expressed or implied,

has been made by or on behalf of the Owner as to such condition of the soil or as to the use that may

be made of the leased premises.

       4.      Government Payments: All government payments on land are payable to the Tenant.

Tenant agrees to return any FSA allotments or bases to the Owner upon the termination of this

contract in accordance with the regulations made by the FSA office. The parties hereto agree that

the Tenant shall not have the right to combine the leased premises with any other lands owned or

rented by Tenant to form a unit or units for governmental farm program purposes. Tenant agrees

to preserve all wheat, feed grain and other crop bases, to certify acreage with the FSA/ASCS office

annually, and to abide by all regulations according to conservation plans.

       5.      Sale of Land: This land is subject to sale by the Owner. If land is sold, purchaser

shall take the lands subject to this lease agreement.

       6.      Default:   In the event the Tenant shall fail to punctually make any of the

above-mentioned payments as specified or to keep and perform any of the agreements herein

contained, the Owner may re-enter upon said premises and take possession of any crops and

government payments and sell sufficient crops to perform on this contract or have such other remedy

as is provided by law. Should Tenant neglect, fail or refuse to perform any of Tenant's duties and

obligations hereunder including, without limitation, the timely payment of rentals due Owner

hereunder, then and in such event the Owner shall have the right to re-enter upon and take

possession of the leased premises without working a forfeiture of the rentals due Owner.

       7.      Security Interest:   To secure the payment of rents herein specified, and the

performance and fulfillment of the terms, the Tenant does hereby grant a Security Interest to the

Owner in all crops growing or grown on said premises during the term of this lease and in products

and contract rights with respect to them and all proceeds of each. Upon any default by the Tenant

in paying said rent or in performance of this lease and at any time thereafter, the Owner shall have

in addition to the right granted hereby all rights and remedies of a secured party under the Uniform

Commercial Code or other applicable law. The Owner may require the Tenant to assemble said

property and make it available to said Owner at a place to be designated by the Owner reasonably

convenient to both Owner and Tenant. Expenses of retaking, preparing for sale, selling, including

reasonable attorney's fees and legal expenses of the Owner, shall be charged to the Tenant. In case

the Tenant defaults in the rents or terms of the lease, the Owner may immediately and without notice

terminate the lease and re-enter and repossess said premises, to dispose of crops and the proceeds

thereof as before provided without liability, except to account to the Tenant for proceeds actually


         8.    Assignment and Subletting: This lease shall not be assignable by the Tenant and no

part of the premises shall be sublet by the Tenant without the written consent of the Owner.

         9.    Agency: It is hereby specifically agreed that the Tenant is not the agent of the

Owner. Tenant agrees to make no purchases or incur any obligations for the account of the Owner

without the Owner's consent in writing. It is particularly understood and agreed that this lease shall

not be deemed to be, nor intended to give rise to, a partnership relationship.

         10.   Repairs and Improvements: The Tenant agrees to make at his own expense all minor

repairs necessary to keep the premises in as good a condition as they were at the beginning of the

lease and were put in by the Owner during the lease. Improvements or repairs at Owner’s expense

shall be made only with prior written approval.

         11.   Right of Inspection and Repair: The Owner shall have the right to enter upon the

premises at any time to view the same, make repairs as they may deem necessary and inspect the


         12.   Liability: The Tenant agrees to indemnify and hold the Owner and remainderman

free and harmless from any claims, liability, loss, damage and expense resulting from the Tenant's

occupation and use of the premises, specifically including, without limitation, any claim, liability,

loss or damage arising:

               a.      By reason of the injury to person or property from whatever cause while in
                       or on the premises or in any way connected with the premises or with the
                       improvements or personal property in or on the premises, including any
                       liability for injury to the person or personal property of the Tenant, his agents
                       or employees.

               b.      By reason of any work performed on the premises or materials furnished to
                       the premises at the insistence or request of the Tenant, his agents or

               c.      By reason of the Tenant's failure to perform any provision of this lease or to
                       comply with any requirements imposed on him or on the premises by any
                       duly authorized governmental agent or political subdivision.

               d.      Because of the Tenant's failure or inability to pay as they become due, any
                       obligation incurred by him in the agricultural or other operations to be
                       conducted by him on the premises.

       13.     Condemnation: In the event any portion of said premises are required for public

purposes and are taken by condemnation, this lease with respect to the property taken, shall cease

and expire and any unearned rent paid in advance by the Tenant shall be refunded.

       14.     Environmental Concerns: All application and storage of fertilizers, herbicides,

fungicides and pesticides and disposition of empty containers thereof shall be made by Tenant in

accordance with the instructions on the labels on the containers and per EPA and state

environmental guidelines. In addition, the Tenant shall use extra care in the handling of the above-

described materials and shall not cause any spillage or discharge of same (in excess of normal

applications), and in no event shall cause any spillage, leakage or discharge of same into ground

water, surface water and subsurface soils.

       The Tenant will not cause any contamination or any hazardous substance on, in or under this

property including, but not limited to, spillage of petroleum products or vehicle fuels, gasoline,

kerosene and other products used for the purpose of generating power, lubrication, illumination,

heating or cleaning, and Tenant shall specifically prevent any spilling, leaking, discharging, or

dispensing of any such products in ground water, surface water or subsurface soils.

         The Tenant agrees to notify the Owner immediately of any conditions on this property that

may not be in compliance with applicable environmental laws and regulations. The Tenant agrees

to indemnify, defend and hold the Owner harmless against any loss or damage arising by reason of

Tenant's failure to comply with the environmental and conservation compliance provisions of this


         15.    Amendments and Alterations: Any amendments or alterations to this lease shall be

in writing and shall be signed by both the Owner and the Tenant.

         16.    Buildings and Improvements: Tenant shall not construct any building or other similar

improvements on the leased premises without the prior written consent of the Owner. Any buildings

constructed or placed on the leased premises by Tenant shall, unless otherwise provided by written

agreement between Owner and Tenant, be the property of Owner and remain on the leased premises

at the expiration or sooner termination of this Lease. The cost of construction of any such buildings

or improvements constructed on the leased premises shall be paid by Tenant.

         17.    Termination and Surrender: No notice from the Owner to the Tenant to terminate

this lease at its expiration is required. The Tenant shall surrender and yield up the said premises in

good condition at its expiration and have no right of hold over after the expiration of this lease with

the exception, however, that Tenant shall have the right to harvest crops planted and growing during

the final year of this lease. If the premises are sold or leased to another tenant for the next farming

season, the Tenant will permit the Owner, purchaser or new tenant to enter upon said premises and

plow and prepare the fields immediately upon removal of the then present crop. It is expressly

agreed that the Owner left the tillable land in a chisel-plowed or tilled condition suitable for

preparation for farming the following year at the time of the commencement of this Lease, and the

Tenant will leave the land in the same or similar tilled condition suitable for preparation for farming

the following year at the time of termination of this lease without receiving reimbursement from

Owner. No reimbursement from the Owner to the Tenant will be made for any fall work performed

on the premises by the Tenant in the final year of this lease.

        18.     Hunting and Trapping Rights: The Owner, the family of the Owner, and the guests

and invitees of the Owner shall have all hunting rights and all trapping rights for all types of hunting

and trapping upon the leased premises. The Owner expressly retains all hunting rights and gratis

hunting permits. Any guests or invitees of the Owner shall, to the extent possible, inform the Tenant

that the Owner has granted permission to hunt or trap on all or a portion of the above-described

leased premises. The Tenant agrees to ask and obtain permission from the Owner prior to hunting

or trapping upon any portion of the above-described leased premises. The Owner shall be

responsible for the proper legal posting of the property for no hunting, trapping or trespassing,

including repair and maintenance of such legal posting.

        19.     Binding on Successors: The terms of this lease shall be binding upon the heirs,

personal representatives, administrators, successors and assigns of both the Owner and the Tenant

in like manner as upon the original parties, and subject to restrictions on assignment and subletting

as set forth herein.

        20.     Counterparts: This Agreement may be executed in any number of counterparts and

each shall constitute an original of one and the same instrument.


        1.      Any notice under this lease must be in writing and must be delivered by first class

mail to the following:

              Owner                                      Tenant

        2.      Tenant agrees to file a report each spring with the Owner and as otherwise required

by Government Regulations, outlining and reporting the acres of each crop planted, specifically

where each crop is planted, as well as an end of season yield report. Additionally, Tenant agrees

to file a report at the end of each crop year identifying all chemical products applied on the land,

including the volume and approximate time of application, and specifically identifying chemicals

which have a carryover effect.

       3.      Tenant shall comply with all USDA regulations pertaining to "sodbusters" and

"swampbusters" provisions as they relate to said premises. No additional land shall be broken and

tilled or drained without consulting with the USDA officials and without first getting the written

permission of Owner.







STATE OF NORTH DAKOTA                                 )
                                                      ) ss.
COUNTY OF CASS                                        )

          On this _______ day of ______________, 2007, before me, a Notary Public within and for

said County and State, personally appeared __________________________________________,

known to me to be the person(s) described in and who executed the foregoing instrument and

acknowledged to me that ______ executed the same.

                                                                    Notary Public, State of North Dakota
                                                                    My Commission Expires:

STATE OF NORTH DAKOTA                                 )
                                                      ) ss.
COUNTY OF CASS                                        )

          On this _______ day of ______________, 2007, before me, a Notary Public within and for

said County and State, personally appeared __________________________________________,

known to me to be the person(s) described in and who executed the foregoing instrument and

acknowledged to me that ______ executed the same.

                                                                    Notary Public, State of North Dakota
                                                                    My Commission Expires:



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