SAMPLE FORM

FARM LEASE - CASH OR CROP SHARES

            IDENTIFICATION OF PARTIES:

            It is agreed between the following parties:

            Landlord:                                                       Tenant:
            Richard Mark¹                                               Paul Adin⁴                            

           Address:                                                         Address:
           1530 Quiz Road                                              RR Hwy 2                             
           Colly, KS  67701²                                           Colly, KS  67701⁵               

           Telephone:   (999) 333-5500³                           Telephone:   (999) 333-5011⁶

            DESCRIPTION OF PREMISES:

            The landlord shall rent to tenant the following premises described as:          
                               A two-story house and accompanying barn⁷                            ,
 situated in       Klemm⁸         County, State of            Kansas⁹                    , and
 containing       500¹⁰     acres, more or less.

            TERM:

            This agreement commences on   December 3rd               , 2001¹¹, and shall
 run to and expire on             December 31st, 2004¹².

            RENT:

            The tenant shall pay the landlord rent in the amount of $  25,000¹³, payable as
 follows:         $12,500 on April 1st and the remaining on November 1st¹⁴  ; or, in
 the alternative, the tenant shall pay the landlord as rent    50%¹⁵  of crops or proceeds
 grown on the premises.

            USE OF PREMISES:

            The tenant shall use the premises for farming or agricultural purposes. The tenant
 shall prepare and plant any crops in a timely fashion.  The tenant shall only be entitled to
 pasture or plow those portions of the premises as designated by the landlord.  The tenant

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 1994 - 2014 by LAWCHEK, LTD.

FARM LEASE FORM cont'd.

agrees to farm the premises in a good and husbandman-like manner, and to seek to obtain the best crop production that the soil and crop season will allow.  Harvest of any crops planted on the premises shall be done in a timely fashion. If the tenant fails to do so, the landlord reserves the right, by himself or designated agents, to enter upon the premises and properly care for and harvest all growing crops, charging the cost of care and harvest to the tenant, as part of the rent.

            CARE AND MAINTENANCE:

            The tenant shall care for and maintain the premises including controlling soil erosion through the maintenance of existing water courses, waterways, ditches, drainage areas, terraces and tile drains, and the tenant shall abstain from any practice which will cause damage to the premises. The tenant shall not remove from the premises, nor burn, any straw, stalks, stubble, or other similar plant materials, all of which are recognized as property of the landlord.  The tenant, however, may use such materials upon the premises for the farming operations.

            TERMINATION OF LEASE:

            This lease shall automatically renew upon expiration from year to year, upon the same terms and conditions as expressed herein, unless either party gives due and timely written notice to the other of an election not to renew the lease.  All notices of termination of this lease shall be as provided by law. Upon proper notification of termination of this lease, the tenant shall relinquish possession of the premises to the landlord.  In the event that the tenant fails to do so, the tenant shall pay to the landlord $     50¹⁶       per day as liquidated damages until possession is delivered to the landlord.  At the time of termination of this lease, the tenant shall deliver the premises to the landlord in good order and condition and in substantially the same condition as it was received by the tenant at the commencement of this lease, except for excusable or insurable loss by fire, unavoidable accidents, and ordinary wear and tear.

            LABOR AND MATERIAL:

            The landlord and tenant agree that the parties shall supply the following labor and material to the premises for purposes of farming or agricultural operations as follows:

                                                                                    % Landlord      % Tenant

            Planting Operations                                                  100                 ---   ¹⁷
            Combining and shelling operations                             50                 50  
            Commercial fertilizer                                                 100                 ---  

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 1994 - 2014 by LAWCHEK, LTD.

FARM LEASE FORM cont'd.

            Lime and trace material                                           100                 ---  
            Weed control chemicals                                          100                 ---  
            Pest control chemicals                                            100                 ---  
            Weed spraying, weed or pest                                  100                 ---  
            Machinery and equipment                                        ---                 100 
            Cleaned seed                                                          100                 ---  
            Other                                                                        ---                  ---  

            In the event that the lease is not renewed and the tenant has not received the full
 allocated benefits, the tenant shall be reimbursed by the landlord to the extent that the
 tenant has not received the full benefit. (Certain federal and state laws may apply to the
 use of chemicals, etc.  Proper authorities must be consulted.)

            LANDLORD’S RIGHT OF ENTRY AND INSPECTION:

            The landlord may enter upon the premises at any reasonable time for the purpose of
 performing agreed services, inspecting the premises, making repairs, or for other reasonable
 purposes.  Upon termination of this lease, the landlord may enter upon and plow the
 premises after the tenant has completed harvesting of crops.

            DEFAULT:

            If the landlord or tenant violates the terms of this lease, the other party shall have
 the right to pursue all legal and equitable remedies available by law.  The tenant’s failure to
 pay any rent when due shall cause all unpaid rent to become immediately due and payable,
 without notice or demand by the landlord.

            RESERVATION OF CRIB AND GRANARY SPACE:

            The landlord reserves    20%¹⁸  of all crib and granary space for storage of the rent
 share crops.

            LANDLORD’S LIEN AND SECURITY INTEREST:

            The tenant agrees, as an element of this lease, to waive and relinquish any rights of
 exemption to any of the tenant’s personal property located on the premises from sale or
 seizure under distress or execution on property held at the time of the execution of this
 lease or thereafter acquired as the tenant’s exemption applies to any claim of the landlord
 against the tenant resulting from any violation of any term of this lease.  The tenant grants

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 1994 - 2014 by LAWCHEK, LTD.

FARM LEASE FORM cont'd.

 to the landlord, in addition to any existing statutory liens, a security interest as provided in
 the Commercial Code of the State of              Kansas¹⁹             and a contractual lien on all
 of the tenant’s exempt and nonexempt personal property kept or used on the premises
 including, but not limited to, crops growing or grown on the premises, as security for all
 sums due or which will become due from the tenant to the landlord. At the landlord’s
 request, the tenant shall provide the landlord with a list of potential buyers of the crops
 grown on the premises and shall sign financing statements prepared by the landlord to
 perfect the landlord’s liens and security interest.  If a potential buyer is requested by the
 landlord, the tenant shall not sell any crop grown on the premises to any other buyer.

           BUILDINGS AND FIXTURES:

            The tenant agrees to maintain hedges and fences in good and proper repair. The
 landlord agrees to furnish the necessary materials for repairs that the landlord deems
 necessary, and shall furnish the material within a reasonable time after being notified of the
 need for repairs. The tenant agrees to haul the materials to the repair site without charge to
 the landlord.  The tenant agrees to maintain all well, windmill and water systems on the real
 estate in good repair at the tenant’s expense, excepting such damage as caused by
 windstorm or weather.  The landlord makes no guarantee, either express or implied, relative
 to continuous or adequate supplies of water for the premises.

            IMPROVEMENTS AND ALTERATIONS:

            Any and all buildings, fences, improvements, or other alterations constructed or
 established upon the premises during the term of the lease by the tenant shall constitute
 additional rent and shall become the property of the landlord on expiration or termination of
 this lease.

            AUTHORIZATION FOR EXPENSES:

            The tenant shall not incur any expense for or on account of the landlord without first
 obtaining the landlord’s authorization.  The tenant shall take no action that might cause a
 mechanic’s lien to be established or imposed upon the premises.

            GOVERNMENT PROGRAMS:

            The landlord shall determine whether the premises shall participate in any offered
 program by the United States Department of Agriculture for crop production control or soil
 conservation.  In the event the landlord elects to participate in such programs, payments
 from such participation shall be divided as      70%²⁰   for landlord and       30%²¹   for
 tenant.

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 1994 - 2014 by LAWCHEK, LTD.

FARM LEASE FORM cont'd.

            DIVIDING AND ACCOUNTING:

            The method used for dividing and accounting for the harvested grain shall be the
 customary and usual method used in the location in which the premises is located.

            CHANGE IN LEASE TERMS:

            This lease shall not be altered or modified except in writing and signed by both
 parties as an addendum to this lease.

            DELAY IN GIVING POSSESSION:

            If the landlord does not deliver possession of the premises to the tenant within
 fifteen (15) days of commencement of this lease, the landlord or the tenant may
 terminate this lease by giving the other party notice in writing.

            ATTORNEY FEES AND COURT COSTS:

            If the landlord or tenant files suit to enforce any terms of this lease, the prevailing
 party shall be entitled to recover court costs and reasonable attorney fees.

            ASSIGNMENT AND SUBLETTING:

            The tenant shall not assign the tenant’s interest in this lease or the premises without
 first obtaining the consent of the landlord.

            CONSTRUCTION:

            Words and phrases contained herein, including the acknowledgment, are to be
 construed as in the singular or plural and in the appropriate gender according to their
 context.  This lease agreement shall be interpreted and construed according to the laws of
 the State of                    Kansas²²               .  Any legal proceeding instituted to enforce
 provisions of this lease shall be maintained in       Klemm²³                  County in the
 State of        Kansas²⁴           .

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 1994 - 2014 by LAWCHEK, LTD.

FARM LEASE FORM cont'd.

            NOTICES:

            Any notice given pursuant to this lease shall be made in writing and delivered in
 person, or be mailed in U.S. mail, registered mail, return receipt requested, to the recipient’s
 last known address.  The notice provisions of this section shall not apply to notice required
 to be given by state law in a specific or particular matter.

            ADDITIONAL PROVISIONS:

            Dated this         1st        of        December        , 2001²⁵.

            ___________________________²⁶            ___________________________²⁷
            TENANT                                                  LANDLORD

            ___________________________²⁸            ___________________________²⁹
            WITNESS                                                WITNESS

Attach Acknowledgment if necessary.

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 1994 - 2014 by LAWCHEK, LTD.

1. The full name of the landlord.
2. The full, current address of the landlord.
3. The current telephone number of the landlord.
4. The full name of the tenant.
5. The full, current address of the tenant.
6. The current telephone number of the tenant.
7. The legal description of the property to be leased.
8. The county in which the property is located.
9. The state in which the property is located.
10. The amount of acreage of the leased property.
11. The date on which the agreement is to take effect.
12. The date on which the agreement is to terminate.
13. The total rent due to the landlord.
14. The method of payment.
15. The percentage of the crops to be given to the landlord in the form of a payment.
16. The daily amount paid by the tenant to the landlord if s/he stays longer than agreed.
17. The percentage of shares between the landlord and the tenant for farming the land.
18. The percentage of storage left to the landlord.
19. The state in which the property is located.
20. The percentage of payment received by the landlord for participation in programs
    sponsored by the Department of Agriculture.
21. The percentage of payment received by the tenant for participation in programs
    sponsored by the Department of Agriculture.
22. The state in which the property is located.
23. The county in which the property is located.
24. The state in which the property is located.
25. The date on which the document is signed.
26. The signature of the tenant.
27. The signature of the landlord.
28. The signature of the first witness.
29. The signature of the second witness.