Crop Share (Livestock Encouraged).
This agreement, made........, 19.., between..........
.....of.........., lessor, and..............., of..........
Witnbsseth, that the said lessor has leased to said lessee his farm of........acres situated and described as follows.......
for the purpose of farming, subject to the conditions hereinafter set forth.
1. Period and Renewal. This lease is for a one-year period beginning........., 19.., but becomes automatically renewed from year to year until terminated by mutual consent, by failure of either party to keep the covenants of this agreement, or by written notice six months previous to any..........of its termination on that date.
2. What Each Party Shall Furnish. The lessee shall furnish labor, work horses, machinery, seed (except clover and grass seed, half of which shall be furnished by each party), twine, machine and fuel expense for threshing, hulling, shredding, silo filling and baling. The lessor shall pay for limestone used and the lessee shall haul and distribute this lime free of charge to the lessor.
Fertilizer shall be furnished by the lessor and lessee in the proportion in which they share in the crops on which such material is applied as hereinafter provided.
8. Crops and Seed Treatment. The crops to be grown and the soil treatment to be given on each field of the farm during the continuance of this lease shall be such as are mutually agreed on except that the lessee hereby agrees to sow each year between........and........acres to clover, or to a mixture of clover and timothy in which there is at least........parts of clover to........parts of timothy. In case this seeding of clover or clover and timothy does not result in a stand worth leaving for hay the lessee shall sow to cow peas, soy beans, or other legume satisfactory to the lessor, the land on which said clover failed. The seed for such crop shall be furnished one-half by each party. Not over........acres shall be in pasture or hay any one year.
4. Division of Crops. The crops raised shall be divided as follows: Each party shall receive one-half of all wheat, oats, rye, barley, corn, clover seed, or soy bean seed. If any tomatoes or potatoes are grown except in the garden plot the lessor shall receive one-third and the lessee two-thirds of such crops.
The lessee shall receive for feed for his livestock including horses, such hay raised on the farm as is needed for good results with such livestock, but shall not waste such hay by bedding or excessive feeding. If not enough livestock is kept to consume economically all the hay the remainder shall be sold and the proceeds shared equally.
Inasmuch as the lessee shall have been at no expense in connection with putting in clover in the........acre field in clover, the first year he shall pay the lessor $........per acre for every acre of clover cut for hay in......... This hay shall then be divided as provided above.
5. Pasture. The lessee shall pay the lessor $........per acre for all pasture land on which no hay crop, grain crop or cultivated crop is grown during any one year. He may without charge, pasture aftergrowths as is customary in good husbandry, but he shall not let his stock run on fields when the pasturing or trampling will pack or in other ways injure said fields or crops. The lessee shall not pasture hay land previous to the first cutting in any year.
6. Straw and Manure. No straw, corn fodder or manure shall be sold from the farm, nor shall any straw piles be burned. The lessee agrees to protect all manure from leaching and trampling as far as is practical with the facilities on the farm, and to haul this manure to such fields and at such times as will be most beneficial to crops and land.
7. House, Garden. The lessee shall have the house, and a truck patch, the latter not to exceed........for the use of his family. He agrees to keep the premises in neat and tidy condition, and to protect all vines, shrubs, and shade trees from injury.
8. Fuel for Use on the Farm. The lessee shall have the down and dead timber for fuel, but shall not use for fuel any logs suitable for saw timber, or any sawn timber or rails, nor shall he cut down live trees.
9. Building Repairs and Fence Repairs. The lessor agrees to furnish the necessary material and the lessee agrees to do the necessary work to keep buildings and fences in good repair, except in case of extensive repairs necessary to buildings to replace them in whole or in part following damage by elements or by unavoidable accident, or to remodel in such way as to be in reality a permanent improvement to the farm, in which case the lessor shall pay for the work necessary in making such repairs. Hired help for this purpose shall be boarded by the lessee at a charge of........per meal.
10. Hauling - Purchase of Lessor}s Share of Crop. The lessee agrees to haul to the farm any material needed for repair of fences of buildings and to do all the necessary hauling about the place free of charge. He shall care for and deliver to the nearest market the lessor's share of crops, provided that the lessee has the privilege of purchasing the lessor's share of corn and small grain for feeding on the farm at five per cent less than the market price at the time the lessor wishes to market. The lessee agrees that if he purchases any crop from the lessor his own share of said crop as well as the share purchased from the lessor shall be used on said farm for feed or seed, or he shall pay the lessor the value of the reduction in price from which he benefited on the amount of crop sold.
11. Weeds, Tile. The lessee agrees to keep weeds and briers cut on the farm, to keep tile outlets open and to replace broken tile, the lessor furnishing the material.
12. Orchard. The lessor agrees to furnish the sprayer and the poison for spraying the fruit trees and the lessee to perform all the labor of spraying and pruning the trees. The lessee shall be allowed fruit for family use on this farm only, the proceeds from the sale of the remainder to be shared equally. The lessee agrees to protect the trees from damage by stock.
13. Assignment and Subletting. This lease shall not be reassigned by the lessee, nor shall he sublet any part of the farm without the lessor's written consent.
14 Enforcement of Performance of Agreement. If the lessee shall fail to perform any labor or fail to take care of the farm as provided in any of the covenants of this lease, the lessor may hire others to perform such labor or repair the damage due to such neglect, and charge the cost of such labor or the amount of such damage, or both, to the lessee.
If the failure is sufficient to cause or threaten serious injury to crops or farm, the lessor shall have the right to re-enter and take full possession of the farm, and the lessee shall peaceably vacate the premises. The differences between the parties shall be referred to a board of three arbitrators, one to be chosen by each party and the third by these two. The decision of these three shall be binding upon the parties to this contract.
15. Lessee to be Reimbursed for Limestone, Fertilizer, etc. In case of the termination of this lease before the lessee shall have secured the just benefits from any expense he may have in good faith put upon the farm, the lessor shall reimburse him to the amount such expense would benefit an incoming tenant.
If raw rock phosphate or ground limestone has been applied during this lease, the lessee shall be reimbursed by the lessor for his share of such limestone or rock phosphate still in the ground as follows: if only one crop has been grown since the application the lessee shall receive three-fourths of his total expenditures for such material applied, including the cost of handling the whole application; if two years' crops have been grown he shall receive one-half, and if three years' crops have been grown, one-fourth of said cost. The cost of hauling shall be considered ........per ton. No reimbursement shall be made for limestone or rock phosphate after four years' crops have been grown.
If acid phosphate, complete fertilizer, or other readily available fertilizer has been applied at the rate of three hundred pounds or less per acre, and one crop has been grown since its application, no reimbursement shall be made to the lessee for his share of such fertilizer, but if such fertilizer has been applied at the rate of more than three hundred pounds per acre and only one year's crop grown since the application, the lessor shall reimburse the lessee for fifty per cent of the lessee's share of the cash cost of such fertilizer in excess of three hundred pounds.
For applying barnyard manure, the lessee shall be reimbursed in full for a reasonable cost of applying (not including value of manure) in case he leaves the farm before a crop is grown on such manured land; in case one crop has been grown he shall receive one-half, and in case two crops have been grown he shall receive one-fourth, of the cost of applying such manure.
The lessee shall be reimbursed for any large amount of work or large expense put on buildings, fences, or other improvements, when failure to receive same would be a manifest injustice to said lessee.
From the reimbursement as determined above shall be subtracted $.........which is agreed as the value, figured according to the above rules of one-half of the fertilizer and lime unused in the soil, and of the cost of applying such material and applying manure still unutilized in the soil at the time the lessee takes possession of the farm. If this amount is greater than the amount the lessor should reimburse the lessee as determined above in this section, the two amounts shall be considered as balancing each other and no reimbursement shall be made.
The lessee shall present in writing his claim for all reimbursement upon the termination of this lease, and if no agreement can be reached, the matter shall be submitted to three disinterested parties chosen as provided in section 16 of this lease. The decision of these arbitrators shall be final and binding upon the two parties to this contract.
........during the continuance of this lease and shall keep accurate accounts of all transactions pertaining to the farm business, using for this purpose, and for the inventories above mentioned, the Purdue Farm Record Book, unless he prefers some other system approved by the lessor.
Such inventories and accounts shall at all times be accessible to the lessor.
In witness whereof the lessor and lessee have hereinto set their hands....... .19...