Fill and Sign the Lease of Land for Pasturage and Grazing of Cattle Form

Lease of Land for Pasturage and Grazing of Cattle Lease agreement made effective as of the _________________________ (date) , between ___________________________ (Name of Lessor) of ________________________ ____________________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Lessor, and _________________________ (Name of Lessee) , of _________________________________ ____________________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Lessee . Whereas, Lessee has certain cattle for which Lessee desires to have certain grazing and pasturage rights; and Whereas, Lessor has certain land that would be appropriate for the grazing and pasturage of Lessee's cattle; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Property and Term A. Lessor hereby leases to Lessee the Premises of Lessor located at _________ _____________________________________________________________________ ______________________ (street address, city, county, state, zip code) , hereinafter called Premises, and more particularly described as follows: (Legal description) ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ B. The term of this Lease shall be from __________________________ (date) to _________________________ (date) , and subsequently from year to year unless written notice to terminate is given by either party to the other, at least ______ (number) months prior to the beginning of the succeeding lease year. 2. Rental A . Lessee shall pay rental to Lessor commencing ___________________________ (date) , at the rate of ______________ ( dollar amount) per year, payable in equal (e.g., monthly) _______ installments on or before the ______ day of each month, in advance, during the entire term of this Lease Agreement, at ______________________________ ______________________________________________________________________ (street address, city, county, state, zip code) , or to such other address as Lessor shall specify in writing to Lessee. B. For years subsequent to the initial Term, the amount of rent payable will be increase based on the cost-of-living index published by the Bureau of Labor Statistics of the United States Department of Labor, using the period _______________________ (date of beginning of base period) to _________________________ (date of end of base period) as the base period. The rental for years subsequent to the initial year of this Lease shall be computed by dividing $_________________ (dollar amount of annual rent for initial year of lease) , which is the amount of rent for the initial year of the lease, by the index number for _________________________ (month and year) , which is the first month of the initial year of this Lease, and then multiplying that amount by the index number for the month immediately preceding the initial month of each subsequent year of this Lease. 3. Use of Land A. The Premises shall be used by Lessee solely and exclusively for the pasturage and grazing of cattle . B. At no time shall the number of cattle pastured exceed ____________ (number) . C. Lessee shall not permit others to use the Premises for pasturage, nor permit Lessee's cattle to graze or run at large over lands belonging to Lessor not under lease to Lessee. D. Lessee shall keep livestock out of the fields when the soil is soft, and protect sod crops, especially new seedlings, from close grazing that might impair the following year's crop. 4. Construction of Structures Lessee shall not build structures of any character upon the Premises without the prior, express, and written consent of Lessor, except as provided in Section Six of this Lease Agreement. 5. Removal of Fences or Trees Lessee shall not remove any trees or remove or relocate any fences that are on the Premises at the commencement of this Lease without the prior, express, and written consent of Lessor. 6. Building of Fences A. Lessee shall, at his own expense, build fences and gates that are sound, stockproof, and in compliance with all applicable laws, enclosing the Premises, and shall keep such fences and gates in good repair to the satisfaction of Lessor. B. At the termination of this Lease Agreement, Lessee (i.e., shall or shall not) _________________ remove such fences built by Lessee. 7. Labor and Materials Lessee shall fully pay for all materials joined or affixed to the Premises pursuant to this Lease and pay in full all persons who perform labor on the Premises, and will not permit or suffer any mechanics' liens or material suppliers' liens of any kind or nature to be enforced against the Premises for any work done or materials furnished on the Premises at Lessee's instance or request. 8. Non-liability of Lessor for Damages for Damage or Injury; Hold Harmless Clause. Lessor shall not be responsible for damages to property or injuries to persons that may arise from or be incident to the use and occupation of the Premises , or for damages to the property or injuries to the person of Lessee . Lessee shall hold Lessor harmless from any and all claims. 9. Restrictions on Exploitation of Property A. Lessee shall not cut timber, conduct mining or drilling operations, remove sand, gravel or associated substances from the ground, or commit waste of any kind. B. Lessee shall not in any manner substantially change the contour or condition of the property except for changes required in carrying out soil and water conservation methods and measures. C. No hunting shall be allowed on the Premises. D. No brush eradication such as herbicidal or pesticide spraying nor destruction of trees shall be allowed. E. This Lease is made subject to any and all applicable zoning ordinances, and any and all recorded building restrictions, restrictive covenants, rights-of-way, easements and mineral reservations applicable to the Premises. 10. Reservation of Right of Entry Lessor , his agents and employees, reserve the right to enter the Premises at any time and for any purpose necessary or convenient. Lessee shall provide Lessor with the necessary gate keys, if any. 11. Default A. If any rent is due and remains unpaid for ________ (number of days) days after receipt of notice from Lessor , or if Lessee breaches any of the other covenants of this Lease and such other breach continues for _______ (number of days) days after receipt of notice from Lessor , Lessor shall have the right to sue for rent and other charges due from time to time under the terms of this Lease, or the right to, reenter the Premises with or without termination as provided herein. B. If Lessee shall pay said rent within said _________ (number of days) days along with a _______% penalty, or cure such other breach within such ________ (number of days) days, or if such breach is not susceptible of cure within ________ (number of days) days in good faith within said _________ (number of days) days commence to correct such other breach, and diligently proceed therewith to completion, then Lessee shall not be considered in default. C. In the event that Lessee shall be considered in default, after notice and an opportunity to cure as herein provided, in any obligation of Lessee under this Lease which under then applicable ___________________ (name of state) law would permit Lessor to terminate this Lease, then and in such event Lessor may either terminate this Lease or instead Lessor may elect, without terminating this Lease, to reenter the Leased Premises by process of law and relet the same for such term and such rentals as Lessor shall in the exercise of its best efforts be able to obtain at the time of such reletting. Upon such reletting by Lessor , the rents and all other sums received by Lessor from such reletting shall be applied as follows: i. First, to the payment of the reasonable costs and expenses of such reletting (including reasonable brokers commissions that Lessor may incur in connection with such reletting pertaining to or calculated on) only the period between the commencement of the lease term of the replacement Lessee and prior to the last day of the ___________ (ordinal number) full calendar month of the Term; ii. Second, to the payment of rent and other by charges due hereunder from Lessee to Lessor ; and the residue, if any, shall be held by Lessor and applied in the payment of future rent and other charges as the same may become due and payable hereunder. D. If the rents and other sums received from such reletting during any month are less than the rents and other sums to be paid during that month by Lessee hereunder, Lessee shall pay any such deficiency to Lessor . Such deficiency shall be calculated and paid monthly. E. If Lessor elects to repossess the Premises without terminating this Lease, as herein provided, Lessor shall use commercially reasonable efforts to relet the Lease Premises as above-stated and shall be obligated to take all steps necessary to mitigate its damages. In the event Lessor reenters the Premises without terminating the Lease as herein provided, then this Lease shall be deemed terminated at the next available termination date set forth herein; at which time Lessee shall be released of all further unaccrued liability under this Lease. F. The foregoing remedies of Lessor shall be exclusive and are in lieu of any other remedies to which Lessor may now or hereafter be entitled to at law; provided however that Lessor shall in the event of a default by Lessee , after notice and opportunity to cure as herein set forth, be entitled to pursue any equitable remedies to which Lessor may be entitled. 10. Surrender of Premises Lessee shall, at the termination of this Lease Agreement, vacate the Premises, leaving them in the same condition they were in at the time of his entry on such Premises under this Agreement, except for reasonable use and wear, acts of God, or damage by causes beyond the control of Lessee, and upon vacating shall leave the Premises free and clear of all significant rubbish and debris. 11. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 12. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _________________. 13. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 14. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 15. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 16. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 17. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 18. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 19. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. ___________________________ ___________________________ ___________________________ ___________________________ (Name & Signature of Lessor) (Name & Signature of Lessee) STATE OF __________________ COUNTY OF ___________________ Personally appeared before me, the undersigned authority in and for said County and State, on this ________________________ (date), within my jurisdiction, within my jurisdiction, the within - named ___________________________ (Name of Lessor) , who acknowledged that he executed the above and foregoing instrument. ____________________________ NOTARY PUBLIC My Commission Expires: ______________________ STATE OF ____________________ COUNTY OF _____________________ Personally appeared before me, the undersigned authority in and for said County and State, on this _______________________ (date), within my jurisdiction, within my jurisdiction, the within - named _____________________________ (Name of Lessee) , who acknowledged that he executed the above and foregoing instrument. ____________________________ NOTARY PUBLIC My Commission Expires: ______________________ (Form of acknowledgement/oath will vary from state to state)