DOC1880795792.pdf
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- CN NE|CW38939
- Contract number
- CW38939
- Issued by
- Nebraska
About this file
This document is a University of Nebraska farm equipment rental agreement between the Board of Regents of the University of Nebraska-Lincoln (Lessee), specifically the US Meat Animal Research Center (USMARC), and Landmark Implement, Inc. (Lessor), located in Fairfield, Nebraska. The contract is for the 2026 row crop cropping season and was processed through the University of Nebraska's Procure-to-Pay system with the internal contract number CW38703.
The agreement involves renting five specific pieces of John Deere agricultural equipment for a total annual rental charge of $140,100, payable by December 31, 2025. The equipment includes a 1775NT 24-row planter ($48,000), S770 combine ($44,800), 8R410 tractor ($35,000), RD30F HydraFlex draper head ($6,150), and C12R corn head ($6,150). The rental term is from January 1, 2026 to December 31, 2026, with specified maximum usage limits: 3,200 acres for the planter, 700 hours for the combine (350 separator hours), and 300 hours for the tractor. The equipment will be used at the USMARC facility in Clay Center, Nebraska, and Landmark Implement will be responsible for equipment delivery and pickup.
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Procure-to-Pay 3835 Holdrege Street | Lincoln, NE 68583-0742 | 402.472.2126 nebraska.edu/p2p
INTERNAL USE ONLY
CW38703
University of Nebraska Contract Summary
CONTRACTOR/COMPANY INFORMATION
Supplier Landmark Contact Jeff Mach Souring Agent Buffy Meyer Email jeffmach@landmarkimp.com
REQUESTING DEPARTMENT
Participating Campuses UNL Administrative Unit/Dept. US Meat Animal Research Center (USMARC) Department Contact Janet Hatchel Department Email jhachtel@nebraska.edu
CONTRACT DESCRIPTION/INFORMATION
Contract Summary (brief description and/ or event name)
Contract Document Document Amt Total Amt Start Date End Date Notes
Master Agreement $140,100.00 $140,100.00 1/1/2026 12/31/2026 1 Yr
COMPETITION/BID INFORMATION
Bid Number NCPD Approved Competition NA Contract Information NA
This is a one-year rental agreement of farm equipment used for row crops, which includes planting and harvesting. In order to reserve equipment, Lessor requires full payment of lease by 12/31/25 for 2026 Rental Agreement. USMARC is accepting all responsibility of paying 100% in advance for items.
mailto:jeffmach@landmarkimp.com
Date \DC1\
RENTAL AGREEMENT
Rental # 11274670
Original
Name LESSEE THE BOARD OF REGENTS OF THE
UNIVERSITY OF NEBRASKA-ON BEHALF OF THE UNIVERSITY OF NEBRASKA LINCOLN
DATE Sep 08, 2025 RENTAL TERM BEGINS Jan 01, 2026 ENDS Dec 31, 2026
Street or RFD 844 RD 313
Purchaser Acct No Customer P.O. NO. ACCOUNT NO.
061114
Government Bid No.
City, ST Zip Code CLAY CENTER, NE 68933
LESSOR NAME AND ADDRESS
LANDMARK IMPLEMENT, INC.
Telephone Number 402-469-3154 1131 East Hwy 74
Contact DANNY TRAUSCH Fairfield, NE 68938
Percentage of Rental Payments Applied to
Purchase Option: 0.00 %
Security Deposit $ 0.00
Maximum Hours No More Than : Per Day
Maximum Hours No More Than : Per Week
Maximum Hours No More Than : Per Month
= Estimated Rental Charge (Rental Rate x Estimated Rental Period) $ 140,100.00
+ Itemized Fees $ 0.00
+ Taxes $ 0.00
+ Service Charge $ 0.00
+ Additional Charges $ 0.00
= Additional Charges Subtotal. $ 0.00
Total Rental Charge $ 140,100.00
Notes Maximum acres or Hours: 1775NT 3200 acres, S7 700 hours 350 sep hours, C12R 1 season, RD30F 1 season, 8R 410 300 hours.
EQUIPMENT WILL BE USED AT: (Name) (Address)
Lessee will not remove the Equipment from US Meat Animal Research Facility
844 Rd 313 this Location without written permission from Lessor.
(City) State/Province (ZIP Code) County (Phone Number) Clay Center NE 68933 CLAY 402-469-3154
Doc Ref No. Qty Model Size & Description of Equipment (Give Product Identification No.)
Hour Meter Reading
Min. Rental Guaranteed By Lessee
Present Value %
JOHN DEERE 1775NT Planter - 24R30 Stock #
1 1775NT-24R30 ( ) $ 48,000.00 $ 523,701 00 0.00
Rental Rate Per Year 1.00 Est. Rental Period
48,00 0.00
JOHN DEERE S7 700 Combine Stock #
1 S770 STS ( ) $ 44,800.00 $ 844,279 00 0.00
Rental Rate Per Year 1.00 Est. Rental Period
44,80 0.00
JOHN DEERE CR 12 Corn Head Stock #
1 C12R CORN
HEAD
( ) $ 6,150.00 $ 187,839 00 0.00
Rental Rate Per Year 1.00 Est. Rental Period
6,150 .00
JOHN DEERE RDF 30 HydraFlex Draper Stock #
1 RD30F FLEX
DRAPER
( ) $ 6,150.00 $ 155,232 00 0.00
Rental Rate Per Year 1.00 Est. Rental Period
6,150 .00
JOHN DEERE 8R 410 Stock #
1 8R410 ( ) $ 35,000.00 $ 35,000 00 0.00
Rental Rate Per Year 1.00 Est. Rental Period
35,00 0.00
Primary Insurance Name and Address USMARC - self-insured
Additional Insured Name and Address $ 1,746,051
TOTAL
PRESENT
VALUE
ROW CROP RENTAL AGREEMENT
Page 2 of 5 Customer's Initials \IN1\
Insurance Loss Payee Name and Address LANDMARK IMPLEMENT, INC.
1131 East Hwy 74 Fairfield, NE US
PURCHASER TYPE MARKET USE
3 State/Province 13 Livestock/Feedlot/Dairy
LESSOR(Dealer)LESSEE(Customer)
THE BOARD OF REGENTS OF THE
UNIVERSITY OF NEBRASKA ON BEHALF
OF THE UNIVERSITY OF NEBRASKA-
LINCOLN
MACH,JEFF J
\C2\
BY
\SP1\
THIS RENTAL AGREEMENT IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET OUT ON THE FOLLOWING PAGES
HERE HEREOF, ALL OF WHICH ARE HEREBY MADE A PART OF THIS RENTAL AGREEMENT.
11/25/25 | 14:48 CST
11/25/25 | 16:10 CST
Quote Id : 33412306 Rental # : 11274670 Customer Name : BOARD OF REGENTS OF THE
UNIVERSITY OF NEBRASKA-LINCOLN
Page 3 of 5 Customer's Initials \IN1\ Date \DC1\
RENTAL AGREEMENT
1. General. The above-named Lessor hereby leases to the above named Lessee the equipment listed herein (“Equipment”) for the term and with the rental payments set out above. Rental payments shall be made to Lessor at the address shown above or to such other person and address as Lessor may direct from time to time. Lessee will pay the cost of transporting the Equipment from Lessor’s place of business and returning it thereto. Such transportation shall take place during the term hereof. Lessee agrees to remit to Lessor the rental payments and all other amounts when due and payable, even if Lessor does not send Lessee a bill or an invoice. Lessee agrees that any amount due under this Rental Agreement, may, if specified above, at the option of the Lessor, be submitted by Lessor as a charge authorized by Lessee to the PowerPlan or Farm Plan account of Lessee, and Lessee agrees that the terms of that account shall thereafter apply to any accepted charges.
For any payment which is not received by its due date, Lessee agrees to pay a late charge equal to 5% of the past due amount (not to exceed the maximum amount permitted by law)as reasonable collection costs, plus interest from the due date until paid at a rate of 1.5% per month, but in no event more than the maximum lawful rate. Restrictive endorsements on checks Lessee sends to Lessor will not change or reduce Lessee's obligations to Lessor. If a payment is returned to Lessor by the bank for any reason, Lessee agrees to pay Lessor a fee of $25.00, or the maximum amount permitted by law, whichever is less.
Rental payments and other payments may be applied, at Lessor's discretion, to any obligation Lessee may have to Lessor or its assignee or any affiliate of Lessor or its assignee. If the total of all payments made during the rental term exceeds the total of all amounts due under the Rental Agreement by less than $25, Lessor may retain such excess.
Rental terms and conditions from all invoices, monthly statements, or other agreements between Lessor and Lessee are hereby incorporated into this Rental Agreement.
LESSEE’S PAYMENT OBLIGATIONS ARE ABSOLUTE AND
UNCONDITIONAL, AND ARENOT SUBJECT TO
CANCELLATION, REDUCTION OR SETOFF FORANY REASON
WHATSOEVER.
2. Security Deposit. Any Security Deposit will be held by Lessor in a non-interest bearing account, commingled with other funds. Lessor may apply the Security Deposit to any amounts due under the Rental Agreement and, if Lessor does so, Lessee agrees to promptly remit to Lessor the amount necessary to restore the Security Deposit to the original amount. The Security Deposit will be returned to Lessee within thirty days of termination of the Rental Agreement and final inspection by Lessor, provided Lessee is not in default.
3. Equipment Use. LESSOR HAS NOT MADE, AND DOES NOT
MAKE, ANY REPRESENTATION OR WARRANTY, EXPRESS
OR IMPLIED, AS TO THE EQUIPMENT’S MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR
OTHERWISE. Lessor is the owner of the Equipment and the Lessee has only the right to use the Equipment under the terms of this Rental Agreement. You agree to USE THE EQUIPMENT ONLY
FOR AGRICULTURAL, BUSINESS OR COMMERCIAL PURPOSES
AND NOTFOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. It is contemplated that the Equipment will be operated for not more than the Maximum Hours specified above, and Lessee agrees to pay additional rental prorated at the applicable daily, weekly or monthly rate for each hour the Equipment is used in excess of the Maximum Hours. The additional rent for excess hours shall be paid at the time the Equipment is returned or, if the Equipment is rented for more than thirty days, on the first day of the month following such use. If there is an hour meter furnished,Lessee agrees to keep it connected to the Equipment and in good working condition at all times and it is to be used as the conclusive basis of the number of hours or operation. Lessee agrees to affix and maintain, in a prominent place on the Equipment, any labels, plates or other markings Lessor may provide. Lessee agrees to pay $ 0 if the hour meter is damaged or rendered inoperative during the term of this Rental Agreement. Lessee shall indemnify Lessor against all loss or damage to the Equipment while it is out of Lessor’s possession.
Damage to the Equipment, shall not abate or excuse the making of prescribed rental payments.
Lessee agrees to use and care for the Equipment in a careful and prudent manner, to pay all operation and maintenance expenses while the Equipment is out of the possession of Lessor, and to make, at Lessee’s sole expense, any and all repairs. Lessee agrees (a) to not move the Equipment to another county or state without notifying Lessor within 30 days; (b) to operate and maintain the Equipment in accordance with all (1) laws, ordinances and regulations, (2) manuals and other instructions issued by the manufacturer(s) and supplier(s), and (3) insurance policy terms and requirements; (c) to perform (at Lessee's expense) all maintenance and repairs necessary to keep the Equipment in as good a condition as when delivered to Lessee, reasonable wear excepted; (d) to not install any accessory or device on the Equipment, unless it can be removed without damaging the Equipment or in any way affecting the value, useful life, or originally intended use of the Equipment; (e) to not represent the Equipment as owned by Lessee or to pledge the Equipment as collateral to any lender or other party; (f) to load, unload, transport, and secure for transport, in accordance with all laws; (g) to acquire or purchase all proper permits in compliance with all federal and state traffic law. Uponany expiration or termination of this Rental Agreement, all Equipment shall be returned by Lessee at Lessee's sole expense and in satisfactory condition, along with all use, maintenance and repair records. Equipmentis in satisfactory condition if it is in as good a condition as when the Equipment was delivered it to Lessee, reasonable wear excepted, and conforms to any maintenance standards incorporated into the Rental Agreement. If, upon its return to Lessor, the Equipment is not in such good condition, Lessor may repair it and Lessee will pay the cost of any such repairs at Lessor’s regular shop rates. If Lessee fails to return the Equipment promptly upon any expiration or termination of this Rental Agreement, additional rent shall be payable by Lessee for each day the Lessee remains in possession of the Equipment, in an amount prorated a tone and one-half times the normal rental payment amount. Lessee agrees to keep the Equipment free and clear of liens and encumbrances,except those in Lessor's favor, and promptly notify Lessor if a lien or encumbrance is placed or threatened against the Equipment. The Equipment may be equipped with telematics hardware and software (“Telematics”) that transmit data to Lessor, John Deere, or other John Deere dealers. Lessee agrees that Lessor, John Deere and other John Deere dealers (their affiliates, successors and assigns), without further notice to Lessee have the right to: (i) access, use, collect and disclose any data generated by, collected by, or stored in, the Equipment or any hardware or devices interfacing with the Equipment (“Machine Data”); (ii) access Machine Data directly through data reporting devices integrated within, or attached to, the Equipment, including Telematics (“Data Reporting Systems”); and (iii) update the Data Reporting Systems software from time to time. Machine Data may be transferred out of the country where it is generated, including to the U.S.A. In the event that the Machine Data includes Lessee's personal information, Lessee hereby consents to the collection, use and disclosure of such personal information, to permit Lessor, John Deere and other John Deere dealers to access and use the Machine Data as set forth herein. Lessee warrants that it has obtained any necessary consent from its employees or any other third parties, including with respect to the transfer of Machine Data to other jurisdictions, to comply with any applicable privacy laws or contractual agreements with such employees or third parties and to permit Lessor, John Deere and other John Deere dealers to access and use the Machine Data as set forth herein. Lessee shall not use the Data Reporting Systems to track the location of any person unless Lessee has first obtained any necessary approvals from such person to permit Lessee, Lessor, John Deere and other John Deere dealers to track such location. Lessee shall not remove, modify or disable any Data Reporting Systems without Lessor's prior written consent.
Page 4 of 5 Customer's Initials \IN1\ Date \DC1\
RENTAL AGREEMENT
4. Risk of Loss. Lessee unconditionally assumes all risk and liability for, all damages for injuries or death to person and property arising out of or related (whether directly or indirectly) to the use,rental, possession or transportation of the Equipment including any claims Lessor was negligent, failed to warn Lessee of any risks or dangers associated with use, possession or transportation of the Equipment, failed to assist Lessee load, unload, transport or inspect the Equipment before, during or after the Term of Lease.Lessee’s obligation to insure the Equipment continues until Lessee returns the Equipment to Lessor and Lessoraccepts it. Neither Lessor, its assigns, the wholesale distributor nor the Manufacturer shall be liable for any special, incidental, consequential or punitive damages which may result from any failure or use of the Equipment or for breach of this Agreement. Until the Equipment is returned to Lessor in satisfactory condition, Lessee is responsible for all risk of loss and damage, loss, theft, destruction or seizure of the Equipment. Lessee must promptly notify Lessor of any such event. In the event of any loss or damage to the Equipment, Lessee agrees to promptly repair or replace the Equipment to Lessor’s satisfaction, at Lessee’s sole cost, and the terms of the Rental Agreement will continue to apply throughout the Rental Agreement term.
5. Purchase Option. Upon expiration of the term of the Rental Agreement or at any time during such term, and provided Lessee is not in default, Lessee may elect to purchase the Equipment for the “Total Present Value” shown above (plus applicable taxes, including estimated property taxes) and may apply to such purchase price the percentage specified above of all rentals therefore paid. Such election shall be evidenced by execution of a purchase order form supplied by Lessor, together with payment of the remainder of the purchase price in cash or settlement for the Equipment in some other manner agreed to in writing by the parties. Lessor has not made and does not warrant, represent, or otherwise make any promises related to financing the purchase price of the Equipment. Lessee is solely responsible for securing the purchase price of the Equipment. Upon receipt of the remainder of the purchase price, we will transfer to you all of our right, title and interest in the purchased equipment AS-IS, WHEREIS, WITHOUT ANY REPRESENTATION OR WARRANTY
WHATSOEVER. The terms of the Rental Agreement continue prior to any final transfer of Lessor’s right, title and interest in the purchased Equipment including Lessee’s agreement to make timely rental payments.
6. Indemnification. Lessee shall be solely responsible for all losses, damages, injuries, death , suits, actions, claims, attorneys’ fees and costs, (“Claims”), incurred or asserted by any person, in any manner related to the Equipment or the use, rental, possession or transportation thereof including any Claims Lessor was negligent.
Lessee agrees to protect, defend and indemnify and hold Lessor harmless, from and against all Claims of any kind or nature whatsoever, although Lessor reserves the right to control the defense and to select or approve defense counsel. Lessee will promptly notify Lessor of all Claims made. Lessee’s liability under this Section is not limited to the amounts of insurance required under this Rental Agreement. This indemnity commences upon the Rental Term Begins on Date of this Rental Agreement and continues beyond the termination of this Rental Agreement, for acts or omissions, which occurred during the Rental Agreement term.Lessee waives all rights and remedies conferred upon a lessee under Article 2A of the Uniform Commercial Code.
7. Addition of Accessories: Lessee will not, without the express written consent of Lessor, install any accessories or devices on the Equipment if such installation will impair the originally intended function or use of the Equipment. All accessories or devices affixed to the Equipment shall automatically become the property of Lessor unless such accessory device can be removed without in any way (a) diminishing the value of the Equipment, or (b) affecting the originally intended function or use of the Equipment. Any damage to the Equipment caused by the removal of such accessories or devices shall be promptly repaired at Lessee’s sole expense to the satisfaction of the Lessor.
8. Compliance with Regulations: Lessee shall comply with and conform to all laws and regulations relating to ownership, possession, use, transportation and maintenance of the Equipment. If applicable law requires tax returns or reports to be filed by Lessee, Lessee agrees to promptly file such tax returns and reports and deliver copies to Lessor. Lessee agrees to keep and make available to Lessor all tax returns and reports for taxes paid by Lessee. If applicable, Lessee shall include the Equipment in its rental fleet for emissions reporting purposes and shall accurately prepare and file all such reports in a timely manner.
9. Inspection: Lessee shall, whenever requested, advise Lessor of the exact location of the Equipment. Lessor and its representatives may, for the purpose of inspection, at all reasonable times, enter upon any job, building or place where the Equipment is located.
10. Assignment: Lessor may, without notice to Lessee, assign this Rental Agreement and all of Lessor’s rights in and to the Equipment and all rents due or to become due to Lessor hereunder. Lessee’s obligation to pay rent under this Rental Agreement shall not as to any such assignee be subject to any diminution arising out of any breach of any obligation hereunder or other liability of Lessor to Lessee. Lessee may not assign this Rental Agreement, sub-lease or allow anyone other than Lessee’s employees to use the Equipment. Lessee agrees not to assert against Lessor's assignee any claims, offsets or defenses which Lessee may have against Lessor.
11. Default: If (a) Lessee shall (1) fail to make rental, service, or other payment when due, (2) attempt to sell or encumber the equipment, (3) cease operating, (4) institute or have instituted against him proceedings under any bankruptcy or insolvency law,
(5) make an assignment for the benefit of creditors, (6) fail to comply with any other provisions of this Rental Agreement, (7) merge with or consolidate into another entity; (8) sell substantially all its assets; (9) dissolve or terminate its existence; (10) use the Equipment in a manner Lessor deems is improper or unreasonable; or (11) Lessee (if an individual) dies, or if, (b) any attachment, execution, writ of process is levied against the Equipment or any of Lessee’s property, or if (c) a default occurs under any other agreement between Lessee (or any of Lessee's affiliates) and Lessor (or any of Lessor's affiliates); or if (d) for any reason Lessor deems itself insecure or the Equipment unsafe; or if
(e) Lessor, in its opinion, deems Lessee’s financial condition unsatisfactory lessor may determine that Lessee is in default (An “Event of Default”).
Page 5 of 5 Customer's Initials \IN1\ Date \DC1\
RENTAL AGREEMENT
12. Remedies: Upon the occurrence of an Event of Default, Lessee shall (a) deliver the Equipment to Lessor on demand and Lessor may enter upon any job, building or place where the Equipment is located and take possession thereof without notice to Lessee, and this Rental Agreement shall thereupon terminate and be forfeited at the option of Lessor (b) AS LIQUIDATED
DAMAGES FOR LOSS OF BARGAIN AND NOT AS A PENALTY,
pay the sum of (i) all rent and other amounts then due and payable to Lessor; plus (ii) the present value of all remaining rent payments and other amounts, discounted at the rate implicit in this Rental Agreement, (c) pay damages for any injury to the Equipment, legal expenses (including, without limitation, court costs and attorney’s fees), the cost of any repossession and/or removal of the Equipment from the possession of Lessee, and all freight, storage, transportation and other charges incurred in such removal and return to Lessor at its place of business. Upon the occurrence of an Event of Default, Lessor may also exercise any other remedy available at law or in equity. These remedies are cumulative, are in addition to any other remedies provided for by law, and may be exercised concurrently or separately at any time. No delay in, or failure to, exercise or enforce any right or remedy hereunder , whether in whole or in part, shall serve to waive, compromise, impair or diminish any such rights or remedies.
13. Construction: This is an agreement for Equipment rental only and nothing herein shall be construed as conveying to Lessee any right, title or interest in or to any item of Equipment rented hereunder except as a Lessee.This Rental Agreements supersedes and replaces all prior understandings and communications (oral or written)concerning the subject matter thereof. In the event of an ambiguity in or dispute regarding the interpretation of this Rental Agreement, interpretation shall not be resolved by any rule providing for interpretation against the party who causes the uncertainty to exist or against the drafting party. If a court finds any part of this Rental Agreement to be invalid or unenforceable, the remainder of this Rental Agreement will remain in effect. Lessee permits Lessor to monitor and record telephone conversations between Lessee and Lessor.
14. Guaranteed Rental – Return of Equipment: Provided the guaranteed rental shown on the reverse side is or has been paid Lessee may return the Equipment and terminate this Rental Agreement on three days’ notice to Lessor. In the event such termination occurs prior to the expiration of the rental Agreement term, Lessee agrees to (a) promptly deliver the Equipment to Lessor at the time and place Lessor chooses; and (b) pay to Lessor the remainder of all rental payments for the Minimum Rental period Guaranteed by Lessee, which will all be immediately due and payable. If this Rental Agreement is terminated for any reason and Lessee does not return the Equipment to Lessor, agrees to remit to Lessor, until such time as the Equipment is returned to Lessor in accordance with the provisions of this Section, additional lease payments each month equal the Rental Rate, or its monthly equivalent.
15. Replacement: Lessor may, at Lessor's option, replace the Equipment with a similar machine at any time during the rental term.
Lessor will notify Lessee if Lessor intends to exercise this option, and Lessee will have three (3) business days following such notice in which to exercise the purchase option provided in this Lease or return the Equipment to Lessor. Upon return of the Equipment to Lessor,the rental term hereunder shall terminate, and the parties will enter into a new original Rental Agreement covering the replacement machine. Such new Rental Agreement shall extend, at a minimum, for the remainder of this Rental Agreement's rental term and shall have a rental rate no greater than the rate for rental of the Equipment hereunder.
16. Lessee Representations and Warranties: Lessee represents, warrants and covenants to Lessor so long as this Rental Agreement is in effect, that: (a) execution, delivery and performance by you of this Rental Agreement does not and will not
(1) violate any applicable law; (2) breach any order of court or other governmental agency, or of any undertaking Lessee is a party to or by which Lessee is bound; (b) Lessee will comply with all applicable laws, ordinances and regulations; (c) Lessee will not take any action, including filing any tax or other report, that is inconsistent with Lessor's ownership of the Equipment; (d) all information Lessee has given to Lessor is true, accurate and complete; (e) since the date of the most recent financial information given to Lessor, no material adverse change in Lessee’s business, assets, or prospects has occurred. Lessee will promptly deliver to Lessor such financial statements, reports and other information as Lessor may request; (f) Lessee is and will remain duly organized, validly existing and in good standing under the laws of Lessee's jurisdiction of organization; (g) Lessee is qualified to do business under the laws of all other jurisdictions where qualification is required or advisable; (h)the execution, delivery and performance by Lessee of the Rental Agreement will not breach any provision of Lessee's organizational documents or legal authority. Lessee acknowledges and agrees, that (1) the Equipment was selected by Lessee; (2) the Equipment (including all manufacturer manuals and instructions) has been delivered to, and examined by, Lessee (3) the safe operation and the proper servicing of the Equipment were explained to Lessee (4) Lessee received the written warranty applicable to the Equipment and understands that the written warranty is not a part of this Rental Agreement.
17. General: Time is of the essence of this Rental Agreement.
LESSOR AND LESSEE EACH IRREVOCABLY WAIVE ANY
RIGHT EITHER OF THEM MAY HAVE TO A JURY TRIAL.
Lessor’s failure at anytime to require strict performance by Lessee of any of the provisions of this Rental Agreement shall not waive or diminish Lessor’s right thereafter to demands strict compliance there with or with any provision. Waiver of any default shall not waive any other default. Any alteration or modification of this Rental Agreement shall be in writing and signed by the parties hereto. Lessee acknowledges receipt of a signed copy hereof.
Lessee irrevocably authorizes Lessor, at any time, to (a) insert or correct information on this Rental Agreement, including Lessee's correct legal name, serial numbers and Equipment descriptions; (b) submit notices and proofs of loss for any required insurance; and
(c) endorse Lessee's name on remittances for insurance and Equipment sale or rental proceeds.
ASSIGNMENT
TO: JOHN DEERE
For value received I hereby assign, sell and transfer all my right, title and interest under the above Rental Agreement to you, your successors and assign, subject to all the terms of the applicable John Deere Rental Sale Program which are hereby incorporated in and made a part of hereof, I agree to collect rentals coming due under the Rental Agreement and account for the pay over the same as provided in such Used Equipment Rental Program.
“John Deere” means the John Deere Company, a division of Deere & Company or John Deere Construction & Forestry Company with whom the leasing dealer has executed an Authorized Dealer Agreement.
DATE: \DSP1\
DEALER: LANDMARK IMPLEMENT, INC.
SIGNED BY: \SP1\
11/25/25 | 14:48 CST
STATEMENT OF WORK OF WORK
FARM EQUIPMENT LEASE FOR 2026 CROPPING YEAR
(ROW CROP)
Lessee: The Board of Regents of the University of Nebraska on behalf of the University of Nebraska-Lincoln/Clay Center, NE
Lessor: Landmark Implement, Inc./Fairfield, NE
Purpose: The purpose of this contract is to lease farm equipment from January 1, 2026 – December 31, 2026.
Leased items include:
Item Description Quantity Rate Price/each John Deere 8R 410 Tractor
1 $35,000/year (maximum engine hours = 300)
$35,000.00
John Deere 1775NT Planter (24 row, 30”)
1 $48,000/year (maximum acres
= 3200)
$48,000.00
John Deere S770 Combine
1 $44,800/year (maximum separator hours = 350)
$44,800.00
John Deere RD30F HydraFlex Draper Head
1 $6,150/year (maximum 1 season)
$6,150.00
John Deere C12R Rigid Corn Head
1 $6,150/year (maximum 1 season)
$6,150.00
Delivery/Return:
Lessor will be responsible for delivering farm equipment to the Lessee and picking up for return when use is complete. Equipment will be delivered to designated site throughout the year prior to the appropriate cropping season(s) to be used.
Payment Terms:
To reserve equipment, Lessor requires full payment of lease by 12/31/25, via ACH.
Overages will be determined and billed separately after return of equipment.
408 Canfield Administration Building / P.O. Box 880436 / Lincoln, NE 68588-0436 / (402) 472-2600 / FAX (402) 472-6803
DEPARTMENT OF HUMAN RESOURCES
Benefits & Risk Management Section
September 23, 2025
Landmark Implement, Inc
1131 East Hwy 74
Fairfield, NE 68938
Re: Coverage for University of Nebraska
To Whom it May Concern:
Please be advised that for purposes of providing coverage for general liability exposures resulting from negligent acts, errors or omissions of the University of Nebraska its officers, agents, employees, and students in training, the University of Nebraska does purchase excess insurance coverage under a policy of insurance but is “self-insured” for a portion of any loss as authorized by Neb. Rev. Stat. 85-1,126. After a self-insured retention of $1,000,000 per occurrence, the
University of Nebraska has excess general liability insurance policy with a limit of $10,000,000 per occurrence with a
$10,000,000 annual aggregate.
The University of Nebraska maintains specific funds in its General Risk-Loss Trust, as authorized by Neb. Rev. Stat. 85-
1,126, to pay losses and expenses incurred by the University resulting from negligent acts, errors or omissions of the
University, its officers, agents, employees and students in training up to $1,000,000 per occurrence and $3,000,000 annual aggregate.
Even though the University of Nebraska is responsible for a large self-insured retention, it nevertheless recognizes and reaffirms its responsibility to accept liability for damages, and to pay such damages from its General Risk-Loss Trust, in those instances where insurance would otherwise have provided coverage, and where a claim is properly filed in accordance with the requirements of the Nebraska State Tort Claims Act.
Respectfully, Shannon Anderson
Shannon Anderson
Risk Management Specialist
401 Canfield Administration South
402-472-6880 sanderson62@unl.edu
MEMO
DATE: 9/23/25
TO: Anne Barnes Senior Vice President and Chief Financial Officer, University of Nebraska System Interim Vice Chancellor, UNL Business and Finance
FROM: Chad Engle Ag Production Lead
SUBJECT: Acceptance of Risk - Landmark Contract Terms & Conditions
Realizing that edits are not acceptable on the John Deere contract for leased equipment, this memo is to confirm that UNL/USMARC accepts the risk of contracting with John Deere for the 2026 leases.
As USMARC has leased equipment from John Deere for several years, we are in good standing with this company and take full responsibility with respect that the terms and conditions of the contract do not meet University General Counsel recommendations.
University of Nebraska Non-Competitive Purchase Documentation
Board of Regents Policy 6.2.1.10 (b) provides that “except as otherwise provided in this purchasing policy, any purchase committing the University to an expenditure of $150,000 or more shall be made to the lowest responsible bidder.” Board of Regents Policy 6.2.1.7 provides that “If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. There are exceptions allowed to this policy in 6.2.1.10 (f), which explains when competitive bidding is not required.
This form is designed to assist in complying with policy. It is to be used for purchases of $150,000 or more that are not competitively bid or small purchases where quotations are not obtained. It must be signed by the person seeking the non-competitive purchase, as well as the funding approver and returned to your campus procurement office or the Office of the Vice President for Business and Finance.
INSTRUCTIONS for Completion of this Form:
Please check the category below for which your particular transaction qualifies as a non-competitive purchase. The column § (subsection) refers to Board Policy 6.2.1.10 (f). Incomplete forms will be returned.
§ EXCEPTION TO COMPETITIVE PURCHASE
1. Purchase of unique or non-competitive articles or services (e.g., “Sole Source”). Without limiting the generality of the foregoing sentence, examples of unique or non-competitive articles and services are public utility services, regulated central office telephone services, books, pamphlets and periodicals, and specially designed business, research or scientific equipment and related software. This category of purchase shall be accompanied by a written justification from the requesting unit and must have the prior written approval by the principal business officer or their designee.
2. Contracts for professional services; provided, however, that any contract for architectural, engineering, land surveying or landscape architectural services shall be made in accordance with applicable law and Board of Regents policies requiring competitive negotiations for such services. “Professional Service” means (a) any type of service which requires a license or other legal authorization as a condition precedent to the rendering of the service, or (b) any other type of service commonly recognized as a professional service, including, but not limited to, accounting and auditing, actuarial, legal, personnel, financial, computing, management, marketing, educational program planning or evaluation, facilities planning or evaluation, insurance and risk management, or travel agency services. (See RP-6.2.1(4)(h))
3. Purchases necessary in emergency situations.
4. Contracts for maintenance or servicing of equipment with the manufacturer of the equipment or the manufacturer's authorized service agent, where in the judgment of the principal business officer such maintenance or service can be most effectively performed by the manufacturer or its authorized service agent.
5. Contracts on capital construction projects (a) for the services of a construction manager who may or may not at the discretion of the University also be engaged on the project as the general contractor or (b) for the services of a design/build contractor who will be engaged on the project to furnish design services by a qualified architect or engineer and to provide general contractor services; provided, the contracts shall be awarded in accordance with RP-6.3.7.
Additional Required Information:
Supplier Name: Amount of Purchase:
Description Supporting Non-Competitive Purchase Determination:
Check HERE if additional supporting documentation attached In accordance with Board of Regents Policy 6.2.1.16, Purchases Involving University Personnel, by signing below, you hereby affirm that you have no conflict of interest in the selection of this supplier, nor will you receive personal or financial benefit from this purchase.
Requestor’s Signature Requestor’s Name (Printed) Date
Funding Approver's Signature Funding Approver’s Name (Printed) Date
Submitted By (Procurement Services): Approved By:
Signature Date
Name (Printed): _________________________________ _____
Signature Date
Name (Printed): ______________________________________
Chad Engle
$ 140,100.00
X
10/23/2025
Row Crop Rental Agreement -- Landmark has a repair shop within 10 miles in case of emergency repairs, which is a huge attribute here in Clay Center. See attached, for more documentation.
10/23/2025
Landmark Implement
Danny Trausch
X
Courtney Schaffert
10/31/2025 | 15:06 CDT
11/06/2025 | 08:59 CST
11/06/2025 | 10:20 CST
Lacey Rohe
University of Nebraska Non-Competitive Purchase Documentation USMARC – 2026 Row Crop Cropping Season
The JD 8R410 Tractor has proprietary e23™ PowerShift or Electric Variable Transmission (EVT), Independent Link Suspension (ILS™) and John Deere Connected Support™ that prevents downtime and efficiently resolves issues with revolutionary technology-based solutions.
The JD 1775NT Planter has proprietary ExactEmerge™ or MaxEmerge™ trench delivery system and BrushBelt™ delivery system, SeedStar™ 4HP monitoring system, easy fluid transfer with the ExactRate™ fluid transfer system and precise liquid fertilizer placement with ExactRate™ fertilizer system.
The JD S770 Combine has proprietary Combine Advisor™ package and Active Yield™ sensor calibration system for optimal adjustments.
The JD RD30F flex head has proprietary HydraFlex™ flexible cutterbar.
The JD C12R corn head has proprietary RowMax™ Chopping Stalk Rolls, AutoPath™ guidance and Active End Fenders for down and leaning corn and Stalk Deflectors to minimize tire and track damage.
RENTAL AGREEMENT
Rental # 11274670
Original
Name LESSEE THE BOARD OF REGENTS OF THE
UNIVERSITY OF NEBRASKA-ON BEHALF OF THE UNIVERSITY OF NEBRASKA LINCOLN
DATE Sep 08, 2025 RENTAL TERM BEGINS Jan 01, 2026 ENDS Dec 31, 2026
Street or RFD 844 RD 313
Purchaser Acct No Customer P.O. NO. ACCOUNT NO.
061114
Government Bid No.
City, ST Zip Code CLAY CENTER, NE 68933
LESSOR NAME AND ADDRESS
LANDMARK IMPLEMENT, INC.
Telephone Number 402-469-3154 1131 East Hwy 74
Contact DANNY TRAUSCH Fairfield, NE 68938
Percentage of Rental Payments Applied to
Purchase Option: 0.00 %
Security Deposit $ 0.00
Maximum Hours No More Than : Per Day
Maximum Hours No More Than : Per Week
Maximum Hours No More Than : Per Month
= Estimated Rental Charge (Rental Rate x Estimated Rental Period) $ 140,100.00
+ Itemized Fees $ 0.00
+ Taxes $ 0.00
+ Service Charge $ 0.00
+ Additional Charges $ 0.00
= Additional Charges Subtotal. $ 0.00
Total Rental Charge $ 140,100.00
Notes Maximum acres or Hours: 1775NT 3200 acres, S7 700 hours 350 sep hours, C12R 1 season, RD30F 1 season, 8R 410 300 hours.
EQUIPMENT WILL BE USED AT: (Name) (Address)
Lessee will not remove the Equipment from US Meat Animal Research Facility
844 Rd 313 this Location without written permission from Lessor.
(City) State/Province (ZIP Code) County (Phone Number) Clay Center NE 68933 CLAY 402-469-3154
Doc Ref No. Qty Model Size & Description of Equipment (Give Product Identification No.)
Hour Meter Reading
Min. Rental Guaranteed By Lessee
Present Value %
JOHN DEERE 1775NT Planter - 24R30 Stock #
1 1775NT-24R30 ( ) $ 48,000.00 $ 523,701 00 0.00
Rental Rate Per Year 1.00 Est. Rental Period
48,00 0.00
JOHN DEERE S7 700 Combine Stock #
1 S770 STS ( ) $ 44,800.00 $ 844,279 00 0.00
Rental Rate Per Year 1.00 Est. Rental Period
44,80 0.00
JOHN DEERE CR 12 Corn Head Stock #
1 C12R CORN
HEAD
( ) $ 6,150.00 $ 187,839 00 0.00
Rental Rate Per Year 1.00 Est. Rental Period
6,150 .00
JOHN DEERE RDF 30 HydraFlex Draper Stock #
1 RD30F FLEX
DRAPER
( ) $ 6,150.00 $ 155,232 00 0.00
Rental Rate Per Year 1.00 Est. Rental Period
6,150 .00
JOHN DEERE 8R 410 Stock #
1 8R410 ( ) $ 35,000.00 $ 35,000 00 0.00
Rental Rate Per Year 1.00 Est. Rental Period
35,00 0.00
Primary Insurance Name and Address USMARC - self-insured
Additional Insured Name and Address $ 1,746,051
TOTAL
PRESENT
VALUE
ROW CROP RENTAL AGREEMENT
Page 2 of 5 Customer's Initials \IN1\
Insurance Loss Payee Name and Address LANDMARK IMPLEMENT, INC.
1131 East Hwy 74 Fairfield, NE US
PURCHASER TYPE MARKET USE
3 State/Province 13 Livestock/Feedlot/Dairy
LESSOR(Dealer)LESSEE(Customer)
THE BOARD OF REGENTS OF THE
UNIVERSITY OF NEBRASKA ON BEHALF
OF THE UNIVERSITY OF NEBRASKA-
LINCOLN
MACH,JEFF J
\C2\
BY
\SP1\
THIS RENTAL AGREEMENT IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET OUT ON THE FOLLOWING PAGES
HERE HEREOF, ALL OF WHICH ARE HEREBY MADE A PART OF THIS RENTAL AGREEMENT.
Page 3 of 5 Customer's Initials \IN1\ Date \DC1\
RENTAL AGREEMENT
1. General. The above-named Lessor hereby leases to the above named Lessee the equipment listed herein (“Equipment”) for the term and with the rental payments set out above. Rental payments shall be made to Lessor at the address shown above or to such other person and address as Lessor may direct from time to time. Lessee will pay the cost of transporting the Equipment from Lessor’s place of business and returning it thereto. Such transportation shall take place during the term hereof. Lessee agrees to remit to Lessor the rental payments and all other amounts when due and payable, even if Lessor does not send Lessee a bill or an invoice. Lessee agrees that any amount due under this Rental Agreement, may, if specified above, at the option of the Lessor, be submitted by Lessor as a charge authorized by Lessee to the PowerPlan or Farm Plan account of Lessee, and Lessee agrees that the terms of that account shall thereafter apply to any accepted charges.
For any payment which is not received by its due date, Lessee agrees to pay a late charge equal to 5% of the past due amount (not to exceed the maximum amount permitted by law)as reasonable collection costs, plus interest from the due date until paid at a rate of 1.5% per month, but in no event more than the maximum lawful rate. Restrictive endorsements on checks Lessee sends to Lessor will not change or reduce Lessee's obligations to Lessor. If a payment is returned to Lessor by the bank for any reason, Lessee agrees to pay Lessor a fee of $25.00, or the maximum amount permitted by law, whichever is less.
Rental payments and other payments may be applied, at Lessor's discretion, to any obligation Lessee may have to Lessor or its assignee or any affiliate of Lessor or its assignee. If the total of all payments made during the rental term exceeds the total of all amounts due under the Rental Agreement by less than $25, Lessor may retain such excess.
Rental terms and conditions from all invoices, monthly statements, or other agreements between Lessor and Lessee are hereby incorporated into this Rental Agreement.
LESSEE’S PAYMENT OBLIGATIONS ARE ABSOLUTE AND
UNCONDITIONAL, AND ARENOT SUBJECT TO
CANCELLATION, REDUCTION OR SETOFF FORANY REASON
WHATSOEVER.
2. Security Deposit. Any Security Deposit will be held by Lessor in a non-interest bearing account, commingled with other funds. Lessor may apply the Security Deposit to any amounts due under the Rental Agreement and, if Lessor does so, Lessee agrees to promptly remit to Lessor the amount necessary to restore the Security Deposit to the original amount. The Security Deposit will be returned to Lessee within thirty days of termination of the Rental Agreement and final inspection by Lessor, provided Lessee is not in default.
3. Equipment Use. LESSOR HAS NOT MADE, AND DOES NOT
MAKE, ANY REPRESENTATION OR WARRANTY, EXPRESS
OR IMPLIED, AS TO THE EQUIPMENT’S MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR
OTHERWISE. Lessor is the owner of the Equipment and the Lessee has only the right to use the Equipment under the terms of this Rental Agreement. You agree to USE THE EQUIPMENT ONLY
FOR AGRICULTURAL, BUSINESS OR COMMERCIAL PURPOSES
AND NOTFOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. It is contemplated that the Equipment will be operated for not more than the Maximum Hours specified above, and Lessee agrees to pay additional rental prorated at the applicable daily, weekly or monthly rate for each hour the Equipment is used in excess of the Maximum Hours. The additional rent for excess hours shall be paid at the time the Equipment is returned or, if the Equipment is rented for more than thirty days, on the first day of the month following such use. If there is an hour meter furnished,Lessee agrees to keep it connected to the Equipment and in good working condition at all times and it is to be used as the conclusive basis of the number of hours or operation. Lessee agrees to affix and maintain, in a prominent place on the Equipment, any labels, plates or other markings Lessor may provide. Lessee agrees to pay $ 0 if the hour meter is damaged or rendered inoperative during the term of this Rental Agreement. Lessee shall indemnify Lessor against all loss or damage to the Equipment while it is out of Lessor’s possession.
Damage to the Equipment, shall not abate or excuse the making of prescribed rental payments.
Lessee agrees to use and care for the Equipment in a careful and prudent manner, to pay all operation and maintenance expenses while the Equipment is out of the possession of Lessor, and to make, at Lessee’s sole expense, any and all repairs. Lessee agrees (a) to not move the Equipment to another county or state without notifying Lessor within 30 days; (b) to operate and maintain the Equipment in accordance with all (1) laws, ordinances and regulations, (2) manuals and other instructions issued by the manufacturer(s) and supplier(s), and (3) insurance policy terms and requirements; (c) to perform (at Lessee's expense) all maintenance and repairs necessary to keep the Equipment in as good a condition as when delivered to Lessee, reasonable wear excepted; (d) to not install any accessory or device on the Equipment, unless it can be removed without damaging the Equipment or in any way affecting the value, useful life, or originally intended use of the Equipment; (e) to not represent the Equipment as owned by Lessee or to pledge the Equipment as collateral to any lender or other party; (f) to load, unload, transport, and secure for transport, in accordance with all laws; (g) to acquire or purchase all proper permits in compliance with all federal and state traffic law. Uponany expiration or termination of this Rental Agreement, all Equipment shall be returned by Lessee at Lessee's sole expense and in satisfactory condition, along with all use, maintenance and repair records. Equipmentis in satisfactory condition if it is in as good a condition as when the Equipment was delivered it to Lessee, reasonable wear excepted, and conforms to any maintenance standards incorporated into the Rental Agreement. If, upon its return to Lessor, the Equipment is not in such good condition, Lessor may repair it and Lessee will pay the cost of any such repairs at Lessor’s regular shop rates. If Lessee fails to return the Equipment promptly upon any expiration or termination of this Rental Agreement, additional rent shall be payable by Lessee for each day the Lessee remains in possession of the Equipment, in an amount prorated a tone and one-half times the normal rental payment amount. Lessee agrees to keep the Equipment free and clear of liens and encumbrances,except those in Lessor's favor, and promptly notify Lessor if a lien or encumbrance is placed or threatened against the Equipment. The Equipment may be equipped with telematics hardware and software (“Telematics”) that transmit data to Lessor, John Deere, or other John Deere dealers. Lessee agrees that Lessor, John Deere and other John Deere dealers (their affiliates, successors and assigns), without further notice to Lessee have the right to: (i) access, use, collect and disclose any data generated by, collected by, or stored in, the Equipment or any hardware or devices interfacing with the Equipment (“Machine Data”); (ii) access Machine Data directly through data reporting devices integrated within, or attached to, the Equipment, including Telematics (“Data Reporting Systems”); and (iii) update the Data Reporting Systems software from time to time. Machine Data may be transferred out of the country where it is generated, including to the U.S.A. In the event that the Machine Data includes Lessee's personal information, Lessee hereby consents to the collection, use and disclosure of such personal information, to permit Lessor, John Deere and other John Deere dealers to access and use the Machine Data as set forth herein. Lessee warrants that it has obtained any necessary consent from its employees or any other third parties, including with respect to the transfer of Machine Data to other jurisdictions, to comply with any applicable privacy laws or contractual agreements with such employees or third parties and to permit Lessor, John Deere and other John Deere dealers to access and use the Machine Data as set forth herein. Lessee shall not use the Data Reporting Systems to track the location of any person unless Lessee has first obtained any necessary approvals from such person to permit Lessee, Lessor, John Deere and other John Deere dealers to track such location. Lessee shall not remove, modify or disable any Data Reporting Systems without Lessor's prior written consent.
Page 4 of 5 Customer's Initials \IN1\ Date \DC1\
RENTAL AGREEMENT
4. Risk of Loss. Lessee unconditionally assumes all risk and liability for, all damages for injuries or death to person and property arising out of or related (whether directly or indirectly) to the use,rental, possession or transportation of the Equipment including any claims Lessor was negligent, failed to warn Lessee of any risks or dangers associated with use, possession or transportation of the Equipment, failed to assist Lessee load, unload, transport or inspect the Equipment before, during or after the Term of Lease.Lessee’s obligation to insure the Equipment continues until Lessee returns the Equipment to Lessor and Lessoraccepts it. Neither Lessor, its assigns, the wholesale distributor nor the Manufacturer shall be liable for any special, incidental, consequential or punitive damages which may result from any failure or use of the Equipment or for breach of this Agreement. Until the Equipment is returned to Lessor in satisfactory condition, Lessee is responsible for all risk of loss and damage, loss, theft, destruction or seizure of the Equipment. Lessee must promptly notify Lessor of any such event. In the event of any loss or damage to the Equipment, Lessee agrees to promptly repair or replace the Equipment to Lessor’s satisfaction, at Lessee’s sole cost, and the terms of the Rental Agreement will continue to apply throughout the Rental Agreement term.
5. Purchase…
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