Security State Bank of North Dakota v. Orvik

VANDE WALLE, Chief Justice.

[¶ 1] Security State Bank (“the Bank”) appealed a judgment granting Bonnie Or-vik priority over the Bank in 1997 crop proceeds from land she leased to David and Sharon Cherney. We hold N.D.C.C. § 47-16-03 does not apply to Orvik’s cash rent lease to give her priority in the 1997 crop proceeds. We reverse and remand for proceedings consistent with this opinion.

I

[¶ 2] In April 1994, Orvik leased farmland to Cherneys for five years. The “FARM LEASE-CASH RENT” agreement required Cherneys to pay Orvik cash rent in the amount of $15,134 before April 1 of each year and…