Ag Lending Update

Hybrid Event  
Thursday, November 16, 2023 9:00 AM - 2:00 PM   iCalendar Central Standard Time

Hybrid Delivery Options (select your preference when registering)

Thursday, November 16, 2023 - IBA Center for Banking Excellence, Springfield OR Live-Streamed 
9:00 a.m. - 2:00 p.m. | 
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Morning Session

Recent Legal Developments in Agricultural Lending
This presentation will highlight Illinois and Federal legal updates over the past few years that may affect the interests of lenders in the agriculture industry.

Understanding Agricultural Liens and Their Priority
Illinois law provides for unique liens specific to the agriculture industry, such as the Landlord’s Lien and liens under the Illinois Grain Code, that lenders should be cognizant of in certain situations. This presentation provides an overview of such liens and their priority, as well as insights into the grain industry generally.

Dealing with Ag Borrowers and the Importance of Knowing the Borrower
Forms of property ownership may greatly affect how a loan may be structured for the lender’s protection. Whether a borrower is an individual, trust, partnership, or limited liability business entity, the lender should consider the appropriate security for each loan and, otherwise, how to recover in the event of a default. This presentation will cover specific issues to address when identifying the legal nature of a borrower and determining methods of collateralization and recovery.


Morning Session
Illinois and Federal Law Update
Agricultural Liens

  • Landlord Lien
  • Thresherman’s Lien
  • Agister’s Lien
  • UCC
  • Grain Code Lien

Considerations When There Are Competing Liens
Grain Contracts and Their Variations
The Failure of a Licensed Grain Dealer / Warehouseman

Lender Considerations When Dealing with an Ag Borrower
Knowing Your Borrower (Individual, Trust, Partnership, LLC, S-Corp, C-Corp)

  • Identifying appropriate methods of collateralization
  • Applying the doctrine of piercing the corporate veil
  • Impact of the Illinois Trust Code and Illinois Real Property Transfer on Death Instrument Act

Afternoon Session
USDA loan and program updates for 2024
Leveraging the USDA direct and guaranteed loan program for profitability and risk management
USDA guaranteed loans – 40 years of success (what works and what does not)

James R. Grebe is one of the preeminent agricultural law attorneys in the State of Illinois. He serves as General Counsel to the Grain & Feed Association of Illinois and has represented a multitude of grain elevators, agri-business entities, and farmers for over 35 years. Jim is also a prominent estate planning lawyer who has extensive experience in estate and trust administration, working with individuals as well as corporate executors and trustees. In addition, Jim handles complex transactions involving corporations, partnerships, LLCs, and other business entities. He also has extensive experience in personal and fiduciary income tax matters, as well as preparation of Federal and Illinois Estate Tax Returns. Jim is a frequent speaker on estate planning, tax matters, and agricultural law topics and is active in professional and charitable organizations. He has served on the Board of Regents of Concordia University of Chicago for 9 years and also served as an officer and member of Concordia’s executive committee. He is a member of the Illinois State Bar Association and Agricultural Law Section Council, where he has twice served as Chairman of the ISBA Agricultural Law Section Council.

Kyle Tompkins is a partner with Hasselberg Grebe Snodgrass Urban & Wentworth in Peoria, IL. Mr. Tompkins has served on the ISBA Agriculture Section Council since 2020. He is also an active member of the Peoria County Bar Association, serving in the past as Chair of the Fitness, Health & Wellness Committee, the Young Lawyers Committee, and Real Property Committee. Mr. Tompkins further devotes time to charitable organizations as a director on the Board of Trustees of the Children’s Home Association of Illinois as well as a member of the local Salvation Army Estate Advisory Counsel. Mr. Tompkins attended the University of Illinois at Urbana-Champaign, majoring in Political Science with a minor in International Studies. He graduated magna cum laude and in the top 10 of his law school class from Marquette University Law School. He was admitted to the Wisconsin bar in May 2013 and Illinois bar in October 2013. Since joining Hasselberg Grebe Snodgrass Urban & Wentworth in September 2014, his practice has focused on the areas of agriculture law, trusts and estates, real estate, and general corporate and commercial law.

John Gehrke serves as the Farm Loan Chief for the IL Farm Service Agency, based out of the State Office in Springfield, Illinois.  He has served in that capacity since 2017.  He grew up on a Logan County grain farm and has a bachelor’s degree in Ag Business from Illinois State University.  John performs a wide range of duties and responsibilities in directing FSA’s $2 billion portfolio of direct and guaranteed loans in Illinois.  He also serves as the Agency’s environmental specialist. 

Fee Per Person
IBA Member $265
Nonmember $445

Hybrid Event