apparatus and equipment installed in or placed upon the premises by
<br />Lessee shall be and remain the property of Lessee, whether or not
<br />attached, affixed or annexed to the realty, and Lessee shall have the
<br />right to remove the same upon termination of this lease on condition
<br />that Lessee shall restore and repair any damage to the premises caused
<br />by such removal.
<br />12. Default: If there be default in payment of any rent or in
<br />any other of essee's obligations hereunder or if the premises be
<br />abandoned or vacated, and if such default or condition shall continue
<br />after ten days notice in writing from Lessor to Lessee to make good
<br />such default or correct such condition, Lessor may, at Lessor's option,
<br />at any time thereafter while such default or condition continues,
<br />without further notice or demand, declare this lease terminated and
<br />enter upon and repossess the premises free of this lease; or Lessor
<br />may, at Lessor's option, enter upon and repossess the premises, as
<br />aforesaid, and, as agent of Lessee, relet the same for the balance of
<br />the term of this lease, or for a shorter or a longer term, and may
<br />receive the rents therefor, applying the same, first to the payment of
<br />the expense of such reletting and second to the payment of rent due
<br />and to become due by this lease, Lessee remaining liable for and agree-
<br />ing hereby to pay Lessor any deficiency. Provided, however, if any
<br />such default be other than for nonpayment of money and it would take
<br />more than ten days to cure the same, Lessor shall not forfeit this
<br />lease or enter upon the premises for such default if Lessee begins the
<br />cure of such default within said ten days and prosecutes the cure there-
<br />of with due diligence to completion. If any proceedings under the
<br />present or any future Bankruptcy Act be instituted by or against Lessee,
<br />or if a receiver or trustee be appointed for or ordered to dispose of
<br />Lessee's business or property, or if Lessee makes any assignment or
<br />conveyance for benefit of creditors, the same shall constitute a breach
<br />of this lease, and Lessor shall forthwith on such breach be entitled to
<br />collect damages therefor as provided by law and, in addition thereto,
<br />Lessor shall have the rights of termination, entry and repossession as
<br />above in this paragraph set forth.
<br />13. Lien on Personalty: Lessee hereby grants, conveys and mort-
<br />gages to Lessor, as security for the payment of each and every in-
<br />stallment of rent payable pursuant to this lease and for the per-
<br />formance of each and every obligation of Lessee hereunder, the personal
<br />property and chattels described in Exhibit A attached hereto and hereby
<br />incorporated as a part of this lease, together with all other machinery,
<br />equipment, tools and furniture now or at any time during the term hereof
<br />located upon the premises; and Lessee hereby agrees to execute and
<br />deliver to Lessor, upon demand, such instruments as may be necessary
<br />to vest in Lessor, upon the samme terms and conditions as provided for
<br />in this paragraph, a valid first lien upon all of Lessee's right, title
<br />and interest in and to any machinery, equipment, tools or furniture
<br />hereafter and during the term hereof acquired by Lessee in substitution
<br />or replacement for any of the property referred to in the foregoing
<br />provisions of this paragraph. upc-�i the occurrence of any breach or
<br />default on Lessee's part hereunder Lessor at its option and without
<br />the necessity for any court proceedings may enter upon the premises and
<br />take possession of all or any part of the property subject to the mort-
<br />gage and lien herein provided for and sell the same at public or
<br />private sale in Hall County, Nebraska, after twenty days' notice by
<br />advertisement in conformity with law, paying all costs and expenses
<br />of such advertisement and sale from the proceeds and applying the
<br />balance in satisfaction of any liability of Lessee hereunder, paying
<br />any excess remaining to Lessee.
<br />14. Waiver: A waiver by Lessor of any defa It o breach heefault
<br />under sha -not be construed to be a con, waiver r implied, of any
<br />or breach, nor as a waiver or permission, Expressed
<br />other or subsequent default or breach.
<br />-3-
<br />
|