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<br />201306446
<br />determined by the date the Lease terminates, in which event the
<br />current year's tax levy shall be utilized as the basis for such
<br />proration. Unless changed by notice from Landlord in writing,
<br />the annual rental payment shall be paid and mailed or delivered
<br />to Landlord at the following address: JAMIE and ANNE CUMMINGS,
<br />1206 E. 31sT STREET, KEARNEY, NE 68847. For purposes of this
<br />Lease, the term "property taxes" shall include all taxes,
<br />assessments, and charges, whether or not customary or in the
<br />contemplation of the parties, including but not limited to,
<br />general real property taxes and general and special assessments,
<br />fees, charges, or assessments for police, fire, housing,
<br />transit, or other governmental services, whether or not
<br />customary or contemplated by the parties, levied upon or with
<br />respect to the leased premises demised during the term of this
<br />Lease, including taxes, assessments, and charges on such
<br />personal property used in connection with the leased premises.
<br />Landlord agrees to pay, when due, the property taxes and shall
<br />provide Tenant with all notices received by Landlord from the
<br />Hall County Assessor, Treasurer or Register of Deeds relating to
<br />the leased premises or relating to the property taxes
<br />attributable to the leased premises as defined herein. If
<br />Landlord fails to pay the property taxes, or any portion
<br />thereof, when due, and the property taxes, or any portion
<br />thereof, become delinquent, Tenant may elect to pay the amount
<br />due and deduct that sum from any rental payment due to the
<br />Landlord under this Lease.
<br />4. Default. In the event Tenant shall be in default in
<br />the payment of the rental as provided herein, Landlord shall
<br />promptly notify Tenant in writing, and the failure of the Tenant
<br />to cure such default within ten (10) days after receipt of such
<br />notice shall, at the option of the Landlord, work as a
<br />forfeiture and termination of this Lease, or Landlord may
<br />enforce the performance in any manner provided by law. In the
<br />event Tenant shall default in the performance of any of the
<br />other terms or provisions of this Lease, other than the payment
<br />of rent, Landlord shall promptly notify Tenant in writing. If
<br />Tenant fails to cure such default within twenty (20) days after
<br />receipt of such notice, or the default is of such a character
<br />that it requires more than twenty (20) days to cure, and the
<br />Tenant shall fail to commence to do so within twenty (20) days
<br />after receipt of such notice, and thereafter, diligently proceed
<br />to cure such default, then in either event, Landlord may cure
<br />such default and such expense shall be added to the rent
<br />otherwise due, or, in the alternative, Landlord may declare the
<br />Lease forfeited and terminated and proceed in the same manner as
<br />if the Tenant had been in default of the payment of rent as
<br />stated above.
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