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2 200401574
<br />7. COLLATERAL AGREEMENTS. The Tenant shall have no authority to make any
<br />type of agreement concerning the use and /or access of and to the property. Only the
<br />Owner shall have the right and power to make other or collateral agreements
<br />concerning the use of the property in any manner whatsoever. This would include, but
<br />not be limited to, the use of the property as a temporary roadway by neighboring or
<br />adjoining landowners and /or tenants or for any other purpose or reason. The Tenant
<br />shall be strictly prohibited from entering into any and all such agreements. Should the
<br />Tenant attempt to enter into any such agreements or understandings, it will be
<br />considered a specific act of default as set forth in paragraph 23 below entitling the
<br />Owner to declare the Lease Agreement terminated for which he would consequently be
<br />entitled to immediate possession of the property.
<br />8. WASTE. The Tenant will not commit on or do damage to the property and will
<br />use care to prevent others from doing so.
<br />9. NOXIOUS WEEDS. The Tenant will use diligence to prevent noxious weeds
<br />from going to seed on the property and will destroy the same, and will keep the weeds
<br />and grass cut or destroyed in the fields, farmstead, road side, and fence row.
<br />10. MAINTENANCE AND IMPROVEMENTS. The Tenant will keep the fences and
<br />other improvements on the property in as good condition and repair as they are when
<br />Tenant takes possession and in as good repair and condition as they may be put during
<br />the term of this lease ordinary wear and tear, loss by fire, or unavoidable depreciation
<br />or destruction excepted.
<br />11. TENANTS IMPROVEMENTS. The Tenant will not, without the prior written
<br />consent of the Owner, (a) erect or permit to be erected on the property any non -
<br />removable structure or building, or (b) incur any expense to the Owner for such
<br />purpose, or (c) add electrical wiring, plumbing or heating to any improvement, and if
<br />consent is given, Tenant will make such additions meet standards and requirements of
<br />power and insurance companies. At the end of this lease, and as requested by the
<br />Owner, Tenant shall promptly, and without any expense to the Owner, remove any and
<br />all such improvements.
<br />12. ASSIGNMENT. The Tenant shall not encumber, sign, sublet or otherwise
<br />transfer this lease, any right or interest in this lease or any right or interest to the
<br />property or any of the improvements that may now or hereafter be constructed or
<br />installed on the property nor allow any other persons to occupy or use the property or
<br />any part thereof without the prior written consent of the Owner. The consent by Owner
<br />to one assignment, subletting or use by another person shall not be deemed as a
<br />consent to any subsequent assignment, subletting or use by another person. Any
<br />encumbrances, assignment, transfer, or subletting without the prior written consent of
<br />the Owner, whether it be voluntary or involuntary, by operation of law or otherwise, is
<br />void and shall, at the Owner's option, terminate this lease. This lease is considered
<br />personal to the Tenant only.
<br />13. SURRENDER POSSESSION. Tenant agrees that at the expiration of the term
<br />of this lease Tenant will yield up possession to Owner without further demand or notice.
<br />14. SECURITY AGREEMENT. The Owner shall have first lien on all planted and
<br />unplanted crops on the property to secure the payment of the rent. This lease
<br />constitutes a security interest in rents in favor of the Owner on all unplanted crops on
<br />the property and also on all crops planted or now growing or standing and shall extend
<br />to and shall cover such crops after they have matured, whether the same are in the
<br />field, in cribs or bins, in elevators, in the stacks, barns or any other place on the
<br />property as security for the payment of the rent. The security interest of the Owner in
<br />the rents shall be valid and binding between the Owner and Tenant upon the execution
<br />and delivery of this lease. As provided in the Neb. Rev. Stat. §52 -1704, a security
<br />interest of the Owner in the rents shall be perfected upon the recording of this lease
<br />with the Register of Deeds of Hall County, Nebraska, the county in which the real estate
<br />is situated. Upon the recording of this lease, the security interest in the rents shall be
<br />valid, enforceable, and binding against, unavoidable by, and fully perfected as to all
<br />parties including any subsequent purchaser, mortgagee, trustee in bankruptcy, general
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