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4 <br />200401575 <br />22. WAIVER. The failure or delay of the Owner to exercise any right or privilege <br />under this lease shall not be held a waiver of any of the terms, covenants, or conditions <br />of this lease and any act of the Owner waiving or which may be held to have waived, <br />any specific default of the Tenant shall not be construed or held to be a waiver for any <br />future default. <br />23. DEFAULT. Tenant agrees that in the event he shall not keep or perform each <br />and all of the covenants and agreements contained herein or otherwise implied or <br />imposed upon the Tenant by law, the Tenant shall forfeit all rights to further occupancy <br />of the property and the Owner shall be entitled to re -enter the property without the <br />necessity of legal proceedings for recovery of the property. In the event of any breach <br />of any covenant or agreement prescribed in this lease or arising by operation of law, <br />Owner shall be entitled to maintain an action in equity or at law for the appropriate <br />remedy, or, at the option of Owner, the Owner may declare this lease terminated <br />without waiver of any rights or remedies which Owner otherwise has a result of this <br />lease, and Owner shall be entitled to immediate possession of the property. <br />24. BINDING EFFECT. This lease is binding upon and inures to the benefit of <br />Owner and Owner's successor or successors and upon Tenant and Tenant's heirs, <br />personal representatives and assigns. <br />IN WITNESS WHEREOF the parties hereto have set their hands on the date first <br />above written. <br />Dale A. Whitefo6t, Trustee of Dale A. <br />Whitefoot Trust created by the Revocable <br />Living Trust Agreement dated February 7, <br />1994, Owner <br />STATE OF NEBRASKA ) <br />) SS <br />COUNTY OF� ) <br />The foregoing instrument <br />2004 by Dale A <br />ion Ex Tres: <br />X2M-EXP.Nb.22,2006 RY - State of Nebraska <br />KI LEISHART <br />STATE OF NEBRASKA ) <br />) SS <br />COUNTY OF ) <br />Marshall Poehler, Tenant <br />was acknowledged before me this day of <br />Whitefoot. / /Ije,/v <br />Notary,Wublic <br />The foregoing instrument was acknowledged before me this / day of <br />2004 by Marshall Poehler. <br />Notary Public <br />My Commission Expires: <br />Ia- .3t-,�ooG <br />GENERAL NOTM -Site of Nebraska <br />RHONDA S. PETERS <br />* Comm. Exp. Dec. 31, 2006 <br />