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4 200401577 20. WAIVER. The failure or delay of the Owner to exercise any right or privilege under this lease shall not be held a waiver of any of the terms, covenants, or conditions of this lease and any act of the Owner waiving or which may be held to have waived, any specific default of the Tenant shall not be construed or held to be a waiver for any future default. 21. DEFAULT. Tenant agrees that in the event he shall not keep or perform each and all of the covenants and agreements contained herein or otherwise implied or imposed upon the Tenant by law, the Tenant shall forfeit all rights to further occupancy of the property and the Owner shall be entitled to re -enter the property without the necessity of legal proceedings for recovery of the property. In the event of any breach of any covenant or agreement prescribed in this lease or arising by operation of law, Owner shall be entitled to maintain an action in equity or at law for the appropriate remedy, or, at the option of Owner, the Owner may declare this lease terminated without waiver of any rights or remedies which Owner otherwise has a result of this lease, and Owner shall be entitled to immediate possession of the property. 22. BINDING EFFECT. This lease is binding upon and inures to the benefit of Owner and Owner's successor or successors and upon Tenant and Tenant's heirs, personal representatives and assigns. IN WITNESS WHEREOF the parties hereto have set their hands on the date first above written. Jeanne K. Whitefoot, Trusto of Jeanne K. hitefoot Trust created by the Revocable Living Trust Agreement dated February 7, 1994, Owner Phillip Di ern, Tenant Mark Dibbern, Tenant STATE OF NEBRASKA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this Iq day of 2004, by Jeanne K. Whitefoot. 0 NotarA6blic My Commission Expires: GENERAL NOTARY • State of Nebraska VICKI LEIBHART