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<br />4 <br /> <br />200701375 <br /> <br />tract operated by Tenant for government program purposes without the prior written <br />consent of Owner. Tenant further agrees to maintain the current corn base <br />measurement, if any, upon the above-described real property and such corn base <br />measurement shall not be reduced without the prior written consent of Owner. <br /> <br />20. HUNTING RIGHTS. The Owner reserves all hunting rights and privileges. The <br />Tenant may not hunt on or permit others to hunt on the property without the written <br />permission of Owner. The Owner or any person who has obtained written permission <br />to hunt from Owner to have access to the property for hunting purposes. <br /> <br />21. INSPECTION. The Owner and their agents shall have the right to go upon the <br />property at any time to inspect the same or to make repairs or improvements thereon or <br />for any other purpose incidental to the management of the property. <br /> <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 /> <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 /> <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 /> <br />IN WITNESS WHEREOF the parties hereto have set their hands on the date first <br />above written. <br /> <br /><04J?,t?f~& <br /> <br />Dale A. Whitefoot, rustee of Dale A. <br />Whitefoot Trust created by the Revocable <br />Living Trust Agreement dated February 7, <br />1994, Owner <br /> <br />Q Z).Uv- <br />Phillip Di ern, Tenant <br /> <br />I <br /> <br />~~ <br />Mark Dibbern, Tenant <br />