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I 83--00125:; LANDLORD'S WAIVER WIIBllEAS. undersigned Seoular-Bishop Grain Company. (with its principal place of business at) (residing at) 9110 West Dodge Road. Omaha Nebraska 69033. is the owner and/or landlord of the premises known as Kansas Street. Cairo. Nebraska 68824. (hereinafter called the "Premises") which are now occupied. in whole orin part. by The Scoular Company (hereinafter called "Obligor"); and WHlUlRAR. Walter E. Heller " Company Trust No. 1 (the "Company") has been requested to ex tend accommodations to Obligor from time to time covering certain grain storage facilities (the Property) us described in that lease no. 097289-0020. will bean improvement to the Premises; and WHBRBAS. the Company has required the execution of this Waiver as a condition precedent to extending such accommodations to Obligor. NOW. THBBEPORE, in consideration of the foregoing and of other good and valu- able consideration received by undersigned, undersigned hereby agrees as follows: 1. Undersigned waives and disclaims each and every right which undersigned now has, or may hereafter have. under the laws of the state in which the Prem- iRes are located, or by virtue of any lease of the Premises now in effect or here- after executed by Obligor. to levy or distrain upon the Property for rent. in arrears, in advance or both. or to claim or assert title to, or any interest what- soever in, the Property. 2. The Property may be kept. installed, maintained. used and operated on the Premises. and the Company's interest in the Property shall be superior to any interest which undersigned-may now have, or herafter may acquire, in the Prop- erty by operation of la w or otherwise. 3. In the event of a default by Obligor in the payment or performance of any of its obligations to the Company, the Company may (D remove the Property or any part thereof from the Premises or (ii) maintain the Property on the Premises with full right of access thereto for a reasonable period. of time for purposes of disposing of same, either privately or publicly, and undersigned will make no claim to the Property. 4. The Company may, without affecting the validity of this Landlord's Waiver. extend the times of payment of any amount owing by Obligor or the obser- vance or perfol'mance by Obligor of any of the terms, conditions and covenants of the financing arrangements, without the consent of undersigned and without giving notice thereof to undersigned. 5. Undersi~ned warrants and represents that the legal description of the Premises is as set forth in Exhibit A attached hereto and made part hereof. 6. This Landlord's Waiver shall inure to the benefit of the successors and assigns of the Company and shall be binding upon the heirs, executors. adminis- tratol'S, successors and assigns of undersigned. and upon any purchaser(s) or mortgegee{s) of undersigned's interest in the Premises. '--' L -.J L