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2009o437i modification so as not to jeopardize the rights of the Owner and the farm to further participation in government programs. The farm shall not be combined with any other tract operated by Tenant for government program purposes without the prior written consent of Owner. Tenant further agrees to maintain the current corn base measurement, if any, upon the above-described real property and such corn base measurement shall not be reduced without the prior written consent of Owner. 20. HUNTING RIGHTS. The Owner reserves all hunting rights and privileges. The Tenant may not hunt on or permit others to hunt an the property without the written permission of Owner. The Owner or any person who has obtained written permission to hunt from Owner to have access to the property for hunting purposes. 21. INSPECTION. The Owner and their agents shall have the right to ga upon the property at any time to inspect the same or to make repairs or improvements thereon or for any other purpose incidental to the management of the property. 22. 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. 23. 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. 24. BINDING EFFECT. This lease is binding upon and inures to the benefit of Owner and Owner's successor ar 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. ~~~~ Je ~ e K. Whitefoot, Trustee of ~anne K: itefoat Trust created by the Revocable Living Trust Agreement dated February 7, 1994, Owner .~ P' Phillip 'Bern, Tenant ~~ Mark Dibbern, Tenant 4