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4 200501705 <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 />acv <br />jj4��-� <br />Dale A. WhitefooiV, 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 /�/k ) <br />The foregoing instrument <br />2005 by Dale A <br />GENERAL NOTARY - 5t a of et raska <br />VICKI LEIBHART <br />My Comm. Up. Feb. 22, 2006 <br />STATE OF NEBRASKA ) <br />)SS <br />COUNTY OF ) <br />PPoehler, Tenant <br />was acknowledged before me this day of <br />Whitefoot. <br />Notary'Public <br />The foregoing instrument was acknowledged before me this /5 day of <br />� , 2005 by Marshall Poehler. <br />My Commission Expires: <br />4�� L <br />Notary Public <br />0901'. NOTARY- Site d NebraYol <br />BRIAN L HAYES <br />Cavan. � 11pt1 a Bbl <br />