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<br />?9-- ~}~ X536
<br />Default 19. If any rent is due and remains unpaid for ten days after receipt of notice
<br />and from Landlord, or if Tenant breaches any of the other covenants of this lease and
<br />Reme- if such other breach continues £or thin*_y days after receipt of notice from Land-
<br />dies lord, Landlord shall then but not until then, have the right to sue for rent, or to
<br />terminate this lease and re-enter said premises; but if Tenant shall pay said
<br />rent within said ten days, or in good faith within said thirty days commence to
<br />correct such other breach, and diligently proceed therewith, then Tenant shall
<br />not be considered in default. If Landlord shall from time to time fail to pay any
<br />sum or sums due to Tenant aad if such failure continues for thirty days after
<br />receipt of notice from Tenant, Tenant shall have the right and is hereby ir-
<br />revocably autherized and directed to deduct such sum or sums from the rent. If
<br />Landlord shall from time to time fail to perform any act or acts required of
<br />Landlord by this lease and if such failure continues for thirty days after receipt
<br />of notice from Tenant, Tenant shall then have the right, at Tenant's option, to
<br />perform such set or acts and the full amount of the cost and expense so incurred
<br />shall immediately be owing by Landlord to Tenant, and Tenant shall have the right
<br />and is hereby irrevocably authorized and directed to deduct such amount from the
<br />rent. No delay on the part of either party in enforcing any of the provisions of
<br />this lease shall be considered as a waiver thereof.
<br />?itle 20. (a) Landlord covenants, represents and warrants that Landlord has legal
<br />aad title Lo Landlord Panel as outlined in red on said attached plan and the rich[ t_a_
<br />Pas- maze this Lcase, that said entire property is now free ant clear of ail liens,
<br />seas- encumbrances and restrictions, except:
<br />ion
<br />Subdivision Agreement between Mid-C~~ntinent i:nterprises and the City of Crand Island,
<br />recorded in SooK ?Fi, page 199, Miscellaneous k,•cords, ar,d as Document N0. >44R in the
<br />Office of the Register of Ikeds, Hall County, Nebraska, and which wilt not affect any
<br />rights granted under this base;
<br />Cross-Easement agreement filed January 3, 1977, document No. ?}-000047, Office of
<br />the Register of Deeds, which will not affect any rights granted under this lease;
<br />Declaration of Restrictive Covenants filed January 3, ?977, docut~nt na. 77-000046
<br />Office of Register of !?eeds, afiich till not affect am~ ri,t:[s granted under this lease;
<br />aad [hat upon paying the rents and keeping the agreements of this lease on its part
<br />to be kept and performed, Tenant shall have peaceful and uninterrupted possession
<br />during the continuance of •ltis Iease. Landlord shall furnish Tenaa[ satisfactory
<br />evibente of Landlord's title.
<br />(b) If at the time of delivery of gossession of the leased psemises to
<br />Tenant, the entire property shown on said attache3 plan, oz any gent thereof, is
<br />subject to env mortgage, deed of trust or other en~..mbraace ~~ tl-ie nature o£ a
<br />azrtgage, which is prior and superior to this lease, it is aafurther express con-
<br />dition hereof that Iandiord shall thereupon furnish and deliver to Tenant, in fora
<br />aad substance acceptable to Tenant, an agreement executed by such mortgagee or
<br />trustee, either (1) making such mortgage, deed of trust or other encumbrance in
<br />the nature of a mortgage subject and subordinate to this lease and to [he leasehold
<br />estate treated hereby and to all of Tenant's rights hereunder, or (ii) obligating
<br />amp party acquiring title or sight of possession under or by virtue of such mortgage,
<br />died of trust ar other eac.m<brance to be bound by this lease and by all of Tenant's
<br />rights hereunder, provided that Tenant is not thin is co*•tinued default, after
<br />Mite. in the payment of rents or otherwise under the terms of this lease.
<br />it3 I*_ is an express condition of this lea; that, at all ti°.es :luring
<br />the Ceres hereof, Landlord shall, bs• reason of c-as~-reen[ a,=r~~~as~•nts now is eftrit. use
<br />its beer efforts to keep availablz the Parkinz Are- sidewalks roadways and other
<br />facilities appurtena.t therein shown in the areas indicated as ":~rb°v tercel" and
<br />"liinicy Dinky Parcel" an atiacLed plan, far the purpose sec far[h in ter*_ion (a) of
<br />Article 7 and Laadlard shall enforce the pr.~visions of said ca>emer,i a~;reenents
<br />so [hat no barrizrs ar absiructions are ere.ied to cl,~s_ off sal,? area from tt,e
<br />areas ......zateu as orb}- Pareei" and "H.na i,inx}~ `rarcel" un [i;r attached plan.
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