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(a) Real Estate Taxes. The Owner will pay all real estate taxes on the property. <br />(b) Sale of Property. If the Owner should sell or otherwise transfer the property, the Owner will do so subject <br />to the provisions of this lease or by making repayment as provided in paragraph 2 of this lease. <br />(c) Quiet Enjoyment. The Owner warrants that the Owner has the right to lease the property, and will defend <br />the Tenant's possession against any and all persons whomsoever. <br />7. SIJB -LEASE AND ASSIGNMENT. The Tenant shall not sublet nor assign this lease or any portion <br />thereof without the expressed written consent of the Owner. Such consent shall be in the absolute discretion of the Owner. <br />8. RELATIONSHIP OF THE PARTIES. The relationship of the parties is that of landlord and tenant. <br />This lease shall not be deemed to give rise to a partnership relation, and neither party shall have the authority to obligate the <br />other without written consent, except as specifically provided in this lease. <br />9. REMEDIES ON DEFAULT. The failure or delay of the Owner or the Tenant to exercise any of their <br />respective rights or privileges under this provision of the lease, or any other terms of this agreement, shall not be held a <br />waiver of any of the terms, covenants, or conditions of said instrument, nor of any of the respective rights or privileges of <br />either party under the same. Any act of either the Owner or the Tenant waiving, or which may be held to have waived, any <br />specific default of the other party shall not be construed or held to be a waiver of any future default. <br />If the Tenant fails tb perform any term, condition, or covenant of this lease, the Owner may terminate this lease by <br />giving written notice of termination to the Tenant and may regain possession of the property in the manner then provided by <br />the law of the State of Nebraska. The right to terminate this lease shall be in addition to any other rights or remedies then <br />provided by the law of the State of Nebraska for breach of this lease by the Tenant. <br />10. BINDING EFFECT. All provisions of this lease shalt be binding upon and inure to the benefit of the <br />parties hereto, their heirs, personal representatives, successors, and assigns. <br />11. TIME OF ESSENCE• Time is of the essence of this lease and in the performance of the terms hereof. <br />12. COUNTERPARTS. This lease may be executed in any one or number of counterparts, each of which <br />shall be deemed an or, inal and which, together, shall constitute one and the same instrument. <br />13. COPIES AND/OR> FACSIMILES. A facsimile or photocopy of a properly executed counterpart of this <br />le shall be as legally binding and valid as1he original: = <br />IN WITNESS WHEREOF, the parties have signed this lease on the date(s) hereinafter set forth. <br />OWNER: <br />eyy y L. Br adfoot <br />Dated: Aprit 2010 <br />Broadfoot Sand and Gravel, Inc., a Nebraska <br />Corporation <br />By: �� <br />Terry . Broad oot, President <br />PARKER, GROSSART, BAHENSKY & BE, UCKE, L.L.P. <br />1516 FIRST AVENUE, KEARNEY, NE 68W <br />TENANT: <br />Platte River Recovery Implementation <br />Foundation, Trustee <br />By: <br />Diane Wilson, Executive Director <br />Dated: 6110 2010 <br />Dated: April //-,, 2010 <br />