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200101769
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Last modified
10/14/2011 1:04:47 AM
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10/20/2005 8:05:02 PM
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DEEDS
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200101769
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200101'769 <br />LEASE AGREEMENT <br />THIS AGREEMENT entered into between KUESTER LAKE, INC., LESSOR, and <br />CRAIG C. BURCHESS and MARY E. BURCHESS, husband and wife as joint tenants, <br />LESSEE. <br />1. Description of Leased Premises: <br />Lots Thirty (30) and Thirty-one (31), having a lake front footage of 135 feet, <br />situated on the West side of the East Portion of Kuester Lake, and being on a <br />part of the East Half of the Southwest Quarter (E1 /ZSW' /4), in Section Thirteen <br />(13), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall <br />County, Nebraska; <br />such lots are as shown on a plat in possession of Lessor. <br />2. Term of Lease: Thirty-five (35) years, commencing March 5, 2001, and terminating <br />March 4, 2036. <br />3. Option to Extend Term: Lessee has the option to extend the term of this Lease for <br />an additional 35 years by giving Lessor notice thereof, in writing, by December 15, 2035. <br />4. Right to Assignment of Lease: Lessee has the right to assign this Lease provided: <br />(a) Lessee has complied with all terms of this Lease. <br />(b) Lessee transfers to the new owner all interest and ownership of <br />the Lessee in the common stock of Kuester Lake, Inc. <br />(c) The new Lessee agrees, in writing, to abide by the terms of the <br />Lease so assigned, any new Lease of these premises, and to abide <br />by the Agreement entered into by this Lessee's predecessors in <br />title with Kuester Lake, Inc. on or about November 4, 1974, the <br />terms of which are incorporated herein by reference. <br />(d) The new Lessee shall be entitled to a new Lease for a 35 -year <br />term. The term may be longer if consented to by the Lessor. <br />(e) Any subleasing must have the Lessor's approval. <br />(f) The Lessee has the absolute right to conditionally assign this <br />Lease to any mortgagee for the purpose of furnishing such <br />mortgagee additional security. <br />5. Rent. The Lessee shall pay to Lessor, as annual rent, payable in advance and on or <br />before July first each year, such rent as may be annually determined by the Lessor under the <br />following formula: <br />The annual rent shall be an amount, each year, equal to the result <br />of dividing the total number of residential lessee - stockholder lots <br />into that year's anticipated net budget needs of the Lessor. <br />The computation of the annual rent shall be done by the Lessor, but shall be uniform among <br />all lessee - stockholders of Kuester Lake, Inc. In any event the annual rent of the Lessee shall <br />not exceed One Hundred Dollars ($100.00) unless a majority of all lessee - stockholders of <br />Kuester Lake, Inc. (one vote for each share), present and voting at a special meeting called for <br />that purpose, shall approve the same. <br />6. Access. The Lessee shall have access from the leased premises onto the Lessor's <br />roads and shall also have the right to use the lake for boating, swimming, and fishing. These <br />access rights are in common with the other leaseholders at Kuester Lake. <br />6a. Prior Leases. This Lease replaces and supersedes any prior Lease for said premises <br />which the Lessee or his predecessors in title may have held. <br />
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