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00005947 <br />THIS AGREEMENT entered into between KUESTER LAKE, INC., LESSOR, and <br />RICHARD A. BRIGGS and JUDITH A. BRIGGS, husband and wife as joint tenants, LESSEE. <br />Lot Twenty -One (21 . ), having a lake front footage of 83 feet, situated on the <br />West side of the East Portion of Kuester Lake, and being on a part of the East Half <br />of the Southwest Quarter (EI /2SW' /4), in Section Thirteen (13), Township Eleven <br />(11) North, Range Nine (9), Hall County, Nebraska, bounded on the Westerly <br />side by the common road; <br />such lot is as shown on a plat in possession of Lessor. <br />2. 'arm of I easy- Thirty -five (35) years, commencing July 21, 2000, and terminating July <br />20, 2035. <br />3. CPtinn W Fxtpnd Term- Lessee has the option to extend the term of this Lease for an <br />additional 35 years by giving Lessor notice thereof, in writing, by April 21, 2035. <br />4. Right tc) Assi gl moot_of I ease- 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 term. <br />The term may be longer if consented to by the Lessor. <br />(e) Any subleasing must have the Lessor's approval. <br />(t) The Lessee has the absolute right to conditionally assign this Lease <br />to any mortgagee for the purpose of furnishing such mortgagee <br />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 all <br />lessee- stockholders of Kuester Lake, Inc. In any event the annual rent of the Lessee shall not <br />exceed One Hundred Dollars ($100.00) unless a majority of all lessee- stockholders of Kuester <br />Lake, Inc. (one vote for each share), present and voting at a special meeting called for that <br />purpose, shall approve the same. <br />6. Access 'The Lessee shall have access from the leased premises onto the Lessor's roads <br />and shall also have the right to use the lake for boating, swimming, and fishing. These access <br />rights are in common with the other leaseholders at Kuester Lake. <br />6a. Prior I eacPC This Lease replaces and supersedes any prior Lease for said premises <br />which the Lessee or his predecessors in title may have held. <br />7. i)Pfermi nation- nf Rrnindaries The Lessor shall have the right, on a reasonable basis, <br />to determine the boundaries between the Lessee and his neighbors if the Lessee and his <br />