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200008817 <br />LEASE AGREEMENT <br />THIS AGREEMENT entered into between KUESTER LAKE, INC., LESSOR, and <br />J. Harley Thorndike <br />katzx*a=kxxkezxgxtsixxkat2x a x x%o i (as sole owner) (strike out <br />portion not applicable) whether one or more, LESSEE. <br />Lots 30 and 31, having a lake front footage of <br />1. Description of leased premises: 135 feet, situated on the West side of the East <br />portion of Kuester Lake, and being on a part of the EII SW1aof Section 13, Township 11, <br />Range 9, in Hall County, Nebraska, bounded on the West and South sides by the common <br />roads; such lot is shown on a plat in the possession of the Lessor. <br />2. Term of lease: <br />35 years, commencing March 1, 1975 and terminating <br />February 28, 2010 <br />3. Option to extend term: <br />d Lessee has the option to extend the term of this lease for an <br />additional 35 years by giving Lessor notice thereof, in writing, <br />by July 1, 2009. <br />4. Riaht to assignment of lease: <br />5. Rent: <br />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 <br />ownership of the Lessee in the common stock of <br />Kuester Lake, Inc. <br />(c) The new Lessee agrees, in writing, to abide by the <br />terms of the lease so assigned, any new lease for <br />these premises, and to abide by the Agreement <br />entered into by this Lessee with Kuester Lake, Inc. <br />on or about Novembei 4, 1974, the terms of which <br />are incorporated herein by reference. <br />(d) The new Lessee shall be entitled to a new lease for <br />a 35 year term. The term may be longer if consented <br />to by the Lessor. <br />(e) Any sub - leasing must have the Lessor's approval. <br />(f) The Lessee has the absolute right to conditionally <br />assign this lease to any mortgagee for the purpose <br />of furnishing such mortgagee additional security. <br />The Lessee shall pay to Lessor, as annual rent, payable in <br />advance and on or before July first each year, such rent as <br />may be annually determined by the Lessor under the following <br />formula: <br />The annual rent shall be an amount, each year, <br />equal to the result of dividing the total <br />number of residential lessee- stockholder lots <br />into that year's anticipated net budget needs <br />of the Lessor. <br />The computation of the annual rent shall be done by the <br />Lessor, but shall be uniform among all lessee - stockholders <br />of Kuester Lake, Inc. In any event, the annual rent of <br />the Lessee shall not exceed One Hundred Dollars ($100.00) <br />unless a majority of all lessee - stockholders of Kuester <br />Lake, Inc. (one vote for each share), present and voting <br />at a special meeting called for that purpose, shall <br />approve the same. <br />6. Access: <br />The Lessee shall have access from the leased premises onto <br />the Lessor's roads and shall also have the right to use <br />the lake for boating, swimming and fishing. These access <br />rights are in common with the other leaseholders at <br />Kuester Lake. <br />6 -a. Prior Leases: <br />This lease replaces and supersedes any prior lease for said <br />premises which the lessee or his predecessors in title may <br />have held. <br />