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202403796 <br />intersects the Southerly line of said Lot Seventeen (17); and which is One hundred fifty-eight <br />and five tenths (158.5) feet Westerly from the Southeasterly corner of said Lot Seventeen (17); <br />thence running Easterly along and upon the Southerly line of said Lot Seventeen (17) for a <br />distance of One hundred fifty-eight and five tenths (158.5) feet, more or less, to the point of <br />beginning. <br />2123. <br />2. Term of Lease: Ninety-nine (99) years, commencing August 1, 2024, and terminating July 31, <br />3. Reserved <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 the Lessee <br />in the common stock of Kuester Lake, Inc. <br />(c) The new Lessee agrees, in writing, to abide by the terms of the Lease so <br />assigned, any new Lease of these premises, and to abide by the Agreement <br />entered into by this Lessee's predecessors in title with Kuester Lake, Inc. on <br />or about November 4, 1974, the terms of which are incorporated herein by <br />reference. <br />(d) The new Lessee shall be entitled to a new Lease for a 99 -year term. The <br />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 Lease to any <br />mortgagee for the purpose of furnishing such mortgagee additional security. <br />5. Rent. The Lessee shall pay to Lessor, as annual rent, payable in advance and on or before July <br />first each year, such rent as may be annually determined by the Lessor under the following formula: <br />The annual rent shall be an amount, each year, equal to the result of <br />dividing the total number of residential lessee -stockholder lots into that <br />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 lessee - <br />stockholders of Kuester Lake, Inc. In any event the annual rent of the Lessees shall not exceed One Hundred <br />Dollars ($100.00) unless a majority of all lessee -stockholders of Kuester Lake, Inc. (one vote for each share), <br />present and voting at a special meeting called for that purpose, shall approve the same. <br />6. Access. The Lessee shall have access from the leased premises onto the Lessor's roads and shall <br />also have the right to use the lake for boating, swimming, and fishing. These access rights are in common <br />with the other leaseholders at Kuester Lake. <br />6a. Prior Leases. This Lease replaces and supersedes any prior Lease for said premises which the <br />Lessee or his predecessors in title may have held. <br />7. Determination of Boundaries. The Lessor shall have the right, on a reasonable basis, to <br />determine the boundaries between the Lessees and his neighbors if the Lessee and his neighbors cannot agree <br />to such boundary line. The lake front boundary of the leased premises shall be to the water line as the same <br />may exist from time to time with changes in the water level of the lake. The boundary line of the leased <br />premises abutting the Lessor's common roads shall be reasonably determined by the Lessor. <br />8. Peaceful Possession. As long as Lessee conforms with the requirements binding upon them in <br />this Lease Agreement, the Lessee shall enjoy peaceful possession of the leased premises. <br />9. Improvements. The Lessee shall keep the leased premises in a neat and clean condition at all <br />times and shall keep all improvements on the leased premises in a good condition of repair. <br />10. Abandonment. The Lessee agrees not to abandon the leased premises. <br />11. Access for Installing Utility Lines. The Lessor reserves the right to come upon the leased <br />premises for installation of underground or above -ground utility lines and the making of necessary repairs or <br />improvements to or abutting the leased premises. The Lessor agrees to restore the premises to substantially <br />the same condition as they were before any such installation and at the Lessor's expense. <br />2 <br />