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2024037;6 <br />12. Rules and Re2ulations. The Lessee agrees to comply with the rules and regulations as prepared <br />and furnished by the Lessor to the Lessee, from time to time. Such rules and regulations shall contain <br />restrictions and limitations, for the mutual benefit of all lessees at Kuester Lake, pertaining to the use by the <br />several lessees at Kuester Lake of the lake itself, common roads, and the leased premises. It is understood <br />that the basic use of the leased premises shall be for residential purposes, but the Lessor may permit, from <br />time to time, commercial activities on the leased premises. Any such rules, regulations and permits are <br />subject to change by the Lessor, excepting that the basic purpose of the leased premises as residential shall <br />not be abridged. Any changes in the rules and regulations must be approved by a majority of the leaseholders <br />present and voting at a meeting called for such purpose of which written notice has been given to all <br />leaseholders (one vote per Lease). <br />13. Occupancy and Use. Only dwellings intended for occupancy by one family may be constructed <br />upon the leased premises and occupancy by more than one family in any such dwelling shall not be <br />permitted. In no event shall the leased premises be utilized for any commercial or business enterprise. <br />For the purposes of the restricted occupancy herein permitted, a "family" shall be defined as persons <br />related by blood, marriage or adoption, and any persons residing in a committed familial relationship to each <br />other, even if not related by blood or adoption, together with any children in any way related by blood or <br />adoption to either of the persons residing in a committed familial relationship. <br />14. Termination of Lease by Default of Lessee. If the Lessee fails, after ninety (90) days prior <br />written notice from the Lessor, to remedy any default in his compliance with any of the obligations binding <br />upon him or her under this Lease Agreement, or under the Rules and Regulations furnished him or her by the <br />Lessor, the Lessor may, at its option, terminate this Lease and retake possession of the leased premises but <br />only after the following procedure has been complied with: <br />(a) A special meeting of all stockholders of Lessor shall be called by the Board <br />of Directors of Lessor, and written notice of such meeting and its purposes <br />be given all such stockholders. Such meeting shall be called for the <br />purpose of determining by majority vote of the stockholders of Lessor, <br />present and voting, as to whether or not termination of Lessee's Lease <br />should be made because of a default by the Lessee. At least ten (10) days <br />written notice shall be given of any such meeting, and the Lessees shall be <br />given full opportunity to show why their Lease should not be terminated. <br />(b) If a majority of the stockholders of Lessor, present and voting at such <br />meeting, determines that Lessee is in default under this Lease and that the <br />same should be terminated, the Lessee shall have one hundred twenty (120) <br />days within which to remove their improvements on said premises; and, if <br />they fail to remove the same within such 120 days, the Lessor and the <br />Lessee shall join in a public auction of the improvements remaining upon <br />said leased premises, and the net proceeds from any such sale shall be <br />applied as follows: <br />FIRST in the payment of any unpaid rents or other amounts owing <br />by Lessee to Lessor; <br />SECOND any remaining proceeds, subject to the rights of mortgagees, shall be <br />paid to the Lessee. The Lessor agrees to give a new Lease to a suitable <br />purchaser at such public auction. <br />THIS LEASE AGREEMENT shall bind the Lessor and the Lessees and their personal <br />representatives, successors, devisees, legatees, heirs-at-law, and assigns. <br />KUESTER LAKE, INC. <br />By <br />Ju 'e Stutzman, Its President <br />LESSOR <br />Brandon M. Shada <br />LESSEE <br />3 <br />