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<br />'\ <br />.j <br /> <br />88- 102814 <br /> <br />LEASE AGREBMERT <br /> <br />May 20, 1988 <br /> <br />THIS AGREEMENT entered into between KUESTER LAKE, INC., <br />LESSOR, and DUANE C. BURNEY and BEVERLY J. BURNEY, husband and <br />wife, as joint tenants, whether one or more, LESSEE. <br /> <br />1. Description of Leased Premises: Lot Five (5), having a lake <br />front footage of 50 Feet, situated on the East side of the East <br />portion of Kuester Lake and being on a part of the E!SWt in <br />Section 13, Township 11, Range 9, in Hall County, Nebraska, <br />bounded on the Northerly side by the common road; such lot is as <br />sho~mon a plat in the possession of Lessor. <br /> <br />2. Term of Lease: <br />35 years, commencing June 1, 1988, and terminating May 31, <br />2023. <br /> <br />3. QE.tion to Extend Term: <br />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 January 1, 2023. <br /> <br />4. Right to Assignment of Lease: <br />Lessee has the right to assign this Lease provided: <br />(a) Lessee has complied with all terms of this <br />Lease. <br />(b) Lessee transfers to the new owner all <br />interest and ownership of the Lessee in the <br />common stock of Kuester Lake, Inc. <br />(c) The new Lessee agrees, in writing, to abide <br />by the terms of the Lease so assigned, any <br />new Lease of these premises, and to abide by <br />the Agreement entered into by this Lessee <br />with Kuester Lake, Inc. on or about November <br />4, 1974, the terms of which are incorporated <br />herein by reference. <br />(d) The new Lessee shall be entitled to a new <br />Lease for a 35-year term. The term may be <br />longer if consented to by the Lessor. <br />(e) Any subleasing must have the Lessor's <br />approval. <br />(f) The Lessee has the absolute right to <br />conditionally assign this Lease to any <br />mortgager for the purpose of furnishing such <br />mortgagee additional security. <br /> <br />5. Rent. <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 may <br />be annually determined by the Lessor under the following formula: <br />The annual rent shall be an amount, each <br />year, equal to the result of dividing the <br />total number of residential lessee- <br />stockholder lots into that year's anticipated <br />net budget needs of the Lessor. <br />The computation of the annual rent shall be done by the Lessor, <br />but shall be uniform among all lessee-stockholders of Kuester <br />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 <br />lessee-stockholders of Kuester Lake, Inc. (one vote for each <br />share), present and voting at a special meeting called for that <br />purpose, shall approve the same. <br /> <br />6. 1>.ccess. <br />The Lessee shall have access from the leased premises onto the <br />Lessor's roads and shall also have the right to use the lake for <br />