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88- 104151 LEASE AGREBIIBNT THIS AGREEMENT entered into between KUESTER LAKE, INC., LESSOR, and JAMES D. SWIATOVIAK and LAUREN F. SWIATOVIAK, as joint tenants, whether one or more, LESSEES. 1. Description of Leased Premises: Lot Twenty-Eight (28), Kuester Lake, having a lake front footage of 100 Feet and situated on the West side of the East portion of Kuester Lak~ and being a part of the East Half of the Southwest Quarter (EtSWt), in Section Thirteen (13), Township Eleven (11) North, Range Nine (9), West of the 6th P.M., in Hall County, Nebraska, bounded on the Westerly side by a common road. such lot is as shown on a plat in possession of Lessor. 2 . Term of Lease: 4-uL.. 2. '1 35 years, commencing~, 1988, and terminating July 31, 2023. 3. Option to Extend Term: Lessee has the option to extend the term of this Lease for an additional 35 years by giving Lessor notice thereof, in writing, by February 1, 2023. 4. Right to Assignment of Lease: Lessee has the right to assign this Lease provided: (a) Lessee has complied with all terms of this Lease. (b) Lessee transfers to the new owner all interest and ownership of the Lessee in the common stock of Kuester Lake, Inc. (c) The new Lessee agrees, in writing, to abide by the terms of the Lease so assigned, any new Lease of these premises, and to abide by the Agreement entered into by this Lessee with Kuester Lake, Inc. on or about November 4, 1974, the terms of which are incorporated herein by reference. (d) The new Lessee shall be entitled to a new Lease for a 35-year term. The term may be longer if consented to by the Lessor. (e) Any subleasing must have the Lessor's approval. (f) The Lessee has the absolute right to conditionally assign this Lease to any mortgagee for the purpose of furnishing such mortgagee additional security. 5. ~ The Lessee shall pay to Lessor, as annual rent, payable in advance and on or before July first each year, such rent as may be annually determined by the Lessor under the following formula: The annual rent shall be an amount, each year, equal to the result of dividing the total number of residential lessee- stockholder lots into that year's anticipated net budget needs of the Lessor. The computation of the annual rent shall be done by the Lessor, but shall be uniform among all lessee-stockholders of Kuester Lake, Inc. in any event the annual rent of the Lessee shall not exceed One Hundred Dollars ($100.00) unless a majority of all lessee-stockholders of Kuester Lake, Inc. (one vote for each share), present and voting at a special meeting called for that purpose, shall approve the same.