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85---fl05958 <br />LEASE AGREEMENT <br />THIS AGREEMENT entered into between KUESTER LAKE, INC., LESSOR, and <br />as ,point tenants amid- �am� xioxxooamm=) (atstxwxims:xxum =) (strike ou <br />portion not applicable) whether one or more, LESSEE. <br />1. Description of Leased Premises: The Southerly one -half of Lot 8, and all of <br />Lot 9, having a lake front footage of 75 feet, situated on the West side of the West por- <br />tion of Kuester lake and being on a part of the Ek-SA in Section 13, Township 11, Range <br />9, in Hall County, Nebraska, bounded on the Northwesterly side by the common road; such <br />lot is as shown on a plat in the possession of the Lessor. <br />2. Term of Lease_ <br />years, commencing December 1, 1985, and terminating <br />November 30, 2020 <br />3. Option 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 July 1, 2019. <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 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, arty new Lease for <br />these premises, and to abide by the Agreement ent- <br />ered into by this Lessee with Kuester Lake, Inc. on <br />or about November 4, 1974, the terms of which are <br />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 subleasing 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 />5. Rent: <br />The Lessee shall pay to Lessor, as annual rent, payable in ad- <br />vance and on or before July first each year, such rent as may be <br />annually determined by the Lessor under the following formula: <br />The annual rent shall be an amount, each year, <br />equal to the result of dividing the total num- <br />ber of residential lessee-stockholder lots into <br />that year's anticipated net budget needs of the <br />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 <br />not exceed One Hundred Dollars ($100.00) unless a majority <br />of all lessee-stockholders of Kuester Lake, Inc. (one vote for <br />each share), present and voting at a special meeting called <br />for that purpose, shall approve the same. <br />6. Access: <br />- 'FE-e—Eessee shall have access from the leased premises onto the <br />Lessor's roads and shall also have the right to use the lake <br />for boating, swimming, and fishing. These access rights are in <br />common with the other leaseholders at Kuester Lake. <br />ba. Prior Leases: <br />TEN Le&We— replaces and supersedes any prior Lease for said prem- <br />ises which the Lessee or his predecessors in title may have held. <br />