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<br /> <br />LEASE AGREEMENT <br />THIS AGREEMENT entered into between KUESTER LAKE, INC., LESSOR, and-:= <br />WA1?E R. ZERSEN and .HOLEY L-. ZERSEN: <br />as point tenants lfsot <br />portion, not applicable) whether- one or more, LESSEE. <br />1. -escri tion of Leased Premises: Lot 25 and the Southerly IO Feet of Int 24 <br />having a lake front footage o Feet and situated on the West side of the West por- <br />tion of Koester Lake, and being on a part of the E~SW~, Section Thirteen (13) Township, <br />Eleven (llj North, Range Ni[ie (9), West of cne 6th- P.iti., in Hail C~ouniy, Nebras'~ca,. <br />bounded oa the Westerly side by the common road, and as shown on a plat- in the posses <br />lion of the Lessor. <br />2. Term of Lease: <br />35 years, commencing January I6, 1984 and terminating <br />January 15, 2019 <br />3. Option to Extend Term: <br />Lessee has the opts on to extend the term of this Lease. for an <br />additional 35 years by giving Lessor notice thereof, in writing, <br />by July 1, 2018 <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) Leasee transfers to the new owner all interest and <br />ownership of the Lessee in the common stock of <br />Koester Lake, Inc. <br />(c} The new Lessee agrees, in writing, to abide by the <br />terms of the Lease so assigned, any new Lease for <br />these premises, and to abide by the Agreement ent- <br />ered into by this Lessee with Koester Lake, Inc. on <br />or about November 4, 1974, the terms of which are <br />incorporated herein by reference. <br />(d) The new Lessee shah 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 far 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 fallowing formula: <br />The annual rent shall be an amount, each year, <br />equal to the resulC of dividing the total num- <br />ber of residential lessee-stockholder lots iota <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 alI lessee-stockholders of Koester <br />Lake, Inc. In any event, the annual rent of the Lessee shall <br />not exceed One Hundred Dollars 0100.00) unless a majority <br />of all lessee-stockholders of Koester 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 />b:: Ac.ess: <br />The Lessee shall have access €rom the leased premises onto the <br />Lessor's xoads and shall also have the right to use the lake <br />tar basting, swimming, a.nd fishing. These access rights are in <br />common wi+~h tlse other leaseholders at Koester Lake. <br />~a. Yrior Leasee; <br />iris east replaces and supersedes any prier Lease far said prem- <br />. isea vhich.Che Lessee or hss predecessors in title may have held. <br />