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<br />~ <br /> <br />L <br /> <br />200810181 <br /> <br />Lessor may, at its option, terminate this Lease and retake possession of the leased <br />premises but only after the following procedure has been complied with: <br /> <br />(a) A special meeting of all stockholders of Lessor shall be called <br />by the Board of Directors of Lessor, and written notice of such <br />meeting and its purposes be given all such stockholders. <br />Such meeting shall be called for the purpose of determining <br />by majority vote of the stockholders of Lessor, present and <br />voting, as to whether or not termination of Lessee's Lease <br />should be made because of a default by the Lessee. At least <br />ten (10) days written notice shall be given of any such <br />meeting, and the Lessee shall be given full opportunity to <br />show why his or her Lease should not be terminated. <br /> <br />(b) If a majority of the stockholders of Lessor, present and voting <br />at such meeting, determines that Lessee is in default under <br />her Lease and that the same should be terminated, the <br />Lessee shall have one hundred twenty (120) days within <br />which to remove his or her improvements on said premises; <br />and, if he or she fails to remove the same within such 120 <br />days, the Lessor and the Lessee shall join in a public auction <br />of the improvements remaining upon said leased premises, <br />and the net proceeds from any such sale shall be applied as <br />follows: <br /> <br />FIRST in the payment of any unpaid rents or other amounts owing <br />by Lessee to Lessor; <br /> <br />SECOND any remaining proceeds, subject to the rights of <br />mortgagees, shall be paid to the Lessee. The Lessor agrees to give a new <br />Lease to a suitable purchaser at such public auction. <br /> <br />THIS LEASE AGREEMENT shall bind the Lessor and the Lessee and their <br />personal representatives, successors, devisees, legatees, heirs-at-Iaw, and assigns. <br /> <br />KUESTER LAKE, INC. <br /> <br />~/)~~ <br /> <br />In :: Carol Boltz, s esident <br />II' /' LESSOR <br /> <br />~~()((]/flI) <br /> <br />LESSEE <br /> <br />STATE OF NEBRASKA ) <br />) 55. <br />COUNTY OF HALL ) <br /> <br />The foregoing instrument was acknowledged before me this J I "':!J day of December, <br />2008, by eal~~~, \~ . , ~f ~v~ster bak~ lnQ., a NebrSlska corporation, on behalfRf the < 0" L" <br />corporation. LA.. ~ es V I C12->~-;;;.( &t~ 4iJ r ~ ~ 4So 1+-2,- </fILR..rl), ~r- <br /> <br />_NQTNIY....,."".... ~J... )) Jd.. ~ <br />JUDY M. HAMMERMEISTER ~ ../ <br />My COmm. Exp. Dec. 25, 2008 . <br />-. tary blic <br />STATE OF NEBRASKA) l <br />) 55. <br />COUNTY OF HALL ) <br />"-'t4 <br />The foregoing instrument was aCknowledged before me this k day of December, <br />2008, by Mary Ann Chmelka, Lessee. <br /> <br /> <br />~",a~ <br />Notary blic <br /> <br />GENERAL NOTARY - State of Nebraska <br />ELIZABETH A GARDUNO <br />My Comm. Exp. March 2, 2009 <br />