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`~ 79-y, c~ 3 332 <br />LEASE AGREEMENT N~ 3~/ <br />~~', 1979 <br />THIS AGREEMENT entered into between KUESTER LAKE, IL3C., LESSOR, and <br />(as joint tenants) (as--tenam-~-i~r~}--Fa-s~-sc~l-e-c~x~r) (strike out <br />portion not applicable) whether one or more, LESSEE. <br />Lot 5, having a lake front footage of <br />1. D scri tion of leased remises: 50 feet, situated on the West side of the <br />West portion o uester Lake and being on a part of the E'~SW4 in Section 13, <br />Township 11, Range 9, in Ha1I County, Nebraska, bounded on the Northerly side <br />by the common road; such lot is as shown on a plat in the possession of the <br />2. Term of lease: 3a, Lessor. <br />years, commencing 1979 and terminating <br />May 31, 2014 <br />3. Option to extend term: <br />Lessee has the option to extend the term of this lease for an <br />additional 35 ears by giving Lessor notice thereof, in writing, <br />by July 1, ~. 2013. <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 />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 <br />entered into by this Lessee with Koester Lake,. Inc. <br />on or about November 4, 1974, the terms of which <br />are incorporated herein by reference. <br />{d) The new Lessee shall be entitled Lo a new lease for <br />a 35 year term. The term may be longer if consented <br />to by the Lessor. <br />(e) Any sub-leasing 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 <br />advance and on or before July first each year, such rent as <br />say be aruzually deter•nined by the Lessor under the following <br />formula: <br />The annual rent shall be an amount, each year, <br />equal to the result of dividing the total <br />number of residential lessee-stockholder lots <br />into that year's anticipated net budget needs <br />of the Lessor. <br />The computation of the annual rent shall be done by the <br />Lessor, but shall be uniform among all lessee-stockholders <br />of Koester Lake, Inc. In any event, the annual rent of <br />the Lessee shall not exceed One Hundred Dollars ($100.00) <br />unless a majority of all lessee-stockholders of Koester <br />Lake, Inc. (one vote for each share), present and voting <br />at a special meeting called for that purpose, shall <br />approve the same. <br />_4y -- <br />6. Access: <br />The Lessee shall have access from the leased premises onto <br />the Lessor's roads and shall also have the right to use <br />the lake for boating, swimming and fishing. These access <br />rights are in common with the other leaseholders at <br />Koester Lake. <br />6-a.-Prior Leases: <br />This lease replaces and supersedes any prior lease far said <br />premises wh:.ch the lessee or his predecessors in title may <br />have held. <br />