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79006110
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Last modified
1/13/2010 5:49:36 AM
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1/13/2010 5:49:27 AM
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DEEDS
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79006110
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79~- ~#~:il.:~.~ <br />!° ~ ~ LEASE AGREE.'~iENT <br />THIS AGREE'~ENT entered into between KUr:STER LAKE, INC., LESSOR, and <br />k, ..Floyd A. Gearhart and Etta S. Gearhart husband and wife <br />(as ~oinz tenants} bes~~w~x~~;mcx} ~~,~} (strike out <br />E portion not applicable}.whether one or mare, LESSEE. <br />Lot 7, having a lake front: footage of 8b <br />1. Description of leased premises: Feet, situated on the East side of the <br />West portion of Kuester Lake, and being on a part of the E~SW~ in 5Ection 13.,Town- <br />-ship 11, Range 4, in Ha11 COunty, Nebraska, bounded on the Easterly side by the <br />common road; such lot is as shown on a plat in the possession of the Lessor <br />2. Term of lease: ~~ <br />'j 35 years; commencing Sentembg~,17. 7 979 and terminating <br />~ September 16s 2014 , <br />3. Option to extend term: <br />Lessee has the option to extend the term of this lease far an <br />j additional 35 years by giving Lessor notice thereof, in writing,. <br />~ by fly 1, %e~8x 2013. <br />4. _R_ia13t to assignment of Lease: <br />:.~essee 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 />. o~Nnership of the Lessee in the common stock of <br />Kuester Lake, Inc. <br />(c) The new Lessee egress, 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 Kuester Lake, Irc. <br />• an or about Novembeb 4, 1974, the terms of which: <br />ors incorporated herein by reference. <br />(d} The new Lessee shall be entitled to a new lease for <br />•a 35 year term. The term .,gay be longer if consented <br />to by the Lessor. <br />(e} Any sub-leashg ;,,ust have the Lessor's approval. <br />(f) The Lessee has the absolute right to conditionally <br />assign t.is -lease to any mortgages for the gurpasa <br />of furnishing such mortgagee additional sac~:rity. <br />:. R°n : <br />i=~~ i.ess~~ ztns`;11 _nLcr ~o ;,~~~n__r ~~ ~.~__°~ ~ ~ a' _ °.~~b1F " <br />advance and on or before July first each ye` ~ r~~~ i.; <br />fir, such rent is ~a <br />may bs aually determined by the Lessor under the f~sllowix~ <br />fa.:~;a:.a: <br />Ths annual rent shaii be ar, 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 t,~a <br />Lessor, but shall ba uniform among all lessee-stockholders <br />of KuESter Lake, Irc. In any event, the annual rent or <br />the Lessee shall not exceed One Hundred Dollars ($100,00) <br />unless a r~iajority of ail lessee-stockholders of Kuester <br />Lake, Inc. (one vote far each share), present and voting <br />~ at a spacial meeting called for that purpose, shall <br />;T~g_.~- approve the same. <br />y~~ ~' . _ <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 ors in4common with fibs other leaseholders at <br />Kuester Laka. <br />This lease replaces ane3 supersedes any prior lease far said <br />premises which the lessee or his predecaseors in title may <br />have held< <br />
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