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79007971
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Last modified
1/13/2010 10:26:41 AM
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1/13/2010 10:26:31 AM
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DEEDS
Inst Number
79007971
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<br />LEASE AGI2EEJ~+L~NT <br />THIS AG.=2EEN~ENT entered into between ;{liESTSFt LAKr., INC. , LESSOR, and <br />VERNA SCHWARZ <br />~aa-~eax~-~ena~s) -(-e-s--s-3-rrre~r) (as sofa ov~mer) '(strike out <br />portion not applicable) whether one or more, L~S~EE.'~' <br />I. Description of Leased premise: Lot I1, having a Lake front footage of <br />100 feet situated on the East side of the West portion of Kuester Lake and beingg <br />on a part of the East Half of the Sotizthwest t~uarter ~E~SW~) of Section 13,Township. <br />1 North Ran e 9, W. 6th P.M. H lI Count hE unc~ec~ on the n r ea terl side <br />~y a comfion r~ad; such road zs s~iown on p~~t i~ ~~ie possession ag ~~ie leaser. <br />2. Term of lease- <br />35_years, commencing September 1, 1978 aa,l terminating <br />Aueust 31a 2013 ' <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, 2009. <br />4. Rig~}t to assign.~nent 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 />owizership of the Lessee in the common stock of <br />~,~ester Lakes Inc. <br />(c) The new Lessee agrees, in writing, to abide by the <br />terms of the leases so assigned, any new lease for <br />these premises, and to abide by the Agreement <br />entered into by this Lassae with Kuester Lake, Inc. <br />' on or about November 4, 197, the terms of which <br />era 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 sub-leasing must have ~he Lessor's approval. <br />(f) The Lessee has the absaluta right to conditionally <br />assign this lease to any mortgagee for the purpose <br />of furnishing such mortgagee adcutional security. <br />~. ~tentr <br />- T,ie Lessee a,iaii pay to ++eSs~rs as a.:;:ual r2:~,t, payable in <br />advance arfl on or before .Tiny first each year, such rent as <br />`_ may be annually determined by the Lessor under the fallowing <br />f'ozznula: <br />The annual rent shah be an amount, each yea~, <br />equal to the result of dividing the tatal~ <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 Kuester Lake, Trc. In any event, the annual rent of <br />the Lessee shall not exceed Ona Hundred 1~ollars 0100.00) <br />unless a majority of all lessee-stockholders of Kuester <br />Lake, Inc. (one vote for each share}, present and vgting <br />at a special meeting called for that purpose, shall <br />approve the same. <br />~,, } -~ <br />6. Access: <br />The Lessee shall "nave access from the leased premises unto <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 />Kuester Lake. <br />Z°his lease replaces and supersedes any prior lea$a for said <br />premises which tY~e lessee or his predacas~pra iz~ title may <br />have held, <br />
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