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20���2��� <br />LEASE AGREEMENT <br />Dated: March 1, 2011 <br />THIS AGREEMENT entered into between KUESTER LAKE, 1NC., LESSOR, and <br />RAYMOND AGUILAR and SUSAN AGUILAR, Husband and Wife, and WILLIAM LAWRENCE, as <br />Joint Tenanfs, LESSEES. <br />I. Description of Leased Premises: <br />Lots Eleven (11) and Twelve (12), situated on the West side of the West <br />portion of Kuester Lake and being on a part of the East Half of the <br />Southwest Quarter (E1/2SW1/4) of Section Thirteen (13), Township <br />Eleven (11) North, Range Nine (9) West of the 6 P.M., Hall County, <br />Nebraska <br />such lot is as shown on a p{at in possession of Lessor. <br />2. Term of Lease: Thirty-five (35) years, cflmmencing March 1, 2011, and terminating <br />March 1, 2046. <br />3. Option to Extend Term: Lessees have the option to extend the term of this Lease for <br />an additional 35 years by giving Lessor notice thereof, in writing, by September 1, 2045. <br />4. Riqht to Assiqnment of Lease: Lessees have the right to assign this Lease provided: <br />(a) Lessees have complied with all terms of this Lease. <br />(b) Lessees transfer to the new owner all interest and ownership of the <br />Lessee in the common stock of Kuester Lake, Inc. <br />(c) The new Lessees agree, in writing, to abide by the terms of the <br />Lease so assigned, any new Lease of these premises, and to abide <br />by the Agreement entered into by this Lessee's predecessors in title <br />with Kuester Lake, {nc. on or about November 4, 1974, the terms of <br />which are incorporated herein by reference. <br />(d) The new Lessees shall be entitled to a new Lease far a 35-year <br />term. The term may be longer if consented to by the Lessor. <br />(e) Any subleasing must have the Lessor's approval. <br />(fl The Lessee has the absolute right to conditionally assign this Lease <br />to any mortgagee for the purpose of furnishing such mortgagee <br />additional security. <br />5. Rent. The Lessees shall pay to Lessor, as annual rent, payable in advance and on or <br />before July first each year, such rent as may be annually determined by the Lessor under the <br />foflowing formula: <br />The annuaf rent shalf be an amount, each year, equal to the result <br />of dividing the tota{ number of residential fessee-stockholder fots <br />into that year's anticipated net budget needs of the Lessor. <br />The computation of the annual rent shall be done by the Lessor, but shall be uniform among a11 <br />lessee-stockholders of Kuester Lake, lnc. ln any event the annual rent of the Lessees shaA not <br />exceed One Hundred Dollars ($100.00) unless a majority of all lessee-stockholders of Kuester <br />Lake, Inc. (one vote for each share), present and voting at a special meeting called for that <br />purpose, shall approve the same. <br />6. Access The Lessees shall have access from the leased premises onto the I_essor's <br />roads and shall also have the right to use the lake for boating, swimming, and fishing. These <br />access rights are in common with the other leaseholders at Kuester Lake. <br />6a. Prior Leases. This Lease replaces and supersedes any prior Lease for said <br />premises which the Lessees or his predecessors in title may have held. <br />7. Determination of Boundaries. The Lessor shall have the right, on a reasonable <br />basis, to determine the boundaries between the Lessees and his neighbors if the Lessees and his <br />neighbors cannot agree to such boundary line. The lake front boundary of the leased premises <br />shall be to the water line as the same may exist from time to time with changes in the water level <br />