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201103561
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Last modified
5/12/2011 8:53:14 AM
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5/12/2011 8:43:02 AM
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DEEDS
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201103561
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20110356� <br />LEASE AGREEMENT <br />THIS AGREEMENT entered into between KUES�'ER LAKE, INC., LESSOR, and David <br />C. Powers and Rosemary Powers, husband and wife as joint tenants, LESSEE. <br />1. Description of Leased Premises: <br />Lot Twenty-One (21) situated on the West side of the West Portion <br />of Kuester Lake and being on a part of the East Half of the <br />Southwest Quarter (E 1 /x SW 1 /4) of Section Thirteen (13), Township <br />Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall <br />County, Nebraska, <br />such lot is as shown on a plat in possession of Lessor. <br />2. Ternn of Lease: Ninety-nine (99) years, commencing April 15, 201 l, and terminating <br />April 15, 2110. <br />3. Option to Extend Term: Lessee has the option to extend the term of this Lease for an <br />additiona199 years by giving Lessor notice thereof, in writing, by December 31, 2109. <br />4. Right to Assignment of Lease: 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 ownership of the <br />Lessee in the common stock of Kuester Lake, Inc. <br />(c) The new Lessee agrees, in writing, to abide by the terms of the Lease <br />so assigned, any new Lease of these premises, and to abide by the <br />Agreement entered into by this Lessee's predecessors in title with <br />Kuester Lake, Inc. on or about November 4,1974, the terms of which <br />are incorporated herein by reference. <br />(d) The new Lessee shall be entitled to a new Lease for a 99-year term. <br />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 Lessee 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 />following formula: <br />The annual rent shall be an amount, each year, equal to the result of <br />dividing the total number of residential lessee-stockholder lots into <br />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 all <br />lessee-stockholders of Kuester Lake, Inc. In any event the antival rent of the Lessee shall not <br />exceed One Hundred Dollars ($100.00) unless a majority of all lessee-stockholders of Kuester Lake, <br />Inc. (one vote for each share), present and voting at a special tneeting called for that purpose, shall <br />approve the same. <br />6. Access. The Lessee shall have access from the leased premises onto the Lessor's roads <br />and shall also have the right to use the lake for boating, swiinming, and fishing. 'These access rights <br />are in common with the other leaseholders at Kuester Lake. <br />6a. Prior Leases. This Lease replaces and supersedes any prior Lease for said premises <br />which the Lessee or his predecessors in title may have held. <br />
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