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LEASE
<br />THIS LEASE IS ENTERED INTO between Terry L. Broadfoot, a single person, whose mailing address is 716
<br />Second Avenue, Kearney, Nebraska 68845, and telephone number is (308) 236 -5301, and Broadfoot Sand and Gravel,
<br />Inc., a Nebraska Corporation (hereinafter referred to as the "Owner "), and Platte River Recovery Implementation
<br />Foundation, Trustee (hereinafter referred to as the "Tenant ").
<br />1. DESCRIPTION OF PROPERTY. The Owner hereby leases to the Tenant real estate owned by Terry
<br />L. Broadfoot and located in the Northwest Quarter (NWl /4) of Section 14, Township 8 North, Range 16 West of the 6th
<br />P.M., Buffalo County, Nebraska, consisting of approximately fifteen (15) acres, together with an ingress- egress easement on,
<br />over and across an existing roadway on real estate owned by Broadfoot Sand and Gravel, Inc., and located in the Northeast
<br />Quarter (NE1 /4) of Section 14, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, all of which is
<br />shown more particularly on the attached Exhibit "A" that is made a part hereof by this reference (hereinafter referred to as
<br />"the property").
<br />2. TERM OF LEASE. The term of this lease shall be from April 15, 2010 to October 1, 2019; provided,
<br />however, at any time during the term of this lease, the Owner may terminate this lease upon two (2) months written notice to
<br />the Tenant along with the repayment to the Tenant of that portion of the up front cash rent payment prorated on a monthly
<br />basis for remaining term of this lease. Any extension of this lease must be in writing and attached to this lease. Both parties
<br />agree that the failure to execute an extension at least two (2) months before the end of the current term shall be constructive
<br />notice of the intent to allow this lease to expire.
<br />3. USE AND OCCUPANCY. The property herein leased shall be used and occupied by the Tenant, and its
<br />employees agents, contractors, invitees, and guests, exclusively for bird nesting studies and to clear vegetation from the
<br />peninsula area only. The Tenant shall have the right and ability to fence off the neck of the peninsula to prevent predator
<br />access with the fence being an electric low wire with solar battery. The Tenant may stabilize the peninsula shoreline with
<br />approved methods of the MSHA in order to protect individuals and equipment used to remove vegetation and to make the
<br />-area safe for its intended usage by all parties.. Any expense to stabilize banks on the property will be borne by the Tenant
<br />and all stabilization work will be coordinated with the Owner. The Tenant covenants and agrees to comply with all statutes,
<br />rules, orders, regulations and requirements of federal, state, county, and city government regulating the use by the Tenant of
<br />the premises and warrants that all of the Tenant' -s employees; agents, and contractors shall be MSHA trained. - Any and all
<br />fines, costs and expenses as a result of any work done or not done on the property by the Tenant during the term of this lease
<br />as- required by the MSHA shall be paid by the Tenant - and the Tenant agrees to indemnify and -hold harmles9i:the Owner,
<br />against all liability, loss, cost, damage, or expense sustained by the Owner related to such fines, costs and expenses.
<br />4. CASH RENTAL. Cash rent during the tern of this lease shall consist of a onetime up front payment of
<br />Thirty-seven Thousand Five Hundred Dollars ($37,500) due and payable on or before July 15, 2010.
<br />5. TENANT'S AGREEMENTS. The Tenant agrees that:
<br />(a) Removal of Personal Property. Upon termination of this lease or any extension or renewal thereof, the
<br />Tenant shall have thirty (30) days to remove any and all personal property of the Tenant, even though said property may be
<br />attached to the realty; provided, the Tenant shall repair all damages to the property caused by the installation and removal.
<br />Failure or refusal of the Tenant to remove any or all of the personal property within such time period shall cause the Tenant
<br />to forfeit all rights in and to such personal property and such personal property shall become the property of the Owner.
<br />(b) Indemnification of Owner. The Tenant agrees to indemnify and hold harmless the Owner against all
<br />liability, loss, cost, damage, or expense sustained by the Owner arising out of, directly or indirectly, or due to the Tenant's
<br />use of the property or due to any accident or other occurrence causing injury to any person or persons or damage to property
<br />resulting from the Tenant's use of the property. The Tenant shall keep in force Tenant's own liability insurance policies as
<br />will fully protect the Tenant and the Owner against claims against any and all persons for personal injury, death, or property
<br />damage occurring in or about the property.
<br />0) Delivery of Possession. The Tenant agrees to yield possession of the property to the Owner and vacate
<br />the property at the expiration of the term of this lease without further notice.
<br />OWNER'S AGREEMENTS. The Owner agrees that:
<br />PARKER, GROSSART, BAHENSKY & BEUCKE, L.L.P.
<br />1516 FIRST AVENUE, KEARNEY, NE 68947
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