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LEASE AGREEMENT
89358,5
LINCOL['~J 'Cg!.!r',.!TY CLERK
03Sr'?!!'~ ?i! 2:53
THIS LEASE AGREEMENT made and entered into to be effecti~gx~ig!0f'ttiO: ', rT: i' }r: r~
/"fl day of September, 2003, by and between Sven E. Johnson of Etna, W~,b~ming~;. '-'.":' :'. '-! I '~ ~;
hereinafter referred to as "LESSOR", and Gregory T. Seith, of Etna, Wyoming,
hereinafter referred to as "LESSEE".
WITNESSETH, that Lessor does by these presents lease and demise unto Lessee,
and Lessee does by these premises lease and accept from Lessor, the following described
premises, hereinafter referred to as the leased premises:
The northern-most approximately two and one-half acre portion of the
property as shown on the map attached hereto, labeled "2.689 Acres".
Also, the right to use the well and the septic system on the property.
upon the following terms and conditions, to-wit:
1. LEASE TERM: This lease is for the term of two (2) years, commencing
on the /-') day of September, 2003, and ending on the / ~ day of September, 2005,
both dates inclusive.
2. RENT: This lease is made for and in consideration of, and Lessee agrees
to pay to Lessor, One Dollar ($1.00) rent, payable at the start of this lease, and on the
_~2_ day of September, 2004, mailed to P.O. Box 5035, Etna, Wyoming 83118, or such
other place as Lessor may designate.
3. SECURITY DEPOSIT: No security deposit is required under this lease.
4. RESTRICTION ON USE: Lessee may use and occupy the leased
premises as he sees fit, subject only to the restriction that Lessee shall not commit waste
thereon, or use or knowingly permit any part of the leased premises to be used for any
unlawful purpose.
5. . COVENANT OF QUIET ENJOYMENT: Lessee, upon payment of the
rent herein reserved and upon performance of all of the covenants of this lease, shall at all
times during this lease term peaceably and quietly enjoy the leased premises without
disturbance from Lessor or from any other person claiming through Lessor.
6. SURRENDER UPON TERMINATION: At the expiration of the lease
term, Lessee shall surrender the leased premises in as good condition as it was at the
beginning of the term, reasonable wear and tear and damages by the elements excepted.
7. UTILITIES: Lessee agrees to pay for all utilities that are necessary in
connection with the leased premises except for use of the well and septic systems; the
well and septic systems shall be made available to Lessee by Lessor without charge, and
Lessor shall be responsible for ensuring that the well and septic system are operational, in
accordance with all applicable legal requirements for well and septic systems, and shall
pay any and all costs required to so ensure the proper operation of the well and septic
system.
8. MAINTENANCE OF LEASED PREMISES: Lessee shall maintain the
leased premises at all times in a clean and orderly condition.
9. ASSIGNMENT AND SUBLETTING: With notice to Lessor, Lessee
may assign this lease and/or sublet or grant any concession or license to use the leased
premises or any part thereof. Any assignment or Subletting shall be subject to all of the
terms and conditions of this lease.
10. LESSOR'S RIGHT OF ACCESS: Lessor and Lessor's representatives
may enter the leased premises at any reasonable time for the purpose of inspecting the
leased premises, exhibiting the leased premises for sale, lease or mortgage financing, or
for posting notices of non-responsibility under any mechanics' lien law.
11. BINDING EFFECT: The covenants, terms, conditions, provisions, and
undertakings in this lease shall extend to and be binding upon heirs, executors,
administrators, successors, and assigns of the respective parties hereto.
12. ATTORNEY'S FEES: Lessor and Lessee hereby agree that in the event
either party shall be required to obtain the services of legal counsel for the purpose of
enforcing any covenants of this lease, then in such event the successful party shall be
entitled to recover any and all costs incurred and a reasonable sum for attorney's fees.
t3. ENTIRE AGREEMENT: This lease contains the entire agreement
between the parties and cannot be changed.or terminated orally, but only by an agreement
in writing, signed bythe party against whom enforcement of any waiver, change,
modification, or discharge is sought.
14. SUBORDINATION: This lease is subject and subordinate to all
mortgages which may now or hereafter affect such lease of the real property of which
demised premises form a part, and to all renewals, modification, congolidations,
replacements, and extensions thereof. This clause shall be self-operative and no further
instrument of subordination shall be required by any mortgagee. In confirmation of such
subordination, Lessee shall execute promptly any certificate that Lessor may request.
Lessee herby constitutes and appoints Lessor as Lessee's attorney-in-fact to execute any
such certificate or certificates and on behalf of Lessee.
IN WITNESS WHEREOF, the parties have hereunto set their hands to be
effective on the day and year first above written.
LESSOR: LESSEE:
363
Gll~EGOR~ T. SEITI¥
DATE: dP ~'-/7 --~_~
SEP-16-200~ 03:23P FROM:
TO:B853513
P: 3,"3
ACKNOWLEDGEMENT
State of
County
The foregoing instruments were acknowledged before me this
day of .,~&rn&r' ,2003. by ::5've.,q E- ~t~,-~vo
365
WITNESS my hand and official seal.
SEAL
NOTARY PUBLIC
State of Wyoming
County of Lincoln
The foregoing instrument:: was acknowledged bef~ me this 16th day of
September, 2003 by Gregory T. Seith. ' t ~
My Commission Expires: February 2, 2006 Notary Public ~ ~
~l.J~ ~ · NOTARY Pt~UC