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<br />LEASE OF PROPERTY <br /> <br />THIS LEASE now made by and between Cass County, North Dakota (hereinafter <br />"County") and Fercho Family Farms, LLLP., 4903 Rose Creek Parkway South Fargo, North <br />Dakota 58104-6846 (hereinafter" Lessee"). <br /> <br />THE PARTIES HEREBY COVENANT AND AGREE AS FOLLOWS: <br /> <br />I. Property: The County hereby offers to lease, and the Lessee agrees to lease, the property <br />situated in the Township of Noble, County ofCass, State of North Dakota, described as: <br />25-143-49 Part of Government Lots I & 2 Commencing at the NW Comer of Section <br />25 then N 90DegOO'OO" E Along N line of Section 25 for 2232.00' then S 04Deg08'25" E <br />for 249.03' then S 04Degrees 02'07" W for 107.68' then S 41Deg 38'49" W for 62.91' to <br />the point of Beginning. Then S 18Deg07'22" E for 45.24' then S OODegOO'OO" E for <br />184.29' then N 90DegOO'OO" W for 180' then N OODegOO'OO" W for 245.4' then N <br />90DegOO'00" East for 160' then S I 8Deg07'22 " E for 19.05' to Point of Beginning. Said <br />tract contains 1.0 acre more or less (hereinafter "property"). <br /> <br />2. Term: The term of this lease shall commence on January 1,2007 and expire at midnight <br />on December 31,2011. <br /> <br />3. Rent: Rent shall be $10 dollars per year, payable in advance of the commencement day, to <br />the County by and through the Cass County Auditor at the address given in the section <br />herein entitled Notices. <br /> <br />4. Use: The property shall only be used for purposes consistent with those contained in <br />Exhibit I (attached). Furthermore, the property shall not be used for, among other <br />purposes, parking vehicles; building any kind of structure without prior written approval <br />of the County; storage of any kind of equipment or personal property; placement of any <br />signs; raising or keeping of animals; or disposal of any kind of materials, whether <br />hazardous or not. The determination of compliance with these limitations on use of the <br />property shall be at the County's sole discretion. <br /> <br />5. Delivery of Possession: Lessee acknowledges that Lessee has inspected the property and <br />accepts it as suitable for the purpose and use described in this Lease and that the property <br />then complies with the use limitations. <br /> <br />6. Insurance: At all times during the term of this Lease, Lessee shall maintain at Lessee's <br />sole expense, public liability and property damage liability insurance in an amount not <br />less than $500,000. Lessee shall deliver to County a copy of the certificate of insurance <br />prior to the commencement, and renewal if applicable, of this Lease. County makes no <br />representation that the limits of liability specified herein are adequate to protect Lessee. <br /> <br />Page I of 4 <br />