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<br />LEASE OF PROPERTY <br /> <br />THIS LEASE now made by and between Cass County, North Dakota (hereinafter "County") <br />and Fercho Family Farms, LLLP., 4903 Rose Creek Parkway South Fargo, North Dakota 58104- <br />6846 (hereinafter "Lessee"). <br /> <br />THE PARTIES HEREBY COVENANT AND AGREE AS FOLLOWS: <br /> <br />1. Property: The County hereby offers to lease, and the Lessee agrees to lease, the property <br />situated in the Township of Noble, County of Cass, State of North Dakota, described as: <br />23-143-49 Described Tract S 496.92' of Auditor's Lot 1 ofNW 1/4 ofNW 1/4, also known <br />as Tract B. Said tract contains 9.79 Acres more or less. (hereinafter "property"). <br /> <br />2. Term: The term of this lease shall commence on January 1,2007 and expire at midnight on <br />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 Exhibit <br />1 (attached). Furthermore, the property shall not be used for, among other purposes, parking <br />vehicles; building any kind of structure without prior written approval of the County; storage <br />of any kind of equipment or personal property; placement of any signs; raising or keeping of <br />animals; or disposal of any kind of materials, whether hazardous or not. The determination <br />of compliance with these limitations on use of the property shall be at the County's sole <br />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 sole <br />expense, public liability and property damage liability insurance in an amount not less than <br />$500,000. Lessee shall deliver to County a copy of the certificate of insurance prior to the <br />commencement, and renewal if applicable, of this Lease. County makes no representation <br />that the limits of liability specified herein are adequate to protect Lessee. <br /> <br />7. Indemnification: County shall not be liable for any damage to Lessee, or any other person, or <br />to any property, occurring on the premises or any part thereof, unless such damage is the <br />proximate result of the negligence of an unlawful act of the County. Lessee agrees to hold <br />the County harmless from any claims for damages occurring on the property, no matter how <br />caused, except for injury damages for which County is legally responsible. <br /> <br />Page 1 of 4 <br />