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413970 Land Lease and Wind Easement • This Land Lease and Wind Easement ("Lease") is made on December»;'1 1999 between Richard Toth, Trustee of the Irrevocable Trust of Ernest J. Toth and Doris Toth dated August 15, 1985 and Ernest J. Toth and Doris Toth, husband and wife, trustors (collectively hereinafter "Lessor"), and Metro Wind LLC, a Minnesota limited liability company (hereinafter "Lessee"). Lessor and Lessee mutually agree as follows: ARTICLE I. Premises Section 1.1 General (a) Lessor leases to Lessee and Lessee leases from Lessor the real property legally described in Exhibit A attached hereto (the "Premises") for the sole purpose of constructing, installing, operating and maintaining wind energy conversion turbines, supporting structures, foundations and pads, footings, electrical transformers, fixtures, electric distribution and transmission lines, access roads, interconnection facilities and related facilities and equipment (hereinafter "Wind Facilities") on the Premises to the extent set forth in this Lease. (b) Lessee shall use the premises only for the construction, installation, maintenance, and operation of the Wind Facilities. Any improvements, fixtures or other structures, other than the Wind Facilities shall not be installed without the express • written consent of Lessor. During the initial period of construction, Lessee shall also be entitled to ingress and egress to and for its Wind Facilities and appurtenant equipment and electrical power lines over the Premises and such additional areas of the Premises as shall be reasonably necessary to access a public roadway. (c) Upon the completion of installation of Lessee's Wind Facilities a final survey will be performed by Lessee to identify those portions of the Premises occupied or used by any of Lessee's Wind Facilities and appurtenances, and the description of that portion of the Premises (the "Occupied Premises") shall be appended to this Lease as Exhibit B. Lessee reserves the right to locate new Wind Facilities or to relocate existing Wind Facilities upon the Premises during the term of this Lease, subject to Lessor's approval, in which case a new Exhibit B will be prepared and appended to this Lease. Lessor shall retain the right to use that portion of the Premises not within the Occupied Premises to the extent its use is consistent with Sections 1.2 and 6.2, for ranching, grazing, conservation or other purposes and Lessor shall be entitled to use any private road constructed by Lessee on the Occupied Premises for access to the balance of the Premises. Section 1.2 Wind Easement Any obstruction to the free flow of the wind is prohibited throughout the entire • area of the Premises, which shall consist horizontally three hundred and sixty