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201302861 <br />parties further agree that WCT's Right of First Refusal shall not apply to <br />the sale of any of the Property at a public sale or auction; provided, <br />however, PRRIF, its successors and assigns agree to notify WCT in <br />writing of any proposed public sale or auction of the Property at least ten <br />(10) days prior to the proposed public sale or auction. <br />b. The Right of First Refusal contained herein shall be recorded on the <br />Property with the Hall County, Nebraska, Register of Deeds. <br />2. Release and Termination of Easement Grant. Except as to WCT's Right of First <br />Refusal contained in the Easement Grant and as affirmed, amended, and ratified by Section 1 of <br />this Agreement, WCT and PRRIF hereby agree as follows: <br />a. WCT hereby releases its rights and privileges under the Easement Grant. <br />b. WCT and PRRIF hereby terminate the Easement Grant. <br />c. The release and termination of the Easement Grant contained herein shall <br />be recorded on the Property with the Hall County, Nebraska, Register of <br />Deeds. <br />3. Costs. The costs related to this agreement shall be as follows: <br />a. Each party shall be responsible for its own attorneys' fees. <br />b. WCT and PRRIF shall split the costs of recording this Agreement. <br />4. Representations and Warranties of PRRIF. PRRIF is a Nebraska nonprofit <br />corporation, acting in its fiduciary capacity as trustee, duly organized, legally existing, and in <br />good standing under the laws of the State of Nebraska. PRRIF has full right, power and <br />authority, without the necessity, consent or approval of any other person or entity, to enter into <br />this Agreement and perform its obligations hereunder. To the best of PRRIF's knowledge and <br />belief, this Agreement does not and will not violate any contract or agreement to which PRRIF is <br />a party. <br />5. Representation and Warranties of WCT. WCT is a Nebraska nonprofit <br />corporation, duly organized, legally existing, and in good standing under the laws of the State of <br />Nebraska. WCT has full right, power and authority, without the necessity, consent or approval of <br />any other person or entity, to enter into this Agreement and perform its obligations hereunder. To <br />the best of WCT's knowledge and belief, this Agreement does not and will not violate any <br />contract or agreement to which WCT is a party. <br />660318v4 <br />