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201405491
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201405491
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Last modified
11/21/2014 8:55:56 AM
Creation date
9/4/2014 9:19:20 AM
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DEEDS
Inst Number
201405491
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OR <br />II. <br />EXERCISE OF FIRST OPTION: This right of first refusal or first option to purchase may <br />only be exercised by Follmer within sixty (60) days from notification by Pearson that <br />Pearson desires to sell the subject property. Pearson is obligated to provide such notice <br />to Folimer prior to offering the subject property to a third party. <br />TERMS OF PURCHASE: In the event Pearson elects to sell and Follmer desires to <br />exercise his first refusal rights granted under the terms of this agreement, the terms of <br />purchase shall be as follows: <br />a) $95,000.00 cash payable at closing, <br />201405491 <br />b) $1.00 more than any bona fide offer to purchase received by Seller from <br />any third party, whichever is higher. <br />IV. <br />TITLE: Within fifteen (15) days after Folimer has exercised his right of first refusal, <br />Pearson shall deliver to Folimer a Commitment for Title Insurance covering the property <br />described above which shall reflect that marketable fee simple title to the subject property <br />is vested in Pearson and that same is insurable by a title insurance company licensed to <br />do business in the State of Nebraska. The Commitment for Title Insurance shall be <br />subject only to taxes for the current year, easements, and rights of way of record, and <br />prior mineral reservations. Should the Commitment for Title Insurance reflect any other <br />exceptions to the title unacceptable to Folimer, Folimer shall notify Pearson in writing of <br />any defects within fifteen (15) days (the title review period) and Pearson shall have a <br />reasonable time (but not more than 25 days) in which to make the title good and <br />marketable or insurable, and shall use due diligence in an effort to do so. If after using <br />due diligence Pearson is unable to make the title acceptable to Follmer within such <br />reasonable time, it shall be the option of Follmer either to accept the title in its existing <br />condition with no further obligation on the part of Pearson to correct any defect, or to <br />cancel this Agreement. If this Agreement is thus cancelled, all money paid by Follmer to <br />the Pearson upon the execution of this Agreement or upon any extension shall be <br />returned to Follmer, and this Agreement shall terminate without further obligation of either <br />party to the other. If title is acceptable to Follmer, the Closing shall occur within fifteen <br />(15) days after expiration of the "title review period ". At Closing Pearson shall convey title <br />to Follmer by Warranty Deed subject only to exceptions acceptable to Folimer. <br />V. <br />OPTION OR FIRST REFUSAL MONEY: Upon execution of this agreement, Follmer has <br />paid Pearson the sum of $10.00 as "First Refusal or Option Money ". The Option Money <br />shall not be deducted from the purchase price of the property and is paid to Seller as <br />consideration for and to make this agreement valid. <br />Page 2 of 4 <br />
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