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or transfer the same. If said sale or transfer occurs within five (5) years from the date this <br />Agreement is filed of record on the real property, the selling price shall be set at $3,900.00 per <br />acre. If said sale or transfer occurs after said five -year period, the selling price shall be set at fair <br />market value. The fair market value of the property shall be as agreed in good faith by the <br />SELLER and BUYER; provided that, if no such agreement has been reached within thirty (30) <br />days of SELLER providing its written intent to sell or transfer said property, then the fair market <br />value shall be determined by an independent and duly qualified appraiser mutually agreeable to <br />the parties, which shall bear equally the cost of such appraisal. The fair market value of the <br />property shall be payable by the BUYER to the SELLER within ninety (90) days of the <br />establishment of such fair market value. All standard closing costs, fees and expenses shall be <br />equally paid by the SELLER and BUYER. <br />12. Binding Effect. This Agreement shall be binding upon the parties hereto and their <br />respective successors and assigns. <br />IN WITNESS HEREOF the parties hereto have signed the foregoing Agreement, the year <br />and date first above noted. <br />SELLER: <br />CITY OF WOOD RIVER <br />BY: BY: <br />Greg Cramer, Mayor <br />STATE OF NEBRASKA <br />COUNTY OF HALL <br />)ss. <br />4 <br />BUYER: <br />201607 <br />BRAD MONCRIEF REVOCABLE <br />TRUST <br />C' <br />Brad Moncrief, Trustee; <br />Brad Moncrief Revocable Trust <br />SUBSCRIBED and SWORN to before me this day of , 2016 by <br />Greg Cramer, Mayor, City of Wood River, Nebraska, as Seller. <br />Notary Public <br />