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99CL061.0Z <br />Record and return to: <br />Donald L. Dunn <br />1128 Lincoln Mall, Suite 300 <br />Lincoln, NE 68508 <br />RIGHT OF FIRST REFUSAL AGREEMENT <br />C.) <br />CO <br />M&S ACQUISITIONS, LLC, a Nebraska Limited Liability Company ("Grantor"), for <br />good and valuable consideration, hereby grants to BOSSELMAN PUMP & PANTRY, INC., a <br />0 Nebraska corporation ("Grantee"), the right and option to purchase certain real estate subject <br />• to and upon the terms set forth herein effective as of this ad day of November, 2019. <br />H WHEREAS, according to the Real Estate Purchase Agreement entered into by and <br />between the parties, Grantor is acquiring the real estate legally described as follows (the <br />"Property"); <br />n <br />Lot One (1), Bosselville Fifth Subdivision, Hall County, Nebraska. <br />WHEREAS, as a term and condition of the Real Estate Purchase Agreement, Grantor <br />agreed to grant to Grantee a first right of refusal with regard to any future transfer of the <br />Property, on the terms and conditions set forth below. <br />NOW THEREFORE, in consideration of the mutual promises contained herein and in <br />the property settlement between the parties, the parties hereto agree as follows: <br />1. Right of First Refusal. Subject to the terms and conditions contained herein, Grantor <br />hereby grants to Grantee a right of first refusal to purchase the Property. In the event <br />Grantor receives a bona fide offer to purchase the Property from an independent third <br />party on specific terms and conditions (the "Offer") and Grantor desires to sell, convey, <br />or otherwise transfer the Property pursuant to the terms of the Offer, then Grantor <br />shall first offer to sell the Property or interest therein to Grantee for the price and on <br />the terms and conditions as set forth in the Offer. Grantee shall have a period of thirty <br />(30) days from the date Grantee receives written notice of the Offer and Grantor's <br />desire to sell to agree to purchase the interest on the same terms and conditions as <br />the Offer and shall evidence such agreement by written notice to Grantor. If Grantee <br />fails to agree to purchase the interest pursuant to the terms of the Offer, Grantor shall <br />be free to sell or otherwise dispose of the Property in accordance with the terms of the <br />Offer. If the Property is not sold pursuant to the terms of the Offer, the right of first <br />1 <br />ON 1N3Wf 1b1SNI SY 03b3IN3 <br />