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20190'7355 <br />refusal granted herein shall remain in effect. If Grantee agrees to purchase the <br />interest, Grantee shall purchase the interest in the Property in accordance with the <br />express terms and conditions of the Offer. <br />2. Term. Grantee's right of first refusal shall begin as of the date of this Agreement and <br />shall continue in effect until the earlier of (i) the date Grantee purchases the Property; <br />or (ii) the date Grantor consummates a sale, conveyance, or transfer of the Property <br />to a third party pursuant to the terms of this Agreement following the failure of the <br />Grantee to timely exercise the right of first refusal as provided herein. <br />3. Notices. All notices, demands, requests, and exercises under this Agreement by <br />either party shall be delivered or sent by certified mail, return receipt requested, to <br />the following addresses, or to such other addresses as the parties may designated from <br />time: <br />If to Grantor: <br />M&S Acquisitions, LLC <br />C/O Matthew D. Baack <br />200 N Burlington, Suite 100 <br />PO Box 907 <br />Hastings, NE 68902-0907 <br />If to Grantee: <br />Bosselman Pump & Pantry, Inc. <br />1607 S. Locust Street, Ste A <br />P.O. Box 4905 <br />Grand Island, NE 68802-4905 <br />ATTN: Brandi Bosselman <br />4. Amendment. This instrument shall be amended only by a written instrument <br />executed by Grantor and Grantee or by their respective successors and assigns. <br />5. Assignment; Successors. Grantee's right and obligations under this Agreement are <br />personal to Grantee and shall not be assigned without written consent from Grantor. <br />This Agreement shall be binding upon Grantor and Grantor's successors and assigns. <br />6. Recording. The parties agree this Agreement may be filed with the Register of Deeds <br />of Hall County to provide notice of its existence. <br />7. Time of Essence. Time is of the essence with respect to all obligations in this <br />Agreement. <br />8. Entire Agreement. This Agreement contains the entire agreement of the parties with <br />regard to this right of first refusal, and supersedes all prior agreements or <br />understandings of the parties, whether written or oral, regarding the subject matter <br />of this Agreement. <br />9. Waivers. No waiver or breach of a covenant or provision in this Agreement shall be <br />2 <br />