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1OVd1S8y TO <br />m <br />n C <br />z <br />mn 0 <br />riNV'1 <br />After Recording, Return To: Mark L. Brasee, 409 South 17th Street, Suite 500, Omaha NE 68102 <br />—J <br />�LJ <br />W <br />{ <br />-r <br />MEMORANDUM OF RIGHT OF FIRST REFUSAL AGREEMENT <br />This Memorandum of Right of First Refusal Agreement ("ROFR Memorandum") is <br />made and entered into as of December, 4, 2020, by and between Timothy J. Smith and Casey M. <br />Smith, husband and wife ("Buyer"), and Platte River Whooping Crane Maintenance Trust, Inc., <br />a Nebraska nonprofit corporation ("Seller"). <br />1. Pursuant to that certain Right of First Refusal Agreement dated as of December 4, 2020, <br />between Seller and Buyer (the "ROFR Agreement"), Buyer has granted to Seller a right of first <br />refusal to purchase certain real property described on Exhibit A attached hereto and incorporated <br />herein by this reference (the "ROFR Property"). <br />2. All of the other terms and conditions of the ROFR Agreement are more fully set forth in <br />the ROFR Agreement and are incorporated herein by this reference. <br />4. This ROFR Memorandum is executed for recording purposes only and is not intended to <br />alter or amend the terms of the ROFR Agreement. In the event of a conflict between this ROFR <br />Memorandum and the ROFR Agreement, the ROFR Agreement shall control. <br />5. This ROFR Memorandum shall run with the land and inure to the benefit of and be <br />binding upon Seller and Buyer and their respective representatives, successors and assigns. <br />2457994.1 <br />[Remainder of Page Left Intentionally Blank; Execution Pages Follow.] <br />