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202105789
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Last modified
7/14/2021 3:15:54 PM
Creation date
7/8/2021 3:56:13 PM
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DEEDS
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202105789
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days after Owner's receipt of the exercise of the option by Developer. In the event Developer <br />exercises either of its options under subparagraphs (b) or (c) of this Section 6, the price for such <br />repurchase (the "Repurchase Price") shall be determined in the following manner: (i) within five <br />(5) days of Developer's exercise of its option, Owner and Developer each shall promptly designate <br />an appraiser to determine the fair market value of the Owner Property and improvements; and (ii) <br />within ten (10) days after each appraiser is designated, the appraisers shall each determine the fair <br />market value of the Owner Property and improvements and the average of the two appraisals shall <br />be the Repurchase Price; provided, however, if the appraisals are more than $100,000.00 apart, then <br />the two appraisers shall, within an additional five (5) days, select a third appraiser and the average <br />of the three appraisals shall establish the Repurchase Price. If either party fails to designate an <br />appraiser within ten (10) days after the Developer's exercise of its option, the decision of the other <br />party's appraiser shall be binding upon both parties. Any appraiser designed by the parties, or <br />appointed by the appraisers designated by the parties, shall be an independent licensed M.A.I. real <br />estate appraiser doing business in the State of Nebraska. The decision of the appraisers shall be <br />final and binding upon all parties. Notwithstanding the foregoing, upon the determination of the <br />Repurchase Price by the appraisers, Developer shall have the right to nullify its election to purchase <br />the Owner Property. Owner covenants to cooperate with Developer and execute any and all <br />documents necessary to effectuate the foregoing. Closing on the repurchase shall be within sixty <br />(60) days of the final determination of the Repurchase Price less any insurance and/or <br />condemnation proceeds received by Owner, at which time, Developer shall deliver to Owner the <br />Repurchase Price, and Owner shall convey to Developer fee simple title to the Owner Property, <br />free and clear of any liens and encumbrances. Notwithstanding the foregoing, if the restoration of <br />the IHOP Restaurant is substantially complete by the end of the twelve (12) month period described <br />above, Owner shall have a commercially reasonable time (not to exceed ninety (90) days) to <br />complete such construction so long as Owner diligently pursues the same. Developer shall not <br />exercise its repurchase option during such extended time period or thereafter, so long as the <br />restoration is completed by the end of such extended time period. <br />7. MAINTENANCE OF OWNER PROPERTY. <br />(a) Owner shall, at its expense, (i) maintain or cause to be maintained all buildings <br />and other improvements (including without limitation all walls, roofs, signs, utility systems, <br />windows, doors and heating ventilating and air conditioning equipment) located on the Owner <br />Property, in good repair and condition, sightly in appearance and in conformity with all applicable <br />laws and governmental regulations, (ii) keep or cause to be kept all drives and parking areas located <br />on the Owner Property free of snow, ice and debris, (iii) refrain from using the common areas on <br />the Owner Property for any purpose other than the purpose for which the common areas were <br />constructed, (iv) not erect or permit to be erected barriers in or on the common areas on the Owner <br />Property or otherwise impede pedestrian or vehicular traffic in or on the common areas, (v) not <br />erect or permit to be erected any fences or other obstructions between the Owner Property and the <br />Developer's Property except to facilitate orderly and safe traffic flow between such parcels, and <br />then only to the extent approved by Developer, and (vi) keep or cause to be kept all common areas <br />on the Owner Property lighted until thirty (30) minutes after close of business. <br />(b) With respect to Owner's obligation to maintain or cause to be maintained the <br />common areas on the Owner Property, the following standards shall be observed, all in accordance <br />with the practices prevailing in the operation of similar first-class shopping centers: <br />(i) Paved surfaces shall be maintained in a level, smooth and evenly covered <br />condition with the type of surfacing material originally constructed, or of similar quality, <br />use and durability. <br />6 <br />
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