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202207541
<br />a distance of One Hundred Forty -One and Six Tenths (141.6) feet; thence S41°51'53"W,
<br />a distance of Two Hundred Sixty -Two and Ninety -Six Hundredths (262.96) feet; thence
<br />S49°57'03"W, a distance of Two Hundred Twelve and Eighty -Two Hundredths (212.82)
<br />feet; thence S63°24'07"W, a distance of One Hundred Sixty -Nine and Seventy -Seven
<br />Hundredths (169.77) feet; thence S75°07' 17"W, a distance of One Hundred Forty and
<br />Eighty -Seven Hundredths (140.87) feet; thence N89°14'36"W, a distance of Three
<br />Hundred Twenty -Nine and Four -Tenths (329.40) feet; thence N54°08'02"W, a distance of
<br />Three Hundred Thirty and Forty -Two Hundredths (330.42) feet; thence N04°32'42" E, a
<br />distance of One Thousand One Hundred Seven and Seventy -Nine Hundredths (1,107.79)
<br />feet to a point on the south line of said South Half of the Northwest Quarter (S'/2NW'/4);
<br />thence S89°27'21 "W, along and upon the south line of said South Half of the Northwest
<br />Quarter (S'/2NW'/4), a distance of One Thousand Three Hundred Thirteen and Ninety -
<br />Three Hundredths (1,31.3.93) feet to the point of beginning;
<br />The Northwest Quarter of the Southeast Quarter (NW'/4SE1/4) of Section One (1), in
<br />Township Eleven (1 I) North, Range Nine (9) West of the 6th P.M., Hall County,
<br />Nebraska and part of the Southwest Quarter of the Southeast Quarter (SW'/4SE1/4) more
<br />particularly described as: Commencing at the Southwest corner of the Southeast Quarter
<br />(SE'/4) of Section One (1) in Township Eleven (11) North, Range Nine (9) West of the
<br />6th. P.M.; thence North along the West line of said Southeast Quarter (SE'/4) Eighty (80)
<br />rods to the Southwest corner of the Northwest Quarter of the Southeast Quarter
<br />(NW'/4SE'/4) of said section: thence East and at right angles with the West line one (1)
<br />rod; thence South and parallel with said West line Eighty (80) rods to the South line of
<br />said section; thence West along on said South line One (1) rod to the place of beginning;
<br />The East Half of the Northwest Quarter (E'/2NW'/4) and West Half of the Northeast
<br />Quarter (W; 2NE 1/4) of Section One (1), in Township Eleven (11) North, Range Nine (9)
<br />West of the 6th P.M., Hall County, Nebraska.
<br />The terms arid conditions of ARTICLE IX, Paragraphs B.9, and B.10. of the Leo E.
<br />Mettenbrink Revocable Living Trust Agreement dated August 25, 1999, as amended January 2,
<br />2009 and October 27, 2014 provide as follows:
<br />"9. Right of First Refusal -Sale. Upon the death of the Settlor's spouse, the
<br />Settlor hereby grants to the Settlor's daughter, Kathleen Ann Mettenbrink, if then living, a right
<br />of first refusalrelative to any real estate which is subject to this Trust Agreement upon the
<br />following terms and conditions:
<br />a. In the event the Trustee or any distributee under the foregoing
<br />provisions of this Trust Agreement receives a bona fide third party offer for the purchase
<br />of such party's interest in any agricultural real estate subject to this Trust Agreement
<br />which said selling party or parties, as the case may be, desires to accept, said selling party
<br />or parties, as the case may be, shall deliver a copy of said bona fide third party offer to
<br />the Settlor's daughter, Kathleen Ann Mettenbrink, by United States certified mail, return
<br />receipt requested. If the Settlor's said daughter, Kathleen Ann Mettenbrink, desires to
<br />purchase the selling party's interest in any such agricultural real estate upon the same
<br />terms and conditions as contained in the aforesaid bona fide third party offer, said
<br />Kathleen Ann Mettenbrink shall deliver to the selling party or parties, as the case may be,
<br />written notification of her intent to exercise her right of first refusal as provided herein by
<br />United States certified mail, return receipt requested, within sixty (60) days of the receipt
<br />of a copy of the aforesaid bona fide third party offer from the selling party or parties, as
<br />the case may be, as provided hereinabove. Upon the exercise by Kathleen Ann
<br />Mettenbrink of her right of first refusal as provided herein, said Kathleen Ann
<br />Mettenbrink and the selling party or parties, as the case may be, shall close on the
<br />purchase and sale of such selling party or parties interest in any such agricultural real
<br />estate subject to this Trust Agreement in accordance with the same terms and conditions
<br />as contained in the aforesaid bona fide third party offer.
<br />b. In the event the Settlor's said daughter, Kathleen Ann Mettenbrink,
<br />fails to exercise the right of first refusal granted to her to purchase any agricultural real
<br />estate subject to this Trust Agreement upon the foregoing terms and conditions, then the
<br />party ox parties then holding title to said real estate shall thereafter be permitted to sell
<br />its/his/her interest in the same free of any restrictions imposed herein.
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