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202207541
<br />c. It is the Settlor's intention that the right of first refusal granted
<br />herein to the Settlor's said daughter, Kathleen Ann Mettenbrink, shall run with the land
<br />until the Settlor's said daughter, Kathleen Ann Mettenbrink, fails to exercise her right of
<br />first refusal as to such land as provided hereinabove whether such land is held by the
<br />Trustee or is held by any distributee upon the distribution and termination of this Trust
<br />Agreement.
<br />10. Right of First Refusal - Lease. 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 refusal to lease all or any portion of any agricultural real estate subject to the terms of this
<br />Trust Agreement from the owner or owners thereof upon reasonably commercial terms and
<br />conditions as then prevalent in the area of the location of such agricultural real estate upon the
<br />following terms and conditions:
<br />a. In the event that any party holding an ownership interest in any
<br />agricultural real estate subject to this Trust Agreement receives a bona fide third party
<br />offer to lease such party's or parties' interest in such agricultural real estate which said
<br />party or parties, as the case may be, desires to accept, such party or parties, as the case
<br />may be, shall deliver a copy of said lease agreement to the Settlor's said daughter,
<br />Kathleen Ann Mettenbrink, by United States certified mail, return receipt requested. If
<br />the Settlor's said daughter, Kathleen Ann Mettenbrink, if then living, desires to lease the
<br />said agricultural real estate subject to such bona fide third party lease agreement upon the
<br />same terms and conditions as contained in the said bona fide lease agreement, the
<br />Settlor's said daughter, Kathleen. Ann Mettenbrink, shall deliver to the owner or owners
<br />thereof, as the case may be, written notification of her intent to exercise her right to lease
<br />the real estate subject to such bona fide third party lease agreement by United States
<br />certified mail, return receipt requested, within sixty (60) days of the receipt of a copy of
<br />the aforesaid bona fide third party lease agreement from the owning party or parties, as
<br />the case may be, as provided hereinabove. Upon the exercise by the Settlor's said
<br />daughter, Kathleen Ann Mettenbrink, of her right of first refusal to lease all or any
<br />portion of any agricultural real estate subject to this Trust Agreement, the Settlor's said
<br />daughter, Kathleen Ann Mettenbrink, and the owner or owners of such real estate, as the
<br />case may be, shall then execute a lease agreement pertaining to the subject real estate on
<br />the same terins and conditions as contained in the aforesaid bona fide third party lease
<br />agreement.
<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 lease all or any portion of the
<br />agricultural real estate subject to this Trust Agreement upon the foregoing terms and
<br />conditions, then the party or parties then holding title to said real estate shall thereafter be
<br />permitted to lease the subject real estate free of any restrictions imposed herein.
<br />c. It is the Settlor's intention that the right of first refusal to lease
<br />granted herein to the Settlor's said daughter, Kathleen Ann Mettenbrink, shall run with
<br />the land until the Settlor's said daughter, Kathleen Ann Mettenbrink, fails to exercise her
<br />right of first refusal to lease as to such land as provided hereinabove whether such land is
<br />held by the Trustee or is held by any distributee upon the distribution and termination of
<br />this 'frust Agreeme '
<br />Dated this day of October, 2022.
<br />Cindy Sue wanson, Co -Trustee of the Leo E.
<br />Mettenbrink Family Trust created pursuant to
<br />ARTICLE 1X, Paragraph B. of the Leo E.
<br />Mettenbrink Revocable Living Trust Agreement
<br />dated August 25, 1999, as amended January 2, 2009
<br />and October 27, 2014
<br />
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