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13Vb1S8V TO Return to: Dvorak Law Group, LLC Attn: John M. Prososki 9500 West Dodge Rd, Suite 100 Omaha, Nebraska 68114 nn MEMORANDUM OF RIGHT OF FIRST REFUSAL a (f'i 7.3 723 — C'? Cr) co J F—+ co co THIS MEMORANDUM OF RIGHT OF FIRST REFUSAL (this "Memorandum") is made and entered into effective as of October 31, 2022 (the "Effective Date"), by and between Southside Tire of Nebraska, LLC, a Nebraska limited liability company ("Grantee"), and Delores K. Garrett and Michael W. Garrett, as Trustees of the Delores K. Garrett Living Trust U/A dated October 17, 2003 ("Grantor"). WITNESSETH: The parties hereto have entered into that certain Right of First Refusal Agreement, dated of even date herewith (the "Agreement"), wherein, among other matters, Grantor has granted to Grantee a right of first refusal with respect to the real property and improvements thereon described on Exhibit A, attached hereto and incorporated herein (including all or any part thereof, the "Subject Property"). Said rights provide Grantee with the first right to purchase the Subject Property from Grantor in the event Grantor receives any bona fide written offer to purchase the Subject Property which Grantor desires to accept during the term of the right of first refusal. The rights described herein are effective with respect to any portion of the Subject Property until the earlier to occur of the following: (a) the termination of Grantor's or its permitted transferees' ownership of the Subject Property; or (b) the termination of Grantee's ownership of all of the property described on Exhibit B, attached hereto and incorporated herein and any portion of the Subject Property acquired pursuant to the Agreement; or (c) the twenty (20) year anniversary of the Effective Date. In the event of any inconsistency between the terms and conditions of the Agreement and of this Memorandum, the terms of the Agreement shall in all respects govern and control. [Rest of Page Intentionally Left Blank; Signature Page Follows.]