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CAC. 22 .° ° <br />CHECK <br />REFUNDS: <br />CASH <br />CHECK <br />RECORDED <br />HALL COUNTY NE <br />.'_ INS? 1013 0 5 b 8 14 1013 OCT 21 P 3: 41 <br />13V111S9V 'I'J <br />KRIS T I WOLD <br />REGISTER OF DEEDS <br />This instrument prepared by and upon recordation, please return to: <br />Mark L. Brasee, Esq., Fraser Stryker PC LLO, Suite 500, Omaha, NE 68102; 402.341.6000 <br />WAIVER OF RIGHT OF FIRST REFUSAL <br />WHEREAS, David W. Thom and Janis M. Thom, husband and wife, ("Thorns") are the record <br />owners of the real estate legally described as: <br />Government Lot One (1) (Mainland) in Section Four (4), Township Nine (9) North, Range <br />Ten (10) West of the 6th P.M., Hall County, Nebraska, also known as the Northeast Quarter <br />of the Northeast Quarter (NE/4 NE/4) and the South Half of the Northeast Quarter (S/2 <br />NE/4) of Section Four (4), Township Nine (9) North, Range Ten (10) West of the 6`h P.M., <br />Hall County, Nebraska (the "Thom Property"); <br />WHEREAS, Platte River Mallard Haven, Inc., a Nebraska corporation ("Mallard Haven") are the <br />record owners of the real estate legally described on Exhibit A. <br />WHERAS, the Thorns and Mallard Haven executed that certain Electric Service License and Right <br />of First Refusal dated October 19, 2006, and recorded in the offices of the Register of Deeds of Hall County, <br />Nebraska on October 26, 2006, as Instrument No. 200609534 (the "License and ROFR"); <br />WHEREAS, Section 8 of the License and ROFR grants the Thorns, or the survivor of them, the <br />right of first refusal to purchase the Mallard Haven Property; <br />WHEREAS, Mallard Haven properly complied with the notice requirements to the Thorns its sale <br />of the Mallard Haven Property subject to the Thoms ROFR and Thorns desire to forever waives its right to <br />purchase the Mallard Haven Property under the License and ROFR; <br />NOW, THEREFORE, the Thorns hereby forever waive any and all rights with respect to the <br />purchase of the Mallard Havem Property under the License and ROFR, including without limitation, such <br />right of first refusal set forth in Section 8 of the License and ROFR. Except for the foregoing waiver, <br />nothing in this Waiver affects the rights of the Thorns, Mallard Haven or each of their permitted successors <br />and assigns and the License and ROFR is ratified and remain in full force and effect. <br />1 <br />tqcip <br />