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<br />200400188
<br />D��6URANDLIlL 4.F�9�_QF_.],?1l�ii 1l8Y'USAL
<br />THIS MEfM�O�`JDUM iF RTGHT O^ FIRST REFUSAL is made and entered
<br />into this 5 day of k1eVr.0(3 & 3003__ by and between
<br />TRTANGLTT PLAZA, LLC, a W ^scnnsin Limited Liability Company,
<br />hereinafter referred to as "Triangle", and STEVE DU=ERMAN,
<br />hereinafter referred to as "Duennerman ",
<br />RECITALS
<br />WHEREAS, Triangle is the owner of cartain rea' property
<br />"located at 2004 24. Webb Rd., Grand Island, Nebraska, and legally
<br />described as Repla:: of Lot Eight (a), Grand Island Mall Eighth
<br />Subdivision, in the City of Grand Island, Hal! County, Nebraska;
<br />and
<br />WHEREAS, Triangle desires to grant Duennerman a right of f.ir4t
<br />refusal to purchase said property on the terms and conditions set
<br />forth herein, and to provide record notice thereof;
<br />NOW, THEREFORE, - 'riangle and Dueruierman agree and state as
<br />follows1
<br />1. grand of Right of First_2&fusal. For good and valuable
<br />consideration, receipt of which is hereby acknowledged, Triangle
<br />hereby grants to Duennerman a right of first refusal to purchase
<br />the above - described property. Duennerman shall be entit --red to
<br />exercise said right of first refusal, a-nd to purchase the property
<br />on the terms ser forth herein, in the evert of the following:
<br />A. Triangle desires to sell the property at any time
<br />following the effective date hereof; cr
<br />B. Triangle receives from a third party an acceptable
<br />bona fide offer to purchase the property.
<br />C. Tn either of such events, Triangle shall
<br />;mrnediat:ely thereupon submit to Duennerman a
<br />written copy of such offer or statement of intent
<br />of the terms upon which owner desires to sell the
<br />property, as the case may be.
<br />2. Sale Notice.. . The delivery of a sale notice to Duennerman
<br />shall const'_tute a written offer by Triangle to sell the property
<br />to Duennerman on the terms and conditions specified in the sale
<br />notice. Duennerman may, within 10 days following his receipt of
<br />the sale notice, elect to purchase the property on the terms set
<br />forth in the sale notice, by delivering to Triangle within such 10
<br />days. a written acceptance of such offer, If Duennerman fa to to
<br />timely accept the offer evidenced by the sale notice, Duennerman's
<br />right to accept such offer of sale shall immediately thereupon
<br />terminate and be null and void for all purposes, and Duennerman
<br />shall, upon request of Triangle, deliver to Triangle a written
<br />waiver, release or acknowledgment of termination, of any sights
<br />-nuennerman may have arising hereunder, in a form reasonably
<br />satisfactory to Triangle. In the event Duennerman does accept .he
<br />offer to sell the property evidenced by a sale notice in accordance
<br />with the terms set forth herein, Triangle and Duennermar. shall
<br />thereafter enter into a written agreement for the purchase and sale
<br />of the property which sets forth the terms stated _n '_he vale
<br />rsotice and any other terms and provisions mutually agreed upon
<br />between the parties. Triangle and Duennerman shall cause the
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<br />200400188
<br />D��6URANDLIlL 4.F�9�_QF_.],?1l�ii 1l8Y'USAL
<br />THIS MEfM�O�`JDUM iF RTGHT O^ FIRST REFUSAL is made and entered
<br />into this 5 day of k1eVr.0(3 & 3003__ by and between
<br />TRTANGLTT PLAZA, LLC, a W ^scnnsin Limited Liability Company,
<br />hereinafter referred to as "Triangle", and STEVE DU=ERMAN,
<br />hereinafter referred to as "Duennerman ",
<br />RECITALS
<br />WHEREAS, Triangle is the owner of cartain rea' property
<br />"located at 2004 24. Webb Rd., Grand Island, Nebraska, and legally
<br />described as Repla:: of Lot Eight (a), Grand Island Mall Eighth
<br />Subdivision, in the City of Grand Island, Hal! County, Nebraska;
<br />and
<br />WHEREAS, Triangle desires to grant Duennerman a right of f.ir4t
<br />refusal to purchase said property on the terms and conditions set
<br />forth herein, and to provide record notice thereof;
<br />NOW, THEREFORE, - 'riangle and Dueruierman agree and state as
<br />follows1
<br />1. grand of Right of First_2&fusal. For good and valuable
<br />consideration, receipt of which is hereby acknowledged, Triangle
<br />hereby grants to Duennerman a right of first refusal to purchase
<br />the above - described property. Duennerman shall be entit --red to
<br />exercise said right of first refusal, a-nd to purchase the property
<br />on the terms ser forth herein, in the evert of the following:
<br />A. Triangle desires to sell the property at any time
<br />following the effective date hereof; cr
<br />B. Triangle receives from a third party an acceptable
<br />bona fide offer to purchase the property.
<br />C. Tn either of such events, Triangle shall
<br />;mrnediat:ely thereupon submit to Duennerman a
<br />written copy of such offer or statement of intent
<br />of the terms upon which owner desires to sell the
<br />property, as the case may be.
<br />2. Sale Notice.. . The delivery of a sale notice to Duennerman
<br />shall const'_tute a written offer by Triangle to sell the property
<br />to Duennerman on the terms and conditions specified in the sale
<br />notice. Duennerman may, within 10 days following his receipt of
<br />the sale notice, elect to purchase the property on the terms set
<br />forth in the sale notice, by delivering to Triangle within such 10
<br />days. a written acceptance of such offer, If Duennerman fa to to
<br />timely accept the offer evidenced by the sale notice, Duennerman's
<br />right to accept such offer of sale shall immediately thereupon
<br />terminate and be null and void for all purposes, and Duennerman
<br />shall, upon request of Triangle, deliver to Triangle a written
<br />waiver, release or acknowledgment of termination, of any sights
<br />-nuennerman may have arising hereunder, in a form reasonably
<br />satisfactory to Triangle. In the event Duennerman does accept .he
<br />offer to sell the property evidenced by a sale notice in accordance
<br />with the terms set forth herein, Triangle and Duennermar. shall
<br />thereafter enter into a written agreement for the purchase and sale
<br />of the property which sets forth the terms stated _n '_he vale
<br />rsotice and any other terms and provisions mutually agreed upon
<br />between the parties. Triangle and Duennerman shall cause the
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