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202400937 <br />4. Repair/Condition of Improvement. At all times during the term of this Severance <br />Agreement, Lanny and the LLC shall, at their sole cost and expense, provide all maintenance and <br />repair to the improvements so as to keep the same in proper condition and in a proper state of <br />repair throughout the term of this Severance Agreement. <br />5. Real Estate Taxes. Lanny and the LLC hereby agree to pay the general real estate <br />taxes for 2024 and all subsequent years during the term of this Severance Agreement and all <br />special assessments, if any, attributable to the additional improvements and that portion of the <br />subject real estate whereupon the improvements are situated. <br />6. Disposition or Removal of Improvements. (a) In the event that Lanny and the <br />LLC desire to dispose of its interest in the improvements, Lorraine shall have an option to <br />purchase said improvement from Lanny. If Lanny and the LLC desire to sell or otherwise <br />dispose of his interest in the improvement or remove the improvements from the subject real <br />estate, Lanny and the LLC shall notify Lorraine in writing of its desire to dispose of or remove <br />the said improvements by United States certified mail, return receipt requested, or by personal <br />delivery (the "Disposition Notice"). In the event that Lorraine desires to exercise her option to <br />purchase the improvements, Lorraine shall notify Lanny and the LLC of her desire to purchase <br />said improvements by written notification (the "Option Notice") to be mailed by United States <br />certified mail, return receipt requested, or personally delivered to Lanny and the LLC within <br />thirty (30) days of the receipt of the Disposition Notice. In the event that Lanny and the LLC <br />receive a bona fide third party offer for the purchase of the improvements, then the purchase of <br />the improvements by Lorraine shall be on the same terms and conditions as contained in the bona <br />fide third offer. Otherwise, the purchase price for the new improvements shall be the then fair <br />market value of the improvements to be agreed upon by the parties. In the event that the parties <br />cannot agree as to the fair market value of the improvements within thirty (30) days of the <br />receipt of the Option Notice, then Lanny and the LLC shall select an independent qualified <br />appraiser and Lorraine shall select an independent qualified appraiser to value the new <br />improvements and the average of the two appraisers' opinions as to the fair market value of the <br />new improvements shall be determinative as to the purchase price for the same. The closing for <br />the purchase of the improvements shall be held within thirty (30) days of the date the fair market <br />value of the new improvements is finally determined as provided hereinabove and shall be <br />subject to the customary terms and conditions for the sale of like property in Hall County, <br />Nebraska. Upon the closing, Lorraine shall pay the purchase price in full to Lanny and the LLC; <br />whereupon, Lanny and the LLC shall execute a Bill of Sale and Quitclaim Deed conveying all of <br />its interest in the improvements and subject real estate to Lorraine, free and clear of all liens and <br />encumbrances on or against the improvements or subject real as a result of the actions or <br />inactions of Lanny and the LLC. <br />(b) In the event, that Lorraine does not desire to exercise her option to purchase the <br />improvements granted pursuant to this Section 5(a), Lanny and the LLC shall have the right to <br />remove the improvements from the subject real estate at any time within one (1) year of the date <br />of the Disposition Notice. If Lanny and the LLC elect to remove the improvements from the <br />subject real estate within the aforesaid time frame, said removal shall be done in a careful and <br />workmanlike manner with the subject real estate being returned to substantially the same <br />condition as the subject real estate existed prior to the construction of the addition to the <br />3 <br />