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- a - � = D �' m N � T D '� f 1 Cb c� C�'� \� Ca � --� t`r'1 `G-�� n 2 N \ C •Z "{ w N {.7, 7C .� --�1 fT'1 -� Z C'U n.r Q G> o � � C3' �1 o W -rt � �„+a N � 0 m �� p � rn r 2' � �' v � N ,� � c7� � � � � � ° u� � c'�� 99�c1s68a� NOTICE OF RIGHT OF � FIRST REFUSAL Notice is hereby given that pursuant to a certain Agreement �--''" for Like-Kind Exchange dated June 2, 1999, RICK S. JOHNSON and �'' „ PATRICIA ANN JOHNSON, husband and wife, (hereinafter "Johnsons" ) 4l� granted to PETERSEN FARMS, INC. , a Nebraska corporation, (hereinafter "Petersen Farms" ) a right of first refusal as to the purchase of the following described real estate upon the following terms and conditions: Lot Five (5) , Eberl Subdivision, to the City of Grand Island, Hall County, Nebraska, 1. In the event Johnsons receive an offer to sell, trans- fer or otherwise dispose of the subject property, which offer is a bona bide offer and which offer Johnsons desire to accept, then Johnsons shall, in that event, notify Petersen Farms in writing of such offer (hereinafter referred to as the "third party of- fer" ) . Such notice to Petersen Farms shall be in writing, shall contain a copy of the third party offer and shall be mailed to Petersen Farms by Johnsons by United States certified mail, re- turn receipt requested. 2 . Within thirty (30) days from the receipt by Petersen Farms of the written notification from Johnsons of Johnsons ' re- ceipt of the aforesaid bona fide third party offer and the desire by Johnsons to accept said offer, Petersen Farms may, at its op- tion, elect to purchase the subject property. Notice of Petersen Farms ' election to purchase the subject property must be made in writing to the address of Johnsons as set forth in the notice re- ceived by Petersen Farms and shall be effective when delivered to Johnsons at that address. The written notice of election shall be mailed by Petersen Farms to Johnsons by United States certi- fied mail return receipt requested. In the event Petersen Farms elects to purchase the subject property, the purchase price and the other terms of the purchase of the subject property shall be the same as those set forth in the third party offer; whereupon, Petersen Farms and Johnsons shall proceed to close on the sale of the subject property in accordance with the provisions of the third party offer. 3. In the event that Petersen Farms does not deliver writ- ten notice of its election to purchase the subject property to Johnsons within thirty (30) days from the receipt by Petersen Farms of the written notice from Johnsons of Johnsons' receipt of the aforesaid bona fide third party offer and Johnsons ' desire to accept the same, then Johnsons may make a bona fide transfer to the respective purchaser to which the notice to Petersen Farms related; provided such transfer shall be made only in strict ac- cordance with the terms stated therein. However, if Johnsons fail to make such transfer within ninety (90) days following the expiration of the time set forth above for the election by Petersen Farms, the subject property shall again become subject to all restrictions in this agreement as to any subsequent third party offer. 4 . This Right of First Refusal shall be binding upon and shall inure to the benefit of the parties hereto and their re- spective heirs, personal representatives, successors and assigns and may be modified only by a writing signed by the parties hereto.