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Joseph and Kaylene Hockensmith, husband and wife, who reside at 15421 S. <br />Hilltop Rd., Hastings, Nebraska, hereby grant to Paul and Patricia Dietze, husband and O� <br />wife, or their heirs, legatees, devisees, assignees or other designee, a first right of refusal <br />on the following parcel of real estate: <br />A. Lot A, Hockensmith Subdivision, Hall County, Nebraska. <br />In accordance with the following terms and conditions: <br />(1) Neither Joseph or Kaylene Hockensmith, hereafter the " Hockensmith's," or <br />their heirs, legatees, devisees, assignees, or other designees shall sell the above described <br />parcel of real estate without first giving Paul and Patricia Dietze, hereafter the " Dietze's," <br />a right of first refusal for a period of thirty (30) days from the first day following the <br />receipt by Hockensmith's of a copy of a valid and binding offer to purchase Lot #l, <br />Hockensmith Subdivision, Hall County, Nebraska. <br />(2) The first right of refusal shall allow the Dietze's to purchase the above <br />described real estate that is being sold on the same terms and conditions as any other third <br />party purchaser or acquirer of the premises. <br />(3) If Dietze's do not agree to purchase the above described real estate being sold, <br />with the thirty (30) day period, then the property may be sold free and clear of this first <br />right of refusal. <br />(4) If Dietze's do agree to purchase Lot #l, Hockensmith Subdivision, then they <br />shall have thirty (30) days from the day the Hockensmith's, or their agent, provide <br />evidence of good and marketable title to close the purchase. <br />(5) If the Dietze's should fail to satisfy their agreement to purchase, then Lot #l, <br />Hockensmith Subdivision, shall be sold free and clear of this first right of refusal. <br />(6) Upon the provision of a good and marketable title by general warranty deed <br />signed by the Hockensmith's and following the satisfaction of any purchase agreement of <br />the Dietze's, then Lot #1 Hockensmith Subdivision, shall be free and clear of this first right <br />of refusal . <br />(7) If there is a defect in obtaining marketable title, then the Hockensmith's shall <br />have twenty (20) days to correct said defect in order to provide marketable title in <br />addition to the time limits set out herein. If title is not then marketable, then the Dietze's <br />shall have the option of either completing the purchase or rejecting said purchase. <br />(8) The consideration for this first right of refusal shall be execution and closing of <br />a contract for the sale, dated march 13, 2003 , 2003, of Lot #1 Hockensmith <br />Subdivision, between Dan and Carol McWhirter, Sellers, and Joseph and Kaylene <br />Hockensmith, Buyers. <br />(9) the Dietze's may, at their option and expense, record this first right of refusal <br />at the Register of Deeds, Hall County. <br />M <br />= <br />Pl <br />(1 <br />�_ <br />n <br />r^ <br />o <br />O -1 <br />c n <br />om <br />O <br />rn <br />'1(y' <br />QC <br />N <br />W <br />CD <br />y <br />N <br />CD <br />z <br />0 <br />FIRST <br />RIGHT <br />OF REFUSAL <br />Joseph and Kaylene Hockensmith, husband and wife, who reside at 15421 S. <br />Hilltop Rd., Hastings, Nebraska, hereby grant to Paul and Patricia Dietze, husband and O� <br />wife, or their heirs, legatees, devisees, assignees or other designee, a first right of refusal <br />on the following parcel of real estate: <br />A. Lot A, Hockensmith Subdivision, Hall County, Nebraska. <br />In accordance with the following terms and conditions: <br />(1) Neither Joseph or Kaylene Hockensmith, hereafter the " Hockensmith's," or <br />their heirs, legatees, devisees, assignees, or other designees shall sell the above described <br />parcel of real estate without first giving Paul and Patricia Dietze, hereafter the " Dietze's," <br />a right of first refusal for a period of thirty (30) days from the first day following the <br />receipt by Hockensmith's of a copy of a valid and binding offer to purchase Lot #l, <br />Hockensmith Subdivision, Hall County, Nebraska. <br />(2) The first right of refusal shall allow the Dietze's to purchase the above <br />described real estate that is being sold on the same terms and conditions as any other third <br />party purchaser or acquirer of the premises. <br />(3) If Dietze's do not agree to purchase the above described real estate being sold, <br />with the thirty (30) day period, then the property may be sold free and clear of this first <br />right of refusal. <br />(4) If Dietze's do agree to purchase Lot #l, Hockensmith Subdivision, then they <br />shall have thirty (30) days from the day the Hockensmith's, or their agent, provide <br />evidence of good and marketable title to close the purchase. <br />(5) If the Dietze's should fail to satisfy their agreement to purchase, then Lot #l, <br />Hockensmith Subdivision, shall be sold free and clear of this first right of refusal. <br />(6) Upon the provision of a good and marketable title by general warranty deed <br />signed by the Hockensmith's and following the satisfaction of any purchase agreement of <br />the Dietze's, then Lot #1 Hockensmith Subdivision, shall be free and clear of this first right <br />of refusal . <br />(7) If there is a defect in obtaining marketable title, then the Hockensmith's shall <br />have twenty (20) days to correct said defect in order to provide marketable title in <br />addition to the time limits set out herein. If title is not then marketable, then the Dietze's <br />shall have the option of either completing the purchase or rejecting said purchase. <br />(8) The consideration for this first right of refusal shall be execution and closing of <br />a contract for the sale, dated march 13, 2003 , 2003, of Lot #1 Hockensmith <br />Subdivision, between Dan and Carol McWhirter, Sellers, and Joseph and Kaylene <br />Hockensmith, Buyers. <br />(9) the Dietze's may, at their option and expense, record this first right of refusal <br />at the Register of Deeds, Hall County. <br />