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200610447 (ii) waive the Repurchase Option, with respect to such proposed contract, in which case, Grantee shall be able to sell the Property pursuant to the proposed contract. However, if the proposed contract is terminated without the closing thereunder having occurred, then the Repurchase Option shall continue in full force and effect. 1.9 Restoration If Repurchase. In the event that Grantor exercises the Repurchase Option, Grantee shall promptly restore the Property to its condition at the date of this Deed, except as otherwise requested by Grantor in writing. 1.10 Repurchase Option Price. The "Repurchase Option Price" shall mean the 100% of the aggregate of the original Purchase Price, except as otherwise provided in Section 1.8 above. 1.11 Closing If Repurchase. Within thirty (30) days after Grantor gives notice of the exercise of the Repurchase Option, Grantee shall tender to Grantor Grantee's Special Warranty Deed for the Property to be exchanged for "eood funds," as defined under Nebraska law, from Grantor in the amount of the Repurchase Option Price (or such lesser amount as is set forth in Section 1.8 above). Grantee shall deliver title to the Property to Grantor at the closing of the Repurchase Option in the same condition as when delivered by Grantor to Grantee, except as to nondelinquent property taxes and assessments for the year of said closing, which taxes and assessments shall be prorated between Grantor and Grantee to the date of such closing, so that Grantee bears such taxes and assessments for the period of its ownership of the Property, and recorded documents obtained by Grantee to pursue its development. Grantee agrees to pay all costs and expenses for such closing, including the premium for a standard title insurance policy in the amount of the Repurchase Option Price (or such lesser amount as set forth in Section 1.8 above), insuring that title to the Property is vested in Grantor. 1.12 Evidencing Expiration of Repurchase Option. In the event Grantee Completes construction of the Improvements prior to the time Grantor exercises the Repurchase Option for Grantee's failure to meet the Completion Deadline, or in the event Grantor fails to exercise the Repurchase Option within the time and in the manner set forth above, Grantor shall not have any further right to exercise the Repurchase Option and Grantor agrees, upon Grantee's written request, to deliver promptly to Grantee a duly executed and acknowledged release, releasing Grantor's right to exercise the Repurchase Option. 1.13 Force Majeure. In the event that Grantee is unable to meet a respective deadline because of delays from causes beyond the reasonable control of the Grantee, such as, but not limited to, acts of God, weather conditions, or fire or other casualty, then the date by which the Grantee shall be required to meet the Completion Deadline, and the date by which Grantor shall be required to exercise the Repurchase Option because of Grantee's failure to meet such deadline, shall be extended for a period of time (a "Force Majeure Delav Period") equal to the length of said delay or delays. Notwithstanding the foregoing, however, a Force Majeure Delay Period shall not be deemed to have commenced until the later of the date of the occurrence of the event which causes such delay or the date which is thirty (30) days prior to the date upon which notice of the occurrence of such event is given by Grantee to Grantor. {31858 1811/17/2006 10: 14 AMJEPEA0227626 [)(X:;21 5