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<br /> <br /> <br /> <br /> 84- --000294 ~ <br /> vaid F?o.tgage and or certain Promittsory'Notc cif r+.vr;[a elute shrill <br /> at the election of Mortagees cauno this Opt ton to hV- r"x0tci::e!c.. <br /> Zxercise. In arder to exeIci --tf~ t tris: [3p t.icrn, Secrand <br /> Tarty s!iall <_:erve upon 1"first Party written notice of its exerc: 'e <br /> ~eof, by personally notifyin:,l, or by mailiria, by ct- rtitied m a 11, <br /> rot-ce of such exercise of option, to First Party at its address <br /> i:.: r'19 nest 11th, Grand Island, NE 613801, or to such other person <br /> or ad('ress as First Party shall direct in writing" Failure to ex- <br /> brcise this `lption prior to midnight, Augoist 1, 1997, shall act <br /> a^ a w..iver and termination of all of Second Party's rights hereunder. <br /> 6 T i t I e Showina. AS Soon as rea:,onahly possible Mftc-r the <br /> Qxercisc oaf this Option by Second Party, First Party, at its option. <br /> sth311 furniuh to 5ocond Party an abstract or title insurance binder <br /> to the oremiser, showing marketal.yle title in First Party, subject <br /> only to the encumbrances herein described. Within ten (10) days <br /> there.cfter, Second Patty shall furnish a title report to First Party <br /> sI.owinq a reasonable opportunity to cc)rrr, Ct any title defects dis- <br /> clo e d. b v said title report or, title Insurance commitmert. <br /> Cluslny. Unless a different time c,r plac is mutually <br /> -id in writing, the purchase hereunder shaI1 tie losed at 2.00 <br /> r M., t:P,T, at Investment Realty. 1713 South 11o1larid Drive, Grand <br /> ,rIand, NE •,,ithin sixty (60) days of the exetc-ise c,f this Option. <br /> A the time of closing, First. Party shish exchanyn a war ranr.y deed <br /> v the premises and bill of sale for all furnishings and fixt.ur`~ <br /> ~e,ing purchased by Second Party, in exchange for the document, c`r. <br /> cosh, which shall act as an expiration of this Option and termina- <br /> -o-n of all further r,ichts hereunder, and all prior sums paid <br /> u.^.'Cr this Option are hereby forfieted. <br /> 8. Ccndition of Premises. First Party m%akv no warrant ivr• <br /> :ac tir.a the condition of the premises f-xcejo, that at ~rlras;tno th <br /> 111 ae free Inc' clear from any encumbrances or security agreements <br /> C e!' to}' irs, PaCtN. Second !!arty w"ball fr`[Ir?iV« +ra;d p[(! laCti <br /> ct to t*? same conditions and diyc.Idimets; of First Party as <br /> 1~re a- avieed in the original 'Piirchase Ar:reement dzted June 16, <br /> l?22. First Party shall pay any and all taxes, special levies <br /> ,:,nd cr assessments becoming due prior to closing of this +:ptior~ <br /> and any taxes, special levies or assessments becoming due ther•aafter <br /> a ;d which -were place upon premises before closinct of this Opt ion. <br /> 9. ;ssi:tnr;sent. Second Party shall have th-~- right to assign <br /> this ^ption without prior notice or approval of First Party. <br /> 10. Joint 'T'enancy. The rights received hereunder by Second <br /> .'art, are taken by them as joint tenants and not as tenants in <br /> ,,)mmon, with full rights of survivorship- <br /> 11. Cooperation. Each party hereby agrees to sign, execute, <br /> aci,nowledge anw deliver any and all certificates of title, deeds or <br /> -ttier documents or papers necessary or appropriate and to do all <br /> ether acts necessary or expedient to fully carry out and fultill <br /> tt:e terms, pro'-isions and intentions of this Option. <br /> 12. Miscellaneous Provisions. One or more waivers of any <br /> -:ovenants, conditions, rules or regulations by First Party shall <br /> rat be construed as a waiver of a further breach of the same or <br /> ci£ferent kind at anv other time. The paragraph captions of t`.is <br /> G;.tion are for reference purposes only and shall not be considc-red <br /> as indi.catii,g the parties' intentions regarding the resnectiv,+, <br /> -ragraphs nor in any way affect their' construction. No alterations: <br /> .Nr -codifications of any part of this Option or waivers of any of <br /> it- provisions shall be effective or enforceal'•le against any parties <br /> uninss the same shall l:e made Tn writing and :!signed by the pi.rLy <br /> he charted. <br /> 13. 3in,ing Effect. Subject only to the r:rcvistans r"f ;•ora- <br /> ^.raph ° hereofthe covenants. conditions and .agrf-!#:, rents conta:.n#-.d <br /> ~erFZir„ except as heroin otherwarte provided, shall hind and itre:ro <br /> c, t'-,e benef tt r-f the respect.1ve parties' heirs., suressors and <br /> assi:n`;. <br /> the execution hereof thi&,.~ <br />