Laserfiche WebLink
200908930 <br />described in a Quit Claim Deed recorded in Book 164, Page 316 (hereinafter <br />referred to as "Tract B"); <br />WI~REAS, Kenneth L. Layher, as personal representative of the Estate of Kenneth L. <br />Layher, Deceased, and the OPTIONEES have negotiated for the sale and purchase of Tract B, and, <br />as a condition of the closing of such a sale and purchase as set forth in the Purchase Agreement dated <br />October 12, 2009, the OPTIONORS have agreed to grant to the OPTIONEES, and all subsequent <br />owners of Tract B, an option to purchase Tract A. <br />1. _GRANT F OPTION. In consideration of the purchase of Tract B, the <br />OPTIONOR hereby grants to the OPTIONEE the exclusive option to purchase Tract A (including <br />all applicable Farm Services Agency crop bases}, and subject to all current easements and restrictions <br />of record. <br />2. PERIOD OF OPTION This option shall arise upon the attempt by any one of the <br />OPTIONORS, their heirs, personal representatives, successors, or assigns, to sell their interest, <br />either voluntarily or involuntarily, in the said real estate (other than a sale or transfer far the widening <br />of a state or county road or a sale or transfer between Kenneth L. Layher and Janet L. Braeder) and <br />shall continue to be available to the OPTIONEES for a period often (10) days following receipt of <br />the written appraisal(s) frarn the appraiser(s) as set forth in paragraph 5 of this Agreement. If this <br />option is not exercised within that time period, this entire option agreement shall immediately expire. <br />Upon the expiration of this option ageement, the OPTIONEES shall have no further rights ar claims <br />against the OPTIONORS. <br />3. NOTICE OF OPTION. Notice of the right of the OPTIONEES to exercise this <br />option shall be giving in writing by the OPTIONORS, and/or their heirs, personal representatives, <br />successors, or assigns, as appropriate (hereinafter referred to as the "SELLERS"). <br />4. NOTICE OF_EXERC~E. The option is to be exercised by the OPTIONEES by <br />delivery of a signed purchase agreement reflecting the provisions of this agreement and the <br />appropriate down payment amount as set forth therein to the SELLERS. <br />5. P RCHASE PRICE. The purchase price shall be the fair market value as established <br />by a licensed appraiser mutually selected by the SELLERS and the OPTIONEES. The cost of such <br />appraiser shall be paid one-half ('/z) by the SELLERS and one-half ('/x) by the OPTIONEES. In the <br />event that such parties shall not be able to mutually agree upon an appraiser within thirty (30) days <br />of the receipt of written notice by the OPTIONEES, the SELLERS shall select an appraiser and the <br />OPTIONEES shall select an appraiser and the purchase price shall be determined based upon the <br />average of the two (2) appraisals. In such case, each party shall pay for the cost of their own <br />appraiser. <br />6. EXER ISE OF OPTI N A D LOS RE. The OPTIONEES may exercise the. <br />option at any time during the period of the option. If the option is exercised by the OPTIONEES <br />as provided herein, the SELLERS shall convey such property by warranty deed to the <br />OPTIONEES, or as otherwise directed by the OPTIONEES. Delivery of such deed shall be made <br />2 <br />