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~~ ~~ ~ ~~ ~ ~~ ~ ~~ ~~ '~ l , :. m Z =~ _ ~ ~ O ~ N ~c = RE: Lot 19, Meadowlark West Third Subdivision Z ` ~ c-a v> ~ ~, ~ _.~ o ~.....:: h ~^ . "- ` - ~~ ~ ~--~ ra m , ' ~_ 7 C> ~ C] ,~ C] ~"'1 H~ ~ ~ C,w) -m7 ..,,, ~~ Z cv ~~ :T'. ~T1 CJ7 r~i -~ Tr Ct7 ~ -`I r"n ~ ~°-- ~7 ~] r.,~ r zr GJl C ~ u> ~ ~ ~ -~ m ~ ~ Z N ........~ -I cx~ s ~ ~ DEVELOPER REPURCHASE AGREEMENT This Developer Repurchase Agreement (the "Agreement") is made and entered into this .~ day of July, 2010, by and between CUSTARD CATS, LLC, a Kansas limited liability company, having a mailing address of 520 1VIcCal1 Road, Manhattan, Kansas 66505 (the "Owner"), and ALLEN 281 LLC, a Nebraska limited liability company, having a mailing address of P.O. Box 987, 1115 West 2°a Street, Hastings, Nebraska b8902-0987 (the "Developer"). PRELIMINARY STATEMENT Contemporaneously with the execution of this Agreement, Owner has acquired from Developer Lot 19, Meadowlark West Third Subdivision, Grand Island, Hall County, Nebraska, as surveyed, platted and recorded (the "Property") pursuant to the terms and conditions set forth in the Real Property Sale Agreement dated April 8, 2010, between the Farties (the "Purchase Agreement"), which acquisition is evidenced by the recordation of a Special Warranty Deed (the "Deed") from Developer to Owner, which was filed of record prior to the recording of this Agreement. Owner has agreed to grant to Developer an option to repurchase the Real Property and all improvements and appurtenances thereon, exclusive of movable equipment and fixtures, inventory, signs and other personal property upon certain conditions. TERMS AND CONDITIONS ~`.~-~ ~~ NOW, THEREFORE, in consideration of the foregoing Preliminary Statement, which is incorporated in its entirety in this portion of this Agreement and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: