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