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� � i� N O e � � �.a � B � �� � = � � ��G� r. , � � � � A ��.L _� �� Q .� � 20110083'� WAIVER OF RIGAT OF FIRST REFUSAL � � � � _ . o —, � c n z� � —� � K � O � p '*1 Z = m � a m 3 r x� r a � � x a � �--�- � � � 2 � � � � � � o�. -�+ Q m m v � THISWAIVER OF RIGHT OF FII2ST REFUSAL (this "Waiver") is made and entered into this ,��'tiay of December, 2010, by and between Douglas W. Moser and Michele L. Moser ("Moser") and Wayne D. Stoltenberg and Mary V. Stoltenberg ("Stoltenberg") . WHEREAS, Moser and Stohenberg are parties to a certain Right of First Refusal agreement dated May 1$, 2004 ("Right of First Refusal") on the Southwest Quarter (SWi/4) of Section Twelve (12), in Township Twelve (12) North, Range Ten (10) West of the 6�` PM, Hall County, Nebraska; WHEREAS, Moser and Stoltenberg executed a Notice of Right of First Refusal dated May 18, 2004 ("riotice"); WHEREAS, Moser now desires to consummate a sale of the real estate described in the Right of First Refusal pursuant to the Farm, Ranch and Land Purchase Agreement dated December 13, 2010 attach� as E�ibit "A" hereto (the "2010 Purchase AgreemenY'); WHEREAS, to comply with Right of First Refusal, Moser has requested that Stoltenberg waives its Right of First Refusal; and WHEREAS, subject to the terms and conditions of this Agreement, Stoltenberg has agreed to waive its Right of First Refusal. �I � C� 21 Z � � � � .T. I I NOW, THEREFORE, the parties agree as follows: 1. Waiver of Ritht of First Refusal . Wayne D. Stoltenberg and Mary V. Stoltenberg hereby agree to waive their rights under the Right of First Refusal agreement entered into on May 18, 2004, and the Notice of Right of First Refusal recorded at Book , Page , of the Register of Deeds of Hall County, Nebraska. 2. Binding Effect . This Agreement shall be binding upon and inure to the benefit of the heirs, successors, administrators, legal representatives, and assigns of the parties. 3. Eu6re Aereement: Severabilitv . This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings between the parties, both oral and written relating to the subject matter hereof. If any provision contained in this Agreement is determined to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Dated this� day of December, 2010. STATE OF NEBRASKA ) ) ss: COiJNTY OF ) Before me, a Notary Public for said County, personally came Wayne D. Stoitenberg and Mary V. Stoltenberg, husband and wife, known to me to be the identical persons who signed the foregoing Waiver of Right of First Refusal and acknowledged the execution thereof to be their voluntary act and deed. Witness my hand and Notarial Seal on this Z'�day of December, 2010. c� N O H 1—+ O 0 m w � � � v � Z � �I79 C m z O i� �� �