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acquisition of the Property, or such portion thereof or interest therein , Grantee shall so notify Grantor within 30 days after receipt of Grantor's notice of intent. If Grantor and Grantee are unable , in good faith to agree to terms of an acquisition of the Property, or such interest therein or portion thereof as applicable, within 120 days thereafter, Grantor may sell the Property free of the right granted herein . Provided , however, that closing on such sale shall occur within one year of the date of Grantor's notice to Grantee . If the Property, or such portion thereof or interest therein as is applicable , has not sold within one year after Grantee 's notice to Grantor that Grantee does not intend to negotiate acquisition of the property or within one year after failure to reach agreement to terms of an acquisition , then any intent to sell the Property thereafter shall require renewed notice to Grantee . G . 1 . For purposes of this Conservation Easement , the following shall be included in the term "Grantor": a . Padgett Creek LLC , a Florida Limited Liability Company b . Elson R . Smith , Jr. family, which shall consist of Elson R . Smith , Jr. , his spouse and any lineal descendant of Elson R . Smith , Jr. and his spouse . c. R . William Becker family, which shall consist of R . William Becker, his spouse , any lineal descendant of R. William Becker or any lineal descendant of the spouse of R . William Becker. This right of notice shall not be triggered by sales or transfers between or among the Grantors and such transfers shall be defined as follows: Gifts to family members; transfers to family members by way of descent , intestate succession, devise or distribution pursuant to a validly probated Will or Trust Agreement; transfers to entities controlled by either the R . William Becker family or the Elson R. Smith Jr. family or to a trust in which family members beneficially own or control more than a sixty percent (60%) interest therein , determined actuarially. In determining whether the interest is beneficially owned -or controlled by family members under a Trust Agreement or entity, current owners , income and principal beneficiaries , whether discretionary or mandatory and all reasonably ascertainable beneficiaries who would take if all income interests immediately terminated shall be considered . Notwithstanding this provision , any transferee shall take title to the fee encumbered by this Conservation Easement. G .2 . Grantee acknowledges that there currently exists a Right of First Refusal entered into on the 3rd day of March , 1999 , between Triple "S" Cattle Company, a Florida Corporation and Padgett Creek LLC , the Grantor hereunder, which Right of First Refusal remains in full force and effect as of the date of the execution of this Deed of Conservation Easement and which right is recorded on the Public Records in OR Book 1261 pages 1607, Public Records of Indian River County. Any transferee pursuant to such action shall take title to the fee encumbered by this Conservation Easement. 4