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20�202043 <br />WARRANTY DEED <br />The City of Grand Island, a(n) Nebraska Municipal Corporation ("GRANTOR"), for and in <br />consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) cash and other good and valuable <br />consideration to it paid by BNSF RAILWAY COMPANY, a Delaware corporation ("GRANTEE"), <br />whose mailing address is 2500 Lou Menk Drive, Fort Worth, Te�ca.s 76131, the receipt and su�ciency of <br />which are hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD, and <br />CONVEYED, and by these presents does GRANT, BARGAIN, SELL, and CONVEY unto the Grantee <br />that certain tract of land ("Land") described on Ezhibit "A" hereto, together with all improvements <br />thereon and all rights and appurtenances appertaining thereto, and all of Seller's rights and interest, if any, <br />in and to all easements and alleys, highways, or streets in, on, across or adjoining the Land (herein <br />collectively called the "Property"). <br />This Deed is executed by GRANTOR and accepted by GRANTEE subject to validly existing and <br />enforceable rights, interests, and esta.tes, if any do in fact exist, but only to the extent that the same do in <br />fact exist, of third parties in connection with those items set out and listed on Ezhibit "B" hereto (herein <br />called the "Permitted Encumbrances"). GRANTOR covenants with GRANTEE that GRANTOR has <br />legal power and lawful authority to convey the Land. <br />TO HAVE AND TO HOLD the Property together with all and singulaz the rights and <br />appurtenances thereto in anywise belonging unto GRANTEE, its legal representa.tives, successors, and <br />assigns forever; and GRANTOR does hereby bind itself, its legal representa.tives, successors, and assigns to <br />WARRANT AND FOREVER DEFEND all and singular the Property, subject to the Permitted <br />Encumbrances, unto GRANTEE, its legal representa.tives, successors, and a.ssigns, against every person <br />whomsoever lawfully claiming or to claim the same or any part thereof. <br />WITNESS THE EXECUTION HEREOF as of the nb day of C, 2012 <br />GRANTOR: <br />