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10. Warranty. The undersigned owner, as Subdivider, warrants that it is the <br />owner in fee simple of the land described and proposed to be known as CHIEF /WESTGATE <br />SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for <br />examination, if necessary, upon request of the City of Grand Island. <br />11. Successors and Assigns. This agreement shall run with the land and shall be <br />binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, <br />and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any <br />lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the <br />Subdivider has not performed such conditions. <br />Dated 3-LA 5 , 2013. <br />STATE OF NEBRASKA ) <br />)ss <br />COUNTY OF HALL <br />On --yr -e.. ') , 2013, before me, the undersigned, a Notary Public in and for said County <br />and State, persofally appeared Ostdiek, Vice President/Chief Financial Officer, Chief Industries, Inc., a Delaware <br />corporation, known personally to me to be the identical person and such officer who signed the foregoing Subdivision <br />Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on <br />behalf of Chief Industries, Inc. <br />WITNESS my hand and notarial seal the date above written. <br />GENERAL NOTARY - State of Nebraska <br />BARBARA J. SALADEN <br />My Comm. Exp. Oct 4, 2013 <br />My commission expires: /0 - 4/- <br />5 <br />CHIEF INDUSTRIES, INC., A <br />DELAWARE CORPORATION, Subdivider <br />By: <br />Dave Ostdiek, Vice President/Chief <br />Financial Officer <br />N ' ary Public <br />201304691 <br />