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Return to: Prairie Title, Inc., P.O. Box 309, Hastings NE 68902 <br />SPECIAL WARRANTY DEED <br />Diann Fleharty, as Trustee, of the Diann Fleharty Trust, dated September 22, 1994, as <br />further amended and restated on December 15, 2011 ( "Grantor "), in consideration of One Dollar <br />($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, <br />does hereby grant, sell, convey and demise unto Larry D. Toben and Jennifer S. Toben, husband <br />and wife, as joint tenants with right of survivorship ( "Grantee "), all of Grantor's right, title and interest <br />in and to the following described real estate (as defined in Neb. Rev. Stat. § 76 -201), together with <br />all improvements thereupon, if any, lying, being, and situate in the County of Hall and State of <br />Nebraska (the "Property "): <br />The West Half (W %) of the Southwest Quarter (SW %) of Section 10 and the North <br />Half (N %) of the Northwest Quarter (NW %) of Section 15, all in Township 9 North, <br />Range 10 West of the 6 P.M., Hall County, Nebraska. <br />SUBJECT, however, to all matters of record, including but not limited to zoning ordinances <br />and regulations, ad valorem taxes and assessments for the year 2013 and subsequent years, and <br />all easements, covenants and restrictions, reservations and conditions of record. <br />Grantor hereby covenants with Grantee that Grantor: <br />(i) <br />is lawfully seized of the interest in the Property and that the Property is free and clear <br />of all liens and encumbrances, except all matters of record; <br />(ii) has legal power and lawful authority to sell and convey the interest in the Property; <br />and <br />(iii) warrants and will defend the title to the Property conveyed hereunder against the <br />lawful claims of all persons claiming the same or any part thereof, through, by or <br />under Grantor. <br />[Remainder of page intentionally left blank; signature page follows.] <br />RETURN TO: <br />Marlon M. Lofgren <br />Koley Jessen P.C., L.L.O. <br />1125 South 103r Street, Suite 800 <br />Omaha, NE 68124 <br />4819-8783-2341 1 <br />