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201403613
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Last modified
8/19/2014 2:26:13 PM
Creation date
6/16/2014 3:59:25 PM
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DEEDS
Inst Number
201403613
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EXHIBIT II TO LIMITED WARRANTY DEED <br />RESERVATION OF CONSERVATION EASEMENT <br />201403613 <br />This Reservation of Conservation Easement constitutes an integral part of the Limited <br />Warranty Deed with Reservation of Conservation Easement to which it is attached (the "Deed "), <br />by means of which The Nature Conservancy, a District of Columbia non - profit corporation <br />having a local address of 1007 Leavenworth St., Omaha, NE 68102 ( "Conservancy ") is <br />conveying to Jerry J. Studnicka and Suellen Studnicka, husband and wife as joint tenants with <br />rights of survivorship, with an address of 37147 Navaho Road, Ravenna, NE 68869 <br />( "Grantee "), the property in Hall County, Nebraska, which is more particularly described <br />below. The term "Deed," as used hereafter, shall include all of the provisions of this Reservation <br />of Conservation Easement (hereinafter "Conservation Easement "). The Conservancy and <br />Grantee have agreed upon the terms of the Conservation Easement which are set out in more <br />detail below. <br />RECITALS <br />A. PROPERTY. The property that is the subject of the Deed and this Reservation of <br />Conservation Easement over real property is located in Hall County, Nebraska, legally <br />described in Exhibit A, attached hereto and incorporated by this reference into the Deed <br />(the "Property "). <br />B. MISSION. The mission of The Nature Conservancy is to conserve the lands and waters <br />on which all life depends. <br />C. QUALIFIED ORGANIZATION. The Conservancy is a "qualified organization" as <br />that term is defined in 26 USC 170(h)(3) and applicable regulations. <br />D. AUTHORIZING STATUTE. The State of Nebraska has authorized the creation of <br />conservation easements pursuant to the Conservation and Preservation Easements Act, <br />Nebraska Code Sections 76 -2,111 to 76 -2,118 and the Conservancy and Grantee wish to <br />avail themselves of the provisions of that law without intending that the existence of this <br />Conservation Easement be dependent on the continuing existence of such law. <br />Now, therefore, in connection with the conveyance of the Property by the Conservancy to <br />the Grantee, made in consideration of the foregoing recitals, the respective agreements of the <br />parties that are hereinafter set forth, and other good and valuable consideration, the receipt and <br />sufficiency of which is hereby acknowledged, and pursuant to the authorizing statute cited <br />above, the Conservancy hereby reserves and retains unto itself a conservation easement in gross <br />in perpetuity consisting of the rights and restrictions enumerated below, over and across the <br />Property. Grantee agrees, for itself and for any and all successors and assigns of Grantee's <br />interest in the Property, that the Conservation Easement is hereby reserved and retained by the <br />Conservancy, and by any and all successors and assigns of the Conservancy as the holder(s) of <br />the Conservation Easement. <br />Page 6 of 24 Pages <br />
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