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200109767
<br />SPECIAL WARRANTY DEED
<br />Luzenac America, Inc., a corporation organized and existing under the laws of the State of
<br />Delaware and authorized to do business in the State of Nebraska, having an address of 9000 East
<br />Nichols Avenue, Suite 200, Englewood, Colorado, and being the GRANTOR herein, is the successor
<br />to the interest of Cyprus Mines Corporation in and to the real property described herein by virtue of
<br />the Special Warranty Deed from Cyprus Mines Corporation to Cyprus Talc Corporation made and
<br />entered into April 30, 1992 and recorded in the Hall County Register of Deeds as Document No. 92-
<br />104361, and by virtue of the change of the name of Cyprus Talc Corporation to Luzenac America,
<br />Inc., as evidenced in the Certificate of Amendment of Certificate of Incorporation dated June 30,
<br />1992 and recorded in the Hall County Register of Deeds as Document No. 93- 101248.
<br />Grantor, in consideration of Ten Dollars ($10.00) and other good and valuable consideration
<br />to it paid, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, convey and
<br />confirm unto the County of Hall, Nebraska, a body politic and corporate and a political subdivision
<br />of the State of Nebraska, GRANTEE, all the estate, right, title, interest, claim and demand
<br />whatsoever of Grantor, whether in law or in equity, in and to a portion of the real estate (as defined
<br />in Neb. Rev. Stat. 76 -201) situated in the Northeast Quarter (NE 1/4) of Section 15, Township 11
<br />North, Range 9 West of the Sixth Principal Meridian, in Hall County, Nebraska, described as Lot 1
<br />of the Luzenac Subdivision, as more particularly described on the subdivision plat recorded on
<br />September 19, 2001, in the Hall County Register of Deeds as Document No. 0200109516.
<br />This deed is made SUBJECT TO the following:
<br />(a) All taxes and all assessments, or, if payable in installments, all installments of
<br />assessments, levied upon or assessed against the foregoing premises which became or may become
<br />due and payable for the year 2001 shall be prorated as of the date of delivery of this deed by Grantor
<br />to Grantee, said date being the 26th day of September, 2001; and Grantee assumes and agrees to pay,
<br />or to reimburse Grantor for, if paid by it, all such taxes and assessments and installments of
<br />assessments applicable to the period subsequent to the date of delivery of this deed and assumes all
<br />taxes and all assessments and all installments of assessments which may become due and payable
<br />after said year; and
<br />(b) All liens, encumbrances, clouds upon, impairments of and defects in the title created
<br />or permitted to be created by Grantee on and after the date of delivery of this deed by Grantor to
<br />Grantee, and any and all restrictions and limitations imposed by public authority, and any easements,
<br />restrictions and/or outstanding rights of record, and exceptions, reservations and conditions
<br />contained in prior deeds or open and obvious on the ground.
<br />TO HAVE AND TO HOLD, subject to the aforesaid provisions, the premises described
<br />above, with the appurtenances thereunto belonging, unto Grantee, its successors and assigns, forever,
<br />and Grantor, for itself, and its successors and assigns, does covenant with Grantee, its successors and
<br />assigns, that it is lawfully seized of said premises, that they are free from encumbrances, except as
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