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CASH <br />CHECK u0 <br />REFUNDS: <br />CASH <br />CHECK <br />RECORDED <br />HALL COUNTY NE <br />INST 10211 0 1 2 31 2021114AR 2b A II: Ob <br />KRIS T I WOLD <br />REGISTER OF DEEDS <br />NOTICE AND ACKNOWLEDGEMENT OF <br />EXERCISE AND ALLOCATION OF RIGHTS <br />The Nature Conservancy (TNC), Jerry J. Studnicka and Suellen Studnicka, and Todd <br />Kelley and Heather Kelley, hereby acknowledge and give notice of an allocation and exercise of <br />certain rights provided for in the "Limited Warranty Deed with Reservation of Conservation <br />Easement" granted by The Nature Conservancy, a District of Columbia nonprofit corporation, to <br />Jerry J. Studnicka and Suellen Studnicka, recorded and entered as Instrument No. 201403613 on <br />June 16, 2014 in the Book of Records of Hall County, Nebraska. The property encumbered by <br />the Conservation Easement is more fully described in Exhibit A to the Conservation Easement <br />and in the attached Exhibit A (the "Property"). <br />Pursuant to a Survivorship Warranty Deed from Jerry J. Studnicka and Suellen Studnicka <br />(Grantors) to Todd Kelley and Heather Kelley (Grantees), entered as Instrument No. 202200042 <br />on January 3, 2022, in the Book of Records of Hall County, Nebraska ("Survivorship Deed"), <br />Grantors conveyed to Grantees an approximately 37.99 -acre portion of the Property, as more <br />fully described in the Survivorship Deed and in the attached Exhibit B. In addition, pursuant to a <br />Joint Tenancy Quitclaim Deed from Grantors to Grantees, recorded and entered as Instrument <br />No. 202200043 on January 3, 2022, in the Book of Records of Hall County, Nebraska <br />("Quitclaim Deed"), Grantors conveyed to Grantees accretion ground adjacent to the portion of <br />the Property conveyed by the Survivorship Deed, which accretions are described more fully in <br />the Quitclaim Deed and in the attached Exhibit C. <br />TNC acknowledges that Grantors had the right under the Conservation Easement to <br />subdivide the Property into two separate, legal transferrable parcels, as Grantors did by the <br />January 3, 2022, conveyance effectuated by the Survivorship Deed and the Quitclaim Deed. <br />Grantors and Grantees acknowledge that the conveyance of that real estate described in <br />the Survivorship Deed and the Quitclaim Deed constitutes the full and complete exercise of <br />rights permitted under paragraph 3.1 of the Conservation Easement. Grantors and Grantees <br />further acknowledge that pursuant to paragraph 3.1 of the Conservation Easement, the Property <br />shall not be further divided, subdivided, or partitioned. <br />Grantors acknowledge that they knowingly and willingly allocated to Grantees the right <br />set forth in paragraph 4.4 of the Conservation Easement to construct one small storage shed, <br />subject to the terms and conditions of paragraph 4.4 and all other applicable provisions of the <br />Conservation Easement. Grantors acknowledge that there is no right to construct a storage shed <br />on the portion of the Property retained by Grantors. <br />Grantors and Grantees acknowledge that the Property remains subject to all other terms <br />and conditions of the Conservation Easement, which remains in full force and effect, and further <br />acknowledge that no other terms or conditions of the Conservation Easement have been <br />exercised or allocated. <br />This Notice may be executed in counterparts, all of which executed counterparts shall <br />together constitute a single document. Signature pages may be detached from the counterparts <br />and attached to a single copy of this Notice to physically form one document. <br />IN WITNESS WHEREOF, TNC, Grantors, and Grantees have executed this NOTICE AND <br />ACKNOWLEDGEMENT OF EXERCISE AND ALLOCATION OF RIGHTS as set forth <br />herein, effective as of the last date written below. <br />