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200208766 <br />ti <br />SPECIAL WARRANTY DEED, Farm Progress to Rowher Family Limited Partnership <br />Principal Meridian, Hall County, Nebraska. The location and extent of these <br />easements are indicated on the attached Exhibit "A ". <br />h. All existing outgrants (including Easement No. DACA45 -2 -83- <br />6038 granted to Southern Nebraska Rural Public Power District, for an overhead <br />electric distribution line right -of -way, 18 feet in width, beginning near the <br />southwest corner of Section 26, then running generally west to east, near the <br />southern edge of the Land Management Tract 53 for a distance of 2,650 feet, the <br />location and extent of the easement is indicated on the attached Exhibit "A ", and <br />Installation Commander's agreements, whether or not of record or otherwise <br />approved in writing by Grantee ( "Farm Progress'). <br />VI. MISCELLANEOUS GRANTEE COVENANTS <br />Grantee (`Farm Progress') covenants for itself, and its successors or <br />assigns, and every successor in interest in the Property, to abide with each of the <br />agreements and covenants running with the land hereinabove identified in this <br />Quitclaim Deed. In addition, Grantee ('Farm Progress') and its assigns shall be <br />deemed a beneficiary of each of the following agreements and covenants without <br />regard to whether it remains the owner of any land or interest therein in the <br />locality of the Property hereby conveyed and shall have a right to enforce each of <br />the following agreements and covenants in any court of competent jurisdiction. <br />Notwithstanding the foregoing, Grantor ('Government'), and its assigns shall <br />have no affirmative duty to any successor in title to this conveyance to enforce <br />any of the following agreements and covenants. <br />a. Except as otherwise stated herein, it is understood and agreed by <br />Grantee (`Farm Progress'), for itself and its successors and assigns, that the <br />Property is conveyed "as is" and "where is" without any representation or <br />warranty on the part of Grantor (`Government') to make any alterations, repairs <br />or additions. Grantor ( "Government') shall not be liable for any latent or patent <br />defects in the Property. Grantee (Farm Progress'), for itself and its successors <br />and assigns, acknowledges that Grantor ( "Government') has made no <br />representations or warranty concerning the condition and state of repair of the <br />Property nor in any agreement or promise to alter, improve, adapt or repair the <br />Property. <br />b. The Grantee ( "Farm Progress') shall neither transfer the <br />property, lease the property, nor grant any interest, privilege, or license <br />whatsoever in connection with the property without the inclusion of the <br />environmental protection provisions set out in Section IV herein, and shall <br />require the inclusion of such environmental protection provisions in all further <br />deeds, transfers, leases, or grant of any interest, privilege, or license. <br />03- 75865.02 5 <br />