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200210482
<br />SPECIAL WARRANTY DEED
<br />Luzenac America, Inc., a corporation organized and existing under the laws of the
<br />State of Delaware and authorized to do business in the State of Nebraska, having an address of
<br />9000 East Nichols Avenue, Suite 200, Englewood, Colorado, and being the GRANTOR herein,
<br />is the successor to the interest of Cyprus Mines Corporation in and to the real property described
<br />herein by virtue of the Special Warranty Deed from Cyprus Mines Corporation to Cyprus Talc
<br />Corporation made and entered into April 30, 1992 and recorded in the Hall County Register of
<br />Deeds as Document No. 92- 104361, and by virtue of the change of the time of Cyprus Talc
<br />Corporation to Luzenac America, Inc., as evidenced in the Certificate of Amendment of
<br />Certificate of Incorporation dated June 30, 1992 and recorded in the Hall County Register of
<br />Deeds as Document No. 93- 101248.
<br />Grantor, in consideration of Ten Dollars ($10.00) and other good and valuable
<br />consideration to it paid, the receipt of which is hereby acknowledged, does hereby grant, bargain,
<br />sell, convey and confirm unto LeRoy A. Wadzinski, Trustee of the LeRoy A. Wadzinski Living
<br />Revocable Trust, a Nebraska Trust, and LeRoy A. Wadzinski, Trustee of the Violet Wadzinski
<br />Family Trust, a Nebraska Trust, AN UNDIVIDED ONE -HALF INTEREST EACH, together
<br />being the GRANTEE herein, all the estate, right, title, interest, claim and demand whatsoever of
<br />Grantor, whether in law or in equity, in and to a portion of the real estate (as defined in Neb.
<br />Rev. Star. 76 -201) situated in the Northeast Quarter (NE ' /<) of Section 15, Township 11 North,
<br />Range 9 West of the Sixth Principal Meridian, in Hall County, Nebraska, described as Lot 2 of
<br />the Luzenac Third Subdivision, as more particularly described on the subdivision plat recorded
<br />on September 11, 2002, in the Hall County Register of Deeds as Document No. 0200209558.
<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
<br />become due and payable for the year 2002 shall be prorated as of the date of delivery of this deed
<br />by Grantor to Grantee, said date being the thirtieth (30'h ) day of September, 2002; and Grantee
<br />assumes and agrees to pay, or to reimburse Grantor for, if paid by it, all such taxes and
<br />assessments and installments of assessments applicable to the period subsequent to the date of
<br />delivery of this deed and assumes all taxes and all assessments and all installments of
<br />assessments which may become due and payable after said year. Any special assessment arising
<br />out of any improvement completed or under construction prior to the date of delivery of this deed
<br />by Grantor to Grantee, whether then levied or unlevied, assessed or unassessed, shall be home by
<br />Grantor: and
<br />(b) All liens, encumbrances, clouds upon, impairments of and defects in the title
<br />created or permitted to be created by Grantee on and after the date of delivery of this deed by
<br />Grantor to Grantee, and any and all restrictions and limitations imposed by public authority, and
<br />any easements, restrictions and/or outstanding rights of record, and exceptions, reservations and
<br />conditions contained in prior deeds or open and obvious on the ground; and
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