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EXHIBIT 200214387
<br />Permitted Encumbrances
<br />i. General and special taxes and assessments which arc a lien but are not yet due and
<br />payable.
<br />2. Easement from William Davis and Anna R. Davis, husband and wife, to the Central
<br />Power Company, recorded January 12, 1931, in Miscellaneous Book Q, Page 399, in the
<br />office of the Register of Deeds of Hall County, Nebraska (hereinafter "Hall County,
<br />Nebraska ").
<br />3. Restrictions as to ingress and egress from insured premises onto U.S. Highway No. 281,
<br />as evidenced by Return of Appraisers in condemnation suit proceedings, recorded
<br />July 24, 1963, in Miscellaneous Book 12, Page 17, Hall County, Nebraska.
<br />4. Terms and provisions of Short Form Lease made by The Ericson Development Co., Inc.,
<br />a Minnesota corporation ( "Landlord "), to T.L. Brandeis & Sons, Inc. ( "Tenant "), recorded
<br />November 2, 1972, in Miscellaneous Book 23, Page 629, Hall County, Nebraska, and
<br />Amended Short Form Lease made by The Ericson Development Co., Inc., and
<br />J.L. Brandeis & Sons, Inc., recorded January 31, 1973, in Miscellaneous Book 24,
<br />Page 192, Hall County, Nebraska. The Lessor's interest in such lease was subsequently
<br />assigned by an Assignment of Lease from The Ericson Development Co., Inc., to
<br />Conestoga Mall of Nebraska, Inc., a Minnesota corporation, recorded January 31, 1973,
<br />in Miscellaneous Book 24, Page 200, Hall County, Nebraska, and an Assignment from
<br />Conestoga Mall of Nebraska, Inc., to Teachers Insurance and Annuity Association of
<br />America, a New York corporation, recorded February 23, 1976, as Instrument
<br />No. 76- 000861, Hall County, Nebraska, further assigned by an Assignment of
<br />Assignment from Teachers Insurance and Annuity Association of America to
<br />WRC Properties, Inc., recorded February 23, 1976, as Instrument No. 76- 000862,
<br />Hall County, Nebraska, and subsequently included in the Assignment and Assumption of
<br />Leases made by WRC Properties, Inc., and Conestoga Joint Venture, an Ohio general
<br />partnership, recorded December 20, 1984, as Instrument No. 84- 006643. The Lessee's
<br />interest was subsequently assigned by an Assignment of [Tenant's interest in] Lease from
<br />Alan Baer and Marcia Baer, husband and wife, to Younkers Inc., a Delaware corporation,
<br />recorded February 9, 1987, as Instrument No. 87- 100719, Hall County, Nebraska.
<br />Terms and provisions of Short Form Lease made by The Ericson Development Co., Inc.,
<br />and Miller and Paine, Inc., recorded January 31, 1973, in Miscellaneous Book 24,
<br />Page 195, Hall County, Nebraska. The Lessor's interest was subsequently assigned by an
<br />Assignment of Lease from The Ericson Development Co., Inc., to Conestoga Mall of
<br />Nebraska, Inc., recorded January 31, 1973, in Miscellaneous Book 24, Page 203,
<br />Hall County, Nebraska, and an Assignment from Conestoga Mall of Nebraska, Inc., to
<br />Teachers Insurance and Annuity Association of America, recorded February 23, 1976, as
<br />Instrument No. 76- 000861, Hall County, Nebraska, and further assigned by an
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