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200312263
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Last modified
10/16/2011 6:24:53 AM
Creation date
10/28/2005 3:24:09 PM
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DEEDS
Inst Number
200312263
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REQUEST FOR AND 200312263 <br />DEED OF PARTIAL RECONVEYANCE — Corporation (page 2) <br />PROJECT: 30- 4(1027) C.N.: 400588 TRACT: 17 <br />THERE WILL BE NO INGRESS OR EGRESS OVER THE FOLLOWING DESCRIBED CONTROLLED <br />ACCESS LINE LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF <br />SECTION 11, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL <br />COUNTY, NEBRASKA: REFERRING TO THE SOUTHEAST CORNER OF SAID QUARTER QUARTER <br />SECTION; THENCE WESTERLY A DISTANCE OF 298.92 FEET ALONG THE SOUTH LINE OF SAID <br />QUARTER SECTION TO THE POINT OF BEGINNING; THENCE NORTHEASTERLY DEFLECTING 142 <br />DEGREES, 50 MINUTES, 46 SECONDS RIGHT, A DISTANCE OF 330.23 FEET TO A POINT ON THE <br />WESTERLY SHADY BEND ROAD RIGHT OF WAY LINE TO THE POINT OF TERMINATION; <br />SAID GRANTOR DOES HEREBY RETAIN AND RESERVE TO SAID GRANTOR AND TO HIS, <br />HER OR THEIR HEIRS, SUCCESSORS AND ASSIGNS ALL RIGHTS TO MINERALS, IN, <br />UNDER OR ON THE ABOVE DESCRIBED REAL PROPERTY. SAID GRANTOR AND /OR HIS, <br />HER OR THEIR HEIRS, SUCCESSORS AND ASSIGNS SHALL HAVE NO RIGHT TO ENTER <br />OR USE THE SURFACE OF SAID REAL PROPERTY FOR ANY PURPOSE CONCERNING <br />SAID MINERAL RIGHTS, NOR SHALL SAID GRANTOR AND /OR HIS, HER OR THEIR <br />HEIRS, SUCCESSORS AND ASSIGNS IN EXTRACTING SAID MINERALS FROM SAID REAL <br />PROPERTY, DAMAGE OR IN ANYWAY IMPAIR THE USE OF SAID REAL PROPERTY. <br />Together with all buildings, fixtures, improvements, and appurtenances belonging to such <br />premises. <br />Terms of Partial Reconveyance. Except to the extent provided above, the undersigned agree <br />as follows: <br />(1) This Partial Reconveyance shall not affect the lien or encumbrance of the Trust Deed <br />on, or any of the security interests or other rights of the Beneficiary in, any property other than <br />the Release Parcel and to the extent the Trust Deed covers property other than the Release <br />Parcel, the Trust Deed is and shall be in full force and effect as against all property described <br />therein other than the Release Parcel. The Secured Indebtedness secured by the Trust Deed <br />are continuing obligations, and, except to the extent expressly set forth above, nothing <br />contained herein shall be deemed to release, terminate, reconvey or subordinate any lien, <br />security title, security interest or assignment created or evidenced by the Trust Deed, and all <br />such liens, security title, security interests and assignments and the priority thereof shall relate <br />back to the date that the Trust Deed was recorded; and <br />(2) The Trust Deed, as modified hereby, is and shall remain in full force and effect, and the <br />Grantor hereby ratifies and confirms the same. The Grantor and the Beneficiary intend that this <br />partial reconveyance shall in no way affect the priority of the Trust Deed against any of the <br />property described therein other than the Release Parcel or constitute a novation of the <br />indebtedness secured thereby, it being the expressly declared intent of the parties hereto that <br />no novation of the Trust Deed or any of the related loan documents be created hereby; and <br />(3) Notwithstanding any provision contained herein, the Beneficiary makes no warranty, <br />indemnity or guaranty of any kind with respect to the Release Parcel released hereby, the <br />ownership thereof or any other matter. <br />[THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK] <br />
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