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<br /> SPECIAL WARRANTY DEED ,/A
<br />
<br />
<br />
<br />This Special Warranty Deed (this "Deed") is dated this )tJt1 day of ~"',.
<br />2005, between 281 & OLD POTASH LLC, a Nebraska limited liability company ("Grantor"), ~~:\ ~
<br />whose address is 410 I ih Street, Suite 1705, Denver, Nebraska 80202 and HY - VEE, INC., an c::::.;,... \,
<br />Iowa corporation ("Grantee"), whose address is 5820 Westown Parkway, West Des Moines, ~
<br />Iowa 50266. _,
<br />
<br />WITNESSETH, that Grantor, for and in consideration of the sum of $1,790,000.00 (the
<br />"Purchase Price"), the receipt whereof is hereby confessed and acknowledged by Grantor, has
<br />granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey
<br />and confirm unto Grantee, its successors and assigns forever, all of that certain real property
<br />situate, lying and being in the County of Hall, State of Nebraska, more particularly described on
<br />Exhibit A attached hereto (the "Property").
<br />
<br />TOGETHER WITH all and singular the hereditaments and appurtenances thereunto
<br />belonging, or in any ways appertaining, and the reversion and reversions, remainder and
<br />remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and
<br />demand whatsoever of Grantor, either in law or equity, of, in and to the Property;
<br />
<br />AND TOGETHER WITH all of Grantor's right, title and interest in and to any alleys,
<br />strips or gores adjoining the Property, any easements, rights-of-way or other interests in, on,
<br />under, or to any land, highway, street, road, right-of-way or avenue, open or proposed in, on,
<br />under, across, in front of, abutting or adjoining the Property to the extent applicable to the
<br />Property, and all of Grantor's right, title and interest in and to oil, gas and mineral rights, if any,
<br />appurtenant to or located on or under the Property or any part thereof;
<br />
<br />SUBJECT TO the "Permitted Exceptions," which shall mean (a) any easements,
<br />restrictions and conditions shown on the recorded plat, if any, for the Property; (b) real property
<br />taxes and assessments for 2005 and subsequent years; (c) building, zoning and other applicable
<br />ordinances and regulations of the County of Hall, State of Nebraska; (d) the reservations,
<br />exceptions, easements, rights of way, restrictive covenants, conditions and other matters listed as
<br />Permitted Exceptions on Exhibit B attached hereto; and (e) those matters arising by, through or
<br />under Grantee.
<br />
<br />TO HAVE AND TO HOLD the Property with the appurtenances, unto Grantee, its successors
<br />and assigns forever;
<br />
<br />{J1858.2.10/10/2005 10:00 AM,RFISCHER.A0208687,DOC;4}
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