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<br />EXHIBIT B <br />TO <br />SPECIAL WARRANTY DEED <br /> <br />200510142 <br /> <br />PERMITTED EXCEPTIONS <br /> <br />1. Taxes not yet due or payable for the year 2005 and subsequent yeats. Special ta.xc.s now assessed <br />or I~vied, but payable in future installments: NONE <br /> <br />2. Attention is directed to tho fad that thi:; commitmenl does DOt insure a$ to the pccS()oal property <br />and/or personal property taxes wbieb are assessed prior or subsequent to this date against the <br />proposed insured premises as shown in Sections n~102 theu n-127 of the Legislature of <br />Nebraska. <br /> <br />3~ Subdivision Agreement of Martin's Subdivision dated JWle 24, 1999 and mod July 7, 1999 in the <br />Registol: of Deeds Office as Document No. 99-10682L <br /> <br />4. Subject to ease~eQts lIS shown on Plat of Martin'l; Subdivi1ion, in the City of Grand Island, Hall <br />County, Nebraska [tied July 2, 1999 in the Register of Deeds om~ as Doculb.ent No. 99-106689, <br />Excepting tbat vacated e~ent and right or way lIS showa in Ord~ce No. 8913 filed June 10, <br />2004 in the Register of Deed$ Office as DocWtleat No. 20040STJ6. <br /> <br />5 . Subject to Basements as slwwn and dedicated Oil the plat oC Martin's Serond SubdivisiQn. <br /> <br />6 ~ Subdivision Agreement for Martin's Second Subdivision filed Fcbruary 9. 2005 in the Register <br />of Deeds Office as D()(;Umc.nt No. 200501140. <br /> <br />7. OperatiOQ and ElUement Agrocment between Kohl's Illinois, Inc. and 28] & Old Potash LLc., <br />dated Decembc( 1, WQ4, fUed February 9, 2005 in tbe Register (){ Oeeds Offke as D<lCum.em No. <br />200501l4~ as ameooed by First ~t recorded on even date hel"EM1.th. <br /> <br />a. Co-ustrurooQ IMed of Trust Uecuted by 281 & Old Potash LLC, A Limited Liability Q)mp:my <br />to Wells Fargo Bank, National A$so.ciation, Tl'U$t(:c and Be(lC.fjdary. CoDlltmction Dccd of Trust <br />dated febntM}' 17, 2005, r.tled March 4, 2005 in the Register 01 Deeds Office as Document No. <br />200501885. <br /> <br />9 - Notice of CommetlwUlen{ executed by Owner-281 & Old Potash u.c, a Nebraska limited <br />liability company by F..dgemark OevelOpment u'c, A Colorado Limited Liability Company, <br />Manager. N(l(iu: of Commencement filed March 9, 2005 in the Regi$ter of Deeds Office as <br />Document No.1OO5()2039. <br /> <br />10. Subject tc) vacatio.ll of easements as shown in Ordil.uut<<. No. 8967. filed March 9. 2005 .in the <br />Register of Deeds Office as Document No. 200502035. <br /> <br />11. Subject to Easements as shown and dedkated on tiN:> plat of Martin's Tbint Subdiviilion. <br /> <br />12. Subdivision Agreement for Martin's Third Subdivision filed March 18, 200:5 in the Register of <br />Deeds Office as Docum.ent No. 200502334. <br /> <br />13~ Subject to Basements of said lot as shown and dedicated on the plat of Martin's Fourth <br />Subdivision. <br /> <br />14. Subdivision Agreemea( for Martin's Fourth Subdivision filed Augu:>t 23, 2005 in the Register of . <br />Deeds Office as DQ<.:tlmcn( NQ. 200508266. <br /> <br />15. Declaration of Sign Easenent recorded on even date herewith. <br /> <br />{318582101l0/2005 10:00 AM.RFISCHER.A0208687.DOC;4} B-1 <br />