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D E E p ..5 ij{! .~,j }.`)
<br />KNOW ALL MEN BY THESE PRESENTS: That we, CHARLES 8.
<br />PAINE and BAYARD H. PAINE, JR., of Grand Island, Hall County,
<br />Nebraska, as Co-Executors of the Estate of GRACE BENTLEY PAINE,
<br />Deceased, and NATIONAL BANK OF COMMERCE TRUST AND SAVINGS
<br />ASSOCIATION, a Corporation organized and existing under and by
<br />virtue of the laws of the United States of America, and BAYARD H.
<br />PAINE, JR., as Co-Trustees under the Last Will and Testament of
<br />GRACE BENTLEY PAINE, Deceased, which said Will was duly approved
<br />and admitted to record in the Probate Court of Hall County,
<br />Nebraska, on March 2, 1956, and is of record in said Court, Parties
<br />of the First Part, and ALICE E. PAINE, an unmarried woman, CHARLES
<br />B. PAINE and HAZEL B. PAINE, his wife, and BAYARD H. PAINE, JR.,
<br />and LORZNE J. PAINE, his wife; Earties of the Second Part, and
<br />MERCHANTS DEVELOPMENT CO., a Partnership, of Grand Island, Hall
<br />County, Nebraska, Party of the Third Part, WITNESSETH:
<br />WHEREAS, said Will confers and empowers said Co-Executors
<br />and the Co-Trustees, among other things, to sell real property; and,
<br />WHEREAS, CHARLES B. PAINE resigned as a Co-Trustee on
<br />July 20, 1979, and on the same date the NATIONAL BANK pF COMMERCE
<br />TRUST AND SAVINGS ASSOCIATION, Lincoln, Nebraska, succeeded him as
<br />a Co-Trustee, said Bank being the successor of the First Trust
<br />Company, of Lincoln, Nebraska, all in accordance with the terms
<br />of the Last Will and Testament of GRACE BENTLEY PAINE, Deceased,
<br />and the Trust has been known as the GRACE B. PAINE TRUST:
<br />NOW, THEREFORE, we, said Parties of the First Part, as
<br />such Co-Executors and as such Co-Trustees, and we, said Parties of
<br />the Second Part, in consideration of the premises, and the sum of
<br />SIXTY-FIVE THOUSAND AND NO/100 DOLLARS ($65,000.00), to us in hand
<br />paid by MERCHANTS DEVELOPMENT CO., the Party of the Third Part,
<br />receipt whereof is hereby confessed and acknowledged, and by virtue
<br />of and in execution of the powers given to the Co-Executors and the
<br />Co-Trustees in said Will and of every c±her power and authori.t:y to
<br />the undersigned Co-Executors and Co-Trustees hereupon enabling, do
<br />hereby grant, barg~ir., sell and convey unto MERCHANTS DEVELOPMENT
<br />CO., Party of the Third Part, all of the following real estate
<br />situated in the County of Hall, and State of Nebraska, and more
<br />particularly described as follows:
<br />The Westerly Two-thirds (W 2/3) of Lot Three
<br />(3), in Block Sixty-four {64), in the Original
<br />Town, now City, of Grand Island, Nebraska.
<br />TO HAVE AND TO HOLD the above described premises, to-
<br />gether with all tenements, hereditaments and appurtenances thereto
<br />belonging, unto the Party of the Third Part and to its heirs,
<br />successors and assigns forever.
<br />And said Parties of the First Part, for themselves, their
<br />heirs, executors and administrators, do covenant, promise and
<br />undertake to and with the Party of the Third Part and with its
<br />heirs, successors and assigns that they are lawfully Co-Executors
<br />and Co-Trustees of the Last Will and Testament of GRACE BENTLEY
<br />PAINE, Deceased, and have power to convey the aforesaid property,
<br />and have in all respects acted in making this conveyance, in pur-
<br />suance of the authority granted in and by the said Last Will and
<br />Testament, and that they have not made, done or suffered any act,
<br />matter or thing whatsoever since they were Co-Executors and Co-
<br />Trustees as aforesaid, whereby the above granted premises, or any
<br />part thereof, shall, are or may be impeached, charged or encumbered
<br />in any manner whatsoever; and, that the Parties ~f ~h~ co_.,,,,,a _n
<br />warrant and will defend the title of said premises againstvthe Law-
<br />ful claims of all persons whomsoever, except si.~bject to any and all
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