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201001745 <br />EXHIBIT A TO SPECIAL WARRANTY DEED <br />PERMITTED EXCEPTIONS <br />HV Grand Island Grocery Store (Parcel .Z) <br />1. Taxes not yet due or payable for the year 2010 and subsequent years not yet due and <br />payable. <br />2. Special taxes now assessed or levied, but payable in future installments: None <br />Subdivision Agreement for Martin's Subdivision filed July 7, 1999 in the Register of <br />Deeds Office as Document No. 99-106821. (Parcels 1 & 2) <br />4. Subdivision Agreement for Martin's Second Subdivision filed February 9, 2005 in the <br />Register of Deeds Office as Document No. 200501140. (Parcels 1 & 2) <br />Subject to easements as shown on Plat of Martin's Subdivision, in the City of Grand <br />Island, Hall County, Nebraska filed July 2, 1999 in the Register of Deeds Office as <br />Document No. 99-106689. Excepting that vacated easement and right of way as shown in <br />Ordinance No. 8913, filed June 1 U, 2004 in the Register of Deeds Office as Document <br />No. 200405736. (Parcels 1 & 2) <br />6. Subject to Easements as shown on the Final Plat Martin's Subdivision in the City of <br />Grand Island, filed June 28, 1999 in the Register of Deeds Office as Document No. 99- <br />106460, (Parcels 1 & 2) <br />7. Operation and Easement Agreement between Kohl's Illinois, Inc. and 281 & Old Potash <br />LLC, dated December 1, 2004, filed February 9, 2005 in the Register of Deeds Office as <br />Document No. 200501143. First Amendment to Operation and Easement Agreement by <br />and between KOHL'S ILLINOIS, INC., Nevada Corporation and 281 & Old Potash LLC, <br />a Nebraska limited liability company dated August 24, 2005, filed October 12, 2005 in <br />the Register of Deeds Office as Document No. 200510141. (Parcel 2) <br />8. Second Amendment to Operation and Easement Agreement executed by and among <br />KOHL's ILLINOIS, INC. and 281 & OLD POTASH LLC, dated May 30, 2006, filed <br />November 22, 2006 in the Register of Deeds Office as Document No. 200610446. (Parcel <br />2) <br />9. Subject to vacation of easements as shown in Ordinance No. 8967, filed March 9, 2005 in <br />the Register of Deeds Office as Document No. 200502035. (Parcel 2) <br />70637.DUD085 EMF US 30182273v1 <br />