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201002651 ~~ plans and specifications including required test results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 9. Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as JBS SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 10. Successors and Assigns. This agreement shall run with the land anal shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated ('~12 rGh o~9 , 2010. Cad ora~d STATE OF N~BP~~cA ) ~~ ) ss COUNTY OF ) By SWIFT BE};F CQMPANY JBS USA LLC, Subdivider Richard Vesta, Head of Beef/Hides On ~~,~~~ a~ , 2010, before me, the undersigned, a Notary Public in anal for said County and State, personally appeared Richard Vesta, Head ofBeef/Hides, JBS USA LLC and Swift Beef Company, a Delaware Corporation, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of JBS USA LLC. and Swift Beef Company. WITNESS my hand and notarial seal the date above wri Notary Public My commission expires: ~(~, 1 aZ 9 F ZC71~ RACHELL~ DURHAM - 5 - No#ary Public State of Colorado My Commlaelon ExplrB~ April 2~, ~~1 ~