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<br /> <br /> <br /> r=n _ <br /> 33 <1 zz <br /> = R1 O C N Q <br /> <br /> 00 Cn <br /> (0 <br /> M C:) <br /> m r- 7 W CD <br /> G <br /> Z o r' T GO <br /> cm cn M <br /> N) CO Z <br /> G1 0 <br /> Notice of Interest in Real Estate co <br /> This Notice of Interest in Real Estate ("Notice") dated as of December 2, 2010, is 3 jb <br /> being filed pursuant to the provisions of Neb. Rev. Stat. § 76-292 (Reissue 2009). <br /> Notice is hereby given that BonnaVilla Homes, a division of Chief Industries, Inc., a <br /> Delaware Corporation ("Chief'), has an interest in the real estate legally described on <br /> Exhibit "A" (the "Real Estate") attached hereto and incorporated herein by this <br /> reference. Such interest derives from the Agreement for Prepaid Rebates (the <br /> "Agreement") entered into on or about September 2, 2005, by and between Chief and <br /> Copper Creek Estates - Grand Island, L.L.C., a Nebraska limited liability company <br /> ("Copper Creek"). Copper Creek is the owner of the Real Estate. <br /> Pursuant to Section 3 of the Agreement, "Each of the five hundred forty (540) <br /> residential lots contained within [Copper Creek's] subdivision or additions thereto will <br /> have its use regulated through restrictive covenants requiring that all initial <br /> manufactured homes placed upon lots within the subdivision or additions must be <br /> product manufactured by [Chief], its successors or assigns." Section 5 of the <br /> Declaration of Covenants, Conditions and Restrictions of Copper Creek Estates <br /> Subdivision, recorded on October 12, 2007, at Instrument No. 200708774 restricted <br /> the use of the lots described therein in accordance with the terms of the Agreement. <br /> Copper Creek filed a Complaint related to the Agreement in the District Court of Hall <br /> County, Nebraska. Such Complaint was filed at Case No. CI 09-247 and a full copy of <br /> the Agreement was attached to such Complaint. <br /> By filing this Notice, Chief asserts no interest in the Real Estate beyond that <br /> interest granted in the Agreement. Chief reserves the right to terminate this Notice by <br /> filing a Notice of Termination. <br /> "CHIEF" <br /> BonnaVilla Homes, a division of <br /> aiendustries, I 'tom <br /> <br /> David Ostdiek <br /> Vice President and <br /> Chief Financial Officer <br /> <br /> <br /> <br /> <br /> <br /> { 1324868.1 } 1 <br />