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2010090E� <br />Property: The lands (being real property) located in Nebraska tl�at ar� speci�xcally descxibed in <br />the schedule that is marked "Exhibit A", and that is attached hereto and made a part <br />hereaf for all pwtposes, tagether with all buildings, facilities, structuxes, <br />improvements, and fixtures that are located thereon or attached or �xed thereto, <br />and togetl�e�r with all rights and appurtenances thereto, including, but not limited to, <br />easements, licenses, vvater rights, mi�txeral xigl�ts, and leaseholds, and rights, tatles and <br />interests in and to adjacent streets, roads, alleys and rights-of way. <br />Grantor does by this Receiver's Deed (herein referred to as "Deed") hereby GRANT, <br />SELL and C�NVEY to Grantee, wfthout recourse,__cpvenant, representation, ar warrantv of az�y <br />kind ar nature, express or ixnp�ied, and subject to all Encumbrances, as hereinafter defined, and <br />to the terms, covenants, limitations, matters, and conditions herein set �orth a.11 af Grantor's <br />rights, titles, interests, and estates, if any, in the Property (as defined above) situated in the State <br />of Nebraska. <br />TO HAVE AND TO HOLD the Property, together with all and singular the rights and <br />appurtenances thereto in anywise belanging unto Grantee, and Grantee's successors and assigns <br />forever, without recourse, covenant, representatzon, or warrantv vvhatsoever, and subject to al� <br />Encumbrances and to the covenants, lxmitations, matters, terms, and conditions herein set forth. <br />PROVIDED, HOWEVER, the Praperty xs canveyed without recourse covenant <br />re resentation or warran of any kind or nature, express or implied, and subject to a�.l <br />encumbrances, liens, defects, conditions, lirnitations, restrictions, exceptia�s, reservations, <br />covenants, and any and all other matters or conditions affecting or relating to the Property (herein <br />referred to individually and collectively as "Encumbrances"), including, withaut limit.�.tion: (a) real <br />property ad valorern taxes, general taxes, standby fees, genexal assessments, special assessments, . <br />maintenance fees, and other taxes, assessments, and fees; subsequent taaces and assessmez�ts fox prior <br />years due to change in land usage or ownership, or due to omitted improvements or change in <br />exemptions or allowances; all rights, obligations and ather matters emanating frann and existing by <br />reason of the creation, establishment, maintenance, and opera.tion of any County Water Improvement <br />District, Municipal Utility District, o�' similar govemmental or quasi-governmental agency; taxes and <br />assessments o�whatever kind, type, or nature, assessed, levied, due, or payable far the year or p�xiod <br />during which this conveyance takes place and faz� any subsequent year or period, the payment of <br />which Crrantee assumes; taaces, penalties, and assessments for the year in which this conveyance <br />takes place and priar yeaxs due to change in land usage, ownership, oar onnission and/or mistake of <br />assessa�x�ent, the payment of which Grantee assumes; (b) zoning and land use laws, regulations, and <br />ordinances of municipal and other govezrumenta.l authorities; (c) all existing, recorded or unrecorded, <br />val.id, and otherwise enforceable covenants, conditions, limita.tioz�s, restrict�oz�s, mineral interests, <br />rnin eral severaaxces, aiX az�d gas leasehold esta.tes, reservations, exceptions, liens, canveyances, and <br />other encumbrances, titles, interests, defects, and matters affecting or relating to the Property, of <br />vvhatever kind, character, or nature; (d) all existing, valid, and othervvise enfarceable ease�nents, <br />rights-of-way, access limitations, licenses, and leases, whether written or ora1, recorded or <br />unrecorded, express or implied; (e) prescriptive rights; ( fl rights af parties in passessian; (g) ri.ghts of <br />tenants, co-tenants, other co-owners, or adjoining owners, rights of adjoining owners in any wa11s <br />and fences situated on a common boundary; (h) shortages in area, baundary disputes and <br />discrepancies, overlapping of impravements, encroachments, and protrusions; (i) ma�ters which <br />Page 2 of 6 <br />