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KUT AK ROCK LLP RECORDER STAMP t IOI CONNECTICU' VENUE, NW WASHINGTON, 2 6 A TIN: GEORGES HL SBERG, ESQ.

QUITCLAIM DEED Cornhusker Army Ammunition Plant

Hall County, Nebraska Acquisition Tracts Nos. 90, 91, 92, 94, 95, 96, 97 and the WYi of 99

Land Management Tracts 53 and 54

KNOW ALL BY THESE PRESENTS:

THIS QUITCLAIM DEED is made this 26Ji day of 6.bruqrv , 2002, by and between the UNITED ST ATES OF AMERICA, hereinafter referred .{() as GRANT OR, acting by and through the Deputy Assistant Secretary of the Army (I&H) pursuant to a delegation of authority from the SECRETARY OF THE ARMY, under and pursuant lo the powers and authority contained in Section 2836(a) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337, 108 Stat 2663, 3063) ("said Act"), and FARM PROGRESS COMPANIES, INC., an Illinois corporation, with its principal office located at 191 South Gary Avenue, Carol Stream, Illinois 60188-2995, hereinafter referred to as GRANTEE.

WITNESSETH:

WHEREAS, said Act authorizes the Secretary of the Army to convey the property herein to the Hall County, Nebraska, Board of Supervisors, or its designee; and

WHEREAS, said Board designated that the property to be conveyed herein be transferred to its designee, Farm Progress Companies, Inc, Grantee herein; and

WHEREAS, previous to such designation, Agricultural Institute of Nebraska, Inc., a Nebraska non-profit corporation leased 937 acres of the property to be conveyed herein; and

\VHEREAS, Agricultural Institute of Nebraska, Inc., contracted with Farm Progress Companies, Inc., during the term of the said lease to conduct the annual Husker Harvest Days show on the property to be conveyed herein; and

WHEREAS, the property to be conveyed herein has been identified by Grantor pursuant to 42 U.S.C. 9620(h)(4)(A) as real property on which no hazardous substances and no petroleum

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200203896 CORNHUSKER ARMY AMMUNITION PLANT QlnTCLAIM DEED

products or their derivatives were known to have been released or disposed of and appropriate concurrence in such identification has been obtained pursuant to 42 U.S.C. 9620(h)(4)(B); and

WHEREAS, the Grantee's use of the prope11y will be in a manner consistent with the Cornhuskcr Army Ammunition Plant Reuse Committee Comprehensive Reuse Plan; and

WHEREAS, all the property to be conveyed herein has heretofore been declared surplus to the needs of the lJnited States of America, is presently under the jurisdiction or the Secretary of the Army, is available for disposal, and its disposal has been heretofore authorized by the Secretary or the Army, acting pursuant to the above referred laws, regulations and orders.

NOW, THEREFORE, Granter and Grantee make the following respective conveyances, grants. assignments, reservations, restrictions, covenants, exceptions, notifications, conditions, and agreements hereinafter set forth.

I. CONVEYANCE

Gran tor, for and in consideration of: (1) good and valuable consideration in the sum or One million nine hundred sixty-eight thousand dollars ($1,968,000.00), the receipt of which is hereby acknowledged by Grantor; and, (2) the specific agreements hereinafter made by Grantee, for itself and its successors and assigns, to abide by and take subject to all reservations, restrictions, covenants, exceptions, notifications, conditions and agreements hereinafter set forth in this Quitclaim Deed, does hereby convey, remise, release and forever quitclaim to the Grantee. its successors and assigns, under and subject to the reservations, restrictions. covenants. exceptions, notifications, conditions and agreements, hereinafter set forth, all right, title and interest, in and to the following described property situate, lying, and being in Hall County, State of Nebraska, including any and all bui ldings, appurtenances and improvements thereon:

A tract of land comprising al l of Section 26, Township 11 North, Range 11 West of the ixth Principal Meridian, and part of the no11hwest quarter and all or the southwest quarter of Section 25. Township 11 North, Range 11 West of the Sixth Principal Meridian, all being in Ilall County, Nebraska, containing 959.103 acres, more or less, and being more particularly shown and described on Exhibit "A", which is attached hereto and made a part hereof (hereinafter reCerred to as the "Property").

TO HAVE AND TO HOLD the same, together with all improvements, hereditaments, appurtenances therein and all reversions, remainders, issues, profits and other rights belonging or related thereto, either in law or in equity, for the use, benefit and behalf of the Grantee, its successors and assigns in perpetuity.

2

200203896 CORNHUSKER ARMY AMMUNITION PLANT QUITCLAIM DEED

II. GENERAL GOVERNMENT RESERVATIONS TO CONVEYANCE

SA VE AND EXCEPT and there is hereby reserved unto Grantor. and its assigns, all rights and interests that have been previously reserved to Grantor in any Patent(s) of record covering the Property.

111. CERCLA COVENANT AND RESERVED ACCESS

a. Pursuant to Section 120(h)( 4) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. Section 960 l et seq. (CERCLA), the Finding of Suitability to Transfer (FOST) dated October 1998, as amended 12 July 1999, has identified the Property as real property on which no hazardous substances and no petroleum products or their derivatives were known to have been released or disposed of. A copy of the FOST, as amended, has been provided the Grantee. The Grantor covenants and warrants to the Grantee that in the event any response action or corrective action is found to be necessary after the date of this conveyance as a result of hazardous substances or petroleum products or their derivatives existing on the Property prior to the date of this conveyance, such response action or corrective action shall be conducted by the GRANTOR. This covenant shall not apply in any case in which a person or entity to whom all or a portion of the Property is transferred or the Agricultural Institute of Nebraska, Inc. (the former lessee of the property) is a potentially responsible party with respect lo the Property. The Grantor shall not incur liability for additional response action or corrective action found to be necessary after the date of conveyance as a result of hazardous substances or petroleum products or their derivatives existing on the property prior to the date of this conveyance, in any case in which any other non-Grantor entity is identified as the party responsible for contamination of the Property.

b. Granter reserves a right of access to all portions of the Property for environmental investigation, remediation or other corrective action. This reservation includes the right of access to and use of available utilities at reasonable cost to Granter. These rights shall be exercisable in any case in which a remedial action, response action or corrective action is found to be necessary after the date of this conveyance, or in which access is necessary to carry out a remedial action, response action, or corrective action on adjoining property. Pursuant to this reservation, Grantor, and its respective officers, agents, employees, contractors and subcontractors shall have the right (upon reasonable notice to the record title owner) to enter upon the Property and conduct investigations and surveys, to include drilling, test-pitting, borings, data and records compilation and other activities related to environmental investigation, and to carry out remedial or removal actions as required or necessary. including but not limited to the installation. operation. and removal of monitoring wells, pumping wells, and treatment facilities. Any such entry, including such activities, responses or remedial actions, shall be coordinated with record title owner and shall be performed in a manner that minimizes interruption with activities of authorized occupants. Grantor will provide the record title owner reasonable advance notice of such activities, responses, or remedial actions.

3

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200203896 CORNHUSKER ARMY AMMUNITION PLANT QUITCLAIM DEED

IV. SPECIFIC ENVIRONMENTAL NOTICES, EXCEPTIONS, RESTRICTIONS AND COVENANTS AFFECTING THE PROPERTY

This conveyance is expressly made subject to the following environmental notices, exceptions, restrictions and covenants affecting the property hereby conveyed to the extent and only to the extent the same are valid and affect the property, and shall be considered as covenants running with the land and binding on all parties having any right, title or interest in the property, or any part thereof, their heirs, successors and assigns:

A. FEDERAL FACILITY AGREEMENT: A copy of the Comhusker Army Ammunition Plant federal Facility Agreement (FF A), entered into by the United Stales Environmental Protection Agency (EPA) Region VU, the State of Nebraska, and the Department of the Army effective September 1990, and a copy of any an1endmcnts thereto, are available for the Grantee's review at the Office of the Commander's Representative. The Grantee agrees that should any conflict arise between the terms of the FF A as they presently exist or may be amended, and the provisions of this prope1ty transfer, the terms of the FF A wi II take precedence. The Grantee further agrees that notwithstanding any other provisions of the property transfer, the United States assumes no liability to the Grantee should implementation of the FF A interfere with its use of the property. The Grantee or any subsequent transferee, shall have no claim on account of any such interference against the United States or any officer, agent, employee or contractor thereof.

B. FLOODPLAINS: To the ex tent that any portion of the Property li es with in a floodplain as defined in Section 6(c) of Executive Order No. 11988, dated May 24, 1977, the use of that portion of the Property may be subject to the National Flood Insurance Program.

V. GENERAL EXCEPTIONS TO CONVEYANCE

This conveyance is expressly made subject to the following matters to the extent and only to the extent the same are valid and affect the Property:

a. All existing permits, easements, and rights-of-way for public streets, roads and highways, public utilities, electric power lines, electric transmission facilities, railroads, pipelines, ditches and canals on, over and across said land, whether or not of record.

b. Any zoning laws, ordinances, or regulations governing the subject property or regulations of other regulatory authority having jurisdiction.

c. Matters which would be disclosed by a careful physical inspection of the property or the property records and by a properly conducted survey of the property.

4

200203896 CORNHUSKER ARMY AMMUNITION PLANT QUITCLAIM DEED

d. Any survey discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or protrusions, or any overlapping of improvements which may affect the subject property.

c. All existing interest(s) reserved to or outstanding in third parties in and to coal, oil, gas, and/or minerals.

r. All other existing interests of record reserved by any original Grantor(s) in chain of title unto said Grantor(s), their respective heirs, successors and assigns, which affect any portion of the property interest(s) hercinabovc described.

g. Easements for county roads over the north 33 feet, south 50 feet and the west 50 feet of the properly; and also subject to an easement for a drainage ditch, 86 feet in width, rnnning north and south. generally in the center of the west half of Section 25, Township 11 North, Range 11 West of the Sixth Principal Meridian, Hall County, Nebraska. The location and extent of these casements are indicated on the attached Exhibit "A".

h. All existing outgrants (including Easement No. DACA45-2-83-6038 granted to Southern Nebraska Rural Public Power District, for an overhead electric distribution line ri ght-of-way, 18 feet in width, beginning near the southwest corner of Section 26, then running generally west to cast, near the southern edge or the Land Management Tract 53 for a distance of 2,650 feet), and Installation Commander's agreements, whether or not of record or otherwise approved in writing by Grantee.

VI. MISCELLANEOUS GRANTEE COVENANTS

Grantee covenants for itself, and its successors or assigns, and every successor in interest in the Property, to abide with each of the agreements and covenants ru1ming with the land hereinabove identified in this Quitclaim Deed. In addition, Grantor and its assigns shall be deemed a beneficiary of each of the fo llowing agreements and covenants without regard to whether it remains the owner of any land or interest therein in the locality of the Property hereby conveyed and shall have a right to enforce each of the following agreements and covenants in any court of competent jurisdiction. Notwithstanding the foregoing, Grantor, and its assigns shall have no affirmative duty to any successor in title to this conveyance to enforce any of the following agreements and covenants.

a. Except as otherwise stated herein. it is understood and agreed by Grantee, fo r itself and its successors and assigns, that the Property is conveyed "as is" and " where is"' without any representation or warranty on the part of Grantor to make any alterations, repairs or additions. Granter shall not be liable for any latent or patent defects in the Property. Gran tee, for itself and

5

200203896 CORNHUSKER ARMY AMMUNITION PLANT QUITCLAIM DEED its successors and assigns, acknowledges that Grantor has made no representations or warranty concerning the condition and state of repair of the Property nor in any agreement or promise to alter. improve, adapt or repair the Property.

b. The Grantee shall neither transfer the property. lease the property, nor grant any interest, privilege, or license whatsoever in connection with the property without the inclusion of the environmental protection provisions set out in Section IV herein, and shall require the inclus ion or such environmental protection provisions in all further deeds, transfers, leases, or grant of any interest, privilege, or license.

c. The Grantee covenants not to discriminate upon the basis of race, color, religion. disability, sex. age or national origin in the use, occupancy, sale, or lease of the Property, or in its employment practices conducted thereon. This covenant shall not apply however, to the lease or rental of a room or rooms within a family dwelling unit, nor shall it apply with respect to religion if the Property is on premises used primarily for religious purposes. The Granter shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of any land or interest therein in the locality of the Property hereby conveyed and shall have the sole right to enforce this covenant in any court of competent jurisdiction.

THIS QUITCLAIM DEED is exempt from the documentary tax under the provision of Neb. Rev. Stat. 76-902(2) (R. S. Supp., 1991) in which property is transferred by the United States.

THIS QUITCLAIM DEED is not subject to the provisions of 10 U.S.C. 2662.

[SIGNATURE PAGES FOLLOW]

6

CORNHUSKER ARMY AMMUNITION PLANT QUITCLAIM DEED 200203896 IN WITNESS WHEREOF, the Grantor has caused this Deed to be executed in its name

by the Acting Deputy Assistant Secretary of the Army (l&H) and the Seal of the Department of the Army to be hereunto affixed this 2. IP ff\ day of !::'~ , 2-0o :z. .

UNITED STATES OF AMERICA

By: ~W-~ J~. WHITAKER Acting Deputy Assistant Secretary of the Army (l&H)

C'OMMONWEAL Tif OF VIRGINIA ) ) ~-

COUNTY OF ARLINGTON )

f, the undersigned, a Notary Public in and for the Commonwealth of Virginia, County of Arlington, whose commission as such expires on the 3o-/1'. day of A)~'-~Cl tJ-:2-, do hereby certify that this day personally appeared before me in the Commonwealth of Virginia, County or Arlington, Joseph W. Whitaker, Acting Deputy Assistant Secretary or the Army (T&H), whose name is signed to the foregoing instrument and acknowledged the fo regoing instrument tO be his free act and deed, dated this 2 /..,'fl.-. day Of r ~~ , "ZtJOt-,

and acknowledged the same for and on behalf of the UNITED STATES OF AM TCA.

7

CORNHUSKER ARMY AMMUNITION PLANT QUITCLAIM DEED ACCEPTANCE:

200203896

IN TESTIMONY WHEREOF, witness the Grantee, Fann Progress Companies, Inc., Lhis /fi> (;!.. day of ~acy , )-pra_, hereby accepts and approves this Quitclaim Deed

for itself, its successors and assigns, and agrees to all the conditions, reservations, restrictions, covenants, and terms contained therein.

STATE OF lLUNOlS

COUNTY OF D v..Pc .. j e

) ) SS.

)

FARM PROGRESS COMPANIES, INC.

By: [NAME] C~ Ar/e.r ~1'-X [TITLE] fl~,.~

On ::J;; t'llAA"j I ~ ~ O D;l. before me, the undersigned, a Notary Public in and for the State of Tllinois. persomtlly appeared C.ha rles Both personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ics). and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

"OFFICIAL SEAL" MARY V. MICHEL

Notary Public, Slate of Illinois My Commission Expires 11 /05/05

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My commission expires: //- 05-0 :2

8

Exhibit A

200203896

SCALE-l "=300'

LfGAL DESCRIPTION

;. tract of lond ccmprisin~ all of the Southvrest Quarter (SW1/4) and o P4rt of the Norlh•est Quarter (NW1 /.4) of Sec:tion T._enty five (2~). To•"ship [~n (11) North. Ron9e [~en (11) West of the 8th P.M •• and all of the Horth~st Quarter (NE174), cl of th• Northwest Ouorter (NW1/4), on of th• Southvrest Ouarter (SW1 /•). end oll of the Southeost Ouorter (SE1/4) cf S•ction Twenty SI• (26). Township Eleven (11) North, Rong• Elev~n ( 11) West of the 6th P .a.c., oil beirna in Holl County. Nebro•ko and more pcrticuforl)- dc~c_ribed cs f0Uow1:

Be~innin9 ot the southeast corl\er cf the Southwest Ouorter (SW1 /') of soid Section rwenty Fi\-e (2S): thence running northerly, along anc upon the ccsl line of the Southwest Ouc~er (SW1j'4) and the Northwcat Ouorter (NW1/4) of said Section T"enty r~ (25), a distance ot n,. Thoutond Si• o"'d Seventy Three Hundredths (S.006.73) fe~t to a point -.hic:h la Two Hundred Ninety One end Ninety rour Hun~redth1 (291.94) feet aoutn of the northecsl corner of the North•est Quarter (NW1/4) of said Section T•enty rwe (25): thence defledin9 left 90-01°54 • ond runninv •tsleny. o distance cf One Thous.and Nineteen ond Forty Three Hundredths (1,019.43) ~eet to c poiftt of cL1rvature: thence running northwesterly, olon~ ond upon the arc of ·o cvM lo th• rM]ht whose rodlus le J60.SI feet. of •hich. the initial tcn9~t of 30id curve coincide• "ith the preYio'41y described courte, o distonce of Three Hundred lww•nt) Two and E9t;f\ly five Hundrtdths (322.85) feet Slonr; chord d;etonce • .312. t 7 ' - lo"9 ch-ord deflectinCjl ri~ht 2:;·39•05 from th• previously described C'O\lrseJ to o point of lonfiency: thence runnlnq north'-estcrty. aloft4J and UPOn · the northwesterly pro•cngation of the final tongent of the prfttOUSly detcrlbed . c;urve, sold prolongation deflectirH) rl9ht 2~·39•05• from the chord of tf,e pr~iously described curve. a di,tonce or Ei9hty F'"we and Si• .Tcnth1 (85.60) feet to o point of curvoture; thcnC"e Nftning north•estcrty, o&Qng ond upe>n the ore of o curve to the left •hose radius Is 2~7.,3 feel. of which, t~ inltiol tongen1 of said cu~• coincides vrith the pre"Yiousl~ described course. a distance of Two Hundred Twc~fy Nine ond Fifty Nine Mur.dredtht (229 .~;) feet ~I0"9 chotd distance • 222.07 - long chord deflec1in9 left 2:5" J 1·12.5 from the prc ... icusly described course) to o point of tongency. said P9,i~_t _gJ~ _ beina on the north line of the

EXHIBIT A PAGE 1 OF 5

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200203896

North*•st Ouorter (NW1/') of said Sedion Twenty F'"rve (2~): thence running west•rly, olonQ and upon the nort.h line of. th• Ncrthw~•\ Oucrter (NW1/') of 1oiCS Section Twenty F'1"• (25) ond also bean; olcn9 ond upon the westerly • prolongation of the ~nal ton9~t C!' lht! previo1Jsly described curve. seed prolongatJon defl.cl•"9 ~ft ~5 31 12.5 from the chord of the previo·"sly described curve, a dtstonce of One Thousand One Hundred One ond Nineteen Hundredth• (1. 101.19) feet to the northto1t corner of the Northeast Quarter ~NE1/4) of said Section r.~nt~ Six (26): thenc:e deflecting left OC112 35• and running westerl~, olon9 ond upon the north line of the Northeast Ouorter (NE1/4J of soid Section T•t:nty Si• (26), a distane• of Two Thou•and Si• Hu"cred forty Nine and [tqhty four Hundredths (2.6~9.M) feet lo the northeast comer of th• North-.est Ouortet' (NW1/4) of sold Section Twenty Siv (26): thence cetlecf"CJ &eft 00·05•50• and ruMin9 .. ssteny, olo"'~ ond upon the north tirtr o• ~"C ~orth•est Ouorter (~1/4) of said · S~cteon T .. ent) SJ• (2E), a aistor.ct :If f •0 Thou.and Si• Hundred F'"dty ond Thirty ro.Jr Mu"dredt~s (2.6SO.l4) feet to the "orth•est comer of the Hort!"'l•ctl Quarter (NW1/~) of soid Sec\:0"' Twe"t) Shi (26): thence

· deflectin9 left 59•54•10· ond runni"g scuthe'1y. oionc; and upon tN ••It line ct the ~cr!l'l•est Ouorter (NW1 /') of said Section l•enty S1• (26), o di1tof\ce of f wc Thc;"so,,d Si• rfunctrcd Flft) Two and Thirty Two .H1.1r\dredlh' (2.652 . .52) '": to tM north•est corner · of the Southwest Cuaner (.SWl/4) of said Section T.,,enty Shr (26): thence deftecting r~ht 00·02·.-o ond runnin9 southerly, clon9 ond upon the ••st line of the Soulh• .. ~ OtJorter (SW1 /4} of :taid SKtion T•~ty Siv (26). o di,ioftCe of Two Thou'°nd Si• Hvndrtd fitly l•O and Nfnety fo"r Hulldredthl (2,652.94) t~e\ to the south•esl corner of the South•est Ouort•r (SW1 /•) of said Sectiol"I l•e"t>' s;w (26) : thence deflecting 1eft 90' 19•25- ond runnl"9 ~o•t•r•y. cio"~ and vpon :he south line of the South-.est Ouort•r (SW I I 4 ). G distance of T ,.,0 Thousond Siw Hundred fifty r our and fifty T•o Hundredth• (2,65~.52) feet to the south"'est cor"er of the Southcost Ouorte' {SE 1I4 2 of soid Section Twenty Six (26)· thence deflecting _riqht 00·2e'50 end runnin9 easterly, along o~d upon t~t south hne .of the South.ast Quarter (SE1/4) of •aid S.ction T"'enty S~~ _{2~). o d1st~"-c~~f J wo Thousand Siw Hundred Fifty . Three and Ninety rour Hundredths {2.653.9.t) feet ·to the southwest comer of the -Sou:hwest Cuorter (SW1 ( 4') of so;ct Section T•enty tnre (25): thenc• dcflectin9 left 00-03°10 and running_ •O•t•r'Y· along ond upon the south llne of the South•Hl Ouorter (SW1/') of 9oid Section Twenty ri\lt (25). c d:stonce of Two ':"ho"'sand Siw Hundred f"orty Siw and Ninety Four Hundredths (2.6-46.94) feet to the point of begin"ifto ond contoining V59. 1 OJ ocr••· more or Jess.

EX HI BIT A PAGE 2 OF 5

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200203896

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SCALE_l "=300'

LECf.l P"SCBIP T!ON

A ltoct ot tond COl'W\P'lt""9 ol of ll\e Sou11'11•.,1 °'*1f'f (SW1 / 4.} ond o 00'1 of th• ~ .. l O\lor1er (WW1/• ) of Section l · •nty F'\w (2,). Tow,..;p ('-en (11) Nor1", ~·~ 0--- (l1) 'fifnt ol lN 6tl'I P,M_ ONI otl ol the Not'!Most Que,,.,.. ( MC1/• ), ol of lN North•n1 CNtir\• r (HW1/4l, ol ot tM Sol.A'n•eJt Ot.tortH (Swt/•). ond ol of tl\e ~tMo-1 Ouorter

~~'l1~ ~~~ ~;.:"~hSJ;~'li =::":~~I~~ =~o= "'Of'• DO~tr M•crit:litd a lolowr

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~:;11"':';=~ ~!2h~.1fJ.;~5jl~c~:'.d :::::::.,. ~~~~ c~~ 10 o pont of I~ ti.nee ~ '*1,,....,._.,..,, .ion, oM uOOft ttw '°°",,....'~ ~1lon ol iN f1"ol to~ ol tf'loe pr-........,tty Mtcr._ CUl"#e, told prolo#lqotlof\ O.n.ctlnq roqht 2,·39·05· ''om Uw ChDf'd ol lhil P""*'•J)' .. t eribM curn. o d"'1:0ft« of £"iahtr ,.-,.,. GM Sn Tettlh1

~~·~",'tw lO .°re':!"~ ~~~:7~ 1~-:;c~:1~r:~·2;~l ·.~ of whcft. ~ ~ tont.m • ' »d CUl"\l'le ~ndOH • Ith ttw "'"_._,,.,. 0.KT6" (OwtH, • dlataticw of l-o """"°'" T"4"1ty ,.,.,,. OM fif't)o HM H>.if\df9'°'h• (22'.,I) re.i ~°"" cftOtd dlt loftCe • 222.07 - '°"'9 chofd CS.fl•cti"t left 2:s·31'12" fro"' 1h• P'•"'~"~ O•Kf'ibed cour .. ) to

::.=e:f Q~Hw~t':t.:D~= r.:; ~=h(2~ it!.!': rlJN'i"9 •nl.,ly. ~ on<' upo" th• north •~ • of th• Ho'1h•• .. O..,Orter (NW1 / ") of 90id Secoon Twef'll'r Fl<H (2~) and Olto ~ o~ ond uoon ttw • nteMy orcMot\9otion of the f;noi \0"'9e-nt ot ttM o,......,.,,. o.Kribed c..,,...., •M ~01oon det~lnt 1et1 2s·:s1·12~· ltom IN ChOt'O ol th9 pr~.,. dffe"io.d cutw, o de.tone• or One

i:0~.:~~.~~";;;~?":1 ~ =':::at~"!~,"'•,J~1/0.'> '!) ~~ StcltOft l•~ty SI• (28); tM"'c. Oitl'9cllf\Q i.tt 00'12 J.$• ono ~

c:c:i~f· .~·~~,;:a;'.~!:; '57~r1C2.;,·. ·~~':c:o;'t!!l1~ $.1 Hundr.O r ol"t) NllM O"d LICJ"ft" r°"" Hul'Mkedth• (2,1-41 .8") t..t to the '1Gf'thl!'09\ cONWr ol tf'l4 Wort,.,.,nt Ouof\et> {NWt / " ) of Mod Section

!;~·,~· "~:>·,.:.~ d~~~'!.~ ...... ·~=!~~~ (:,'/,,-;'::,~ Sec\JOI" y...,_,,. s;, (21). o 0.110"'<• ,f ' • o ThOW11Gftod s;.. ~ed ri1ty O'\CI n..,..., rour H~cn"'• (l:.8:.0.l • ) feet to IM not1h•nt cornet of the Nort°'lw«tt Oloo0t1t • (NH1/• ) of 'fOoO S.ctoO"' T • .,.,,7 '511 (26}: lt'lotftce O.f lK'\1"9 ~h 159·~· l0* ol\d ~9 -.ovth•"1. O!Onq ond VPG" th9 9ttl lifte of the MW"-tt'l Ouott., (HWI/" ) ol t old SKtiOn l • e1'17n,S•

~!:)~o,...,~~:C(2.:;~~l'l) !;:."i:~.~.:.:=.~·:~~,. oi•,':t. 0~"-:!~ 0~,,,., lSWI / • ) ol •a'cl Section l nnt'r Sir (28): tMnn Clef1-: Unq riQM ocrc2·,o oncl rv"'~' toutherl'r, o'an9 ond YC>Ot'I th• ... 91 hr"9 of \"4 Sou1n-.. 1 OVOf'ter (SWI / " ) of M..s Sec'flO"'I l...,_tr Sis {26), o c»tOl\Cc

f..:~ '!:~:"~~~~ ',: S:u1::Z1 '~"~S:V,\2·~2!:J *''°"' 1-..nl)' $11 (28}. IP\9nce ~-1.iroq tett 90"19"25. Oftd f"Unt'N"'9

(S:~~: :'°::t~"':' ~Ofwo t~ ~ "~= ~1hr::l ~~~ t.iro Hul'IOreotn, (2.15""·52) t H \ to IM .outl'lwHt co,,,.,. o' the Soutn~ou Ouortef (Sll/" } of aoid Settton 1w•nty Sb (26); lf't•"Cc

~.:u::;t:9 1~~~ :2~~-:t"~~~·~c v:;·:·.:.t~!ct:: l~:.:; Sf• (26). o d'tttonce of T. o Thou-.ono S • kuncuo F'"dty Tlv" ono N;f\4tr rour Wundrtcflht (2.fi5l.9 4) feet to 11'• -.uth .. •l corner ol lht Sou!h•eti\ Ovoner (SWI{' ) of •ofd Secllo" l••"lr "-• (2,); tr~eno =:: .. ct= ::t ,~~~~~-e:~do:';"lS:,~i:)~~ at!i ::C~:r..!!'; ,..,... (2~). o ddtol'Ce of T-o ~ Sh hunclted r..,., $w ond ~)' FrNr Huncir.otht (2.fi.415.IC) 1 .. 1 to the PGM'll oi ~ CW'ld COl"ltoWr'lq 95t. IQ3 00' ... , mcw• cw lets.

Rl.•RECDRDED DISTANCE ON SURVEY BY DANIEL J. HOST!Zll. I. S. NO. %83, DAT!D JUNt ~. l 1199

-- -- -R.a.-RECORDEll-DlSl.U>ICJ:. 011 SURVl:Y BY DANIEL I. HOSTLER. I. S. NO. 2113. D4TED IUNE 23, 19119

R3.•RlCORDED DISTAllCE ON SURVEY BY DANIEL J, HOSTUR. I. S. NO. 283, DAnD IUNE 24, lll98

J..•4cnJAI. DISTANCE AND/ OR ANCL!

e - INDlCATU l / 2" IRO N PIPE FOUND O - INDICAns l / 2 " I.RON PIPE PLACED

L 2,IMS.O• ' A. - ~

I '·™' I S.t. CORNtR S11l / • StcTION UN! ~---------==----------< SECTION 2~-TllN-Rll 11

P'O UND CONC. NAIL IN 4SPH.

ALI. OF THE SWI / • AND PART OF TH£ 11111 / • or SECTION 2~-TI lN-Rll'f, ANlJ

OP TllE N!l/ 4. N'lll / •, S111 / • AND SEl/4 or SECTION ze-TllN-Rll ll'

HALI. COUNTY. NEBR.\SICA

LAND SURVEY

BENJAMIN & ASSOCIATES, INC. ENGINEERS & SURV£YORS

P. 0. IOI J.» • PHO~ 3U-MaO - AJtEA. CODI. 30I CRAND !SUND. NEBRASKA eeeoZ-0339

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AFTER RECORDING, RETURN TO

NEBRASKA DOCUMENTARY SfAMP TAX

Dato~ al/-D.z< $304M.lfD Bv AtN'

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20020816,P SPECIAL WARRANTY DEED

fr a S" N Cil

Q. a ~ a

THIS DEED ("Deed"), made by Farm Progress Companies, Inc., an Illinois~ corporation, with its principal office located at 191 South Gary Avenue, Carol Stream, Illinois = 60188-2995 (hereinafter referred to as "Farm Pro_gress" or "Grantor"), and the Rohwer Family o Limited Partnership a /{ebf-ashL /...iu.. .. d-e& ftuilie/'&"-'fJ (hereinafter referred to as "Grantee"), the words "Grantor" and "Grante~" to include their respective heirs, legal representatives, successors and assigns where the context requires or permits,

WHEREAS, Grantor acquired title to certain tracts of land on the former Cornhusker Army Ammunition Plant, Hall County, Nebraska commonly known as Land Management Tracts 53 and 54 ("Tracts 53 and 54") from the United States of America ("Goverrunent") by quitclaim deed recorded on April I 0, 2002 in the official land records of Hall County, Nebraska as Instrument No, 200203896 ("Goverrunent Deed").

WITNESSETH, for and in consideration of the sum of Ten and No/JOO Dollars ($10.00), and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged by Grantor, Grantor conveys to Grantee, a portion of Tracts 53 and 54 (as defined in Neb. Rev. Stat. 76-201) (the "Real Estate") described as follows:

SEE EXHIBIT A ATTACHED

Grantor covenants with Grantee that Grantor:

a. is lawfully seised of such Real Estate and that it is free from encumbrances, covenants0 conditions, restrictions, claims or other outstanding rights except for the easements, covenants and restrictions of record or as set forth on Exhibit B attached hereto.

b. has legal power and lawful authority to convey the same; and

c. warrants and will defend title to the Real Estate against the lawful claims of all persons claiming the same or any part thereof through, by or under Grantor.

Jn its transfer of Tracts 53 and 54 to the Grantor, the Goverrunent provided certain information regarding the enviromnental condition of Tracts 53 and 54. The Grantor has no knowledge regarding the accuracy of such information and makes no warranties regarding the

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200208't'GG

SPECIAL WARRANTY DEED, Fann Progress to Rowhe~Family Limited Partnership

environmental condition of any portion of Tracts 53 and 54 including the Real Estate conveyed hereunder.

The italicized information below is copied verbatim (except as discussed below) from the Government Deed conveying Tracts 53 and 54 to the Grantor. To the extent applicable to the Real Estate conveyed hereunder, by acceptance of this Deed the Grantee hereby acknowledges and assumes all responsibilities placed upon the Grantor under the terms of the aforesaid Government deed to Grantor. Within the italicized information only, the term "Grantor" shall mean the Government, and the term "Grantee" shall mean Farm Progress; to avoid confusion, the words "the Government" have been added in parenthesis after the word "Grantor, and "Fann Progress" has been added in parenthesis after the word "Grantee".

IL GENERAL GOVERNMENT RESERVATIONS TO CONVEYANCE

SAVE AND EXCEPT and there is hereby reserved unto Grantor ("Government"), and its assigns, all rights and interests that have been previously reserved to Grantor ("Government") in any Patent(s) of record covering the Property.

III. CERCLA COVENANT AND RESERVED ACCESS

a. Pursuant to Section 120(h)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. Section 9601 et seq. (CERCLA), the Finding of Suitability to Transfer (FOST) dated October 1998, as amended 12 July 1999, has identified the Property as real property on which no hazardous substances and no petroleum products or their derivatives were known to have been released or disposed of A copy of the FOST, as amended, has been provided the Grantee ("Farm Progress''). The Grantor ("Government'') covenants and warrants to the Grantee ("Farm Progress") that in the event any response action or corrective action is found to he necessary after the date of this conveyance as a result of hazardous substances or petroleum products or their derivatives existing on the Property prior to the date of this conveyance, such response action or corrective action shall be conducted hy the GRANTOR ("Government''). This covenant shall not apply in any case in which a person or entity to whom all or a portion of the Property is transferred or the Agricultural Institute of Nebraska, Inc. (the former lessee of the property) is a potentially responsible party with respect to the Property. The Grantor ("Government'') shall not incur liability for additional response action or corrective action found to be necessary after the date of conveyance as a result of hazardous substances or petroleum products or their derivatives existing on the property prior to the date of this conveyance, in any case in which any other non-Grantor ("Government'') entity is identified as the party responsible for contamination of the Property.

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200208766

SPECIAL WARRANTY DEED, Fann Progress to Row her l<amily Limited Partnership

b. Grantor ("Government") reserves a right of access to all portions of the Property for environmental investigation, remediation or other corrective action. This reservation includes the right of access to and use of available utilities at reasonable cost to Grantor ("Government"). These rights shall be exercisable in any case in which a remedial action, response action or corrective action is found to be necessary after the date of this conveyance, or in which access is necessary to carry out a remedial action, response action, or corrective action on adjoining property. Pursuant to this reservation, Grantor ("Government"), and its respective officers, agents, employees, contractors and subcontractors shall have the right (upon reasonable notice to the record title owner) to enter upon the Property and conduct investigations and surveys, to include drilling, test-pitting, borings, data and records compilation and other activities related to environmental investigation, and to carry out remedial or removal actions as required or necessary, including but not limited to the installation, operation, and removal of monitoring wells, pumping wells, and treatment facilities. Any such entry, including such activities, responses or remedial actions, shall be coordinated with record title owner and shall be performed in a manner that minimizes interruption with activities of authorized occupants. Grantor ("Government") will provide the record title owner reasonable advance notice of such activities, responses, or remedial actions.

IV. SPECIFIC ENVIRONMENTAL NOTICES, EXCEPTIONS, RESTRICTIONS AND COVENANTS AFFECTING THE PROPERTY

This conveyance is expressly made subject to the following environmental notices, exceptions, restrictions and covenants affecting the property hereby conveyed to the extent and only to the extent the same are valid and affect the property, and shall be considered as covenants running with the land and binding on all parties having any right, title or interest in the property, or any part thereof. their heirs, successors and assigns:

A. FEDERAL FACILITY AGREEMENT: A copy of the Cornhusker Army Ammunition Plant Federal Facility Agreement (FFA), entered into by the United States Environmental Protection Agency (EPA) Region VII, the State of Nebraska, and the Department of the Army effective September 1990, and a copy of any amendments thereto, are available for the Grantee's ("Farm Progress") review at the Office of the Commander's Representative. The Grantee ("Farm Progress") agrees that should any conflict arise between the terms of the FFA as they presently exist or may be amended, and the provisions of this property transfer, the terms of the FFA will take precedence. The Grantee ("Farm Progress") further agrees that notwithstanding any other provisions of the property transfer, the United States assumes no liability to the Grantee ("Farm Progress") should implementation of the FFA interfere with its use of the

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200208766

SPECIAL WARRANTY DEED, Fann Progress to Rowher'Family Limited Partnership

property. The Grantee ("Farm Progress") or any subsequent transferee, shall have no claim on account of any such interference against the United States or any officer, agent, employee or contractor thereof

B. FLOODPLAINS. To the extent that any portion of the Property lies within a floodplain as defined in Section 6(c) of Executive Order No. 11988, dated May 24, 1977, the use of that portion of the Property may be subject to the National Flood Insurance Program.

V. GENERAL EXCEPTIONS TO CONVEYANCE

This conveyance is expressly made subject to the following matters to the extent and only to the extent the same are valid and affect the Property:

a. All existing permits, easements, and rights-o.fway for public streets, roads and highways, public utilities, electric power lines, electric transmission facilities, railroads, pipelines, ditches and canals on, over and across said land, whether or not of record.

b. Any zoning laws, ordinances, or regulations governing the subject property or regulations of other regulatory authority having jurisdiction.

c. Matters which would be disclosed by a careful physical inspection of the property or the property records and by a properly conducted survey of the property.

d. Any survey discrepancies, conflicts, or shortages in area or boundary lines, or an encroachments, or protrusions, or any overlapping of improvements which may affect the subject property.

e. All existing interest(s) reserved to or outstanding in third parties in and to coal, oil, gas, and/or minerals.

f All other existing interests of record reserved by any original Grantor(s) in chain of title unto said Grantor(s), their respective heirs, successors and assigns, which affect any portion of the property interest(s) hereinabove described.

g. Easements for county roads over the north 33 feet, south 50 feet and the west 50 feet of the property; and also subject to an easement for a drainage ditch, 86 feet in width, running north and south, generally in the center of the west half of Section 25, Township 11 North, Range 11 West of the Sixth

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200208766 ' SPECIAL WARRANTY DEED, Fann Progress to Rowher Family Limited Partnership

Principal Meridian, Hall County, Nebraska. The location and extent of these easements are indicated on the attached Exhibit "A''.

h. All existing outgrants (including Easement No. DACA45-2-83-6038 granted to Southern Nebraska Rural Public Power District, for an overhead electric distribution line right-o.fway, 18 feet in width, beginning near the southwest corner of Section 26, then running generally west to east, near the southern edge of the Land Management Tract 53 for a distance of 2, 650 feet, the location and extent of the easement is indicated on the attached Exhibit "A", and Installation Commander's agreements, whether or not of record or otherwise approved in writing by Grantee ("Farm Progress''.).

VL MISCELLANEOUS GRANTEE COVENANTS

Grantee ("Farm Progress''.! covenants for itself, and its successors or assigns, and every successor in interest in the Property, to abide with each of the agreements and covenants running with the land hereinabove identified in this Quitclaim Deed. In addition, Grantee ("Farm Progress''.! and its assigns shall be deemed a beneficiary of each of the following agreements and covenants without regard to whether it remains the owner of any land or interest therein in the locality of the Property hereby conveyed and shall have a right to enforce each of the following agreements and covenants in any court of competent jurisdiction. Notwithstanding the foregoing, Grantor ("Government''.), and its assigns shall have no affirmative duty to any successor in title to this conveyance to enforce any of the following agreements and covenants.

a. Except as otherwise stated herein, it is understood and agreed by Grantee ("Farm Progress''.), for itself and its successors and assigns, that the Property is conveyed "as is" and "where is" without any representation or warranty on the part of Grantor ("Government''.! to make any alterations, repairs or additions. Grantor ("Government''.! shall not be liable for any latent or patent defects in the Property. Grantee ("Farm Progress''.), for itself and its successors and assigns, acknowledges that Grantor ("Government''.! has made no representations or warranty concerning the condition and state of repair of the Property nor in any agreement or promise to alter, improve, adapt or repair the Property.

b. The Grantee ("Farm Progress''.! shall neither transfer the property, lease the property, nor grant any interest, privilege, or license whatsoever in connection with the property without the inclusion of the environmental protection provisions set out in Section IV herein, and shall require the inclusion of such environmental protection provisions in all further deeds, transfers, leases, or grant of any interest, privilege, or license.

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200208766

SPECIAL WARRANTY DEED, Farm Progress to Rowher l<amily Limited Partnership

c. The Grantee ("Farm Progress'') covenants not to discriminate upon the basis of race, color, religion, disability, sex, age or national origin in the use, occupancy, sale, or lease of the Property, or in its employment practices conducted thereon. This covenant shall not apply however, to the lease or rental of a room or rooms within a family dwelling unit, nor shall it apply with respect to religion if the Property is on premises used primarily for religious purposes. The Grantor ("Government") shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of any land or interest therein in the locality of the Property hereby conveyed and shall have the sole right to enforce this covenant in any court of competent jurisdiction.

The responsibilities and obligations placed upon the Grantor by the Government shall run with the land and be binding on all subsequent owners of the Real Estate unless or until such responsibilities and obligations are released pursuant to the provisions set forth in the Government Deed. Grantee and its successors and assigns, respectively, shall not be liable for any breach of such responsibilities and obligations with regard to the Real Estate arising from any matters or events occurring after transfer of ownership of the Real Estate by Grantee or its successors and assigns, respectively; provided, however, that each such party shall, notwithstanding such transfer, remain liable for any breach of such responsibilities and obligations to the extent caused by the fault or negligence of such party.

This Special Warranty Deed is executed thistf day of tft!~S( , 2002.

STATE OF

COUNTY OF

) ) SS.

)

Farm Progress Companies, Inc.

By_a-"'----=~'--"--'-'----Charles P. Roth, President

The foregoing instrument was acknowledged before me this ~day of fl'Jt:""-t:: , 2002 by Charles P. Roth, President of Farm Progress Companies, Inc. on behalf of the co~oration.

OJ-75865.02

NotaryPu ic My commission expires: 11-5- 0 5

6

"OFFICIAL SEAL" MARY V. MICHEL

Natal}' Public, State of Illinois

My Commission Expires 11/05/05

I 2 3

03-75865.02

EXHIBIT A

LEGAL DESCRIPTION

200208766

•.

FILE: TA-44441 ' 2002081'66 EXHIBIT'A'

PARCEL A (OWNER'S POLICY): A tract of land comprising a part of the Southwest Quarter (SWl/4) and a part of the Northwest Quarter (NWl/4) ol Section Twenty Five (25), Township Eleven (11) North, Range Eleven (11) West of the 6th P.M., and a part ol the Northeast Quarter (NEl/4), all of the Northwest Quarter (NWl/4), all of the Southwest Quarter (SWl/4), and a part of the Southeast Quarter (SEl/4) of Section Twenty Six (26), Township Eleven (11) North, Range Eleven (11) West of the 6th P .M., all being in Hall County, Nebraska, and more particularly described as follows; Beginning at the southeast corner ot the Southwest Quarter (SWl/4) ol said Section Twenty Five (25); thence running northerl,y, along and upon the east Une of the Southwest Quarter (SWl/4) and the Northwest Quarter (NWl/4) of said Section Twenty Five (25), a distance ol Five Thousand Six and Seventy Three Hundredths (S,006.73) feet to a point which la Two Huadred Ninety One and Ninety Four Hundredths (291.94) feet south of the northeast corner ot the Nortbwest Quarter (NWl/4) ot said Sectioa Twenty Five (25); thence cleftect1ng left 90"01'54' and runnillll westerly, a distance of One Thousand Nllleteea and Forty Three Hundredths (1,019.43) feet to a point of curvature; thence running northwesterly, along and upon the an: of a curve to the rlgbt wboae radlu1 la 360.56 feet, or which, the Initial tangent of said curve coincides with the previously described COlll'le, a distance ol Three Hundred Twenty Two and Eighty Five Hundredths (322.llS) feet (long chord distance• 312.17'-lollll chord deDectlllll rlgbt 25"39'05' from the previously described course) to a point of tangency; thence running northwesterly, along and upoa the northwesterly prolongatloa of the llnal tangent of the previously described curve, said prolongation deDectlng rlgbt 25"39'05' l'rom the cbord or the previously described curve, a distance ot Eighty Five and Six Tenths (85.60) feet to a point ol curvature; thence running northwesterly, along and upon the an: of a curve to the left wlaoae radius la 257.73 feet, of which the Initial tangent or said curve coincides with the previously described course, a distance of Two Hundred Twenty Nine and Fifty Nine Hundredths (229.59) feet (lollll chord distance = 222.07· lollll chord cleftectlng left 25"31'12.S' from the previously described course) to a point of tangency, said point also being on the north line ol the Northwest Quarter (NWl/4) ol said Section Twenty Five (25); thence running westerly, along and upon the north Une of the Northwest Quarter (NWl/4) of said Section Twenty Five (25) and also being along and upon the westerly prolongatloa or the final tangent of the previously described curve, said prolongation dellect1ng left 25"31'12.5' l'rom the chord of the previously described curve, a distance of One Thousand One Hundred One and Nineteen Hundredths (1,101.19) feet to the northeast comer ot the Northeast Quarter (NEl/4) of said Section Twenty Six (26); thence deftectlng left 00"12'35" and running westerly, along and upon the north Une of the Northeast Quarter (NEl/4) ot said Section Twenty Six (26), a distance of Two Thousand Six Hundred Forty Nine and Eighty Four Huadredths (2,649Jl4) feet to the northeast corner of the Northwest Quarter (NWl/ 4) or said Section Twenty Sbt (26); thence deftectlng left 00"08'50' and running westerly, along and upon the north line of the Northwest Quarter (NWl/4) ol said Section Twenty Sbt (26), a distance of Two Thousand Sbt Hundred Fifty and Thirty Four Hundredths (2,650.34) feet to the northwest comer of the Northwest Quarter (NWl/4) of said Section Twenty Six (26); thence deDectlng left 89°54'10' and running southerly, along and npon the west line or the Northwest Quarter (NWl/4) of said Section Twenty Six (26), a distance or Two Thousand Six Hundred Fifty Two and Thirty Two Hundredths (2,652.32) feet to the northwest comer or the Southwest Quarter (SWl/4) of said Section Twenty SII (26); thence deDectlllll rlgbt 00"02'40' and running southerly, along and upon the """t Une of the Southwest Quarter (SWl/4) of said Sectloa Twenty Six (26) a distance of Two Thousand SII Hundred Fifty Two and Ninety Four Hundredths (2,652.94) feet to the southwest comer ol the Southwest Quarter (SWl/4) or said Section Twenty SII (26); thence deDectlng left 90°19'25" and running easterly, along and upon the south line of the Southwest Quarter (SWl/4) of said Section Twenty Six (26), a distance of Two Thousand SII Hundred Fifty Four and Fifty Two Hundredths (2,654.52) feet to the sonthwest corner ot the Southeast Quarter (SEl/4) of said Section Twenty Six (26); thence deftectlng left 89°45'00' and running northerly, along and upon the """t line of the Southeast Quarter (SEl/4) and Northeast Quarter (NEl/4) or Said section Twenty SII (26), a distance of Two Thousand SII Hundred Sixty Nine and Seventy Two Hundredths (2,669.72) feet; thence deOecting rlgbt 90'00'00' and running easterly, a distance or Two Thousand SII Hundred Sixty Three and Thirty Four Hundredths (2,663.34) feet; thence deOectlng left 90"06'03' and running northerly, a distance or One Hundred Fifty Four and Six Tenths (154.60) feet; thence cleftectillll right 92'39'22' and running easterly, a distance or One Hundred Thirty Two and

TA-44441 / TA-44441

200208766 Seventy Four Hundredths (132.74) feet; thence deflecting right 87"29'59' and running southerly, a distance of Two Hundred Fifteen and Eighty Two Hundredths (215.82) feet; thence deDectlog left 90°59'20' and running easterly, a distance of Nine Hundred Filly Five and Fifty Two Hundredths (955.52) feet; thence deDectlng right 90°59'32' and running southerly, a distance of Two Thousand Six Hundred Thirty One and Eighty Seven Hundredths (2,631.87) feet to a point on the south line of the Southwest Quarter (SWl/4) of said Section Twenty Five (25); thence deDectlng left 89°52'50' and running easterly along and upon the south line of the Southwe$t Quarter (SWl/4) or said Section Twenty Five (25), a distance of One Thousand Five Hundred Filly Two and Sixty Two Hundredths (1,552.62) feet to the point or the beginning.

Form sonw.11 by Automlted ne.r Estell S.rvto•, lno. 1-lff-U0-1215 TA-44441 / TA-44441

I 2 3

EXHIBITB 200208766

PERMITTED ENCUMBRANCES

Subject to the rights of the public an<l others thereto in and to the use of that portion of subject property within the bounds of any roads or highways.

Notice of Easement and Easement for Electric Distribution System executed by the Secretary of the Anny under and by virtue of .the authority vested in the Secretary by Title 10 United States Code, Section 2668 to Southern Nebraska Rural Public Power District, Easement dated January 27, 1997 and Notice of Easement dated February 12, 1997, all filed March 4, 1997, as Document No. 97-101563 in the Register of Deeds of Hall County, Nebraska .

. Easement for Drainage Channels located on Cornhusker Army i\mmunition Plant, Hall Couory, Nebraska, No. DACA 45-2-00-6022, filed May 15, 2000, as Document No. 200003927 in the Office of the Register of Deeds of Hall County, Nebraska.

Amendment No. 1 to Easement No. DACA 45-2-00-6023, Cornhusker Anny Ammunition Plant, Hall County, Nebraska, filed February 28, 2001, as Document No. 200101488 in the Register of Deeds Office of Hall County, Nebraska.

Subject to Reservations, Covenants and Reserved Access as shown in Quitclaim Deed dated February 26, 2002, filed April 10, 2002, as Document No. 200203896 in the Register of Deeds Office of Hall County, Nebraska.

03-75865.02