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2017-05-11-210 S. 17th St. - Old LibraryWASHINGTON COUNTY NEBRASKA Filed for record on December 10, 2019 at 09:50 AM Recorded Instrument No. 2019-03948 Genera! n � (1 P ges) Numerical moi; ;SOU/ M Photostat Carolyn M Stodola, Register of Deeds Proofed Scanned NEBRASKA DOCUMENTARY STAMP TAX Dec 10, 2019 Exempt -2 By: BA Prepared by and after Recording Return to: Brenda Wheeler, City Clerk, City of Blair, 218 S. 16th Street, Blair, NE 68008 (402) 426-6694 MARGIN ABOVE RESERVED FOR RECORDING INFORMATION DATE OF INSTRUMENT: December 9 2019 QUITCLAIM DEED The VCC Properties, an Iowa Limited Liability Company (Grantor), in consideration of One Dollar ($1.00) and the other consideration received from the City of Blair, Nebraska, a Nebraska Municipal Corporation (Grantees), quitclaims to Grantee the following described real estate (as defined in Neb. Rev. Stat. 76-201) in Blair, Washington County, Nebraska: Lot 5-8, Block 57, City of Blair, Washington County, Nebraska Executed this Ofday of December 2019. Representative for VCC Properties, LLC Vision Care Clinic, P.C. STATE OF NEBRASKA ) ) ss. COUNTY OF WASHINGTON ) This instrument was acknowledged before me on the day of December 2019 by Dr, `d r- x of VCC Properties, LLC, an Iowa Limited Liability Company. Witness my hand and Notarial Seal the day and year last above written. 79, W ERAL NOTARY -State of Nebraska BRENDA R WHEELERIM y Comm. Exp. June 2Q 2020 Notary Public Brenda Wheeler From: Phil Green Sent: Thursday, November 14, 2019 2:52 PM To: Alex Benner Cc: Brenda Wheeler Subject: Former Library East Parking Lot Attachments: City Deed & Purchase Agreement.pdf, Bank Real Esate Deed of Trust.pdf, Notice of Com men cement.pdf, Tax Report.pdf Dr. Benner, Thanks for meeting with me this morning. Below is the all the information I shared with you. One "option" I forgot to mention to you was paying off all of the 2019 taxes ($9206.10) right after we reimburse you the $3013.98, or at least payoff the full 1st half ($4603.05). The advantage is just that you are done for the year / or the 1 st half, and don't need to remember to pay the remainder of your 1 st half ($1589.07). However you want to pay it is fine with us, just remember to pay it because the obligation is yours even though we will take back ownership of the east parking lot. According to the paperwork filed with the Washington County Register of Deeds, your bank loan used the correct legal description. We have prepared a Quitclaim deed releasing your interest in that property. We will reimburse you for all property taxes on those lots for the last (3) years. I have attached the following documents: 1) Copy of real estate deed of trust with the Washington County Bank showing they did not include lots 5- 8 in your loan documents. 2) Copy of notice of commencement with Washington County Bank. 3) Purchase Agreement between the City of Blair and VCC Properties and Warranty Deed. 4) 2017/2018 property information sheet from the Washington County Assessors. 5) Proposed Quit Claim Deed Bill at the County Assessor's office assisted us in determining the amount of reimbursement for taxes for the past (3) years. This is the information he gave to Brenda Wheeler. Lots 5-8 are 24' x 100 lots totaling 9600 sq. ft. which is assessed at $3.00 per sq. ft = $28,800 Lots 5-8 also are assessed for the value of pavement which equals = $19,185 The total assessed value combined equals = $47,985 The total assessed value ($47,985) is then taken times the combined levy for 2017, 2018 and 2019 divided by $100 because the levy is per $100 of valuation: 2017-$47,985x2.045630/$100= $981.60 2018 - $47,985 x 2.112607/$100 = $1013.73 2019 - $47,985 x 2.122854/$100 = $1018.65 Total $3013.98 You will note in the attached Tax Report that the land value changed quite a bit from 2017 to 2018 but we are fine with paying the same valuation all three years even though 2017 was considerably lower than 2018. We are prepared to pay for minimal legal fees that you might incur in signing this deed. If all is agreeable, please sign the QuitClaim deed and return to Brenda Wheeler at City Hall for filing. If you have any questions or changes to this information, feel free to contact me. Thank you. Phil Green Assistant City Administrator City of Blair 218 South 16th Street Blair, NE 68008 Phone: (402) 426-6691 Fax: (402) 426-4195 pcgreen@.blaimebraska.org WASHINGTON COUNTY, STATE OF NEBRASKA Instrument Number 2017-01604 J(QA V�,+ CL "'iittdA&V v REGISTER OF DEEDS Recorded General Numerical Photostat Proofed Scanned Return To: WASHINGTON COUNTY BANK 1623 WASHINGTON STREET PO BOX 248 BLAIR, NE 68008 FILED 2017 May -16 AM 09:02 KAREN A. MADSEN WASHINGTON COUNTY REGISTER OF DEEDS BLAIR, NE Notice of Commencement Parcel Identifier Number 880045066 Permit No: The undersigned, after being first duly sworn, states as follows and verifies that the information set forth in this Notice of Commencement (s true to the best of the undersigned's knowledge, information and belief: 1, Description of Property (legal and street address): LOTS NINE, TEN, ELEVEN, TWELVE, THIRTEEN, FOURTEEN AND FIFTEEN (5,10, 11, 12, 13,14, AND 16), ALL IN BLOCK 57, IN THE CITY OF BLAIR, ALSO KNOWN AS THE ORIGINAL TOWNSITE OF BLAIR, WASHINGTON COUNTY, NEBRASKA. 210 S 17TH STREET BLAIR, NE, 68008 2. General Description of Property: L6 10 1112 13 14 15, B67 CITY OF BLAIR, WASHINGTON COUNTY, NE 3. Name of Borrower(s): VCC PROPERTIES, L,L.C., VISION CARE. CLINIC, P.C. Address of Borrower(s): 201 N MAIN STREET, PO BOX 388, DENISON, IA 51442 4. Borrower(s) Interest in Property: fee sinydo title owner 5. Name & Address of Fee Simple Titleholder (if other than Borrower): S. Builder's Name: VARIOUS CONTRACTORS Builder's Address: Notice of Communcernant-NE VMI' (9 [cankers Syslonns ret Woltora Kluwer Financial Sorvloos 0 2006, 2011 VMP1310(NEI (1106).00 Page 1 of 4 Page Count 4 2017-01604 7. Name and Address of all Lending institutions Which Provide Financing for the Improvements; WASHINGTON COUNTY BANK 1523 WASHINGTON STREET PO BOX 248 BLAIN, NE 68008 S. Name and Address of the Designee, if any, of the Borrower: 9. Lien Priority, If after this Notice of Commencement is recorded, a lien is recorded as to an improvement covered by this Notice of Commencement, the lien has priority from the time the Notice of Commencement is recorded. 10. rNpiration Date of this Notice of Commencement is one Year from Date of Recording Unless a Different Date is Specified: 11. Limitations. This Notice of Commencement covers all improvements made on the real estate described above (or benefiting the real estate as described under RS 52:133(4) except as limited by the following: Notion of Commoncomeht•NE VMP ® Hankers Systems TM Wolters Kluwer Flhanolal Servtoes (D 2006, 2011 VMP1310lNF) (11e02 ,00 Pag 2017-01604 Borrower VCC PROPERTIES, L,L.C„ VISION CARE CLINIC, P.C. LIMITED LIABILITY COMPANY SCOTT A. B4KER, COPRESIDENT Date (Seal) �r { STEVEN K. BROVINMILLER, CO•PRESIUNT - Date (Seal) t �t KEITH A. SCHRUNK, COPRESIDENT; Data (Seal) ALEX BENNER, 00•PRESIDENT,"KeT+Hir9�HR Nlt 8-PftfiG 4T— Dato (Seal) ❑ Refer to the attached Signature Addendum for additional parties and signatures, Notices of commencemont•N11 VMP ® HAnkers Systems m Wolters Kluwor Vinnnefnl Servicss(0 21706, 7011 VMP1310(NEI 11103 of 4 .00 p4go 2017-01604 Acknowledgment State of��` County ofM1t n f f,�h�� !� by(.b�-�Ca+Civ>✓1r�}O' ''his instrument was ackn ledged before me uta ��►,YG�,vrtY�41cY, ��-nfi,i>�i�rp 4i�+�c��-,�c, cv- r-��. Notaty Public My Cormnission Faxplres: U l I ri / I- i JXo�OTAAy . Siete of ftraska ERIC PRE1STER lriy Comm. EXI. April 19, 2021 Y Notice of Commancement•NE VMP® Bankers SystumsM Wolters Kluwor Financial SarVIC99 (D 2006, 2011 VMPIa10(NF) 111061.00 Pep 4 of 4 2017-01604 WASHINGTON COUNTY, STATE OF NEBRASKA Instrument Number 2017-01603 REGISTER OF DEEDS Recorded General Numerical Photostat Proofed Scanned Return To: WASHINGTON COUNTY BANK 1523 WASHINGTON STREET PO BOX 248 BLAIR, NE 88008 State of Nebraska FILED 2017 May -16 AM 09:02 KAREN A. MADSEN WASHINGTON COUNTY REGISTER OF DEEDS BLAIR, NE Spare Above This tine For Recording Data READ ESTATE DEED OF TRUST (With Future Advance Clause) 0 Construction Security Agreement CI Master form recorded by 7, DATE AND PARTIES. The date of this Deed of Trust is -11-2 r and the parties and their addresses are as follows: TRUSTOR: UCC PROPERTIES, L,L.C., AN IOWA LIMITED LIABILITY COMPANY 201 N MAIN STREET, PO BOX 300 DENISON, IA 51442 O Refer to the Addendum which Is attached and incorporated herein for additional Trustors, signatures and acknowledgments. TRUSTEE: WASHINGTON COUNTY BANK 1523 WASHINGTON STREET BLAIR, NE 68008 BENEFICIARY: WASHINGTON COUNTY BANK ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF NEBRASKA 1523 WASHINGTON STREET PO BOX 248 BLAIR, NE 68008 Socur y Instrumont-Commercial/Aoricullurnl-NE VMP®® Bankers SysternaTM Waltera Kluwer Financial Services 01993, 2011 AOCO-RE,sl-NE 7/1/2011 VMP•CG061N Pa(ee 1107'.000 Page Count 10 2017-01603 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (hereafter defined), Trustor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of the Beneficiary, with power of sale, the following described property: LOTS NINE, TEN, ELEVEN, TWELVE, THIRTEEN, FOURTEEN AND FIFTEEN 19, 10,11, 12, 13,14, AND 161, ALL IN BLOCK 67, IN THE CITY OF BLAIR, ALSO KNOWN AS THE ORIGINAL TOWNSITE OF BLAIR, WASHINGTON COUNTY, NEBRASKA. The property is located in WASHINGTON at County) BLAIR , Nebraska 6800i zipends) (Address iCity) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers, and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"), The term Property also includes, but is not limited to, any and all water wells, water, ditches, reservoirs, reservoir sites and darns located on the real estate and all riparian and water rights associated with the Property, however established. 3. MAXIMUM OBLIGATION LIMIT. The total principal amount of the Secured Debt (hereafter defined) secured by this Deed of Trust at any one time shall not exceed $ 6 000 00 . This limitation of amount does not include interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges validly made pursuant to this Deed of Trust and does not apply to advances (or interest accrued on such advances) made under the terms of this Deed of Trust to protect Beneficiary security and to perform any of the covenants contained in this Deed of Trust. Future advances are contemplated and, along with other future obligations, are secured by this Deed of Trust even though all or part may not yet be advanced, Nothing in this Deed of Trust, however, shall constitute a commitment to make additional or future loans or advances in any amount, Any such commitment would need to be agreed to in a separate writing. 4. SECURED DEBT DEFINED, The term "Secured Debt" includes, but is not limited to, the following: A, The promissory note(s), contract(s), guaranty(les) or other evidence of debt described below and all extensions, renewals, modifications or substitutions (Evidence of Debt), (When referencing the debts below it is suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) PROMISSORY NOTE DATED 5.11.2017 IN THE AMOUNT OF 5520,000 EXECUTED BY UCC PROPERTIES, IA,C. AND VISION CARE CLINIC, P.C. B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Deed of Trust whether or not this Dead of Trust is specifically referred to in the evidence of debt, C, All obligations Trustor owes to Beneficiary, which now exist or may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Trustor and Beneficiary. D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses Incurred by Beneficiary under the terms of this Deed of Trust, plus interest at the highest rate in effect, from time to time, as provided In the Evidence of Debt. E. Trustor's performance under the terms of any instrument evidencing a debt by Trustor to Beneficiary and any Deed of Trust securing, guarantying, or otherwise relating to the debt, Security In.ttumottt-Commerclel/Agrloultural•NE VMPTJ Benkars 3yaientsYM Wolters Kluwer Fin.nc al Servleoa ®1993, 2011 AeCO-RESI-NE 711/2011 VMP-CBSIS(NE) 1110700 Peg. 2 of 10 2017-01603 if more than one person signs this Deed of Trust as Trustor, each Trustor agrees that this Deed of Trust will secure all future advances and future obligations described above that are given to or incurred by any one or more Trustor, or any one or more Trustor and others. This Deed of Trust will not secure any other debt if Beneficiary fails, with respect to such other debt, to make any required disclosure about this Deed of Trust or if Beneficiary fails to give any required notice of the right of rescission. 5. PAYMENTS, Trustor agrees to make all payments on the Secured Debt when due and in accordance with the terms of the Evidence of Debt or this Dead of Trust. 6. WARRANTY OF TITLE. Trustor covenants that Trustor is lawfully seized of the estate conveyed by this Deed of Trust and has the right to irrevocably grant, convey and sell to Trustee, in trust, with power of sale, the Property and warrants that the Property is unencumbered, except for encumbrances of record. 7. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments, lions, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due, Beneficiary may require Trustor to provide to Beneficiary copies of all notices that such amounts are due and the receipts evidencing Truster's payment. Truster will defend title to the Property against any claims that would impair the lien of this Deed of Trust, Trustor agrees to assign to Beneficiary, as requested by Beneficiary, any rights, claims or defenses which Trustor may have against parties who supply labor or materials to improve or maintain the Property. 8. PRIOR SECURITY INTERESTS. With regard to any other mortgage, dead of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property and that may have priority over this Deed of Trust, Trustor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Beneficiary any notices that Trustor receives from the holder. C. Not to make or permit any modification or extension of, and not to request or accept any future advances under any note or agreement secured by, the other mortgage, deed of trust or security agreement unless Beneficiary consents In writing. 9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at Its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of any lien, encumbrance, transfer, or sale, or contract for any of those on the Property, However, if the Property includes Trustor's residence, this section shall be subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. For the purposes of this section, the term "Property" also includes any interest to all or any part of the Property. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Deed of Trust is released. 10. TRANSFER OF AN INTEREST IN THE TRUSTOR. If Trustor is an entity other than a natural person (such as a corporation or other organization), Beneficiary may demand immediate payment If (1) a beneficial interest In Trustor is sold or transferred; (2) there is a change In either the identity or number of members of a partnership; or (3) there is a change in ownership of more than 26 percent of the voting stock of a corporation, However, Beneficiary may not demand payment in the above situations if it is prohibited by law as of the date of this Deed of Trust, 11. ENTITY WARRANTIES AND REPRESENTATIONS. If Trustor is an entity other than a natural person (such as a corporation or other organization), Trustor makes to Beneficiary the following warranties and representations which shall be continuing as long as the Secured Debt remains outstanding: A. Trustor is an entity which is duly organized and validly existing in the Trustor's state of incorporation (or organization). Trustor is in good standing in all states in which Trustor transacts business. Trustor has the power and authority to own the Property and to carry on its business as now being conducted and, as applicable, Is qualified to do so in each state in which Trustor operates, B, The execution, delivery and performance of. this Deed of Trust by Trustor and the obligation evidenced by the Evidence of Debt are within the power of Trustor, have been duly authorized, have received all necessary governmental approval, and will not violate any provision of law, or order of court or governmental agency. C. Other than disclosed in writing Trustor has not changed its name within the last ten years and has not used any other trade or fictitious name. Without Beneficiary's prior written consent, Trustor does not and will not use any other nante and will preserve its existing dame, trade names and franchises until the Secured Debt is satisfied, Security Instrumopt-CommoratallApricullurnl NE ABCD-NCSI-NE 1102011 VMP-Cr96 iNQ VMP® Bankers Syator o'M Poo.3 of 0 Wolters Omar Financial Sorvices 01993, 2011 2017-01603 12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition and make all repairs that are reasonably necessary. Trustor will give Beneficiary prompt notice of any loss or damage to the Property, 'Trustor will keep the Property free of noxious weeds and grasses. Trustor will not initiate, join In or consent to any change in any private restrictive covenant, zoning ordinance or other public or private restriction limiting or defining the uses which may be made of the Property or any part of the Property, without Beneficiary's prior written consent. Truster will notify Beneficiary of all demands, proceedings, claims, and actions against Trustor or any other owner made under law or regulation regarding use, ownership and occupancy of the Property. Trustor will comply with all legal requirements and restrictions, whether public or private, with respect to the use of the Property. Trustor also agrees that the nature of the occupancy and use will not change without Beneficiary's prior written consent, No portion of the Property will be removed, demolished or materially altered without Beneficiary's prior written consent except that Trustor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Deed of Trust. Trustor shall not partition or subdivide the Property without Beneficiary's prior written consent. Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose of inspecting the Property, Any inspection of the Property shall be entirely for Beneficiary's benefit and Trustor will in no way rely on Beneficiary's inspection. 13. AUTHORITY TO PERFORM. If Trustor fails to perform any of Truster's duties under this Deed of Trust, or any other mortgage, deed of trust, security agreement or other Igen document that has priority over this Deed of Trust, Beneficiary may, without notice, perform the duties or cause them to be performed. Trustor appoints Beneficiary as attorney in fact to sign Truster's dame or pay any amount necessary for performance. If any construction on the Property is discontinued or not carried on in a reasonable manner, Beneficiary may do whatever is necessary to protect Beneficiary's security Interest in the Property. This may include completing the construction. Beneficiary's right to perform for 'Trustor shall not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from exercising any of Beneficiary's other rights under the law or this peed of Trust. Any amounts paid by Beneficiary for insuring, preserving or otherwise protecting the Property and Beneficiary's security interest will be due on demand and will bear interest from the data of the payment until paid in full at the interest rate in effect from time to time according to the terms of the Evidence of Debt. 14. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably assigns, grants and conveys to Beneficiary as additional security all the right, title and interest In the following (Property). A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including but not limited to, any extensions, renewals, modifications or replacements (Leases). B. Rents, issues and profits, including but not limited to, security deposits, minimum rents, percentage rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance Premium contributions, liquidated damages following default, cancellation premiums, "loss of rents' insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Truster may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property (Rents), In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Trustor will promptly provide Beneficiary with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Trustor may collect, receive, enjoy and use the Rents so long as Trustor is not in default, Trustor will not collect in advance any Rents due in future lease periods, unless Trustor first obtains Lender's written consent. Upon default, Trustor will receive any Rents in trust for Beneficiary and Trustor will not commingle the Rents with any other funds, When Beneficiary so directs, Trustor will endorse and deliver any payments of Rents from the Property to Beneficiary. Amounts collected will be applied at Beneficiary's Sarur ty Instrurnent-Commarcirul/Agricultural-NE AGOQ-MI-NE 7/1/2011 VMP� Bankers SystomsTM VMI'-C696(NEI (1107}.00 Wolters Kluwer rinancial Services 01993, 7.011 Page 4 of 10 2017-01603 discretion to the Secured Debts, the costs of managing, protecting and preserving the Property, and other necessary expenses. Trustor agrees that this Security instrument is immediately effective between Trustor and Beneficiary and effective as to third parties on the recording of this Assignment. As long as this Assignment is in effect, Trustor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Trustor, at Its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Trustor or any party to the Lease defaults or fails to observe any applicable law, Trustor will promptly notify Bonoficiary. if Trustor neglects or refuses to enforce compliance with the terms of the Leases, then Beneficiary may, at Beneficiary's option, enforce compliance. Trustor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Beneficiary's consent. Trustor will not assign, compromise, subordinate or encumber the Leases and Rents without Beneficiary's prior written consent. Beneficiary does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Beneficiary acts to manage, protect or preserve the Property, except for losses and damages due to Beneficiary's gross negligence or intentional torts, Otherwise, Trustor will indemnify Beneficiary and hold Beneficiary harmless for all liability, loss or damage that Beneficiary may incur when Beneficiary opts to exercise any of its remedies against any party obligated under the Leases. 15. CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. If the Property includes a unit in a condominium or a planned regulations it level condominium mens, o or will leperform t development. 16, uster's duties under the covenants, by-laws, or 16, DEFAULT. Trustor will be in default If any of the following occur - A. Any party obligated on the Secured Debt falls to make payment when due; B. uction loan agreement, nt,each fsecu security agreement or term or in any ols Deed of ther document evidencing, guarrior antying, securing or otherwise relating to the Secured Debt; C, The making or furnishing of any verbal or written representation, statement or warranty to Beneficiary that is false or incorrect in any material respect by Trustor or any person or entity obligated on the Secured Debt; D. The death, dissolution, appointment of a receiver for, or application of any debtor relief law to, Truster or any person or entity obligated on the Secured Debt; E, A good faith belief by Beneficiary at any time that Beneficiary is insecure with respect to any parson or entity obligated on the Secured Debt or that the prospect of any payment is impaired or the Property is Imppaired; P A mater alconditions, whichsBeneficiary in its opinion believes impairschange in Trustor's businessgthe valuehownersof, P opertynomanaer repayment of the Secured Debt; or G. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R, Part 1940, Subpart G, Exhibit M. 17. REMEDIES ON DEFAULT. In some instances, federal and state law will require Beneficiary to provide Trustor with notice of the right to cure, mediation notices or other notices and may establish time schedules for foreclosure act€ons. Subject to these limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Deed of Trust in a manner provided by law if this Trustor is in default. At the option of Beneficiary, all or any part of the agreed fees and charges, accrued Interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by law, the Evidence of Debt, other evidences of debt, this Deed of Trust and any related documents including without limitation, the power to sell the Property. If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the Beneficiary, advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all right, title and interest of Trustor at such time and aiTrustee designates. Trustee -shall siiie the time, lace of sale and dscr€ptionof heopertytobesold arequired by the law in effect at the time of the proposed sale. AOOO-HESI-NF 71112011 Security ins lrument-Oonunarelai/Agricuilufal•NE VMP•C6$6(NE) (1107).00 VMPG aankors Systemslra Page 6 of 10 Wollors Kluwar F-nancisl Sorvicos x1999, 2011 2017-01603 Upon sale of the Property and to the extent riot prohibited by law, Trustee shall make and deliver a deed to the Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, shall pay to Beneficiary all moneys advanced for repairs, taxes, Insurance, liens, assessments and prior encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying the surplus, If any, to Trustor. Beneficiary may purchase the Property, The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth therein. All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies provided at law or equity, whether expressly set forth or not. The acceptance by Beneficiary of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to require full and complete cure of any existing default, By not exercising any remedy on Trustor's default, Beneficiary does not waive Beneficiary's right to later consider the event a default if it continues or happens again. 18. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Deed of Trust. Trustor will also pay on demand all of Beneficiary's expenses incurred in collecting, insuring, preserving or protecting the Property or in any inventories, audits, Inspections or other examination by Beneficiary in respect to the Property. Trustor agrees to pay all costs and expenses incurred by Beneficiary in enforcing or protecting Beneficiary's rights and remedies under this Deed of Trust, including, but not limited to, attorneys' fees, court costs, and other legal expenses. Once the Secured Debt is fully and finally paid, Beneficiary agrees to release this Deed of Trust and Trustor agrees to pay for any recordation costs. All such amounts are due on demand and will bear interest from the time of the advance at the highest rate in effect, from time to time, as provided in the Evidence of Debt and as permitted by law. 19. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) "Environmental Law" means, without limitation, the Comprehensive Environmental Response, Compensation arid Liability Act (CERCLA, 42 U.S.C. 9601 et seq.l, all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or Interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and I2? "Hazardous Substance" means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Trustor represents, warrants and agrees that, except as previously disclosed and acknowledged in writing: A. No Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. B. Trustor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C, Trustor will immediately notify Beneficiary if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Trustor will take all necessary remedial action in accordance with Environmental Law, D. Trustor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Trustor or any tenant of any Environmental Law. Trustor will immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Beneficiary has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Trustor and every tenant have been, are and shall remain in full compilance with any applicable Environmental Law. F. There are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Beneficiary first consents in writing. G. Trustor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. Sao" r((ty Instrument-Commarcl"IiAgrlcultural-NE AGCO•tiCSI-NE 7/1/2011 VMi'kD 9ankats SystomaTM VMP-C898(NF.) (11071.00 WAars Mutvor Financial Satvlcos 01898, 2011 11600 8 a1 10 2017-01603 H. Trustor will permit, or cause any tenant to permit, Beneficiary or Beneficiary's agent to enter and Inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Trustor and any tenant are in compliance with applicable Environmental Law, I. Upon Beneficiary's request and at any time, Trustor agrees, at Trustor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Beneficiary. The choice of the environmental engineer who will perform such audit is subject to Beneficiary's approval. J. Beneficiary has the right, but not the obligation, to perform any of Trustor's obligations under this section at Trustor's expense, K, As a consequence of any breach of any representation, warranty or promise made in this section, (1) Trustor will indemnify and hold Beneficiary and Beneficiary's successors or assigns harmless from and against all losses, clairns, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Beneficiary and Beneficiary's successors or assigns may sustain; and (2) at Beneficiary's discretion, Beneficiary may release this Deed of Trust and in return Trustor will provide Beneficiary with collateral of at least equal value to the Property secured by this Deed of Trust without prejudice to any of Beneficiary's rights under this Deed of Trust, L. Notwithstanding any of the language contained in this Deed of Trust to the contrary, the terms of this section shall survive any foreclosure or satisfaction of this Deed of Trust regardless of any ctitle lento Beneficiary theorany ars disposition waived, byBeneficiaryof any or all of the Property. Any claims and 20. CONDEMNATION. Trustor will give Beneficiary prompt notice of any action, real or threatened, by private or public, entities to purchase or take any or all of the Property, including any easements, through condemnation, eminent domain, or any other means. Trustor further agrees to notify Beneficiary of any proceedings instituted for the establishment of any sewer, water, conservation, ditch, drainage, or other district relating to or binding upon the Property or any part of it, Trustor authorizes Beneficiary to Intervene in Trustor's name in any of the above described actions or claims and to collect and receive all sums resulting from the action or claim, Trustor assigns to Beneficiary the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property, Such proceeds shall be considered payments and will he applied as provided in this Deed of Trust. This assignment of proceeds is subject to the terms of any prior security agreement, 21. INSURANCE. Trustor agrees to maintain Insurance as follows: A. Trustor shall keep the Property insured against loss by fire, theft and other hazards and risks reasonably associated with the Property due to its type and location. Other hazards and risks may Include, for example, coverage against loss due to floods or flooding, This insurance shall be maintained in the amounts and for the periods that Beneficiary requires. What Beneficiary requires pursuant to the preceding three sentences can change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by Trustor subject to Beneficiary's approval, which shall not be unreasonably withheld. If Trustor fails to maintain the coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights In the Property according to the terms of this Deed of Trust, All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage clause" and, where applicable, "beneficiary loss payee clause," Trustor shall immediately notify Beneficiary of cancellation or termination of the insurance. Beneficiary shall have the right to hold the policies and renewals. If Beneficiary requires, Trustor shall immediately give to Beneficiary all receipts of paid premiums and renewal notices. Upon loss, Trustor shall give immediate notice to the insurance carrier and Beneficiary, Beneficiary may make proof of loss if not made immediately by Trustor. Unless Beneficiary and Trustor otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged if the restoration or repair is economically feasible and Beneficiary's security is not lessened. If the restoration or repair is not economically feasible or Beneficiary's security would be lessened, the insurance proceeds shall be applied to the Secured AGCO112011 SeourltyInstrument-Commerdnlhgriculturnl-NE MP -0 95(NEL' 11071.0 VMPG Bankers SyslemsTm VMP•C696(NE) (11011.10 Wallors Kluwor Financial so,vicon 01993, 2011 Paetl 7 of t0 2017-01603 Debt, whether or not then due, with any excess paid to Trustor, If Trustor abandons the property, or does not answer within 30 days a notice from Beneficiary that the insurance carrier has offered to settle a claim, then Beneficiary may collect the insurance proceeds. Beneficiary may use the proceeds to repair or restore the Property or to pay the Secured Debt whether or not then due. The 30-day period will begin when the notice is given. Unless Beneficiary and Trustor otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of scheduled payments or change the amount of the payments. If the Property is acquired by Beneficiary, Trustor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt immediately before the acquisition. S. Trustor agrees to maintain comprehensive general liability Insurance naming Beneficiary as an additional insured in an amount acceptable to Beneficiary, insuring against claims arising from any accident or occurrence in or on the Property. C. Trustor agrees to maintain rental loss or business interruption insurance, as required by Beneficiary, in an amount equal to at least coverage of one year's debt service, and required escrow account deposits tit agreed to separately in writing), under a form of policy acceptable to Beneficiary. 22. NO notbeFOR TAXES to pay to DIN INSURANCE. funds Unlessfor Other Insurance s provided in a separate agreement, Trustor wil 23. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, any financial statement or information Beneficiary may deem neoessary. Trustor warrants that all financial statements and information Trustor provides to Beneficiary are, or will be, accurate, correct, and complete. Trustor agrees to sign, deliver, and file as Beneficiary may reasonably request any additional documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve Trustor's obligationsunder this Deed of Trust and Beneficiary's lien status on the Property, If Trustor fails to do so, Beneficiary may sign, deliver, and file such documents or certificates in Trustor's name and Trustor hereby irrevocably appoints Beneficiary or Beneficiary's agent as attorney in fact to do the things necessary to comply with this section. 24. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Deed of Trust are joint and Individual. If Trustor signs this Deed of Trust but does not sign the Evidence of Debt, Trustor does so only to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and Trustor does not agree to be personally liable on the Secured Debt. Trustor agrees that Beneficiary and any party to this Dead of Trust may extend, modify or make any change in the terms of this Dead of Trust or the Evidence of Debt without Trustor's consent. Such a change will not release Trustor from the terms of this Deed of Trust. The duties and benefits of this Deed of Trust shall bind and benefit the successors and assigns of 'Trustor and Beneficiary. If this Deed of Trust secures a guaranty between Beneficiary and Trustor and does not directly secure the obligation which is guarantied, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim against Trustor or any party indebted under the obligation including, but not limited to, anti-deficiency or one-action laws, 25. APPLICABLE LAW; SEVERABILITY; INTERPRETATION, This Deed of Trust is governed by the laws of the jurisdiction in which Beneficiary is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Deed of Trust Is complete and fully integrated. This Deed of Trust may not be amended or modified by oral agreement. Any section or clause in this Deed of Trust, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section or clause of this Dead of Trust cannot be enforced according to its terms, that section or clause will be severed and will not affect the enforceability of the remainder of this Deed of Trust. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Deed of Trust are for convenience only and are not to be used to interpret or define the terms of this Deed of Trust. Time is of the essence in this Deed of Trust. 26, SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a successor trustee by an instrument recorded in the county in which this Deed of Trust is recorded. The successor trustee, without conveyance of the Property, shall succeed to all the title, power and duties conferred upon the Trustee by this Deed of Trust and applicable law. AGCO-Security Instrument-CommerclellAUricullUral-NF MP-06 5(NO 7/1/2011 VMPdb Bankers Systemsl'M VMP-G686INF1 11107f 10 Walters Kluwer Financlnl sorviaes 01993, 2011 P490 $ of 10 2017-01603 27. NOTICE. Unless otherwise required by law, any notice shall be given by delivering It or by mailing it by first class mail to the appropriate party's address on page 1 of this Dead of Trust, or to any other address designated in writing. Notice to one trustor will be deemed to be notice to all trustors, Trustor and Beneficiary hereby request a copy of any notice of default, and a copy of any notice of sale thereunder, be mailed to each party at the address for such party set forth on page 1 of this Deed of Trust. 28. U.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Deed of Trust: IN Construction Loan, This Deed of Trust secures an obligation incurred for the construction of an improvement on the Property. CX Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Trustor owns now or In the future and that are or will become fixtures related to the Property. F1 Crops; Timber; Minerals; Rents, Issues and Profits. Trustor grants to Beneficiary a security interest in all crops, timber and minerals located on the Property as well as all rents, issues and profits of them including, but not limited to, all Conservation Reserve Program (CRP) and Payment in Kind (PIK) payments and similar governmental programs (all of which shall also be included in the term "Property"), 12 Personal Property. Trustor grants to Beneficiary a security interest in all personal property located on or connected with the Property. This security interest includes all farm products, inventory, equipment, accounts, documents, instruments, chattel paper, general intangibles, and all other items of personal property Trustor owns now or in the future and that are used or useful in the construction, ownership, operation, management, or maintenance of the Property. The term "personal property" specifically excludes that property described as "household goods" secured in connection with a "consumer" loan as those terms are defined in applicable federal regulations governing unfair and deceptive credit practices, W Filing As Financing Statement. Trustor agrees and acknowledges that this Deed of Trust also suffices as a financing statement and as such, may be filed of record as a financing statement of purposes of Article 9 of the Uniform Commercial Code, A carbon, photographic, image or other reproduction of this Deed of Trust is sufficient as a financing statement, 29. OTHER TERMS. if checked, the following are applicable to this Deed of Trust: [A Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Deed of Trust will remain in effect until released. 0 Agricultural Property. Trustor covenants and warrants that the Property will be used principally for agricultural or farming purposes and that Trustor is an individual or entity allowed to own agricultural land as specified by law. Separate Assignment. The Trustor has executed or will execute a separate assignment of leases and rents. If the separate assignment of leases and rents is properly executed and recorded, then the separate assignment will supersede this Security Instrument's "Assignment of Leases and Rents" section. U Additional Terms. socut instrument-Commorc:al/Agricultural- AG -0696( E 11071. t VMPO4ankers SystomsTM VMP•eB98(NkPggele of 10 Wolters Kluwer Financis: SuMnes 01993, 2011 2017-01603 DESIGNATION OF HOMESTEAD Pursuant to the Farm Homestead Protection Act, designation of homestead C1 is attached to this Deed of Trust and made a part hereof 0 has been disclaimed; the disclaimer is attached to this Deed of Trust and made a part hereof, SIGNATURE& By signing below, Trustor agrees to the terms and covenants contained in this Deed of Trust and in any attachments. Trustor also acknowledges receipt of a copy of this Deed of Trust on the data stated above on Page 1. W Actual authority was granted to the parties signing below by resolution signed and dated Entity Name: VPf' PROPERTIES, I .I .0 ..� {gnatural SCOTT A. B WKER, CO -PRESIDENT (Data) (s �no) KEITH A. SCHR NK, 0 -PRESIDENT (Data) ACKNOWLEDGMENT: STATE OF , COUNTY OF iindivldual) This Instrument was acknowledged before me this day of by My commission expires: atura} STEVEN K, RROWNNIILLER, COTRESIDENT (Dataj (signature)AlEX BENNER, COTRESIDEN'r (Date) (Notary Public) sa, STATE OF NE COUNTY OF W SHINGION li3usiness This instrument was acknowledged before me this day if'm of of Entity by SCOTT A. HOWKER. CO•PR 10 tTSTEVEN K 1 BR " �I R 0 PR I) IT• KEITH A HR I!K,�•PREWDENT: ALEX Acknowledg- (Tltlo(s)) mol) 9FNNCtt rn PpCCInEhlj Of Vi;C-t'ROI (Name of Business or Entity) a inWAIlMjTfDjUAlllTVrQMPANY o behalf of the business or entity. My commission expires: 1,„•A XZ0 braskai Nctary 2021 Seourity instrument-commerolellA9troulturnl-NE VMPO Bankura SystemsW Wolters Kluwer Finaaoial Servinoa ®1993, 2011 ACCO-RLSI-L 711)2011 VMP-C696tN V.I 111071.00 Page 10 of 10 2017-01603 WASHINGTON COUNTY, STATE OF NEBRASKA Instrument Number 2017-01602 J(aAtnv CL Ahad "-V REGISTER OF DEEDS Recorded NEBRASKA DOCUMENTARY General STAMP TAX Numerical Photostat Date: 05/16/17 Proofed $ Ex002 By CS Scanned AHOYE RESERVED FoR RFco=xG WoRnknoN DATE OF INSTRUMENT: May '1.9" , 2017 RETURN ADDRESS: City of Blair 218 S. 16" St. Blair, NE 68008 WARRANTY DEED FILED 2017 May -16 AM 09:02 KAREN A. MADSEN WASHINGTON COUNTY REGISTER OF DEEDS BLAIR, NE The City of Blair, Nebraska, a Nebraska Municipal Corporation, GRANTOR, in consideration of THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) received from GRANTEE, VCC Properties, an Iowa Limited Liability Company, conveys to GRANTEE the following described real estate (as defined in Neb. Rev. Stat. 76-201) in Blair, Washington County, Nebraska: Lots 9-15 Block 57, City of Blair, Washington County, Nebraska Lots 5-8 Block 57, City of Blair, Washington County, Nebraska GRANTOR covenants with GRANTEE that GRANTOR: (1) is lawfully seized of such real estate and that it is free from encumbrances except those expressly disclosed; (2) has legal power and lawful authority to convey the same; and, (3) warrants and will defend the title to the real estate against the lawful claims of all persons claiming the same or any part thereof by, through, or under Grantor. PURCHASE AGREEMENT-- REAL ESTATE A YthnTary,2017 This Purchase Agreement made and entered into by and between City of Blair, Nebraska hereinafter referred to as "Seller", and the VCC Properties, LLC, hereinafter referred to as `Buyer". Now, therefore, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the parties hereby agree as follows: 1. Sale. The Seller hereby agrees to sell, and the Buyer hereby agrees to purchase, at the price and on the terms hereinafter set forth, the following described property, including but limited to all fixtures, improvements, structures, buildings, etc., located thereon and legally described as follows: (a) Legal Description of Real Estate Lots 9-15 Block 57, City of Blair, Washington County, Nebraska. 2. Purchase Price and Terms of Payment. The purchase price for the aforesaid real and personal property being purchased by the Buyer is in the sum of an amount equal to the sum of three hundred fifty thousand ($350,000.00) by cashier's check or other certified funds. A $25,000 down payment of cash or certified funds is required upon execution of this agreement, which shall be credited toward the purchase price at closing. 3. Closing Date. The closing date for the transaction shall be on or before May 12, 2017. Closing shall occur at the office of the City Cleric for the City of Blair, Nebraska, 4. Title Insurance. Title insurance shall be used in the conveyance in lieu of an abstract of tide. Seller shall provide Buyer with a commitment for title insurance, showing good and marketable title in Seller, and the policy of title insurance shall be issued by said title insurance company on its standard form, with such printed exceptions as appear on the form and any further exceptions and encumbrances as are acceptable to Buyer. Written notice of any such defects, including any easements, restrictions or other matters affecting title to the property contained in the updated commitment that is unacceptable to Buyer or its counsel shall be delivered to Sellers within Fourteen (14) days of receipt of the commitment of title insurance. Seller has no obligation to cure any defects. If Seller is unable or unwilling to cure such defects to the reasonable satisfaction of Buyer within a reasonable time thereafter, and if said defects are not so cured within a reasonable amount of time, then either party may terminate this Agreement. Buyer agrees to pay the total cost of the title insurance premium. 5. Warranty Deed, Upon payment by the Buyer to Seller of the purchase price of the real estate purchased, Seller shall cause to be conveyed to Buyer marketable fee simple title in and to said real estate described hereinabove, by proper Warranty Deed, subject to the following: (a) General Real Estate Taxes. Real estate taxes due and payable as provided in Paragraph 6 of this Purchase Agreement. 6. General Real Estate Taxes. Real estate taxes for 2016 and all prior years shall be paid by Seller. Real estate taxes for 2017 shall be prorated to the date of possession. (Basis for the proration shall be the most recent real estate tax statement.) The Buyers shall pay all general real estate taxes from the closing date, and all subsequent taxes. The Seller shall pay all real estate taxes, if any, owing for prior calendar years. 7. Possession. Seller's tenant shall have exclusive possession of the property until date of closing. Any risk of loss to the property shall be borne by Seller's tenant until title has been conveyed to Buyer. In the event prior to closing the structures on said real estate are materially damaged by fire, explosion or any other cause, Buyer shall have the right to rescincl this Agreement, Buyer shall assume all risk of loss from and after date of closing. 8. Specific Performance. It is understood and agreed that both parties retain their right to bring action for a specific performance of the terms of this Agreement in the event the other party is in default in carrying out their obligations under this Agreement. 9. Time is of the Essence. Time shall be of the essence in this Agreement for all times (dates) specified hereinabove both before and after the closing date. 10. Conveyance of Title. It is understood and agreed that this Agreement shall in no manner be construed to convey title to said property or to give any right to take possession thereof. 11. Other Terms of Agreement. (a) Seller shall pay all documentary stamps as a result of the sale, if any (b) This Agreement contains the entire understanding among the parties and supercedes any prior understanding among the parties and agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings oral or written between or among the parties hereto relating to the subject matter of this agreement which are not fully expressed herein. Ja s Realph, Mayor ATTEST; Az A GAJ kt"9_ Brenda Wheeler, City Clerk STATE OF NEBRASKA ) ): ss; COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me on Aa��l 2017, by James Realph, Mayor. GENERAL NOTARY -State of Nebraska BRENDA R WHEELER My Comm. Exp. June 20, 2020 Buyer —. STATE OF NEBRASKA. ) ): ss: COUNTY OF WASHINGTON ) Notary Public Buyer The foregoing instrument was acknowledged before me on ✓ a(c-k L , 2017, by GENERAL NOTARY -State of Nebraska BRENDA R WHEELER � My Comm. Exp. June 20, 2020 A'k Notary Public 0 4-4 rn > cd m IdH U2 42V O N � rA E d O o bA _ U U O O V A, o N o U O o o y bA �"{ () z ami a� Cd � a z >1 41 N00 ��l p �A o 4 o r P4toW U °' -+,� bra 1 -48 00 Js UN( -0N p4 4-4 �� O 4, U � c� � CH4-1 a aaQa ° 4, w 04 U ; U dam? O V O O O 4- 0 ,0 � O Zzo C) (DOW QUC,W <OOz r Q F"'W �' O W WZF-g S�W O N 0 4-4 rn > cd m IdH U2 42V O N � rA E d O o bA _ U U O O V A, o N o U O o o y bA �"{ () z ami a� Cd � a z >1 41 N00 ��l p �A o 4 o r P4toW U °' -+,� bra 1 -48 00 Js UN( -0N p4 4-4 �� O 4, U � c� � CH4-1 a aaQa ° 4, w 04 U ; U dam? O V O O O 4- 0 ,0 � Z !7- U C> cd �!- m F o 02 ai �Noo PTAO O v� o w W �a w m LU z O �o e �o zN a O� W W w °z d° U 'D UF2 C� � O w LONOvO-O U C O O W NOO.C�U �C�zaacn 0 4-4 rn > cd m IdH U2 42V O N � rA E d O o bA _ U U O O V A, o N o U O o o y bA �"{ () z ami a� Cd � a z >1 41 N00 ��l p �A o 4 o r P4toW U °' -+,� bra 1 -48 00 Js UN( -0N p4 4-4 �� O 4, U � c� � CH4-1 a aaQa ° 4, w 04 U ; U dam? O V O O O 4- 0 ,0 � z N O O T 0 N C> cd z O PTAO O W �a z N O O T 0 N ORDINANCE NO. 2329 COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AUTHORIZING THE SALE OF THE BLAIR PUBLIC LIBRARY ON LOTS 9-15, BLOCK 57, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, AS SURVEYED, PLATTED AND RECORDED IN WASHINGTON COUNTY, NEBRASKA; SOLD COLLECTIVELY FOR THE SUM OF THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00); PROVIDING FOR NOTICE OF SUCH SALE TO BE PUBLISHED FOR THREE (3) CONSECUTIVE WEEKS IMMEDIATELY AFTER THE PASSAGE OF THIS ORDINANCE; AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT WITH THE BUYER, VCC PROPERTIES, LLC, AND TO MAKE ALL NOTIFICATIONS REQUIRED UNDER NEB. REV. STAT. §16-202, INCLUDING NOTIFICATION OF THE RIGHT OF REMONSTRANCE; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FOLLOWING PASSAGE AND PUBLICATION AS REQUIRED BY LAW AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. The City of Blair authorizes the Mayor and City Clerk to execute and deliver a Purchase Agreement by and between the City of Blair, Nebraska, and VCC Properties, LLC, whereby the City agrees to sell the real estate described hereinabove for the sum of three hundred fifty thousand ($350,000.00) and pursuant to the terms and provisions of the Purchase Agreements attached hereto and marked Exhibit "A". SECTION 2. The Mayor and City Clerk of the City of Blair, Nebraska hereby authorized and directed to make all notifications required under Neb. Rev. Stat. § 16-202, et.seq., including but not limited to notice of the sale and the terms thereof, and, after the required remonstrance period has lapsed and City has not received a remonstrance against such sale signed by registered voters of the City equal in number to Thirty Percent (30%) of the registered voters of the voters voting at the last regular municipal election held therein, then, the Mayor and City Clerk are authorized to execute and deliver any and all documents, deeds or other instruments necessary to effectuate such conveyance of real estate. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 14th day of February, 2017. CITY OF BLAIR, NEBRASKA JAMS E. REALPH, MAYOR ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 14th day of February, 2017. BRENDA R. WHEELER, CITY CLERK PURCHASE AGREEMENT— REAL ESTATE p# E' y , 2017 This Purchase Agreement made and entered into by and between City of Blair, Nebrasl<a hereinafter referred to as "Seller", and the VCC Properties, LLC, hereinafter referred to as "Buyer". Now, therefore, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the parties hereby agree as follows: 1. Sale. The Seller hereby agrees to sell, and the Buyer hereby agrees to purchase, at the price and on the terms hereinafter set forth, the following described property, including but limited to all fixtures, improvements, structures, buildings, etc., located thereon and legally described as follows: (a) Legal Description of Real Estate Lots 9-15 Block 57, City of Blair, Washington County, Nebraska. 2. Purchase Price and Terms of Payment. The purchase price for the aforesaid real and personal property being purchased by the Buyer is in the sum of an amount equal to the sum of three hundred fifty thousand ($350,000.00) by cashier's check or other certified funds. A $25,000 down payment of cash or certified fluids is required upon execution of this agreement, which shall be credited toward the purchase price at closing. 3. Closing Date. The closing date for the transaction shall be on or before May 12, 2017. Closing shall occur at the office of the City Clerk for the City of Blair, Nebraska. 4. Title Insurance. Title insurance shall be used in the conveyance in lieu of an abstract of title. Seller shall provide Buyer with a commitment for title insurance, showing good and marketable title in Seller, and the policy of title insurance shall be issued by said title insurance company on its standard form, with such printed exceptions as appear on the form and any further exceptions and encumbrances as are acceptable to Buyer. Written notice of any such defects, including any easements, restrictions or other matters affecting title to the property contained in the updated commitment that is unacceptable to Buyer or its counsel shall be delivered to Sellers within Fourteen (14) days of receipt of the commitment of title insurance. Seller has no obligation to cure any defects. If Seller is unable or unwilling to cure such defects to the reasonable satisfaction of Buyer within a reasonable time thereafter, and if said defects are not so cured within a reasonable amount of time, then either party may terminate this Agreement. Buyer agrees to pay the total cost of the title insurance premium. 5. WarrantDeed. Upon payment by the Buyer to Seller of the purchase price of the real estate purchased, Seller shall cause to he conveyed to Buyer marketable fee simple title in and to said real estate described hereinabove, by proper Warranty Deed, subject to the following: (a) General Real Estate Taxes. Real estate taxes due and payable as provided in Paragraph 6 of this Purchase Agreement. 6. General Real Estate Taxes. Real estate taxes for 2016 and all prior years shall be paid by Seller. Real estate taxes for 2017 shall be prorated to the date of possession. (Basis for the proration shall be the most recent real estate tax statement.) The Buyers shall pay all general real estate taxes from the closing date, and all subsequent taxes. The Seller shall pay all real estate taxes, if any, owing for prior calendar years. 7. Possession. Seller's tenant shall have exclusive possession of the property until date of closing. Any risk of loss to the property shall be borne by Seller's tenant until title has been conveyed to Buyer. In the event prior to closing the structures on said real estate are materially damaged by fire, explosion or any other cause, Buyer shall have the right to rescind this Agreement. Buyer shall assume all risk of loss from and after date of closing. 8. Specific Performance. It is understood and agreed that both parties retain their right to bring action for a specific performance of the terms of this Agreement in the event the other party is in default in carrying out their obligations under this Agreement. 9. Time is of the Essence. Time shall be of the essence in this Agreement for all times (dates) specified hereinabove both before and after the closing date. 10. Conveyance of Title. It is understood and agreed that this Agreement shall in no manner be construed to convey title to said property or to give any right to take possession thereof. 11. Other Terms of Agreement. (a) Seller shall pay all documentary stamps as a result of the sale, if any (b) This Agreement contains the entire understanding among the parties and supercedes any prior understanding among the parties and agreements between them respecting the within subject matter. There are no representations. agreements, arrangements or understandings oral or written between or among the parties hereto relating to the subject matter of this agreement which are not fully expressed herein. ATTEST: ., Brenda Wheeler, City Clerk 2 James' Realph, Mayor STATE OF NEBRASKA ): ss: COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me on 2017, by James Realph, Mayor. NOTARY -State of Nebraska [;&GE:NE1,RAL RENDA R WHEELERComm. Exp. June 20, 2020 Buyer STATE OF NEBRASKA ): ss: COUNTY OF WASHINGTON Notary Public Buyer The foregoing instrument was ackiiowledged before me on 2017, by GENERAL NOTARY State of Nebraska 1 BRENDA R WHEELER My Comm. Exp. June 20, 2020 Notary Public AFFIDAVIT OF PRINTER State of Nebraska, County of Washington Chris Rhoades, Being by me first duly sworn, deposes and says that he is the Associate Publisher of THE ENTERPRISE, a legal weekly newspaper printed and published at Blair, in Washington County, Nebraska and of general circulation in said County and State: that said newspaper has a bona fide circulation of more than 3,500 copies weekly, in said County: and has been published in said County for more than 52 successive weeks prior to the first publication of the attached notice, that the attached notice was published in said newspaper for 1 consecutive week(s) being the issues of. December 23, 2016 Associate Publisher Signature Subscribed in my presence, and sworn to before me This 23`d day of December, 2016. o Notary Public 1 U 111!"'Al- No /'1f Y - of Ne! �? pry '10, 201 Printers Fee For Publishing This Notice $ 31.52 Preparation of Affidavit and Billing $ Notary Fees $ Copy $ 25% discount for minutes $ TOTAL $ 31.52 a r o'_"'I Wise CITY Of BtAIQ TO: Interested Parties FROM : Brenda Wheeler, City Clerk RE: Sale of Library Building DATE: December 21, 2016 Attached is information regarding the Library Building the City of Blair currently has for sale. This information is being sent to you because you either expressed previous interest in this property and/or to let you know this property is for sale. If you are interested in purchasing this property, please follow the guidelines as outlined in the notice. No commission is being offered by the seller. If you have any questions, feel free to contact Rod Storm, City Administrator at (402) 426-4191. LJ MUM - 218 P 218 South 16th Street • Blair, Nebraska 68008 • 402-426-4191 • Fax 402-426-4195 • E-mail cityofblair@cl.blair.ne,us o Sale of Library Building The City of Blair will be taking proposals for the sale of the current Library building located at 210 South 17th Street in Blair, Nebraska and more particularly described as Lots 9-15 Block 57, City of Blair, Washington County, Nebraska. The lot size is 16,800 square feet, with access off Lincoln Street and the alley off Seventeenth Street. The building is approximately 6237 square feet and is a one-story building on a concrete slab. It has a brick exterior with an asphalt shingle roof. The shingles were replaced in 2014. The interior currently includes two bathrooms, a meeting room, an office, a storage room, a utility room, and a large open area. The interior finish includes wood and celetex ceilings, carpet and brick floor coverings, and drywall interior walls. It was built in 1976. The lot has parking on the west and south sides of the building. The City currently plans on keeping the approximate 9,000 square foot parking lot on the east side of the building for public parking. The original construction plans are available for review at the Blair City offices located at 218 South 16th Street, in Blair, NE weekdays between 8:00a.m. and 4:30 p.m. The property can be inspected during normal Library hours by contacting Gayle Roberts, Library Director or during closed hours by contacting Rodney Storm, City Administrator, at 402-426-4191. The City will accept written proposals for the purchase of the property until 4:00p.m. on January 20th, 2017 at the office of the Blair City Clerk, 218 South 16th Street, Blair, Nebraska. All proposals should be submitted in an envelope clearly marked "Proposal for purchase of Library Property". Should no proposals be received by the January 20th, 2017 deadline, the City will accept proposals until an acceptable proposal is submitted. The City of Blair reserves the right to accept or reject any or all proposals and/or to negotiate with the individual/business that submits the proposal the Council feels is in the best interest of the City of Blair. Any ordinance passed by the City Council approving the sale of the property shall be subject to a thirty (30) day remonstrance period as required by law. Upon acceptance and signing of a purchase agreement for the sale, the successful purchaser will be required to provide a $25,000 down payment of cash or certified funds, which shall be fully credited towards the agreed sale price at closing. It is anticipated the building will be available for closing around May 1, 2017. Anyone with questions can contact Rodney Storm, City Administrator, at the City offices located at 218 South 16th Street, or by calling 402-426-4191. pa• Public Notice Proposed Sale of Library Building The City of Blair will be taking proposals for the sale of the current Library building located at 210 South 171h Street in Blair, Nebraska and more particularly described as Lots 9-15 Block 57, City of Blair, Washington County, Nebraska. The lot size is 16,800 square feet, with access off of Lincoln Street and the alley off of Seventeenth Street. The building is approximately 6237 square feet and is a one story building on a concrete slab. It has a brick exterior with an asphalt shingle roof. The shingles were replaced in 2014. The interior currently includes two bathrooms, a meeting room, an office, a storage room, a utility room, and a large open area. The interior finish includes wood and celetex ceilings, carpet and brick floor coverings, and drywall interior walls. It was built in 1976. The lot has parking on the west and south sides of the building. The City currently plans on keeping the approximate 9,000 square foot parking lot on the east side of the building for public parking. The original construction plans are available for review at the Blair City offices located at 218 South 16th Street, in Blair, NE weekdays between 8:00 a.m. and 4:30 p.m. The property can be inspected during normal Library hours by contacting Gayle Roberts, Library Director or during closed hours by contacting Rodney Storm, City Administrator, at 402-426-4191. The City will accept written proposals for the purchase of the property until 4:00 p.m. on January 20th, 2017 at the office of the Blair City Clerk, 218 South 16th Street, Blair, Nebraska. All proposals should be submitted in an envelope clearly marked "Proposal for purchase of Library Property". Should no proposals be received by the January 20th, 2017 deadline, the City will accept proposals until an acceptable proposal is submitted. The City of Blair reserves the right to accept or reject any or all proposals and/or to negotiate with the individual/business that submits the proposal the Council feels is in the best interest of the City of Blair. Any ordinance passed by the City Council approving the sale of the property shall be subject to a thirty (30) day remonstrance period as required by law. Upon acceptance and signing of a purchase agreement for the sale, the successful purchaser will be required to provide a $25,000 down payment of cash or certified funds, which shall be fully credited towards the agreed sale price at closing. It is anticipated the building will be available for closing around May 1, 2017. Anyone with questions can contact Rodney Storm, City Administrator, at the City offices located at 218 South 16th Street, or by calling 402-426-4191. Brenda Wheeler From: Sent: To: Cc: Subject: Brenda – Sale of the Library Rodney Storm Monday, December 19, 2016 10:38 AM Brenda Wheeler Phil Green (Blair, NE) old library Print notice as legal notice on December 23rd and January 6th Print as an ad on December 23rd, and 30th, January 6th, 13' and 171h . (If they can give you a good price put ad in 27th, 3rd, and 10th,) Mail Notice to All local realtors .hlsert e n n i Ca-rlso n;-awe-Busitiess-C nsuto nts Lisa-Scheve Ord amber Alex-B,e ner,A4&ionC-are-C4ri� One -alai -Place— Get sign made and post for sale on Property. Post on City Web Page Rod Storm City Administrator City of Blair Blair, NE 68008 rstorm@blairnebraska.org 402.426.6693 Direct Office 402.533.3535 Cell 402.426.4195 Fax 1 Proposal to Purchase Real Estate January 20, 2017 City of Blair 218S.16 th Street Blair, Nebraska 68008 RE: Blair Public Library — 210 S. 17th Street, Blair, Nebraska Dear Sir or Madam, This letter constitutes a proposal to purchase by VCC Properties, LLC for the real estate property located at 210 S. 17th Street, Blair, Nebraska, also known as the Blair Public library, from the City of Blair with the following terms: Purchase price: $325,000.00 or $5,000.00 more than the highest bid up to $400,000.00 Submitted by: Alex J. Benner, Co -President VCC Properties, LLC Office: 402-426-2119 Mobile: 605-651-3012 To: City of Blair From: Jane Haack, DBA Haack Enterprises, LLC Date: January 20, 2017 A proposal to purchase the property of 210 South 17th Street, Blair, Nebraska I write this letter to propose the purchase of the existing library. I intend to use this property for expanding The Tula House to consist of a larger Yoga studio, a coffee shop and suites for other businesses to lease space to provide a variety of different services to the community. If you would like to discuss this further please contact me at 402-709-8161. Offered purchase amount: $222,300.00 Thank you for consideration, J e Haack Haack Enterprises, LLC State of Nebraska, County of Washington Mark Rhoades, Being by me first duly sworn, deposes and says that he is the Publisher of THE ENTERPRISE, a legal weekly newspaper printed and published at Blair, in Washington County, Nebraska and of general circulation in said County and State: that said newspaper has a bona fide circulation of more than 3,500 copies weekly, in said County: and has been published in said County for more than 52 successive weeks prior to the first publication of the attached notice, that the attached notice was published in said newspaper for 3 consecutive week(s) being the issues of. February 24, 2017 March 3, 2017 March 10, 2017 Publisher Signature Subscribed in my presence, and sworn to before me This 101h day of March, 2017. Notary Public Ivy Co;su11Lxl>. >ep[. 10, 20? l Printers Fee For Publishing This Notice $ 42.71 Preparation of Affidavit and Billing $ 1.50 Notary Fees $ .50 Copy $ 1.00 25% discount for minutes $ TOTAL $ 45.71 CITY OF BLAIR, NEBRASKA Phone 402-426-4191 RECEIVED OF: vv ADDRESS CITY, STATE. ZIP CODE 1.1 Fri �p j I .-IH ti f1. tl1 j THANK YOU KEEP THIS COPY FORYOURRECORDS. RECEIVED BY Pounds Printing, 13W. NE 68006 ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Require- ments; all subject to the provisions of Schedules A and S and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by; Authorized Signat Stewa t title guaranty company BLAIR ABSTRACT & TITLE COMPANY Company BLAIR NEBRASKA 68008 City, State ANA GJJ y rix A��q rp.. tih.,�°hinu mimfill lr Matt Morris President and CEO _�Iii aL<� Denise C4rraux Secretary AMERICAN I-ATITLE Copyright 2006-20D9 American Land Title Association. All rights reserved. A5SOC ATION g ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. TM 004 -UN ALTA Commitment (6/17/06) Revised Privacy Notice (Modified June, 2005) Stewart Title Guaranty Company and Blair Abstract & Title Company Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company and Blair Abstract & Title Company We may collect nonpublic personal information about you from the following sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from [our affiliates or] others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform services on our behalf. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW, We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. File No. 17198 1. N. 3 Q PREMIE M: Owner's Policy $930.00 SCHEDULE A, Effective Date: March 23, 2017 at 8:00 A.M. Policy (or Policies) to be issued: a. 2006 ALTA Owner's Policy Proposed Insured: VCC Properties, LLC. b. 2006 ALTA Loan Policy Proposed Insured: Amount of Insurance $350,000.00 Amount of Insurance $ The estate or interest in the land described or referred to in this Commitment is: fee simple title Title to the real estate or interest in the land is at the Effective Bate vested in: The City of Blair, Nebraska, A/K/A The City of Blair, a Municipal Corporation, A/K/A The City of Blair, A/K/A The City of Blair, Washington County, Nebraska. 5. The land referred to in the Commitment is described as follows: Lots Nine, Ten, Eleven, Twelve, Thirteen, Fourteen and Fifteen (9, 10, 11, 12, 13, 14, and 15), all in Block 57, in the City of Blair, also known as the Original Townsite of Blair, Washington County, Nebraska. SCHEDULE B — Part I REQUIREMENTS Pile No. 17198 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the real estate or interest, mortgage or lien to be issued. Instruments in insurable form which must be executed, delivered and duly filed for record: 1. Need articles of organization/operating agreement for VCC Properties, LLC 2. Need execution of deed from The City of Blair, to VCC Properties, LLC, conveying the property described in Schedule A, Item. 5; said deed to be filed for record. 3. Need execution of attached affidavit by seller. Upon execution said affidavit to be returned to Blair Abstract & Title Company. SCHEDULE B — Part H EXCEPTIONS File No. 17198 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective bate but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties in possession, not shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished; imposed by law and not shown by the public records. 6. Community property, dower, courtesy, survivorship, or homestead rights, if any, of any spouse ofthe insured. 7. Any titles or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government or water rights, if any. 8. Reservation contained in Patent from the United States of America of State where the land described in Schedule A is located. 9. Restrictive covenants affecting the property described in Schedule A. 10. Taxes for the year 2015 and thereafter. 11. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be ].eases, grants, exceptions or reservations of interests that are not listed. 12. There is no liability for loss arising from recording issues caused by insured's doing their own recording. 13. TAXES: Parcel No. 890045066 Taxes are exempt. 14. CITY OF BLAIR ZONING REGULATIONS including but not limited to those recorded: October 13, 1972 in Deed Book 71, Page 467; January 8, 1982 in Record Book 134, Page 496 AND ANY AND ALL AMENDMENTS THERETO. BLAIR TITLE 1904 South Street, Suite 105 - BLAIR, NEBRASKA 68008 (402) 426-4844 Commitment No. 170198 Legal Description: Lots Nine, Ten, Eleven, Twelve, Thirteen, Fourteen and Fifteen (9, 10, 11, 12, 13, 14 and 15), all in Block 57, in the City of Blair, also known as the Original Townsite of Blair, Washington County, Nebraska. (hereinafter referred to as the Troperty"and/or the `Tremises") EXTENDED COVERAGE AFFIDAVIT AND LIEN GUARANTY STATE OFNEBRASKA ) ) :SS: COUNTY l With reference to the real estate described hereinabove, the undersigned, being first duly sworn on oath, depose, say and guarantee as follows: 1. That we are the only parties in possession of the premises and that no other parties are entitled to possession thereof. 2. That there are no joint driveways, walkways, party walls and/or rights of support used in common with the adjoining property except (if left blank will be considered as NONE): 3. That we have no knowledge of any boundary disputes with adjoining property owners or of any encroachments of improvements from our property onto adjoining property or from adjoining property onto our property except (if left blank will be considered as NONE): 4. There are no unpaid bills for materials or labor furnished for the construction and erection, repairs or improvements on said premises and further represent that there have been no public improvements affecting the property prior to date of closing that would give rise to a special property assessment against the property after the date of closing. 5. There is no visible evidence of existing easements on, over or across the property except (if left blank will be considered as NONE): 6. The undersigned agree to fully indemnify the purchasers, lenders, Stewart Title Guaranty Company, and Blair Abstract & Title Company, as each of their interests may appear, against any and all possible payments or expenses of legal action in regard to construction liens that may be filed against the above-described property after the date of closing provided such liens or expenses relate to obligations incurred by or prior to date of closing or items we have contracted to pay for pursuant to a construction contract or loan, if any, except items excepted in warranty deed. 7. There are no federal or state liens or judgments of any kind against said premises or the undersigned. S. The undersigned acknowledge that the purchasers and/or lenders in this transaction are relying on the representations contained herein in purchasing same or lending money thereon and would not purchase same or lend money unless said representations were made. 9. The undersigned acknowledge that Blair Abstract & Title Company will issue a policy of title insurance on the property, which said title insurance will contain extended coverage and it is doing so in reliance upon the truth of the statements made herein. DATED THIS DAY" OF SUBSCRIBED AND SWORN to before me this day of NOTARY PUBLIC