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2008-02-21 industrial park-terra nitrogen-1
Name and address of title insurance company: Stewart Title Guaranty Company P.O. Box 2029 Houston, Texas 77252 -2029 File Number: ST -6343 Name and address of issuing agent Blair Abstract & Title Company 1904 South Street, Suite 107 Blair, Nebraska 68008 (402) 426 -4844 Policy No. 0 -9401 - 173178 Address Reference: Amount of Insurance: $ 207,620.00 Premium: $569.00 Date of Policy: February 21, 2008 at 2:19 o'clock P.M. 1. Name of Insured: CITY OF BLAIR, NEBRASKA, a Municipal Corporation. 2. The estate or interest in the Land that is encumbered by the Insured Mortgage is: fee simple title 3. Title is vested in: CITY OF BLAIR, NEBRASKA, a Municipal Corporation (Book 522, Page 86 and Book 522, Pages 84 -85). 4. The Land referred to in this policy is described as follows: SEE EXHIBIT "A" attached hereto and by this reference made a part hereof. L 1 File No.: ST -6343 Policy No: 0 -9401- 173178 Exceptions from Coverage This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses that arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. 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. 5. Community property, dower, courtesy, survivorship, or homestead rights, if any, of any spouse of the insured. 6. 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. 7. Reservation contained in Patent from the United States of America of State where the land described in Schedule A is located. 8. Restrictive covenants affecting the property described in Schedule A. 9. Taxes for the year2008 and thereafter. 10. TAXES: Parcel No. 890041328 — Tax Lot 13 in 5 -18 -12 — 2007 taxes in the amount of $852.52 show a tax credit of $34.26. The balance of $818.26 and all' prior taxes shown paid. Parcel No. 890041349 — Tax Lot 4 in 6 -18 -12 — 2007 taxes in the amount of $16,013.56 show a tax credit of $643.48. The balance of $15,370.08 and all prior taxes shown paid. Parcel No. 890041433 — Tax Lot 68 in 7 -18 -12 — 2007 taxes in the amount of $1,386.42 show a tax credit of $55.72. The balance of $1,330.70 and all prior taxes shown paid. NOTE: Taxes quoted are for a larger parcel of land. Separate taxes for subject property will not be levied until a future date. 11. RESERVATION of Easement contained in Deed recorded February 21, 1967 in Deed Book 92, Pages 551 -554. Reserving an easement for roadway purposes over and across an easterly- westerly strip of land 33 feet in width, over and across a part of the southerly side of the NW 1 /4 NE 1 /47-18-12 that lies southerly of a concentric line drawn parallel with and distant 133 feet northerly from the center line of the main track of the railroad. CONTINUATION SHEET EXCEPTIONS ST -6343 0 -9401- 173178 12. EASEMENT recorded February 8, 1980 in Record Book 126, Pages 646 -648. Grants an easement to City of Blair for the placement, operation and maintenance of water mains and transmission pipes along the southerly line of the NW 1 /4 NE 1 /47-18-12. NOTE: Tax Lot 68 is in the NW 1 /4 NE 1 /4 7- 18 -12. 13. EASEMENT recorded September 14, 1970 in Misc. Book U, Pages 419 -421. Grants an easement to City of Blair, Nebraska, its successors and assigns, to construct, operate and maintain an underground electric line and appurtenances thereto 10' in width across Tax Lot 4 in 6 -18 -12 and Tax Lot 13 in 5- 18 -12. ASSIGNMENT AND CONVEYANCE recorded April 3, 1984 in Record Book 145, Pages 624 -626 assigning to Omaha Public Power District. 14. EASEMENT recorded August 27, 1982 in Record Book 137, Pages 164 -166. Grants an easement to Riverland Recreation Co., a Nebraska Corporation, its successors and assigns, to construct, operate and maintain a 6 inch P.V.C. waterline across Tax Lot 4 in 6- 18 -12. 15. PIPELINE EASEMENT recorded February 16, 1967 in Misc. Book R, Pages 694 -695. Grants an easement to Western Power & Gas Company, its successors and assigns, to construct, operate and maintain an underground gas pipe line and appurtenances thereto over, across and through land in 6 -18 -12 and 7- 18 -12. ASSIGNMENT AND CONVEYANCE recorded February 8, 1993 in Record Book 212, Pages 724 -741 assigning to Peoples Natural Gas Company, a division of UtiliCorp United Inc. M. EASEMENT — California Bend Section 1135 Environmental Restoration Project recorded July 5, 2002 in Record Book 368, Pages 437 -440. Grants an easement to Papio - Missouri River Natural Resources District, over and across land in 5- 18 -12. CONTINUATION SHEET EXCEPTIONS ST -6343 M -9401- 173178 17. ANY TITLES, easements or rights asserted by anyone (including, but not limited to, persons, the public, corporation, governments or other entities) to: a) Lands comprising the shores or beds of navigable or perennial rivers and /or streams; b) Lands beyond the line of the harbor, or bulkhead lines, as established or changed by any government; c) Filled in land and/or artificial lands; d) Lands which are, or were, submerged land; e) Lands which are subject to a statutory easement for commerce, navigation and/or fishery; f) Lands which are waterward of the most extreme high waterline of the Missouri River; g) Accreted land; h) Lands brought within the boundaries of the land described on Schedule A, Item 5, by an avulsive movement of the Missouri River or which have been formed by accretion to such portion of avulsive movement; i) Lands which have decreased by erosion or avulsive movement; j) Water and /or statutory water rights; k) Riparian rights matters; 1) Lands comprising wetlands under (i) federal laws and/or regulations; or (ii) states laws and/or regulations. 18. CITY OF BLAIR ZONING REGULATIONS recorded in Deed Book 71, Page 467 and recorded in Record Book 134, Page 496 and all amendments thereto. If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1- 800 - 729 -1902. If you make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our World -Wide Web site at http: / /www.stewart.com ALTA Owner's Policy (6- 17 -06) OWNER'S POLICY ®FTITLE INSURANCE ISSUED BY SUBJECTTOTHE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, ANDTHE CONDITIONS, STEWARTTITLE GUARANTY COMPANY, aTexas corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on theTitle, This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by: (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment' ' includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. o title guaranty company Part 1Vof -9401-17 317 8 Pedal No. ALTA Owner's Policy (6/17/06) v i U ! • iplUHi / /I�irj , , Chai an the Board �'i'4S1�t *Lys President Countersigned: f � o e Z 1908 0 - t��,,, GLAIR ABSTRACT & TITLE COMPANY Authorized Countersignature ' 1' ,,,����' � 11; X As P-0. Box 428 BLAIR ABSTRACT & TITLE COMPA BLAIR, NE 68008 Company (403) 426 °4844 BLAIR, NEBRASKA 68008 VAX (40 ) 49094011 City, State Part 1Vof -9401-17 317 8 Pedal No. ALTA Owner's Policy (6/17/06) T O 3 r v C) cn X O —1 a r o_ a 0 w w CD 0 w w w 0 m 0 0 r D O O m r 0 V Cl Y/ a V a v C2 m z C2 C w cv rn L co a 2 r i W O C a IL a cc C5 C 0 IL m 6 J V5 m w a� a� w 0 O Q J Q O O W C O E co ca 0 a 0 0 J Q C) F— c0 X C D U Cl- J O ci W a r W O O a IL a o� ca O O CL MAO 0 w.. 0 m m U) w 0 0 J Q O O W U C d C, O E m co .n ro O 76 C , 3 0 c_ 0 J Q CD 0 I CD x V U 2 J O LL >Rod >Hello, I just got this from Todd so I thought I would forward on to you >want Terra is proposing. >Parcel A >11.41 +/- acres @ $14,000 = $159,740 >Barcel B >1.38 Acres @ $14,000 = $19,320 >Parcel C >3.51 acres @ $14,000 = $49,000 > Terra will donate the remaining 3.94 acres to the city of Blair >Total $228,060 >One the second page they crossed out #2 all together- they have >approved the offer form that I have and that is what they want to use. >Please let me know as soon as you can what you want to do and I will >get >with Terra. >Thank you, >Susan >Attitude is everything... Pick a good one >Susan Grau >Century 21 Davenport and Associates >1114 4th Street >Sioux City, Iowa 51101 >712- 277 -2002- Office >712- 253 -0725- Cell >susangrau @msn.com >Licensed in Iowa, South Dakota and Nebraska 2 08-001 `f arra Chemical S1/4 Corner 6-18-12 N 1/4 Come w 7 -18 -12 II�U v I M O O 0 20.00' Z N (C &D)°_`j �- ( I I ° o. I I ❑ 1/2" Reber Found 1" Open -top Pipe Found CE 3" Pinched -top Pipe Found (M) Measured Distance (C) Computed Distance 1311.80' 89 °56'30 "E I N M Found Iron 0.95' E of Line 1331.97'(C) S 89 0 58'02" W Found Iron 0.91' W of Line I� I� �i I" I SW Corner SE1 /4 SE1 /4 SE Comer ( ® 6 18 ®12 133 2.38'6 -18 -12 N 90 °00'00" W(Assumed Bearing) NE Comer I NW Corner NE1 /4 NE1 /4 I 7 -18 -12 7 -18 -12 —Conc. Asphalt — 'I I r 1 � I I I I I I I I I // hut [.� -1:,'< l . � 4 � _ i - i;� .. ak. 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(D 0 w i0 w cn c c� cn co 0 c i J :_ io � c 00 o A Z o cO Osk. oR Z 0° 1 1 *m �mu'40� cmr�mz�Z ®� � vm �� `r°3' M M .M O ° s0 � M y 1 1 1 a°O °m -- a U m am °° XRq _ n l -1 n ° ° ° =• °'�� � rn =7=L as =aMO o Pj (D N (D Z3 Z�cncn `° wc� °' c? o o 4'(0 0 —( (o am N 0 -^ c n 9 = o C NN O (n n ° m I �+ N (n = w n N0® W Ln p o ao m0 m o ,,g m om$ �� 1 Ing 3 ® m n6AO a � M'xfD � ` ® - �a�(n a T 3 -- - - - --1 0 8 M 4,n 9 _ D � n� 0N 88 . = N N 1.24'(C) =�' ��6 :�� '®< W� ° �cg to � w ���N �� Nor :4� �'j ® ® M f 0 m z�^'9► 9a� rn OD � 0 M 5 3 0 Da 0(D M 1325.03' N 00 0 25'10" E �W O (D w ( rLL Hi � rn n N 171.80' ° o_ C9 X 505.74'(C) N 00 19'56" E 1328.25' o w CD 0 CD ' D o I � v0 506.12' < m -- S 00 1' I I I Z 1 o w CD 0 CD ' ®� G5 C D I � n 1 m -- 33'— I I W Of r n V� I �rn m v I 1ov — — — o� !u <' M c ® I O _ I � I M – - - - - -- ,, � co 07 m M r 3' cn 0) rn m a 718.60' 1 1 S 00 ' ' �- 5 546.80' 546.00'(R) I I I CO r ° ° e. 91 � � C C � o® r 3' cn 0) rn m a Agent Copy - Retain-in Records aE; . - (Printed Name of Licensee) (Name {Nebraska statutes require that all licensees, whether brokers or salespersons, inform any and all prospective clients or customers about agency relationships in real estate transactions. The licensee has informed me /us that the licensee will be acting as a: Limited Buyer's Agent Limited Seller's Agent (a written agreement is necessary) Limited Dual Agent (a written consent is . necessary) Common Law Agent of the (specify seller or buyer, and a written agreement is necessary) AND 2. The licensee has informed me /us that the licensee will be providing brokerage services to me /us as a: Client, representing me /us Customer, not representing me /us THIS IS NOT A CONTRACT By signing below, I acknowledge that 1 have received the information contained in the pamphlet "Brokerage Relationships in Real Estate Transactions" and that it was given to me at the earliest practicable opportunity during or following the first substantial contact with me and, further, if applicable, as a customer, the licensee indicated on this form has provided me with a list of tasks the licensee may perform for me. (Client or Customer Signature) . (Date) (Print Client or Customer Name) %( nt DateCustomer Signa u (Date) General Information Nebraska licensed real estate brokers and their associate brokers and salespersons are required by law to disclose the type of brokerage relationship they have with the buyers, tenants, sellers, or landlords to whom they are providing services in a real estate transaction. The buyers, tenants, sellers, or landlords, may be either clients or customers of a licensee. A client of a licensee is a person or entity who has a brokerage relationship with that licensee. A customer of a licensee involved in a real estate transaction is, a person or entity who does not have a brokerage relationship with that licensee, and who is not represented by any other licensee. . There are several types of brokerage relationships that are possible, and you, whether a client or .a customer, should understand them at the time a licensee begins to provide brokerage services to you in a real estate transaction..They are: 1) Buyer Limited Agency; 2) Tenant Limited Agency; 3) Seller Limited Agency; 4) Landlord Limited Agency; 5) Dual Limited Agency; and 6) Common Law Agency. The licensee who is offering brokerage services to you, or who is providing brokerage services for a particular property, must make certain disclosures regarding his/her brokerage relationship in the transaction. These disclosures _must be made at the earliest practicable opportunity during or following the first substantial contact with a buyer, tenant, seller, or landlord who does not have a written agreement for brokerage services with another licensee. All real estate licensees providing brokerage services are buyer's or tenant's limited agents (NO WRITTEN AGREEMENT IS NECESSARY) unless: 1. the licensee has entered into a written agreement with a seller (a listing agreement) or a landlord (a management or leasing agreement) to represent the seller or landlord as their limited agent; 2. the licensee is providing, brokerage services as a subagent of another broker who has an agency relationship with a client; 3. the licensee is providing brokerage services under a written consent to dual agency - ,,or 4. the licensee is operating under a written common law agency agreement with a client. At the end of each of the four sections in this brochure, brokers were given space to include information specifying those brokerage relationships their firms offer, and identifying the services they can provide within each relationship. Broker supplements to this brochure are distinguished by print type, and are in addition to the language prepared and .. - a,...: e.+�+a rnmmics:nn_ A buyers limited agent is an agent who represents a buyer. A real estate licensee is a buyers limited agent unless one of the written agreements or consents described in this brochure is in place. A . . buyer's agency may also be created by written agreement between you and a real estate broker. A buyers limited agent, in addition to performing under the terms of any written agreement made with the buyer, exercises reasonable skill and care for the , buyer and promotes the interests of the buyer with the utmost good faith, loyalty, and fidelity. A buyer's limited agent seeks a price and terms which are acceptable to the buyer, presents all written offers to' and from the buyer in a timely manner; discloses, in writing, to the buyer all adverse material-facts actually known by the limited agent; and advises the buyer to obtain expert advice on known matters beyond the limited agent's expertise. A buyer's limited agent must account for all money and property received, and must comply with all applicable federal, state, and local statutes, rules, and ordinances. . A buyers limited agent shall not disclose any confidential information about the buyer unless required by statute or rule, or if failure to disclose would constitute fraudulent misrepresentation. A buyer's limited agent may retain.and compensate other brokers as subagents only with the written agreement of the buyer. (Subagents have the same duties and obligations as the buyer's limited agents.) A buyer's limited agent may show the same property to competing buyers, and assist competing buyers in attempting to purchase said property, without breaching any duty or obligation to their client. A buyer's limited agent owes, no duty or obligation to a customer (seller) except to disclose, in writing, all adverse material facts actually known by the licensee. Adverse material facts may include adverse material facts concerning the buyer's financial ability to perform the terms of the transaction. A buyer's limited agent must also act honestly and fairly in their dealings with a seller. A buyer's limited agent . owes no duty to conduct an independent investigation of the buyers financial condition for the benefit of.the seller, or to independently verify the accuracy or completeness of statements made by the buyer or any independent inspector. . A buyer's limited agent must, if the seller is not represented by another licensee, provide a list of . tasks that the buyer's limited agent may perform for the seller (customer). . Seller Agency A seller's limited agent is an agent who has entered into a written agreement to represent a seller. A seller's limited agent performs under the terms of the written agreement; exercises reasonable skill and care for the seller; and promotes the interests of the seller with the utmost good faith, loyalty, and fidelity. A seller's limited agent seeks a price and terms which are acceptable to the seller; presents all written offers to and from the seller in a timely manner, discloses, in writing, to the seller all'adverse material facts actually known by the limited agent; and advises the seller to obtain any necessary expert advice on known matters beyond the limited agent's expertise. A seller's limited agent must account for all money and property received, and must comply with all applicable federal, state, and local statutes, rules, and ordinances. A seller's limited agent shall not disclose any confidential information about the seller unless required to do so by statute or rule, or if failure to disclose would constitute fraudulent misrepresentation. A seller's limited agent may retain and compensate other brokers as subagents only with the written agreement of the seller. (Subagents have the same duties and obligations as the seller's limited agent.) § b ! ..,_ I-Ianner Salva- -� :...., :0.50 50 AC Track C City of Blair q . f7.44 AC _ Track A City of Blair �` ': 2 ±11 .41 AC y r , A / �4. f f r� � -. ,. v'S °�tE' ..�: �1rC` = c{ } ; . r v ;, � 4 �� - u„ — �•'.ir l �4 �e� r��. x �.. � �' � „�� 'ta0.�s�,y.F' .r' w � tsr � � � . _ x a� w'�' � � - �, . � ti � '±r+} -� �c ✓hh r � a _ �,n�ir � .,ic ..la� ' ,yC' + — O- (M) 08-001 Terra Chemical (C) S1/4 Comer 6-18-12 N1h 7- 12" Rebar Found 1" Open -top Pipe Found 3" Pinched -top Pipe Found Measured Distance Computed Distance Found Iron Found Iron 0.95' of Line 0.91' W of Line � 1331.97'(C) \ S 89 1 60 ;;,- I M u; ti N N SW Corner SE1 /4 SE1 /4 SE Comer —6 -18_12 - -- ___ _----- 6 -18 -12 N 90 °00'00" W(Assumed Bearing) NE Comer NW Corner NE1 /4 NE1 /4 7 -18 -12 7 -18 -12 -- -Conc. Asphalt — cn Q 0 0 N o0 a>oo— co N cCO -P E w (0 J o c ca a� -i�� o�� '2 Lu - ) w L Z �(N C w^ oU Co sly m un cv) o�lco 00 z I w ®® m o� o �o o� 00 n a> cn Z C cu • J (0® m < ®U t U z ca ^ V e U / A<> I O a 1Sb�3 —O c 0 t N /� r U) I O OD O N (D cv ^ 3 „Zb,S£o00 N E v l E ° o x .66'999Z o ® 06 ® U l U N �? m � t Suiw�J a V- V-t` :a c Lei o_ r c® U) l Z a a> U- 8 4- r 'i 4- O V m C� 0 WN X=� � W U) N oa cu J in (1) o o Ecn E•v_w U�� 0��� ca W ®� a� c E�� o U) 0 C va` mU o c) a> �� U) - CO Or O cn� a)w y �N(D m - Con E m C 0 t° �- a) N w Cf) m 0 O W ® O co r- 0 O O C O O b) CO) W N O r �:J CAM �m -� Co e� .c U) O 00� O CLO�Z ® a)LN® _ O C o C O M O U O 0 « U) 7 o °� O 'c wZW c o O LL1 0 0 �U) CD ® Q> O q1 t CO 00 ro o �oLO mr�° ®�� c O�a O Or ®°'®W Ob ® lU o ® N OD o N Cj) LUG u) D)04ZQ� No C C O a `� C M C' (D ® 'a O cu C 0 cUT ; I -OV �m U cu C O O V CO J O C O U m- O A cU U) U)i w r V F ai ®L d Q a) a O cn w C C 4 U O cu - 0 4) O V a 7 (fls�m C� C >,0 ti C a .2 n� J ®r 9 E wU)0 `-� In OD MODOOV - � C) tam O a)z� 0=0 cU c O I.l w en . :G 'C c v co 0 O w fU m- 0 C w ® a U) O to O® w c M w O 0 0 N o0 a>oo— co N cCO -P E w (0 J o c ca a� -i�� o�� '2 Lu - ) w L Z �(N C w^ oU Co sly m un cv) o�lco 00 z I w ®® m o� o �o o� 00 n a> cn Z C cu • J (0® m < ®U t U z ca ^ V e U / A<> I O a 1Sb�3 —O c 0 t N /� r U) I O OD O N (D cv ^ 3 „Zb,S£o00 N E v l E ° o x .66'999Z o ® 06 ® U l U N �? m � t Suiw�J a V- V-t` :a c Lei o_ r c® U) l Z a a> U- 8 m in^ il 6D rN l� U�� a ® OVO- m o®> N 00 o c) a> N W ® m m C 0 C 7 co r- C U ip e� .c o LL ° eo® o 0 m LL '®` m 0 - 2 c l _ � ® o o N a`> c a 6 LL I U 11 O U a 0 C 7 m a Q M W U w z5 ti a a .2 n� J Z o r ` 0 LLI r .N C - � `6 a C a c x E J � C 0 E h2 U cn Q 0 m in^ il 6D rN l� U�� Seri ® OVO- m o®> N 00 o c) a> N W ® � m C 0 0 , Li co r- w oe e� .c O U r� eo® co loo CO '®` m 0 - 2 CD ` l it L Ou E a E 6 I U E cn t0 O ` ° a Z ° N C C c � W .c O U O co 0 tU ch CD ` a s �!A E a E 6 Q U Rodney Storm From: Susan Grau [susangrau @msn.com] Sent: Monday, December 10, 2007 2:29 PM To: Rodney Storm Subject: RE: Terra Rod Todd said to tell you to go ahead and propose this at your council tomorrow night. The final approval has to come from Terra Seniors but he doesn't see any problems. Let me know if it is approved and I will get everything ready for you. Thanks, SUsan Attitude is everything... Pick a good one Susan Grau Century 21 Davenport and Associates 1114 4th Street Sioux City, Iowa 51101 712 - 277 -2002- Office 712- 253 -0725- Cell susangrau @msn.com Licensed in Iowa, South Dakota and Nebraska 9� 5 �_o 7 >From: "Rodney Storm" <rodneys @ci.blair.ne.us> >To: "Susan Grau" < susangrau @msn.com> > Subject: RE: Terra >Date: Mon, 10 Dec 2007 11 :45:59 -0600 > Susan- Thanks for the counter offer. We would propose the following, and >have it on the Council agenda for tomorrow night, subject to coming to >an agreement. >Parcel A - Accept >Parcel B - Accept >Parcel C- The tract has 7.44 acres and according to the NRD easement >5 +/- acres is encumbered by their easement. We would propose paying >$28,000 for 2 acres and them donating the balance of the tract. >In addition with us paying the full appraised value, seller pay all >survey costs, thus eliminating 1 and 2 of page 2. On 3 of page 2, if we >are using your purchase agreement, closing would be however you deemed >appropriate. >Again thank you for your assistance and I will be looking forward to >your response. >Rod Storm >City Administrator >City of Blair >402- 426 -4191 >----- Original Message ----- >From: Susan Grau [mailto:susangrau @ msn.com] >Sent: Saturday, December 08, 2007 11:56 AM >To: Rodney Storm >Subject: Terra 6��� 5` � 00 flu 1 a. I -T-TW O L7- A MML M 45_ CA , 12� A seller's limited agent may show and list alternative or competing properties without breaching any duty or obligation to the seller. A sellers limited agent owes no duty or obligation to a customer (buyer) except to disclose, in writing, all adverse material facts actually known by the seller's limited agent. An adverse material fact may include: 1. environmental hazards affecting the property required by law to be disclosed; 2. physical condition of the property; 3. material defects in the property; 4. material defects in the title to the property; and 5.. material limitations on the seller's ability to perform under a contract. A seller's limited agent must also act honestly and fairly in his or her dealings with a buyer. A seller's limited agent owes no duty to conduct an independent inspection of the property for the benefit of the buyer, or to independently verify the accuracy or completeness of any statement made by the seller or an independent inspector. A seller's limited agent must, if the buyer is not represented by another licensee, provide a list of tasks that the seller's limited agent may perform for the buyer (customer). A limited dual agency is an agent who, with the written, informed consent of all parties to a contemplated real estate transaction, represents both the seller and the buyer. Both parties are clients of the licensee. A limited dual agent has the same duties and obligations of a limited agent to a seller and the same duties and responsibilities of a limited agent to a buyer except as set out below. A limited dual agent may disclose any information to one client that is gained from the other, if the information is relevant to the.transactiorn or the client, except that a limited dual agent cannot disclose the following without the informed written consent of the client to whom the information pertains: 1. the buyer. is willing to pay more than the purchase price offered 2. the seller is willing to accept less than the asking price; 3. the motivating factors for any client; or 4. a client will agree to financing terms other than those offered. The limited dual agent cannot disclose to one client any confidential information about the other unless required by statute. or rule, or if failure to disclose would constitute fraudulent misrepresentation. �- The duties and obligations of an agent under a common law agency agreement exceed the duties and obligations of a limited agent as described in this. pamphlet and in Nebraska Statutes, Neb. Rev. Stat. § 76 -2401 through 76 -2430. For example, a licensee who is authorized by the principal to bind the principal to terms or conditions in a real estate transaction would be a common law agent. A buyer or seller and the real estate broker must enter into this type of agency through a written agreement which specifies " the agent's duties .and responsibilities, including the duty of confidentiality and the terms of compensation. An agreement such as this will be subject to the common law requirements of agency applicable to real estate licensees. `It is your right to know if the licensee involved is representing your interest in the transaction. The information contained in this disclosure is required by Nebraska law. Authorized for use July 20, 2002 RPnr rirArl _ Innr fork. l ')nM J ,A4✓HUN 1.C. C'LJUAVTR.q STATE tau- DR!"b.nl BOOS. RRUMERODMS ,17 STAMP TAX $ -- By -, � w � 2008 FEB 21 P : 18 CORPORATE WARRANT' DEED 4- (� THE Grantor, Terra Nitrogen, Limited Partnership, a Delaware Limited Partnership i�ih ! , tT r a1t t consideration of One Dollar and other valuable consideration, receipt of which is hereby E�a' N acknowledged, conveys to City of Blair, Nebraska, a Municipal Corporation, Grantee, the following described real estate (as defined in Neb. Rev. Stat. 76 -201) in Washington County, Nebraska: Tax Lot 13 in Section 5, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska THE Grantor covenants with Grantee that Grantor: (1) is lawfully seized of such real estate and that it is free from encumbrances subject to easements, reservations, covenants and restrictions of record and subject to all regular taxes and special assessments. (2) has legal power and lawful authority to convey the same; (3) warrants and will defend the title to the real estate against the lawful claims of all persons. Executed this > day of ,2A. Terra Nitrogen, Li JPartnp hip, a —a -1 _f; p By Jo W. Huey, Vice President, -- Ge ral Counsel and Corporate \ S�retar oRma� -GP4 a Delaware Corporation, as Ge Partner STATE OF Iowa COUNTY OF TI foregoing instrument was aclanowledged before me this p ): day of by John W. Huey, Vice President, General Counsel and Corporate Secretary of erra Nitrogen GP Inc., a Delaware Corporation, as General Partner of Terra Nitrogen, Limited Partnership, a Delaware Limited Partnership. Notal Public, State and Cou ty aforesaid No ry Signatt e d Notary rin d Signature ,P s� KELL`t/ J. & SS v 11 ° COMMISSION ti 'f04607 04607 f Y CU / itltl�llS'�SdC1lV f;f �i r S IOWA / � I , Form sofivare by: Automated Real Estate Services, Inc. - 300.330.1295 File: 08005 THIS IS A LEGALLY BINDING AGREEIMIENT, IF NOT UNDlEERST OOD, SEEK LEGAL ADVICE commERCIAL PURCHASE AGREEMENT CENTURY 21 DAV & ASSOCIATES, REALTORS®R, 11 14 Four b t _SLtreqt 5io jtj !&,ivo Q�y. -, Trio undersigned, as Buyer, a0rees, to purchase the following property on the foiloivjnq terms: 1 AiDdr-ss: Industrial Park Land Terra, Nitro ell Cori), Biala ICE and Grartt=1-20,23(a2; 9 proxiarrigA acres final L 'e _0L,1 I Lde ss c n d s qLy e Legal Description TL 247 12-18-11 City of Blair {final l0a Aescripil to be determined by land survey) Blair County, NE ( Property) including all fixtures and equipment permanently attached to, Property owned oy Sellor provided Seller has a marketable title in fee simple. The Only personal property included as follows:, n/a Stiller shall promptly provide an abstract of title continued to and inoluding the dale of acceptance of this Agreement or if' custornary or required by Buyer's lender, furnish title If title insurance is furnished, the cost of title insura-1,ce issued for this sale shall be paid as follows. Seller 112: Buyer 1!2 _. Buyer agrees that should a valid title. cldfncz exist, Seller has a reasonable tinrie to correct said defect, not to exceed 30 days from the date of the title cornmiff If the title defects are not cured within such time period, Buyer I 'nay declare this, agreement null and void, ; ihe earnest money shall be refunded. Seller agrees to convey to Buyer by warranty deed Ifpeo and clear of all liens and jncuffibrances except fLq_ex.e 6gilis and subject to all easernents and restrictions or covenants now 6f record, Special assessments for itc-[TiS such cis paving, curbing, sidewalk or utilities previously constructed, now under constructillf or ordered to tae constructed by public authority, levied, assessed or not yet assessed as of the date of this agreernent shall be paid by Seller assumed by Buyer, 'The documentary stamp tax shall he paid by Seller. 1. �ersonal Property. [NL[Aj if chocked, the purchase price includes all furniture and furnishings and any other personal property owned by Seller and used in the operation of the property per attached signed inventory, ieceipt o which is hereby ac:'.nowledged. The inventory is hereby made @n integral part of This agreement upon it$ eXeCLI'llion by both parties. Said personal property is to be transferred by Bill of Sale in favor Gf Buyer at closing, 2. F'rice. Buyer agrees to pay See addendum attached hereto and fully Incorporated herein by reference , or) the f ollowing ternns: an earliest money deposit of $ 2500.00 To be sent over night, when offer is acce The earliest money will be transferred to the listing broker on acceptance, if the selling broker is other than the listing broker. All nnonic shall be deposited in a trust account, to be heid until the time of closing or until transferred to an escrow agent by a,ireernen of Buyer and Seller: balance to be paid as shown in the following Palragrapli(s) #1 All Cash: Balance of $204,560,00 shall be paid in cash, or by certified or cashier's check at tfrne of dpilvery of dood, no financing beln required. #2 Other Provisions-, See addendum attached hereto and ing W1 _L_y. 'ed herein by refereince. #3 Addendurn: The attached addendum shall be rnade a part of the Purchase Ag Sep, Addend,rrY a a Ua;ched 'Real Estate Tax-es/Prorations: Seiler sinail pay all - taxes to and including. - clatid of closing. Taxes For The calendar 2007, together with Interest, rents, prepaid services, and other expenses of the pr� if any, shall be proreted to the QJrte of possess ion/closing. Taxes shall be prorated on the basis of the coUrity assessors valulatiori at the date ofctosing and toe most recently certified mill levy. 4. Compliance with Law, Seiler shall comply with any federal, state or 'local law applicable to th e, sale or transfer of the propt�i ty. including but not limited to installing sinoke detectors or providing inspections, Maint n 5, 1 Le. ance/Repairs/Replacerrients, Cost to Seller: Seller agrees to maintain the property In its condition on the date hereof Until initial delivery of possession which inaintenance shall incli.idp, but riot be limited to, the Duilding, the heating, air conditioning, vratertieater.. sewer, pfurnb ng, o;loclrical system, any appliances area the lawn, 6. Liability Limit: Except for the costs required by the preceding three paragraphs, Seller's total liability for any costs for ri repairs or replacements required by terms of this ngreErrflent or by Buyer's lender, shall not exceed $1000.00 Should maintenance, repairs or roplecernerit exceed the state(] amount Seller may elect to. pay the, cost (n -excess of such arriount. If Sellor does riot, Buyer may elect to take the Property without the repair or maintenance, and such arnount (tlie full limit) shall be a credit to the purchase Price, Otherwise, either party may rescind this agreement. 7, Inspections: Unless otherwise provided specifically in this agreement, Buyer, or any designee, a' Buyer's expense (gar as otherwise agreed), shall have the right To any inspections desired of the real estate and personal property to sold herOUnder on or before 1-10-0$ which is the inspection docidlirie. Buyer shall have 5 — calendar days after the inspection deadline to give notice to the. Seiler of any unsatisfactory conditions of the property (the "resCission deaOine"), if the Buyer fails to notify t Seller of an unsatisfactory condition Buyer agrees to accept the property in its condition on the inspection deadline. If SUM a notice is received by the Seller, as set forth above, this agreement shelf terminate oil. 1-18 - i 8 thr� settlement deadline, unless Seller end Buyer have agreed to a settlement in wrilling or Buyer has waived such condition in writing, S. Access to Property, Sel"!tta- shall provide reasonable access to Buyer, his inspectors or agents to tirneiy 'Wifill this ag*eernent and to representatives of Buyer's Lender to accommodate financing. 9. Condition of Property_ Seller repr esents (1 ) that to the best of Seller's knowledge, there are no defects in the property that are not readily ascertainable and which significiantly affect the desirability or Value- Of the property, or which the Seller has not disclosed to Buyer ill wriling daled (upon acceptance by both parties of this agreement), and (2) that Seller has 1'10 no ice of violations of any local, state or federal iatv,, rules end regulations relating to file property. [lvC1r1G kna h ;n - ^ If checked, a disclosure is mtachcd, 10. Risk of Loss: Risk of loss or darnage to Property, prior to closing. date, shall be the responsibility of Seller, lf, prior to closing, the Property is materially darnaged by fire, explosion or any ether cause, Buyer shall have the right to rescind this ac_= serpent. ,1. Possession anti Closing:, Closing of sale shall be on or before _J anuary 20, 2 QLB Possession of Property shrill be given at ti me of �cios► „�na but _not before closing. This agreement shall in no manner be construed to convey Property o, M rive any right of possession. Buyer shall have the right to nixako a final inspection. of Property prior to closing to ascertain that all conditions of this acgreentent have been met. "l'inte is of the essence in this agreernent. 12, Escroyv Closing: Buyer arsd Seller agree that the closing of the sale may be handled by ail escrow agent. If s o ; the listing broker is authorized to transfer to the escrow agent thy earnest anoney, other trust funds received lay the listing broker and zil documents and other items received by the listing broker in connection with the, sale. After the transfer, the listing. broker .shall have no f urther responsibility or liability to Buyer or Seller to account for fonds or preparefion of docurnen,ts in co-neetior; with the closing of the sale. Escrow agent will not be required to disburse funds or deliver or record any dor.urnents lentil it has received Certified funds or -other good, sufficient and collected funds, and all conditions, leans and provis ons of this agreement have been satisfied, performed and rule Closing charges shall be paid as follows: ' °z�__ bY tuy ii by seller 13. Rescission, Termination or Defauit, If Buyer fails to cort:surn) - riate. this purchase according to the terms of this agreement, Seller may, at Seller's option, retE in the earnest money as lrgFaidated damages for such failure, nr utiilze such other !-,gal remedies as are available to Seller by reason of such failure. If Seller fails to fulfill this agreement,_ tile_ B uyer shall have the right to have all payments returned and /or to proceed byeny action at law or in equity and the Seller agrees to ',ay costs and reasonable attorney fees, and a receiver relay tae appointed. If this agreement is rescinded or tenrlinated by eiih'er party without fault as allowed hereby, each party shall bear his �or he costs and the earnest rnortey shall be ref.,rlided 14. Rights of persons in Possession: [ N & If checked, this Property is sold subject to the rights of ?borscns in hcsse sign, Rents sh ll be prorated to date of arc sine: Security deposits; advance recitals or considerations involving future lease credits shall be credited to Buyer. Buyer acknowledges that trade f ixtures located n the premises may belong to tenants rand may be removed upon thecorlciusion of the tenancy. (_ NA If checked, purchase is subject to Buyer's inspection and approval of the leases which shall be treated as an inspection above, Prorrlf)tly =fie; exeWtion hereof, Seller shall provide Buyer with copies of ail leases and rental agreements, notices to or fronn .enacts, claims made to or by tenants, a statement of rents owing land damage or security deposits held and a surnrnary of all oral agrcernents will, tenants which affect the operation or ownership of the pre l;i8es. Seller shall wzIrrant.the foregotllg disclosures as true and correct, Seller agrees that no changes in the existing ?eases or rental agreements sha11 be made not new leases or COn agreements entorod into nor shall any substantial repairs or alterations be commenced without the express wrillen c,, of the Buyer, Bu yers obligtafions hereunder are conditioned upon receipt at closing of an: estoppel certificate front tch tenant acknowledging that file lease or rental aegreernent is in effect, that no lessor default exists. and stating th;e annioum of any prepaid rent or deposits. 15. Income/Expense: ( nta _j If checked, the purchase is subject to Buyer's inspection and approval of the operating statement of the pr omises. Promptly after execution hereof Seller shall provide a statement of rental income and expenses for the premises which Seiler shall warrant as true and correct. Such inspection shall be treated as an inspection above. 16. Service Contracts: Seller agrees to provide to Buyer a copy of any service aridlor equipment contracts with respect to the property which extend beyond closing, Buyer agrees to assume such contracts. 17. Environmental: The purchase is contingent upon the satisfactory environmental quality of the Property, On or before t he inspection deadline, Buyer may request a Phase I environnlental review at its expense which shall be promptly ordered. It rrle results raise a question of environmental quality, Buyer rimy request further study and deiay closing as necessary, accept the property as is or rescind the agreement. If further study is requested, Buyer shall have ten clays after receipt of the study results to accept the property as is or rescind this agreenlerit. Copies of all requests for environnientM l irivesOg4ation and the results thereof shall be provided to both Buyer and Seller. If the envirotlmetltal. investigation is not cOralpieted by inspection doadfine either party may rescind this agreement, i8. Survey: Seller will, prior to closing, have the property surveyed at their expanse. If tree survey, certified by a Re•r rstered land Surveyor, shows any encroachment on said property or if any '.mprovernents located on the subject pr encroach on lands of others, such encroachments shall be treated as a title defect. 19. ;acceptance Date: This offer is null and void if not accepted by Seller on or before January 3. 200 at 12 noon. 20. Counterparts: This agreement may be executed in one or more counterparts, each of which is deemed to be an original hereof, and all of which shall together constitute one and the same instrurnent. 21. Fax Transmission: The facsimile transmission of a signed copy hereof or any counter offer to the other party or hs/her agent followed by faxed acknowledgment of receipt, shall consti delivery Of said signed dacurttent. The parties agree to confirms such delivery by mailing or personalty delivering a signed copy to the other party or his/her argent. oil 22. Entire Agreement: This docurner.t contains e entire agrees - nont of the parties end supercedes all prior agreements or representation oral or written with respect to the Property which are not expressly seat forth herein or incorporated herein by reference, ,are, T his agi een'lent array be modified i,;nly by a wr iting signed and dated by both parties. All express red •_sental.ontis -and Warranties shall survive closing. Soth parties rackno vl -dge�l that they have not relied on, any statements of the real estate agent or broker which are not herein expressed except . NONE , r Uri .d Representative of he City of aIais, ebrasra P i led Narne: ADDRESS; - - 71 SoUth 16 Sterfit.Blair.Nc__ ^ ZIP r fiO w PHONE — -, S t_!:,(NGAGENT RECEIPT FOR EARNEST IVIONEY NA,t.ES FOR RE" IVEC3 ERQ[1fi. (b,'_ ) to apply to 'he P';'f :hase 'Nice of Property on terms and conditions a Stated itIthe event thin offer is accepted. REAI 'rou;w. E3 V: ACCEPT ANCEIREJECTION . eJer zacceptS£reject> tNS agre =ement on the terns stated, If accepted, Seller agrees to convey title to Property, d Cos -R£ssion, and perform eul the trans and conditions Set forth.niaov S =t_ ER: Terra Pdi�r -es? C or a Lion DATE Decernt)or 27, 2007 Fedib# 72 -1 15 9610 By' x John W. ', c3y�V(c' Presid Corporate Secretary A.edam Parcel A 11 Al +/- Acres @ $14 = $15%740,00 A ra /�O 30 Parcel IS 1.38 Acres @, $1000.00 = $19,3210.00 (Lump sunn, -fibr whole Parcel) Parcel C 2 Acres @y) $14,000.00 = $28A0.00 Terra will donate the ren. 5.44 acres to the Ckh I 1 4 io'Blair, Purchase Price Total: $207,060.00 f . 1q, X 6 0 June 17, 2002 CENTURY 21 DAVENPORT & ASSOCIATES NEBRASKA AGENCY POLICY Century 21 Davenport & Associates will allow the following agency relationships:. a) Buyer Limited Agency — a licensee working with a buyer in a particular transaction is considered a buyer's limited agent unless he or she has a written agreement as an agent under c), d), e) or f) OR has been appointed by the designated broker as an agent under c), d), e) or f) OR the designated broker of the licensee has accepted subagency under c) or d). A written agreement may also be entered into the buyer limited agency, if it is set out in the designated broker's policy. Subagency can only be offered with the written consent of the buyer. b) Tenant Limited Agency — a licensee working with.a tenant in a particular transaction is considered a tenant's limited agent unless he or she has a written agreement as an agent under c), d), e) or f) OR has been appointed by the designated broker as an agent under c), d), e) or f) OR the designated broker of the licensee has accepted subagency under c) or d). A written agreement may also be entered into for tenant limited agency if it is set out in the designated broker's policy. Subagency can only be offered with the written consent of the tenant. c) Seller Limited Agency — a designated broker must have a written agreement with seller or have accepted subagency in accordance with the designated broker's policy. d) Landlord Limited Agency — a designated broker must have a written agreement with landlord or have accepted subagency in accordance with the designated broker's policy. e) Dual Limited Agency —:a designated broker must have the written agreement and the informed consent of all parties to a real estate transaction in accordance with the designated broker's policy. f) Common Law Agency — a designated broker must have a written agreement with the client in accordance with the designated broker's policy. Century 21 Davenport & Associates will offer Property Management Agreements solely through the Broker, David L. Davenport, using the corporate name for management of rental property of Davenport Management, Inc. No individual agent or Broker whose license is held by Davenport & Associates, Inc or Davenport Management, Inc. has the authority to enter into a Property Management Agreement. g) Single Agency Appointed- only the listing agent will represent the Seller on "in- house" listings. All other affiliated licensees of the designated Broker will be a limited Buyer's agent. Affiliated licensees are allowed to enter into written contracts with the client for the above agency relationships except f) above which is Common Law Agency (Property Management)., Subagency will not be offered or accepted from cooperating brokers. The designated broker will however, compensate those cooperating brokers who wish to act as.Buyers agents. The foregoing is the agency policy of Century 21 Davenport & Associates and each licensee whose license is held by Century 21 Davenport & Associates shall given a written copy of the agency policy for their review and reference. The foregoing is subject to change in writing, and if changed, the change will be dated and shall mention it supercedes all the foregoing. Century 21 Davenport & Associates. David L. Davenport, Designfed Broker Agency Policy 6/17/02 \ W ILW \�cllWl/ !f 1 I Agents of Changes" As an independently owned and operated CENTURY 21 office, we are dedicated to providing you with service that is professional, courteous and responsive in helping you find a property. To fulfill this commitment, we agree to provide you with the following services: 1. Dedicate myself to making the process of buying your next home as easy and as successful as possible. 2. Respect you, your needs and be honest and forthright. 3. Hold your best interests in the highest regard throughout the process. 4. Value and respect your time, being as efficientand effective as possible. 5. Understand your needs and respond quickly. 6. Consult with you to determine your particular real estate wants and needs. 7. Use my base of experience, knowledge, tools and the most up -to -date training to best serve you. 8. Explain each step of the process and act as a guide to help you make most informed decisions. 9. Disclose material facts known about the property and respond to questions concerning the property. 10. Help determine your purchasing power, while explaining alternative methods of purchasing and /or financing. 11. Provide an action plan for locating the right property, at the right price and terms, in an acceptable time frame. 12. To the best of my ability, continuously show you new properties that fit your needs. 13. Provide a Customized Home Search Plan for locating the right property for you, only showing you properties that will best meet your needs and in accordance with Fair Housing regulations and ethical real estate practices. 14. Use the most comprehensive database of listings in the area, to help you find the home that best meets your needs, whether that be the Multiple Listing Service and /or other methods. 15. Provide the resources of Century2l .com that offers thousands of listings, allowing you to easily review homes that are right for you, access in -depth information on neighborhoods, and additional information.* 16. Use my knowledge and expertise to promote the most valuable purchase on your behalf. I will assist you in evaluating the market value of properties that are of interest to you and help you obtain the most advantageous price and terms. 17. Provide access to financing that meets your needs, at the lowest possible rates available to you. 18. Advise and assist you in completing your purchase agreement, and present your offer with integrity in a light most favorable to your needs. 19. Upon acceptance of an offer by you, pre - settlement (escrow) activities throughout the closing process will be monitored as permitted by law or local practice. 20. Offer to provide you with information regarding other professionals (e.g. attorneys, accountants, inspectors, contractors) that may assist you during and after your move. 21. Utilize the CENTURY 21 System of thousands of offices to provide you with the name of an office in the area of your new home, to assist you further. 22. We appreciate your allowing us to help you with your property purchase. If at any time you have a question, concern, comment or suggestion, please co ct: Phone "NOTICE: As a prospective purchaser of real estate, you should be aware that cooperating ( "selling ") brokers and sales associates can work for you as your agent, in which case they represent you and owe you the fiduciary duties of loyalty, confidentiality, disclosure, diligence and care; or with you as a subagent (unless prohibited by law) of the listing broker, in which case they represent the seller, and the fiduciary duties are owed to the seller; or with you as facilitators (as permitted by law) representing neither party to the transaction; or in such other brokerage relationship as may be permitted by law. In any case, as real estate licensees, we are at all times obligated to treat you honestly and fairly, and in most states (and provinces), inform you of our particular representation status. In the event we do not represent work for you in the transaction, should you feel it necessary or desirable, you can obtain representation from a lawyer or another real estate broker or both." CAVEAT: DO NOT RELY ON THIS NOTICE AS DESCRIBING THE ACTUAL REPRESENTATION STATUS OF OUR OFFICE CONCERNING THE SERVICES TO BE PROVIDED TOYOU AS REFLECTED IN THIS PLEDGE CERTIFICATE. SPECIFICS OF OUR ACTUAL REPRESENTATION STATUS ARE SET FORTH IN A SEPARATE WRITTEN AGENCY DISCLOSURE. CENTURY 21 A Copy of this BUYER SERVO PLEDGE® Certificate has been received. By B By Name Dated /r?-° Address Email © 2006 Century 21 Real Estate LLC. Century 210 is a trademark licensed to Century 21 Real Estate LLC. An Equal Opportunity Company. Equal Housing Opportunity. 'Q Each Office Is Independenity Owned And Operated. m . Instructions: This form should bd at the start of a dual agency situation; For instance, you discuss one of your own listings with a buyer you represent. This is a legally binding agreement. If not understood, seek legal advice. Law does not regulate Professional Service Fees and Agreement Terms. The REALTOR® negotiating this agreement is a member of the Nebraska REALTORS® Association and as such is governed by its Code, of Ethics and Rules and Regulations. CONSENT.T® DUAL AGENCY (REALTOR®) of C, �aIIJ � • has ,a wrktten brokerage agreMent With Stiller to Hell the real estate located at and the Seller previously bosented to the REALTORS acting as a dual agent. REALTOR ® has a written or statutory non - written brokerage agreement with Buyer and that Buyer has consented to REALTORS acting as dual agent. Buyer and Seller agree that: 1. Dual Agency. REALTORS shall act as a Dual Agent for the sale of the described propeity, pursuant to Nebraska Statute. The REALTORS as a Dual Agent and those duties and obligations required of a Buyer's Agent. In a leasing situation, Seller's agent when used herein means Landlord's Agent and Buyer's agent when used herein means Tenant's Agent. 2. Duties and Obligations of a Seller's Agent. A REALTORS representing a Seller as a Seller's Agent shall be a limited agent with the following duties and obligations: . (a) To perform the terms of any written agreement made with the client; (b) To exercise reasonable skill and care for the client, (c) To promote the interest of the Seller with the utmost good faith, loyalty, and fidelity including: (i) Seeking the price and terms which are acceptable to Seller except that REALTORS shall not be obligated to seek additional offers to purchase the Property while the Property is subject to a contract for sale. or to seek additional offers lease the Property while the Property is subject to a lease or letter of intent to lease. (ii) Presenting all written offers to and from Seller in a timely manner regardless of whether the Property is subject to a contract for sale or lease or letter to intent to lease; (iii) Presenting all written offers to and from Seller and the clients all adverse material facts actually know by REALTORS; and (iv) Disclosing in writing to Seller and the clients all adverse material facts actually lmow by REALTORS knows by the specifics of which are beyond the expertise of REALTORS (d) To account in a timely manner for all money and property received. (e) To comply with all requirements ofNeb. Rev. Stat. Sections 76 -2401 to 76 -2430, The Nebraska Real Estate License Act; and any rules and regulations promulgated pursuant to such sections or act; and (f) To comply with any applicable federal. State, and local laws, rules, regulations, and ordinances, including fair housing and civil rights statutes or regulations 3. Duties and Obligations of a Buyer's Agent. A REALTOR® representing a Buyer as Buyer's Agent shall be a limited agent with the following duties and obligations: (a) To perform the terms of any written agreement made with the client, (b) To exercise reasonable skill and care for the client; (c) To promote the interests of the client with the utmost good faith, loyalty, and fidelity, including: Q) Seeking a price and terms which are acceptable to the client, except that the REALTORS shall not be obligated to seek other properties while the client is a party to a contract to purchase property to a lease or letter to intent to lease; (ii) Presenting al written offers to and from the client in a timely manner regardless of whether the client is already a party or a contract to purchase property or is already a party to a contractor a letter of intent to lease; (iii) Disclosing in writing to the client . adverse material facts actually known by the REALTOR®; and (iv) Advising the client to obtain .expert advice as to material matters about which the REALTORS knows but the specifics of which are beyond the expertise of the REALTORS; (d) To account in a timely manner for all money and property received; (e) To comply with all requirements ofNeb. Rev. Stat. Sections 76 -2401 to 76 -2430, The Nebraska Real Estate License Act, and any rules and regulations promulgated pursuant to such sections or act; and (f) To comply with any applicable federal. State, and local laws, rules, regulations, and ordinances, including fair housing and civil rights statutes or regulations. 4. Disclosure of information. A dual agent may disclose to one client any information that is gained from the other if the information is relevant to the transaction, provided, however, confidential information will not be disclosed unless the disclosure of such information is required by stature, rule or regulation or the failure to disclose such information would constitute fraudulent misrepresentation. Confidential information is information made confidential by state, rule, regulation, or written instructions from the client unless that information is made public by the acts of such client or another source. In addition, the following information cannot be disclosed without written consent of the client to whom the information pertains, which consent is indicated by initialing the box following: (a) That a buyer or tenant is willing to pa, ore than the purchase price or lease rate offered. [Buyer consents to disclosure / 1 (b) that a seller or landlord is willing to acc t less'thaa the asking price or lease rate for the property. [Seller consents to disclosure / (c) What the motivating factors are for any c ' t buying, selling or leasing the property: [Seller consents to disclosure / [Buyer consents to disclosure / (d) That the seller or buyer will agree to finance terms other than those offered. [Seller consents to disclosure / [Buyer consents to disclosure / a. A Dual Agent does not terminate the dual agency relationship by making any required or permitted disclosure. b. In a dual agency relationship there shall be no imputation of knowledge or information between any client and the Dual Agent or among persons within an entity engage as Dual Agent. REALTOR® Compensation Disclosure, Seller and-Buyer agree that the professional fee to be paid to REALTOR® for this transaction shall be paid by the Seller.-REALTOR &may accept compensation or profits from any entity providing services for or participating in the transaction. Seller. Seller: Date: Date: 1996 Nebraska REALTORS® Association Date. VA,f,B9, :CPj Kk a9. t lsW B 0 NE' b�,AS1N" % 6�A' — PAGECS) lt K r yIS ER OF DEEM, NE BRASKA DOCU STA j rv, I d / F ;k E + 2008 FEB 21 PM 2: I ,, RE G1S R 0 F DEEDS f, ' I F' N E THE Grantor, Terra Nitrogen, Limited Partnership, a Delaware Limited Partnership in `` consideration of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, conveys to City of Blair, Nebraska, a 1\'Iunicipal Corporation, Grantee, the following described real estate (as defined in Neb. Rev. Stat. 76 -201) iii Washington County, Nebraska: SEE EXHIBIT "A" attached hereto and by this reference made a part hereof. THE Grantor covenants with Grantee that Grantor: (1) is lawfully seized of such real estate and that it is free from encumbrances subject to easements, reservations, covenants and restrictions of record and subject to all regular taxes and special assessments. (2) has legal power and lawful authority to convey the same; (3) warrants and will defend the title to the real estate against the lawful claims of all persons. Executed this V day od . STATE OF Iowa Terra Nitrogen, d Pa a Delawar r'd N rtne i� 0 an W. Huey, Vice P neral Counsel and Cor ecretar – pela vare Corporation, artner COUNTY OF WDDJ� The foregoing instrument was acluiowledged before me this day of !.d by John W. Huey, Vice President, General Counsel and Corporate Secretary of Terra Nitrogen GP Inc., a Delaware Corporation, as General Partner of Terra Nitrogen, Limited Partnership, a Delaware Limited Partnership. Notary /Public, State and JCounty aforesaid E-?A, KELLY J. KAS�� Wp. COMMISSION r, 704607 ft�Y COMMISSION EXPIRES IOWN 2Z)6> Form solr\Vare by: Automated Real Estate Services, Inc. - 800.330.1295 File: 08004 Reco rded General Numerical P i { Pr Sc M and Part of Tax Lot 4 lying,in the SE1 /4 of the SE1 /4 of Section 6, Township 18 North, Range 12 East of the 6th�Principal Meridian, Washington County, Nebraska and more particularly described as follows: From the Southeast Corner of Section 6, Township 18 North, Range 12 East and assuming the Southerly Line of the SE1 /4: of the SE1 /4 of said Sectlon.6 to bear S 90 °00 W; thence N 00 °19'56" E along the Easterly Line'.of said .SE1 /4 of the SE1 /4.a distance of 275.94 feet to the Northeast Corner.of Tax.Lot 5 in said Section 6 and the Point of .Beginning; .thence S . °58'02 W along the Northerlykine of said Tax Lot 5 a distance of 1331 ;97 -feef to the Northwest Corner of said Tax .Lot 5, said point lying on the Westerly Line of said:SE1 /4 of the;;SE1 /4; thence N 00 °25'10 ": E alongsaid westerly 1/4 1/4 section line a>distance of 331:24 feet; thence N 89 0 51'39 E :-a distance of 1006.03 feet to a point on the Southerly Projection of the Westerly Line of Tax Lot 3 in said Section 6; thence N ' 00 °17'19 E along said southeely.projected tax lot line a distance of 171.80 feet to an iron found-at the Southwest Corner. of. said,Tax Lot 3; thence N 89 °49'13 E along:the Southerly. Line of said Tax Lot 3. distance of 325:58 feet to the Southeast Comer of said Tax Lot 3,. said. point lying on-the easterly* line of said SE1/4 of the SO /4; thence S 00 0 19'56" W along i said easterly 1/4 114 sectionaine a distanceof505.74 feet to the Point of Beginning and containing 11.45 acres, more or less. Part of Tax Lot.68 lying in the NW1 /4 of.the NEl /4.of Section 7, Township 18 North, Range 12 East of the:6th Principal Meridian, Washington County, Nebraska and more particularlydescribed °as follows: From the Northeast. Corner of Section 7, Township 18 North,. Range 12 East; thence S 90 °00'00" W.(assumed bearing) along the Northerly. Line of the NE1 /4 of the NE1 /4 of said Section 7 a.distance of 1332.36 feet;to the Northeast.Comerof the NW1 /4 of the NE1 /4 of said section 7; thence S 00 0 37'42" W along:the Easterly Line. of -said NW1/4 of the NE1 /4 a distance of 163;53 feet to a point 220.00 1feet northwesterly as measured.at right angles to the.centerline of.the. Chicago A Northwestern Railroad Line.-,and the Point:of Beginning; thence continuing S-00"37'42" W along said' easterly.1 /41 /4 section line a distance >of 12011 feet to a point on 'the: Northerly Right =of -Way Linea of said Chicago & Northwestern= Railroad Line, .said point beingAhe Southeast Comer of Tax Lot 68 in said Section 7; thence: along the: Southerly Line of said Tax Lot 68,. along said northerly railroad right -of =way line,:along a 2965.00 foot radius curve - to the left an arc distance of 918.95 feet, said curve ;having ; a- chord.bearmg of S 79 °14 W and a.chord distance of 1ee0o the Southwest Comer of said Tax Lot 68 thence N 02 along the Southwesterly Line of said.Tax Lot 68 a distance of 160.46 feet.to a point 220:00 feet northwesterly of, as measured.at right angles to the centerline of said Chi ''cago; &:Northwestern'Railroad Line; thence . along a.3085M foot radius- curveto the right an arc distance of! feet, said.curve:having a chord bearing of N 78 ° 18'36" E and a chord distance -of 1064.71 feet; to the Point of Beginnning and containing 2.74 acres; more eor less. i 85 e 3 W N - - - / I I w w m N m M _< m _ -- -W W �R 1 -6 m � w U� m� N j. o m (a),00�e4s w Aa'9 Aa'lGl m I NQ nZ °I f° A9'8 LL Z 3.61d1.00N Ql g �I 0 ui Iii y a N� E m Lu 3 U W I —� -- 3 z w z eo so I � 1 fN.tir trr @ Nml© E.lE� U mI U m t ml ZF I e �i Im Z m IE c� Im a l m IZm IE� U ° I� 3 w to Om I z (a).ozf a mE h m g zm$$ =x h h o E =o 8 g t � Qo �o Nmm5 � w m }jhl a more c N E C O�$ m� ° �ymc�me °c cv'3 `mp �8�'° St' N�o�9 e9 ` m ° So K 5`o� «Sw «w ErJN9 «« =EOUE « «SSg �E�z3ZZU� t4 zw t?�� u3z� <mm� �z yz° use zLL <�6000- a E vi ow ZWEv °m °gym° o Wsu o °m -zm=g d °w SDEEN ^'698 you =E99 EoE8oN F O� ° 'ZA zl ZV w i uwi �OZbNH °i ° ? 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NOW, THEREFORE, BE IT RESOLVED that the Purchase Agreement referred to hereinabove is hereby adopted and accepted by the City of Blair and the Mayor is hereby authorized and directed to execute same on behalf of the municipality. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, ABBOTT, WOLFF, BIFFAR AND CHRISTIANSEN VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS II DAY OF DECEMBER, 2007. CITY OF BLAIR, NEBRASKA B J MES . REALPH, MAYOR ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 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 Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 11th day of December, 2007. BRENDA R. WHEELER, CITY CLERK THIS IS A LEGALLY BINDING AGREEMENT, IF NOT UNDERSTOOD, SEEK LEGAL ADVICE COMMERCIAL PURCHASE AGREEMENT CENTURY 21 DAVENPORT & ASSOCIATES REALTORS® 1114 Fourth Street Sioux City, IA 51101 The undersigned, as Buyer, agrees to purchase the following property on the following terms: Address: Industrial Park Land Terra Nitrogen Corp . Blair NE 7 and Grant ®/- 20.23(approxiametly) acres final legal description to be determined by land survey Legal Description TL 247 12 -18 -11 City of Blair (final legal description to be determined by land survey) Blair County, NE (Property) including all fixtures and equipment permanently attached to Property owned by Seller provided Seller has a marketable title in fee simple. The only personal property included as follows: n/a Seller shall promptly provide an abstract of title continued to and including the date of acceptance of this Agreement or if customary or required by Buyer's lender, furnish title insurance. If title insurance is furnished, the cost of title insurance issued for this sale shall be paid as follows: Seller 112; Buyer 112 . Buyer agrees that should a valid title defect exist, Seller has a reasonable time to correct said defect, not to exceed 30 days from the date of the title commitment. If the title defects are not cured within such time period, Buyer may declare this agreement null and void, and the earnest money shall be refunded. Seller agrees to convey to Buyer by warranty deed free and clear of all liens and encumbrances except no exceptions and subject to all easements and restrictions or covenants now of record. Special assessments for items such as paving, curbing, sidewalk or utilities previously constructed, now under construction; or ordered to be constructed by public authority, levied, assessed or not yet assessed as of the date of this agreement stall be [ ] paid by Seller [ ] assumed by Buyer. The documentary stamp tax shall be paid by Seller. 1. Personal Property. [N /A] if checked, the purchase price includes all furniture and furnishings and any other personal property owned by Seller and used in the operation of the property per attached signed inventory, receipt of which is hereby acknowledged. The inventory is hereby made an integral part of this agreement upon its execution by both parties. Said personal property is to be transferred by Bill of Sale in favor of Buyer at closing. 2. Price. Buyer agrees to pay See addendum attached hereto and fully incorporated herein by reference , on the following terms: an earnest money deposit of $ 2500.00 To be sent over night when offer is accepted. The earnest money will be transferred to the listing broker on acceptance, if the selling broker is other than the listing broker. All monies shall be deposited in a trust account, to be held until the time of closing or until transferred to an escrow agent by agreement of Buyer and Seller; balance to be paid as shown in the following Paragraph(s) #1 #1 All Cash: Balance shall be paid in cash, or by certified or cashier's check at time of delivery of deed, no financing being required. #2 Conditional Upon Loan: Balance of $ shall be paid in cash, or certified or cashier's check at time of delivery of deed, contingent-upon Buyer's ability to obtain a loan, to be secured by first mortgage or deed of trust, on above described Property in the amount of $ on the following terms: initial interest not exceeding % per annum; amortized over not less than _ years; points not to exceed n/a . Loan origination or service fees shall be paid by Buyer. Buyer agrees to make application for the loan within _ days of acceptance of this offer, sign all papers, pay all costs, except as provided herein, and to establish escrow reserves for taxes and insurance if required by Lender. If processing of the application has not been completed by the lending agency by the closing date stated elsewhere in this Agreement, such time limit shall be automatically extended until the lending agency has, in the normal course of its business, advised either approval or rejection. Seller may cancel this agreement any time after unless Buyer shall have previously provided to Seller a copy of Buyer's written, non - contingent loan approval from a regulated lender. #3 Other Provisions: See attached #4 Addendum: The attached addenda shall be made a part of the Purchase Agreement. (List Addenda) (Seller / ) (Buyer / ). 3. Real Estate Taxes /Prorations: Seller shall pay all taxes to and including date of closing . Taxes for the calendar year 2007, together with interest, rents, prepaid services, and other expenses of the property, if any, shall be prorated to the date of possession /closing. Taxes shall be prorated on the basis of the county assessors valuation at the date of closing and the most recently certified mill levy. 4. Compliance with Law: Seller shall comply with any federal, state or local law applicable to the sale or transfer of the property, including but not limited to installing smoke detectors or providing inspections. 5. Maintenance /Repairs /Replacements, Cost to Seller: Seller agrees to maintain the property in its condition on the date hereof until initial delivery of possession which maintenance shall include, but not be limited to, the building, the heating, air conditioning, water heater, sewer, plumbing, electrical system, any appliances and the lawn. 6. Insects: [ n/a ] If checked, Buyer requests a termite and wood destroying insect inspection of the property and all buildings thereon at Buyer's expense. Should evidence of termites or wood destroying insects be found, the property shall be treated at Seller's expense. Buyer agrees to accept the treated property. If visible evidence of previously treated infestations which is now inactive is found, treatment shall not be required. Should damage from such insects be found, the damage shall be corrected at Seller's expense. However, if the cost required for repairs exceeds 1% of the purchase price, either Seller or Buyer may rescind this agreement. 7. Liability Limit: Except for the costs required by the preceding three paragraphs, Seller's total liability for any costs for maintenance, repairs or replacements required by terms of this agreement or by Buyer's lender, shall not exceed 1000.00 Should maintenance, repairs or replacement exceed the stated amount Seller may elect to pay the cost in excess of such amount. If Seller does not, Buyer may elect to take the Property without the repairs or maintenance and such amount (the full limit) shall be a credit to the purchase price. Otherwise, either party may rescind this agreement. 8. Inspections: Unless otherwise provided specifically in this agreement, Buyer, or any designee, at Buyer's expense (or as otherwise agreed), shall have the right to any inspections desired of the real estate and personal property to be sold hereunder on or before 1 -10 -08 which is the inspection deadline. Buyer shall have 5 calendar days after the inspection deadline to give notice to the Seller of any unsatisfactory conditions of the property (the "rescission deadline "). If the Buyer fails to notify the Seller of an unsatisfactory condition Buyer agrees to accept the property in its condition on the inspection deadline, If such a notice is received by the Seller, as set forth above, this agreement shall terminate on, the settlement deadline, unless Seller and Buyer have agreed to a settlement in writing or Buyer has waived such condition in writing. 9. Access to Property: Seller shall provide reasonable access to Buyer, his inspectors or agents to timely fulfill this agreement and to representatives of Buyer's Lender to accommodate financing. 10. Condition of Property: Seller represents (1) that to the best of Seller's knowledge, there are no defects in the property that are not readily ascertainable and which significantly affect the desirability or value of the property, or which the Seller has not disclosed to Buyer in writing dated (upon acceptance by both parties of this agreement), and (2) that Seller has no notice of violations of any local, state or federal laws, rules and regulations relating to the property. [ None known ] If checked, a disclosure is attached. 11. Risk of Loss: Risk of loss or damage to Property, prior to closing date, shall be the responsibility of Seller. If, prior to closing, the Property is materially damaged by fire, explosion or any other cause, Buyer shall have the right: i) to require the premises to be restored to the condition at execution hereof; ii) to adjust the price to the value subject to the damage; iii) to rescind this agreement. 12. Possession and Closing: Closing of sale shall be on or before January 20, 2008 after loan approval, whichever shall last occur. Possession of Property shall be given at closing , but not before closing. This agreement shall in no manner be construed to convey Property or to give any right of possession. Buyer shall have the right to make a final inspection of Property prior to closing to ascertain that all conditions of this agreement have been met. Time is of the essence in this agreement. 13. Escrow Closing: Buyer and Seller agree that the closing of the sale may be handled by an escrow agent. If so, the listing broker is authorized to transfer to the escrow agent the earnest money, other trust funds received by the listing broker and all documents and other items received by the listing broker in connection with the sale. After the transfer, the listing broker shall have no further responsibility or liability to Buyer or Seller to account for funds or preparation of documents in connection with the closing of the sale. Escrow agent will not be required to disburse funds or deliver or record any documents until it has received certified funds or other good, sufficient and collected funds, and all conditions, terms and provisions of this agreement have been satisfied, performed and met. Closing charges shall be paid as follows: 1 /2 by buyer '/2 seller 14. Rescission, Termination or Default: If Buyer fails to consummate this purchase according to the terms of this agreement, Seller may, at Seller's option, retain the earnest money as liquidated damages for such failure, or utilize such other legal remedies as are available to Seller by reason of such failure. If Seller fails to fulfill this agreement, the Buyer shall have the right to have all payments returned and /or to proceed by any action at law or in equity and the Seller agrees to pay costs and reasonable attorney fees, and a receiver may be appointed. If this agreement is rescinded or terminated by either party without fault as allowed hereby, each party shall bear his or her costs and the earnest money shall be refunded. 15. Tax Deferred Exchange: In the event the Seller wishes to enter into a tax deferred exchange for the real property described herein, or if Buyer wishes to enter into a tax deferred exchange with respect to property owned by him in connection with this transaction, each of the parties agrees to cooperate with the other party in connection with such exchange, including the execution of such documents as may be reasonably necessary to effectuate the same. Provided that: (a) The other party shall not be obligated to delay the closing, (b) All additional costs in connection with the exchange should be borne by the party requesting the exchange, and (c) The other party shall not be obligated to execute any note, contract, deed, or other document providing for any personal liability which would survive the exchange, nor shall the other party be obligated to take title to any property other than the property described in this agreement. The other party shall be indemnified and held harmless against any liability which arises or is claimed to have arisen on account of the acquisition of the exchange property. 16. Rights of persons in Possession: [ NA ] If checked, this Property is sold subject to the rights of persons in possession. Rents shall be prorated to date of closing. Security deposits, advance rentals or considerations involving future lease credits shall be credited to Buyer. Buyer acknowledges that trade fixtures located in the premises may belong to tenants and may be removed upon the conclusion of the tenancy. [ NA ] If checked, purchase is subject to Buyer's inspection and approval of the leases which shall be treated as an inspection above. Promptly after execution K hereof, Seller shall provide Buyer with copies of all leases and rental agreements, notices to or from tenants, claims made to or by tenants, a statement of rents owing and damage or security deposits held and a summary of all oral agreements with tenants which affect the operation or ownership of the premises. Seller shall warrant the foregoing disclosures as true and correct. Seller agrees that no changes in the existing leases or rental agreements shall be made nor new leases or rental agreements entered into nor shall any substantial repairs or alterations be commenced without the express written consent of the Buyer. Buyers obligations hereunder are conditioned upon receipt at closing of an estoppel certificate from each tenant acknowledging that the lease or rental agreement is in effect, that no lessor default exists, and stating the amount of any prepaid rent or deposits. 17. Income /Expense: [ n/a ] If checked, the purchase is subject to Buyer's inspection and approval of the operating statement of the premises. Promptly after execution hereof Seller shall provide a statement of rental income and expenses for the premises which Seller shall warrant as true and correct. Such inspection shall be treated as an inspection above. 18. Service Contracts: Seller agrees to provide to Buyer a copy of any service and /or equipment contracts with respect to the property which extend beyond closing. Buyer agrees to assume such contracts. 19. Environmental: [ X ] If checked, the purchase is contingent upon the satisfactory environmental quality of the Property. On or before the inspection deadline, Buyer may request a Phase I environmental review at its expense which shall be promptly ordered. If the results raise a question of environmental quality, Buyer may request further study and delay closing as necessary, accept the property as is or rescind the agreement. If further study is requested, Buyer shall have ten days after receipt of the study results to accept the property as is or rescind this agreement. Copies of all requests for environmental investigation and the results thereof shall be provided to both Buyer and Seller. If the environmental investigation is not completed by inspection deadline either party may rescind this agreement. 20. Survey: r_ ] Seller [ ] Buyer will, prior to closing, have the property surveyed at their expense. If the survey, certified by a Registered Land Surveyor, shows any encroachment on said property or if any improvements located on the subject property encroach on lands of others, such encroachments shall be treated as a title defect. 21. Use: [ Buyer intends to use the premises for a specific purpose. Buyer may rescind this agreement on or before the rescission deadline if Buyer determines that zoning or land use restriction prohibits such intended use. The purpose is as follows: . 22. Acceptance Date: This offer is null and void if not accepted by Seller on or before at 12 noon. 23. Counterparts: This agreement may be executed in one or more counterparts, each of which is deemed to be an original hereof, and all of which shall together constitute one and the same instrument. 24. Fax Transmission: The facsimile transmission of a signed copy hereof or any counter offer to the other party or his /her agent followed by faxed acknowledgment of receipt, shall constitute delivery of said signed document. The parties agree to confirm such delivery by mailing or personally delivering a signed copy to the other party or his /her agent. 25. Entire Agreement: This document contains the entire agreement of the parties and supercedes all prior agreements or representation oral or written with respect to the Property which are not expressly set forth herein or incorporated herein by reference. This agreement may be modified only by a writing signed and dated by both parties. All express representations and Warranties shall survive closing. Both parties acknowledge that they have not relied on any statements of the real estate agent or broker which are not herein expressed except NONE BUYER SS# /FedID #, BY _ DATE SS# /FedID# ADDRESS: ZIP PHONE SELLING AGENT: LISTING COMPANY: Century 21 Davenport & Associates RECEIPT FOR EARNEST MONEY NAMES FOR DEED: RECEIVED FROM: $ (by ) to apply to the purchase price of Property on terms and conditions as stated in the event this offer is accepted. REALTORSO By: 3 ACCEPTANCE /REJECTION Seller accepts /rejects this agreement on the terms stated. If accepted, Seller agrees to convey title to Property, deliver possession, and perform all the terms and conditions set forth above. SELLER: 0 DATE SS# /FedID# DATE SS# /FedID# !! 11.41 +/- Acres @ $14,000.00 = $159,740.00 1.38 Acres @ $14,000.00 = $19,320.00 (Lump sum for whole parcel) N' , • t� 2 Acres @ $14,000.00 = $28,000.00 Terra will donate the remaining 5.44 acres to the City of Blair. Purchase Price Total: $207,060.00 STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 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 Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 11th day of December, 2007. BRENDA R. WHEELER, CITY CLERK RESOLUTION NO. 2007 - 68 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, a Purchase Agreement between the Terra Nitrogen Corporation, Seller, and the City of Blair, as Buyer, has been prepared and presented to the City Council providing for the terms and provisions of the purchase by the City of Blair for Industrial Land, a copy of which Purchase Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and WHEREAS, the terms and conditions of the Purchase Agreement is acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that the Purchase Agreement referred to hereinabove is hereby adopted and accepted by the City of Blair and the Mayor is hereby authorized and directed to execute same on behalf of the municipality. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, ABBOTT, WOLFF, BIFFAR AND CHRISTIANSEN VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS II DAY OF DECEMBER, 2007. CITY OF BLAIR, NEBRASKA M S E. REALPH, MAYOR ATTEST: i z / ., BRENDA R. WHEELER, CITY CLERK (SEAL) Buyer's inspection and approval of the leases which shall be treated as an inspection above. Promptly after execution hereof, Seller shall provide Buyer with copies of all leases and rental agreements, notices to or from tenants, claims made to or by tenants, a statement of rents owing and damage or security deposits held and a summary of all oral agreements with tenants which affect the operation or ownership of the premises. Seller shall warrant the foregoing disclosures as true and correct. Seller agrees that no changes in the existing leases or rental agreements shall be made nor new leases or rental agreements entered into nor shall any substantial repairs or alterations be commenced without the express written consent of the Buyer. Buyers obligations hereunder are conditioned upon receipt at closing of an estoppel certificate from each tenant acknowledging that the lease or rental agreement is in effect, that no lessor default exists, and stating the amount of any prepaid rent or deposits. 17. Income /Expense: [ n/a ] If checked, the purchase is subject to Buyer's inspection and approval of the operating statement of the premises. Promptly after execution hereof Seller shall provide a statement of rental income and expenses for the premises which Seller shall warrant as true and correct. Such inspection shall be treated as an inspection above. 18. Service Contracts: Seller agrees to provide to Buyer a copy of any service and /or equipment contracts with respect to the property which extend beyond closing. Buyer agrees to assume such contracts. 19. Environmental: [ X ] If checked, the purchase is contingent upon the satisfactory environmental quality of the Property. On or before the inspection deadline, Buyer may request a Phase I environmental review at its expense which shall be promptly ordered. If the results raise a question of environmental quality, Buyer may request further study and delay closing as necessary, accept the property as is or rescind the agreement. If further study is requested, Buyer shall have ten days after receipt of the study results to accept the property as is or rescind this agreement. Copies of all requests for environmental investigation and the results thereof shall be provided to both Buyer and Seller. If the environmental investigation is not completed by inspection deadline either party may rescind this agreement. 20. Survey: [ ] Seller [ ] Buyer will, prior to closing, have the property surveyed at their expense. If the survey, certified by a Registered Land Surveyor, shows any encroachment on said property or if any improvements located on the subject property encroach on lands of others, such encroachments shall be treated as a title defect. 21. Use: [ Buyer intends to use the premises for a specific purpose. Buyer may rescind this agreement on or before the rescission deadline if Buyer determines that zoning or land use restriction prohibits such intended use. The purpose is as follows: . 22. Acceptance Date: This offer is null and void if not accepted by Seller on or before at 12 noon. 23. Counterparts: This agreement may be executed in one or more counterparts, each of which is deemed to be an original hereof, and all of which shall together constitute one and the same instrument. 24. Fax Transmission: The facsimile transmission of a signed copy hereof or any counter offer to the other party or his /her agent followed by faxed acknowledgment of receipt, shall constitute delivery of said signed document. The parties agree to confirm such delivery by mailing or personally delivering a signed copy to the other party or his /her agent. 25. Entire Agreement: This document contains the entire agreement of the parties and supercedes all prior agreements or representation oral or written with respect to the Property which are not expressly set forth herein or incorporated herein by reference. This agreement may be modified only by a writing signed and dated by both parties. All express representations and Warranties shall survive closing. Both parties acknowledge that they have not relied on any statements of the real estate agent or broker which are not herein expressed except NONE BUYER , TE SS# /FedID# By: ADDRESS: SELLING AGENT: NAMES FOR DEED: DATE SS# /FedID# ZIP PHON LISTING COMPANY: Century 21 Davenport & Associates RECEIPT FOR EARNEST MONEY RECEIVED FROM: $ (by ) to apply to the purchase price of Property on terms and conditions as stated in the event this offer is accepted. REALTORS® By: 3 ACCEPTANCE /REJECTION Seller accepts /rejects this agreement on the terms stated. If accepted, Seller agrees to convey title to Property, deliver possession, and perform all the terms and conditions set forth above. SELLER: DATE SS # /FedlD# DATE SS # /Fedl D# 0 Proposed Offer to Purchase Real Estate Seller: Terra Chemical Inc. Buyer: City of Blair Parcel A (See attached map) 11.41 + /- acres @ $14,000 per acre = $159,740 (Final to be adjusted based on surveyed acres) Parcel B (road corridor) 120' x 1000' (est.) = 120,000 square ft. or 2.75 acres. (approx.60' is currently road and water line, sewer line easement, leaving approx. 1.38 ac. of useable acres to be acquired.) 1.38 acres @14,000 per acre = $19,320 Parcel C (Tax Lot 13 Section 5, Township 18, Range 12) This tax lot contains 7.44 acres, of which 5 +/- acres are under easement to Papio NRD for Missouri River Mitigation project. City proposes Terra donate entire 5.44 acres to City of Blair. City to purchase 2 acres @ 14,000 per acre = $28,000 1. Closing will be through Washington County Title and Abstracting. 2. Title Insurance shall be split 50/50 between City and Seller. 3. City will approve a Street Dedication on the entire Tract B within 45 days of date of closing. 4. Final agreement subject to approval by the Mayor and City Council. 5. Closing within 45 days from the date surveys are delivered to City and Seller. City Administrator THIS IS A LEGALLY BINDING AGREEMENT, IF NOT UNDERSTOOD, SEEK LEGAL ADVICE COMMERCIAL PURCHASE AGREEMENT CENTURY 21 DAVENPORT & ASSOCIATES, REALTORS®, 1114 Fourth Street Sioux City, IA 51101 The undersigned, as Buyer, agrees to purchase the following property on the following terms: Address: Industrial Park Land Terra Nitrogen Corp . Blair NE 7 and Grant =/- 11 acres final legal description to be determined by land survey Legal Description TL 247 12 -18 -11 City of Blair (final legal description to be determined by land survey) Blair County, NE (Property) including all fixtures and equipment permanently attached to Property owned by Seller provided Seller has a marketable title in fee simple. The only personal property included as follows: n/a aeuer snail promptly proviae an aostract of title contlnueu w anu rriciuumy Me uate ui accePteiu;e Ui uus r%yieenienL vi n customary or required by Buyer's lender, furnish title insurance. If title insurance is furnished, the cost of title insurance issued for this sale shall be paid as follows: Seller 112; Buyer 1/2 . Buyer agrees that should a valid title defect exist, Seller has a reasonable time to correct said defect, not to exceed 30 days from the date of the title commitment. If the title defects are not cured within such time period, Buyer may declare this agreement null and void, and the earnest money shall be refunded. Seller agrees to convey to Buyer by warranty deed free and clear of all liens and encumbrances except no exceptions and subject to all easements and restrictions or covenants now of record. Special assessments for items such as paving, curbing, sidewalk or utilities previously constructed, now under construction, or ordered to be constructed by public authority, levied, assessed or not yet assessed as of the date of this agreement shall be F ] paid by Seller [ ] assumed by Buyer. The documentary stamp tax shall be paid by Seller. 1. Personal Property. [N /A] if checked, the purchase price includes all furniture and furnishings and any other personal property owned by Seller and used in the operation of the property per attached signed inventory, receipt of which is hereby acknowledged. The inventory is hereby made an integral part of this agreement upon its execution by both parties. Said personal property is to be transferred by Bill of Sale in favor of Buyer at closing. 2. Price. Buyer agrees to pay $14000 per acres for 11.41 =/- (Parcel A) plus $14,000 for 1.38 acres (Parcel B) plus $14,000 per acre for 2 acres (Parcel C) - , on the following terms: an earnest money deposit of $ 2500.00 To be sent over night when offer is accepted. The earnest money will be transferred to the listing broker on acceptance, if the selling broker is other than the listing broker. All monies shall be deposited in a trust account, to be held until the time of closing or until transferred to an escrow agent by agreement of Buyer and Seller; balance to be paid as shown in the following Paragraph(s) #1 #1 All Cash: Balance shall be paid in cash, or by certified or cashier's check at time of delivery of deed, no financing being required. Conditional Upon Loan: i alance of $ 207,06.0 shpl�l be paid in cash, or,tertified or cashier's check at/time,6f delivery of,�'deed, contingent upon Buyer' Viability to obtain a loan, to`be secured by first.,rnortgage , or deed of trust, on a�iove dlescnbec�Proparty m the aio t'of $ 07,060 ��" on the following terms: �; e yy . initiah�interest not @xceeding % per annum; a�moriiied over nbt lessi'than 30_ years ;o points notio exceed, - �� . Loan onginatiodor,,service fees shall be paid by/6uyer. Buyer agrees toffiake application for the loan within 7 days of acceptance of this offer, sign all papers, p�'y all costs, except as pr'ovided' herein, end to establish escrow (serves for taxes and insurance if required by Lender. If processing Qethe application has ripf been copxipleted by th,e lending agericy by thq/closing date stated elsewhere in this ,/Agreemertt, such�11mefimit shall�be autompfically extended until the lending agency has, in/the normal cour of its business, advised itherpapproval /br rejectign. Seller may /ca this agreement any time after / 7 days after acceptance unlees B,dyer shall` have previously provide4 to Seller a copy of Buyer's written, non - contingent loan approval from a regulated lender. #3 Other Provisions: See attached #4 Addendum: The attached addenda shall be made a part of the Purchase Agreement. (List Addenda) (Seller / ) (Buyer / ). 3. Real Estate Taxes /Prorations: Seller shall pay all taxes to and including date of closing Taxes for the calendar year 2007, together with interest, rents, prepaid services, and other expenses of the property, if any, shall be prorated to the date of possession /closing. Taxes shall be prorated on the basis of the county assessors valuation at the date of closing and the most recently certified mill levy. 4. Compliance with Law: Seller shall comply with any federal, state or local law applicable to the sale or transfer of the property, including but not limited to installing smoke detectors or providing inspections. 5. Maintenance /Repairs /Replacements, Cost to Seller: Seller agrees to maintain the property in its condition on the date hereof until initial delivery of possession which maintenance shall include, but not be limited to, the building, the heating, air conditioning, water heater, sewer, plumbing, electrical system, any appliances and the lawn. 6. Insects: [ n/a ] If checked, Buyer requests a termite and wood destroying insect inspection of the property and all buildings thereon at Buyer's expense. Should evidence of termites or wood destroying insects be found, the property shall be treated at Seller's expense. Buyer agrees to accept the treated property. If visible evidence of previously treated 1 infestations which is now inactive is found, treatment shall not be required. Should damage from such insects be found, the damage shall be corrected at Seller's expense. However, if the cost required for repairs exceeds 1 % of the purchase price, either Seller or Buyer may rescind this agreement. 7. Liability Limit: Except for the costs required by the preceding three paragraphs, Seller's total liability for any costs for maintenance, repairs or replacements required by terms of this agreement or by Buyer's lender, shall not exceed $1000.00 Should maintenance, repairs or replacement exceed the stated amount Seller may elect to pay the cost in excess of such amount. If Seller does not, Buyer may elect to take the Property without the repairs or maintenance and such amount (the full limit) shall be a credit to the purchase price. Otherwise, either party may rescind this agreement. 8. Inspections: Unless otherwise provided specifically in this agreement, Buyer, or any designee, at Buyer's expense (or as otherwise agreed), shall have the right to any inspections desired of the real estate and personal property to be sold hereunder on or before 1 -10 -08 which is the inspection deadline. Buyer shall have 5 calendar days after the inspection deadline to give notice to the Seller of any unsatisfactory conditions of the property (the "rescission deadline "). If the Buyer fails to notify the Seller of an unsatisfactory condition Buyer agrees to accept the property in its condition on the inspection deadline. If such a notice is received by the Seller, as set forth above, this agreement shall terminate on, the settlement deadline, unless Seller and Buyer have agreed to a settlement in writing or Buyer has waived such condition in writing. 9. Access to Property: Seller shall provide reasonable access to Buyer, his inspectors or agents to timely fulfill this agreement and to representatives of Buyer's Lender to accommodate financing. 10. Condition of Property: Seller represents (1) that to the best of Seller's knowledge, there are no defects in the property that are not readily ascertainable and which significantly affect the desirability or value of the property, or which the Seller has not disclosed to Buyer in writing dated (upon acceptance by both parties of this agreement), and (2) that Seller has no notice of violations of any local, state or federal laws, rules and regulations relating to the property. [ None known ] If checked, a disclosure is attached. 11. Risk of Loss: Risk of loss or damage to Property, prior to closing date, shall be the responsibility of Seller. If, prior to closing, the Property is materially damaged by fire, explosion or any other cause, Buyer shall have the right: i) to require the premises to be restored to the condition at execution hereof; ii) to adjust the price to the value subject to the damage; iii) to rescind this agreement. 12. Possession and Closing: Closing of sale shall be on or before January 20, 2008 after loan approval, whichever shall last occur. Possession of Property shall be given at closing , but not before closing. This agreement shall in no manner be construed to convey Property or to give any right of possession. Buyer shall have the right to make a final inspection of Property prior to closing to ascertain that all conditions of this agreement have been met. Time is of the essence in this agreement. 13. Escrow Closing: Buyer and Seller agree that the closing of the sale may be handled by an escrow agent. If so, the listing broker is authorized to transfer to the escrow agent the earnest money, other trust funds received by the listing broker and all documents and other items received by the listing broker in connection with the sale. After the transfer, the listing broker shall have no further responsibility or liability to Buyer or Seller to account for funds or preparation of documents in connection with the closing of the sale. Escrow agent will not be required to disburse funds or deliver or record any documents until it has received certified funds or other good, sufficient and collected funds, and all conditions, terms and provisions of this agreement have been satisfied, performed and met. Closing charges shall be paid as follows: ' / 2 by buyer '/2 seller 14. Rescission, Termination or Default: If Buyer fails to consummate this purchase according to the terms of this agreement, Seller may, at Seller's option, retain the earnest money as liquidated damages for such failure, or utilize such other legal remedies as are available to Seller by reason of such failure. If Seller fails to fulfill this agreement, the Buyer shall have the right to have all payments returned and /or to proceed by any action at law or in equity and the Seller agrees to pay costs and reasonable attorney fees, and a receiver may be appointed. If this agreement is rescinded or terminated by either party without fault as allowed hereby, each party shall bear his or her costs and the earnest money shall be refunded. 15. Tax Deferred Exchange: In the event the Seller wishes to enter into a tax deferred exchange for the real property described herein, or if Buyer wishes to enter into a tax deferred exchange with respect to property owned by him in connection with this transaction, each of the parties agrees to cooperate with the other party in connection with such exchange, including the execution of such documents as may be reasonably necessary to effectuate the same. Provided that: (a) The other party shall not be obligated to delay the closing, (b) All additional costs in connection with the exchange should be borne by the party requesting the exchange, and (c) The other party shall not be obligated to execute any note, contract, deed, or other document providing for any personal liability which would survive the exchange, nor shall the other party be obligated to take title to any property other than the property described in this agreement. The other party shall be indemnified and held harmless against any liability which arises or is claimed to have arisen on account of the acquisition of the exchange property. 16. Rights of persons in Possession: [ NA ] If checked, this Property is sold subject to the rights of persons in possession. Rents shall be prorated to date of closing. Security deposits, advance rentals or considerations involving future lease credits shall be credited to Buyer. Buyer acknowledges that trade fixtures located in the premises may belong to tenants and may be removed upon the conclusion of the tenancy. [ NA ] If checked, purchase is subject to 2 >Rod >Hello, I just got this from Todd so I thought I would forward on to you >want Terra is proposing. >Parcel A >11.41 +/- acres @ $14,000 = $159,740 >Barcel B >1.38 Acres @ $14,000 = $19,320 >Parcel C >3.51 acres @ $14,000 = $49,000 > Terra will donate the remaining 3.94 acres to the city of Blair >Total $228,060 >One the second page they crossed out #2 all together- they have >approved the offer form that I have and that is what they want to use. >Please let me know as soon as you can what you want to do and I will >get >with Terra. >Thank you, >Susan >Attitude is everything... Pick a good one >Susan Grau >Century 21 Davenport and Associates >1114 4th Street >Sioux City, Iowa 51101 >712- 277 -2002- Office >712- 253 -0725- Cell >susangrau @msn.com >Licensed in Iowa, South Dakota and Nebraska 2 Rodney Storm From: Susan Grau [susangrau @msn.com] Sent: Monday, December 10, 2007 2:29 PM To: Rodney Storm Subject: RE: Terra Rod Todd said to tell you to go ahead and propose this at your council tomorrow night. The final approval has to come from Terra Seniors but he doesn't see any problems. Let me know if it is approved and I will get everything ready for you. Thanks, SUsan Attitude is everything... Pick a good one Susan Grau Century 21 Davenport and Associates 1114 4th Street Sioux City, Iowa 51101 712 - 277 -2002- Office 712 - 253 -0725- Cell susangrau @msn.com Licensed in Iowa, South Dakota and Nebraska 19 1_11 0o � 0ja(�? A -7 � D �. e >From: "Rodney Storm" <rodneys @ci.blair.ne.us> >To: "Susan Grau" <susangrau @msn.com > 'kj t p !! > Subject: RE: Terra l >Date: Mon, 10 Dec 2007 11:45:59 -0600 > Susan- Thanks for the counter offer. We would propose the following, and >have it on the Council agenda for tomorrow night, subject to coming to >an agreement. >Parcel A - Accept >Parcel B - Accept >Parcel C- The tract has 7.44 acres and according to the NRD easement >5 +/- acres is encumbered by their easement. We would propose paying >$28,000 for 2 acres and them donating the balance of the tract. >In addition with us paying the full appraised value, seller pay all >survey costs, thus eliminating 1 and 2 of page 2. On 3 of page 2, if we >are using your purchase agreement, closing would be however you deemed >appropriate. >Again thank you for your assistance and I will be looking forward to >your response. >Rod Storm >City Administrator >City of Blair >402- 426 -4191 > - - - -- Original Message ----- >From: Susan Grau [mailto:susangrau @msn.com] >Sent: Saturday, December 08, 2007 11:56 AM >To: Rodney Storm > Subject: Terra r 6 X 00, I 6 + 0 1 Rodney Storm From: Susan Grau [susangrau @msn.com] Sent: Saturday, December 08, 2007 11:56 AM To: Rodney Storm Subject: Terra Rod Hello, I just got this from Todd so I thought I would forward on to you want Terra is proposing. Parcel A 11.41 +/- acres @ $14,000 = $159,740 Barcel B 1.38 Acres @ $14,000 = $19,320 Parcel C 3.51 acres @ $14,000 = $49,000 Terra will donate the remaining 3.94 acres to the city of Blair Total $228,060 One the second page they crossed out #2 all together- they have approved the offer form that I have and that is what they want to use. Please let me know as soon as you can what you want to do and I will get with Terra. Thank you, Susan Attitude is everything... Pick a good one Susan Grau Century 21 Davenport and Associates 1114 4th Street Sioux City, Iowa 51101 712 - 277 -2002- Office 712- 253 -0725- Cell susangrau @msn.com Licensed in Iowa, South Dakota and Nebraska 1 6e of — Proposed Offer to Purchase Real Estate Seller: Terra Chemical Inc. Buyer: City of Blair Parcel A (See attached map) 11.41 + /- acres @ $12,750 per acre = $145,477.50 (Final to be adjusted based on surveyed acres) Parcel B (road corridor) 120' x 1000' (est.) = 120,000 square ft. or 2.75 acres. (approx.60' is currently road and water line, sewer line easement, leaving approx. 1.38 ac. of useable acres to be acquired.) 1.38 acres @12,750 per acre = 17,595.00 Lump sum Parcel C (Tax Lot 13 Section 5, Township 18, Range 12) This tax lot contains 7.44 acres, of which 5 +/- acres are under easement to Papio NRD for Missouri River Mitigation project. 218 South 16th Street • Blair, Nebraska 68008 • 402 -426 -4191 • Fax 402 - 426 -4195 • E-mail cityofblair @ci,blair,ne,us City proposes Terra donate entire 7.44 acres to City of Blair. City of Blair will contract with Russ Nelson, Nelson Appraisal Service, to do an appraisal of value for donation. Other considerations: 1. On tracts A, B, and tract being sold to Hanner Salvage, the City of Blair will contract with a registered, licensed Land Surveyor to prepare surveys necessary to convey the property. Surveys to be completed within 90 days of approval of purchase agreement by City Council. 2. On all tracts being sold or conveyed to City of Blair, the Blair City Attorney will prepare purchase agreement, all deeds, and etc. for approval by seller. 3. Closing will be through Washington County Title and Abstracting. 4. Title Insurance shall be split 50/50 between City and Seller. 5. City will approve a Street Dedication on the entire Tract B within 45 days of date of closing. 6. Final agreement subject to approval by the Mayor and City Council. 7. Closing within 45 days from the date surveys are delivered to City and Seller. City Administrator I1 Attached is a copy of our offer to Terra Chemical for the purchase of property down by the water plant to guarantee the ability to further expand the water and sewer plants, guarantee locations for future water and sewer mains coming back to the City, and some additional land for expansion of Optimist park parking and public access to California Bend. Also attached is a partial copy of an appraisal completed by Russ Nelson for the company showing a value for the property of $14,000 per acre. Terra has not accepted this offer at this time but we hope to hear from them yet today or Friday. If we can come to an acceptable price, we will have the purchase agreement for the meeting Tuesday night. Hopefully the offer and map will be self explanatory, but if you need more information, please feel free to contact me. lL--1 Rod Storm City Administrator e of a Proposed Offer to Purchase Real Estate Seller: Terra Chemical Inc. Buyer: City of Blair Parcel A (See attached map) 11.41 + /- acres @ $12,750 per acre = $145,477.50 (Final to be adjusted based on surveyed acres) Parcel B (road corridor) 120' x 1000' (est.) = 120,000 square ft. or 2.75 acres. (approx.60' is currently road and water line, sewer line easement, leaving approx. 1.38 ac. of useable acres to be acquired.) 1.38 acres @12,750 per acre = 17,595.00 Lump sum Parcel C (Tax Lot 13 Section 5, Township 18, Range 12) This tax lot contains 7.44 acres, of which 5 +/- acres are under easement to Papio NRD for Missouri River Mitigation project. 218 South 16th Street • Blair, Nebraska 68008 < 402 - 426 -4191 • Fax 402 -426 -4195 • E -mail cltyofblair @ci,blair,ne.us City proposes Terra donate entire 7.44 acres to City of Blair. City of Blair will contract with Russ Nelson, Nelson Appraisal Service, to do an appraisal of value for donation. Other considerations: 1. On tracts A, B, and tract being sold to Hanner Salvage, the City of Blair will contract with a registered, licensed Land Surveyor to prepare surveys necessary to convey the property. Surveys to be completed within 90 days of approval of purchase agreement by City Council. 2. On all tracts being sold or conveyed to City of Blair, the Blair City Attorney will prepare purchase agreement, all deeds, and etc. for approval by seller. 3. Closing will be through Washington County Title and Abstracting. 4. Title Insurance shall be split 50150 between City and Seller. 5. City will approve a Street Dedication on the entire Tract B within 45 days of date of closing. 6. Final agreement subject to approval by the Mayor and City Council. 7. Closing within 45 days from the date surveys are delivered to City and Seller. City Administrator COMPLETE SELF - CONTAINED APPRAISAL REPORT _ems TERRA NITROGEN CORPORATION RE: INDUSTRIAL PARK LAND BLAIR, NEBRASKA m RUSS NELSEN NELSEN APPRAISAL SERVICES, INC 710 South 19 Street Blair, NE 68008 J il l I, Russ Nelsen do hereby certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this Complete Self- Contained Appraisal Report are true and correct. 2. The reported analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, where applicable, and are my personal, unbiased professional analysis, opinions, and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to parties involved. 4. My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. 5. My analysis, opinions and conclusions were developed, and this report has been prepared in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions and Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. 6. No one provided significant professional assistance to the undersigned. 7. I have made a personal inspection of the land of the subject property and that the property owner or his/her designated representative was given the opportunity to accompany the appraiser on the property inspection. I observed the grounds and parking area on the subject property. 8. Russ Nelsen currently holds a General Certified Appraisers in Nebraska and Iowa. "X/ �f Z / Russ Nelsen Date General Certified Appraiser State of Nebraska CG 920 276 State of Iowa 506642249 IN Dill I �I .Z�� �ti Y 7_�►T1 �i I�Y11�_�l To: Terra Nitrogen Corporation RE: Industrial Park Land I have made an investigation and appraisal of the fee simple interest in the real property located at: East Dixon Street, Blair, Nebraska and submit our findings in this report. The purpose of the appraisal is to express an opinion as of October 23, 2007 of the fair market value of the real property, assuming it to be vacant and available for sale on the open market. The function of our appraisal is to estimate market value. Fair Market Value is defined as the estimated amount at which the property might be expected to exchange between a willing buyer and a willing seller, neither being under compulsion, each having reasonable knowledge of all relevant facts, with equity to both. The land, land improvements, and building have been valued as if offered in the open market for a reasonable period of time in which to find a buyer. We have assumed the property to be available for a development to its highest and best use, free and clear of all liens and encumbrances. Fee Simple Interest is defined as an absolute fee, free of limitations to any particular class of heirs or restrictions, but subject to the limitations of eminent domain, escheat, police power, and taxation. Our report consists of: A narrative report containing descriptions of the property appraised, the valuation techniques used, and a statement of the conclusion of value. Exhibits consisting of: Plat, photographs, identifying land description, building sketch (if applicable), assumptions and limiting conditions, and certificate of appraiser. I appraised on the real estate including land, land improvements, buildings, fixed building service equipment and carpeting. Excluded were furnishings, equipment, inventory and movable or personal property. I have not investigated the title to or any liabilities against the property appraised. Respectfully submitted, Russ Nelsen Nelsen Appraisal Services, Inc. Property - Terra Nitrogen Corporation Location - East Dixon Street, Blair, Nebraska Client - Terra Nitrogen Corporation Date of Appraisal - October 23, 2007 Property Rights - Fee Simple Area of Site - 884,000 SF (20.29 acres) called Zoning - Agriculture/Manufacturing Heavy Industrial Estimate of Value - $284,000 COMMENTS ON COMPARABLE SAFES As is typical for this type and size property within the city limits of Blair, these are no ideal sales available. The foregoing comparables are felt to best represent value for the subject. Bracketing of price per acre was achieved. A typical number of adjustments were needed and some were large which is also typical for properties like the subject. Sale 1 is most similar in size, but all are superior in location. Sales 6, 7, and 8 are the most dated but are located nearest to the subject. Subject 20.29 acres @ $14,000 = $284,060 Market Approach Called = $284,000 The Cost Approach and Income Approach are not applicable for reasons stated. The Sale Comparison/Market Approach is the best estimate of value when good data is available and this information can be reduced to a common unit of measurement. In this case, price per acre is the most applicable means of comparison to the subject. This approach tends to reflect value as actual transaction from the market place. The approach was the only approach in determining the final estimate of value. With consideration to all three approaches but all weight being placed on the market approach. I estimate the value of the subject property as of October 23, 2007 to be: Two Hundred Eighty Four Thousand Dollars ($284,000) -74�� /�Z_ Russ Nelsen, Certified Appraiser Nelsen Appraisal Services, Inc. 11 10 ' zie oT `^ Proposed Offer to Purchase Real Estate Seller: Terra Chemical Inc. Buyer: City of Blair Parcel A (See attached map) 11.41 + /- acres @ $12,750 per acre = $145,477.50 (Final to be adjusted based on surveyed acres) Parcel B (road corridor) 120' x 1000' (est.) = 120,000 square ft. or 2.75 acres. (approx.60' is currently road and water line, sewer line easement, leaving approx. 1.38 ac. of useable acres to be acquired.) 1.38 acres @12,750 per acre = 17,595.00 Lump sum Parcel C (Tax Lot 13 Section 5, Township 18, Range 12) This tax lot contains 7.44 acres, of which 5 +/- acres are under easement to Papio NRD for Missouri River Mitigation project. 218 South 16th Street • Blair, Nebraska 68008 • 402 -426 -4191 • Fax 402 -426 -4195 • E-mail cityofblair @ci.blair,ne,us City proposes Terra donate entire 7.44 acres to City of Blair. City of Blair will contract with Russ Nelson, Nelson Appraisal Service, to do an appraisal of value for donation. Other considerations: 1. On tracts A, B, and tract being sold to Hanner Salvage, the City of Blair will contract with a registered, licensed Land Surveyor to prepare surveys necessary to convey the property. Surveys to be completed within 90 days of approval of purchase agreement by City Council. 2. On all tracts being sold or conveyed to City of Blair, the Blair City Attorney will prepare purchase agreement, all deeds, and etc. for approval by seller. 3. Closing will be through Washington County Title and Abstracting. 4. Title Insurance shall be split 50150 between City and Seller. 5. City will approve a Street Dedication on the entire Tract B within 45 days of date of closing. 6. Final agreement subject to approval by the Mayor and City Council. 7. Closing within 45 days from the date surveys are delivered to City and Seller. City Administrator l m TERRA NITROGEN CORPORATION D' '' • 1 •. HI RUSS NELSEN NELSEN APPRAISAL SERVICES, INC 710 South 19 Street Blair, NE 68008 I, Russ Nelsen do hereby certify that, to the best of our knowledge and belief: The statements of fact contained in this Complete Self - Contained Appraisal Report are true and correct. 2. The reported analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, where applicable, and are my personal, unbiased professional analysis, opinions, and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to parties involved. 4. My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. 5. My analysis, opinions and conclusions were developed, and this report has been prepared in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions and Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. 6. No one provided significant professional assistance to the undersigned. 7. I have made a personal inspection of the land of the subject property and that the property owner or his/her designated representative was given the opportunity to accompany the appraiser on the property inspection. I observed the grounds and parking area on the subject property. 8. Russ Nelsen currently holds a General Certified Appraisers in Nebraska and Iowa. Russ Nelsen Date General Certified Appraiser State of Nebraska CG 920 276 State of Iowa 506642249 To: Terra Nitrogen Corporation RE: Industrial Park Land I have made an investigation and appraisal of the fee simple interest in the real property located at: East Dixon Street, Blair, Nebraska and submit our findings in this report. The purpose of the appraisal is to express an opinion as of October 23, 2007 of the fair market value of the real property, assuming it to be vacant and available for sale on the open market. The function of our appraisal is to estimate market value. Fair Market Value is defined as the estimated amount at which the property might be expected to exchange between a willing buyer and a willing seller, neither being under compulsion, each having reasonable knowledge of all relevant facts, with equity to both. The land, land improvements, and building have been valued as if offered in the open market for a reasonable period of time in which to find a buyer. We have assumed the property to be available for a development to its highest and best use, free and clear of all liens and encumbrances. Fee Simple Interest is defined as an absolute fee, free of limitations to any particular class of heirs or restrictions, but subject to the limitations of eminent domain, escheat, police power, and taxation. Our report consists of: A narrative report containing descriptions of the property appraised, the valuation techniques used, and a statement of the conclusion of value. Exhibits consisting of: Plat, photographs, identifying land description, building sketch (if applicable), assumptions and limiting conditions, and certificate of appraiser. I appraised on the real estate including land, land improvements, buildings, fixed building service equipment and carpeting. Excluded were furnishings, equipment, inventory and movable or personal property. I have not investigated the title to or any liabilities against the property appraised. Respectfully submitted, Russ Nelsen Nelsen Appraisal Services, Inc. Property - Terra Nitrogen Corporation Location - East Dixon Street, Blair, Nebraska Client - Terra Nitrogen Corporation Date of Appraisal - October 23, 2007 Property Rights - Fee Simple Area of Site - 884,000 SF (20.29 acres) called Zoning - Agriculture/Manufacturing Heavy Industrial Estimate of Value - $284,000 On September 16, 1992, the Appraisal Standards Board of the Appraisal Foundation issued advisory opinions on Uniform Standards of Professional Appraisal Practice (USPAP) for the referenced times. Generally, Exposure Time relates to what has occurred and is currently occurring in the market, while Marking Time is a projection of what is likely to occur in the market. These references are consistent with the appraisal of any property where we as appraisers look at what has, is and will most likely occur in issuing an opinion of value for a property. Both time periods are a function of price, time, use, and the cost and availability of funds. The primary difference between the two time periods is that for marketing time we also consider anticipated changes in market condition (trends). Assisting us in marketing estimates for the two time periods are verification of sales data such as days on the market for properties, both listed and sold, along with interviews of market participants. Understanding buyers' and sellers' motivations (financial assumptions) is primary for reasonably priced property as well as considering who the most likely purchaser will be, and how financing impacts their buying decision. Properties like the subject in Blair have varying marketing times with an estimate of marketing for the subject to be three to six months. The scope of work (as defined in USPAP) is the amount and type of information researched and the analysis applied in an assignment. Scope of work includes, but is not limited to, the following: a. the degree to which the property is inspected or identified; b. the extent of research into physical or economic factors that could affect the property; c. the extent of data research; and d. the type and extent of analysis applied to arrive at opinions or conclusion. The amount and type of information researched and the analysis applied in this assignment conforms with the expectations of participants in this market for the same or similar appraisal services and is what the appraiser's peer's actions would be in performing the same or a similar assignment in compliance with the Uniform Standard of Professional Appraisal Practice. The appraisal is based on the information gathered by the appraiser from public records, other identified sources, inspection of the subject property and neighborhood, and selection of comparable sales, listings, and/or rentals within the subject market area. The sources and data are considered to be reliable. The extent of the analysis applied to this assignment may be further imparted within the report, the Appraiser's Certification below and /or any other Statement of Limiting Conditions when Applicable. The data and information collected, verified and analyzed in this appraisal is considered to be all information necessary to solve the problem in the assignment. The methods and techniques employed to develop problem- solution indicators in the analysis of data and information is considered to be sufficient to develop a credible opinion of value. Identification of the Property. The legal description provided to the appraisals is presumed to be correct, but it has not been confirmed by a survey. The appraisers assume no responsibility for such a survey, or for encroachments that might be revealed thereby. The appraiser renders no opinion of a legal nature, such as to the ownership of the property or condition of title. The appraisers assume the title to the property to be marketable; that the property is an unencumbered fee; and that the property does not exist in violation of any applicable codes, ordinances, statutes, or other governmental regulations. Non Apparent Conditions. The appraisers assume that there are no hidden or non - apparent conditions of the property, subsoil, or otherwise comparable property. The appraiser assume no responsibility for such conditions or for engineering which might be required to discover such things. Existence of hazardous Materials. Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the property, was not observed by the appraisers. The appraisers have no knowledge of the existence of such materials on or in the property. The appraisers, however, are not qualified to detect such substances. The presence of substances such as asbestos, urea - formaldehyde foam insulation, radon gas, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. Information and Data. The information and data supplied by others to the appraisers, which has been considered by the appraiser in the valuation, is from sources believed to be reliable, but no further responsibility is assumed for its accuracy. Sketches and Maps. Any sketches included in the report are only for the purpose of aiding the reader in visualizing the property and are not based on survey. Sizes and dimensions not shown should not be scaled from the sketches. .. The effective date of this appraisal is October 23, 2007. The date of inspection is October 23, 2007. The purpose of this appraisal is to establish an accurate and defensible market value. This estimate will be of fee simple title of the subject property. This appraisal is of the real property only. PROPERTY G TS APPRAISED The property rights appraised are the fee simple title to the land and improvements, which comprise the subject property. EFINITION OF FEE SIMPLE An absolute fee; a fee without limitations to any particular class of heirs or restrictions, but subject to the limitations of eminent domain, escheat, police power, and taxation. An inheritable estate. Source: Byrl N. Boyce, Real Estate Appraisal Terminology - Revised Edition (Ballinger Publishing Company, Cambridge, Massachusetts, First Printing 1981), P. 102. OBJECT OFT E APPRAISAL The objective of the appraisal is to estimate the market value of the subject property land and improvements to the land as described in this report. DEFINITION OF MARKET VALUE The most probable price in terms of money which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated. 2. Both parties are well informed or well advised, and each acting in what they consider their own best interest. 3. A reasonable time is allowed for exposure in the open market. 4. Payment is made in cash or its equivalent. 5. Financing, if any, is on terms generally available in the community at the specified date and typical for the property type in its locale. 6. The price represents a normal consideration for the property sold unaffected by special financing amounts and/or terms, services, fees, costs, or credits incurred in the transaction. Source: Byrl N. Boyce, Real Estate Appraisal Terminolou - Revised Edition (Ballinger Publishing Company, Cambridge, Massachusetts, First Printing 1981), pp. 160 -161. HIGHEST AND BEST USE The definition of the highest and best use, as defined in the first edition of Rea_ Appraisal Terminology, published in 1975, by the American Institute of Real Estate Appraisers and the society of Real Estate Appraisers, on page 107 is stated as follows: "That reasonable and probable use that will support the highest and present value, as defined, as of the effective date of the appraisal. Alternatively, that use from among reasonable, probable, and legal alternative uses, found to be physically possible, appropriately supported, financially feasible, and which results in highest land value." The definition immediately above applies specifically to the highest and best use of land. It is to be recognized that in cases where a site has existing improvements on it, the highest and best use may very well be determined to be different from the existing use. The existing use will continue, however, unless and until land value in its' highest and best use exceeds the total value of the property in its' existing use. An analysis of the highest and best use of the subject property requires application of the principles inherent in the concept of highest and best use, employing a two -part methodology. Initially, the site is analyzed as if vacant. Those probable uses are compared as to their legal, physical, and economic viability in order to deduce that use which will provide for the highest land value. Subsequent to the aforementioned analysis, the subject property is then considered, taking into account existing improvements, and their impact to determine the highest and best use of the subject property as improved. The highest and best use for the subject property commercial industrial development. ZONING AND UT'ILIT'IES The subject lots are all zoned agriculture /Manufacturing Heavy Industrial . All normally expected utilities are available to the site including public water, sewer, power and natural gas. ECONOMIC P NCIPLES CONSIDERED Anticipation: Market value is the present worth of all the anticipated future benefits to be derived from the property. The benefits may be in the form of an income stream or amenities. Balance: The principle of balance has dual significance. When applied to an individual property, maximum market value is reached when the four agents of production -- labor, coordination or management, capital, and land -- attain a state of equilibrium. Balance works in conjunction with the principles of contribution, increasing and decreasing returns, and surplus productivity. When applied to a neighborhood, the principle indicates that market value is reached when the complementary uses of land attain an equilibrium. When the principle of balance is applied to a neighborhood, it works in conjunction with the principle of competition. Change: Market value is never constant because economic, social and government forces are at work to change the properly and its environment. Because change is continuous, the estimate of market value is valid only on the day it is made. The principle of change works in conjunction with the principle of anticipation. Competition: This principle states that when profits are being made, competition is created. This tends to dissipate excess profit, although some may remain and contribute to increased land value. Conformity: This principle states maximum market value is reached when a reasonable degree of economic and social homogeneity is expected in foreseeable future. Conformity works in conjunction with the principles of progression and regression. Consistent Use: Property must be valued with a single use for the entire property. It is improper to value a property on the basis of one use for the land and another use for the improvements. When a parcel is ready for a higher use, the improvements may still have a long physical life, but their economic life may have terminated or be negative. Contribution: The value of an agent of production (or a property component) depends upon its contribution to the whole. In other words, cost does not necessarily equal value. The principle of contribution works in conjunction with the principles of balance, increasing the decreasing returns, and surplus productivity. Special Condition Doted: The final estimated value in this report is based on the hypothetical condition that the site has no adverse environmental condition that the site has no adverse environment conditions as determined by the Department of Environmental Quality. The finial estimated value is based on an estimated lot size of 20.29 acres. The actual tract size may be different from this estimate. COUNTY DATA Blair is a city of approximately 7000 people and lies in the east part of Washington County near the Missouri River. It is within 20 miles of north Omaha and a major airport. Blair is served by four major highways and in addition is within 20 miles of two major Interstate systems. A new bridge links Nebraska and Iowa along Highway 30. A modern rail system runs though Blair as well as different spurs. The Missouri River provides for waterway transportation and shipping Therefore, Blair is a convenient location for commercial based operations. Farming and related industries are the main enterprises in the county. Areas that are not conducive to farming are used for pasture and residential acreage development, especially in the south on half of the county. Quarrying is important, especially along the river between Blair and Fort Calhoun. Washington County is located in east central Nebraska along the Missouri River which borders the county on the east. Burt County is to the north, Dodge County to the west and Douglas ounty is to the south. The county has a land area of approximately 387 square miles or 247,680 acres. Blair is the county seat, which is located along the Missouri River. The Blair area has shown recent strong growth of its residential and commercial market. Strong expansion of the commercial market has been evident over the past one year. This is due mainly to the proximity to the Cargill Corn Milling Plant and the Omaha metropolitan area. An appraisal is an estimate of value; it is an opinion of value. Its accuracy depends on the basic competence and integrity of the appraiser and on the soundness and skill by which the appraiser processes the data. Its worth is influenced by the availability of pertinent data. The professional appraiser seeks current facts and the appraiser seeks to be practical. The appraiser's opinion must be without bias. As with other types of "markets" the real property appraiser does not make the market, but rather interprets the market. The three traditional approaches to value, namely the Cost Approach, the Income Capitalization Approach, and the Sales Comparison Approach, each discussed separately below, are all comparative approaches. Their basic data comes from direct and indirect comparisons in the market, and the appraiser's judgement, which is based on market experience. The cost approach, the cost to reproduce the property at the date of the appraisal, less an appropriate allowance for depreciation (physical deterioration, functional obsolescence, and external obsolescence) is made by market comparisons of cost and depreciation. The cost approach tends to set the upper limit of value. In the income capitalization approach, the future operation experience is estimated from comparable market data. Gross rental schedules, vacancy and collection losses, fixed expenses, operating expenses, and reserves for replacements are estimated and result in an estimate of value by a capitalization process. The capitalization rate (interest rate and recapture rate) is based on demonstrated rates found in the market. The method and technique of capitalization is determined by the nature of the property in the market. In the sales comparison approach, the subject property is compared to sales of similar properties. The sales are analyzed to bring out similar characteristics to common denominators. Such common denominators may include number of units, number of rooms, square feet, front feet, or a gross rent multiplier. Where necessary, adjustments are made to allow for difference of date of sale, location, size of property, condition of property, and other factors. CST APPROACH Under the "principle of substitution ", a prudent buyer will not pay more for a property than it would cost to build another property of equal utility assuming no unreasonable delays. Various cost indexes applicable are studied and adjusted to local construction costs. These building costs have been calculated on a square foot basis, and include basic field costs (material and labor), site grading, excavation, contractor's profit, architect's fees, insurance and interim financing. Included in the estimated cost of reproduction of the improvements are the structural components plus all mechanical and electrical systems, which are an integral part of the structure. Where applicable, this includes heating, ventilating, cooling, sprinklers, and security equipment. Primary reference used was the Marshall Swift Cost Handbook and local contractors were consulted to arrive at a more precise square foot cost. Depreciation is a loss from the upper limit of value. It is an effect caused by deterioration and/or obsolescence. There are five general methods of estimating accrued depreciation, they are: (1) the capitalized income method, (2) the market method, (3) the straight -line method (also referred to as the age -life method, (4) the engineering method, and (5) the breakdown method. The first two are indirect methods while the last three are direct methods. The capitalized income method borrows from the Income Capitalization Approach and the deprecation estimate of the Cost Approach is the by- product. The method implies that the deterioration and obsolescence reduce the quality, quantity, and projected duration of the net income and reduce the indication of value by the Income Capitalization Approach and such indication becomes the basis for the estimate of depreciation in the Cost Approach. This is appropriately handled by a capitalization process within the Cost Approach or less directly in the Reconciliation of Value Indications. The market method is based on consideration of sales prices. Percentages of depreciation as established in the market place may be applied to reproduction cost. Again this borrowing from the Sales Comparison Approach may be appropriately handled in the Cost Approach or in the Reconciliation. The straight -line method estimated the effective age of the improvements, the remaining economic life, and takes the ratio between the number of years of effective age to the total of the effective age and remaining economic life. The engineering method, in effect, applies age -life methods to the individual parts of the structure. The breakdown method separates the various component parts of depreciation into (a) physical deterioration (physical deterioration curable, physical deterioration curable but not yet cured, and physical deterioration incurable), (b) functional obsolescence (curable and incurable), and (c) external (environmental) obsolescence (usually considered incurable). The appraiser has considered deprecation of the subject property's improvements by the breakdown method borrowing from the capitalized income method to measure portions of obsolescence. Because there are no improvements considered on the subject tract, the replacement cost approach will not be developed. INCOME APPROACH One approach considered in the valuation of properties is the income approach. This approach involves the relationship of anticipated cash flow to value. As a result, this approach is applicable to income producing properties such as farms and ranches. The income approach is utilized routinely in the appraisal of these properties. The income approach involves the conversion of anticipated future benefits into value. The income approach measures the quality, quantity and durability of an income stream. The most important economic principle is the principle of anticipation. The principle of anticipation states that value is created by the anticipation of future benefits. Other principles to be considered are: CHANGE SUBSTITUTION INCREASING/DECREASING RETURNS EXTERNALITIES HIGHEST AND BEST USE Logic indicates that an informed purchaser will not pay more for a property than the cost of obtaining a return of the same amount on another property having the same risk and amenities. The method most commonly applied to rural properties is the direct capitalization approach. This procedure is "straight forward" in that you divide the anticipated net income by the appropriate capitalization rate to obtain an indication of value. The challenge to this approach is developing a realistic anticipation of income based on market data and obtaining a rate which is supported by the market. Direct capitalization assumes that the anticipated income will continue in perpetuity. Over the years, a fairly standard routine has developed for application of the Income Capitalization Approach to rural properties. The steps are as follows: 1. Develop a model as to the typical operation in the area 2. Project the gross income for the property being analyzed 3. Project expenses for the property being analyzed 4. Develop an income stream for each property based on the model 5. Develop an indication of the capitalization rate 6. Use appropriate technique to estimate value Once an income model has been developed for an area, it should be applied consistently to all properties being analyzed. This analysis should provide a range in income based on differences in the size and quality of the tracts. In direct capitalization, these income streams are divided by the sale price to obtain an indication of the rate of return being accepted by a typical buyer. Because there is limited income from the subject based on its present use and also because the highest and best use is not being utilized, the income approach is not applicable and will not be developed. Because the subject in its present state is not an income producing property. The income approach is not applicable and will not be developed. The procedure of the Sales Comparison Approach arrives at an estimate of value by comparing the subject property to sales of similar properties. Under the "principle of substitution ", a prudent person will not pay more to buy or rent a property than it will cost them to buy or rent an equally desirable substitute with common denominators. Such common denominators may include a site, square feet, front feet, and acres. The subject property being appraised is compared and rated with other like properties for which market data is available. The appraiser assembles the pertinent facts about the comparable property. The major points of comparison are: (1) time, (2) location, (3) physical characteristics, and (4) economic characteristics. A sale of a property that is an exact duplicate of the subject property would be an important indication of value. In actual practice, no two properties are exactly alike. Therefore, potentially comparable sales must be assigned some common denominator for comparison with the subject property. The sales with the greatest degree of comparability are adjusted for the differences between the subject property. For example, if the comparable property sold two years ago and prices had gone up 5 %, then the sale price of the comparable would be increased by 5% to give the indication of value for the subject. If the comparable property was in a better location than the subject and this difference is estimated at 5 %, then the sale price of the comparable would be decrease by 5% to give the indication of value for the subject. The adjustments for different physical and economic characteristics are handled in the same manner. Adjustments may be by percentages or by amounts or both. Often, it is advisable to include additional sales that may not be ideal but do show upper and lower limits of value and do demonstrate a thorough study of the market. For some types of properties, sales many years old are of value and, in some instances, sales many miles distant can be significant. Closely comparable properties are sought first, but less comparable examples can build a pattern where the probable market price of the subject property may fit. The appropriate common denominator is considered to be the value per acre in applying the Sales Comparison Approach to the subject property in the appraisal. The following sales are used to develop the sales comparison approach. Legal Description: Lot 3, Skobo Acres, City of Blair Date of Sale: August, 2004 Grantor: Wright Investments Grantee: Madami, Inc. Zoning: Manufacturing, Heavy Industrial Land Size: 19.05 acres (829,818 SF) Utilities: Full Sale Price: $135,000 Price Per SF: $.16 /SF Price Per Acre: $7,087 Financing: Cash Equivalent Confirmed by; Court House Remarks: This is a slightly dated sale of a similar size tract located near the east side of Blair. It has better development potential than the subject as it has been split off and some tracts have sold. The seller was highly motivated at the time. Instrument: Warranty Deed Location: 7"' and Grant Street, Blair, NE Legal Description: TL 247, 12- 18 -11, City of Blair Date of Sale: May, 2002 Grantor: Wright Investments Grantee: Barker Zoning: Light Industrial Land Size: 8.19 acres (356,756 SF) Sale Price: $107,027 Utilities: Full Price Per SF: $.30 /SF Price Per Acre: $13,068 Financing: Cash Equivalent Confirmed by: Court House Remarks: This is a dated sale of a smaller tract that is located near sale with the same locational appeal. The seller was highly motivated at the time of sale on this tract as well. Instrument: Warranty Deed Location: East 1 St Street, Blair, NE Legal Description: Tax Lot 275, 7- 18 -12, City of Blair Date of Sale: September 19, 2005 Grantor: Lippincott Grantee: McKinnis. Zoning: Manufacturing/Light Industrial Land Size: 8.83 acres (384,635 SF) Utilities: Full Sale Price: $170,000 Price Per SF: $.44 /SF Price Per Acre: $19,253 Financing: Cash Equivalent Confirmed by: Court House Remarks: This is a slightly dated sale of a smaller tract located near the east side of Blair. It has since been improved with a large commercial shop. Location is superior. Instrument: Warranty Deed Location: Deerfield Ave Legal Description: Lot 3A, 2B Deerfield Subdivision Date of Sale: 6 -29 -06 Grantor: JCM Investments, Inc. Grantee: Blair Community Schools Zoning: Multi Family Residential Land Size: 8.8 acres Utilities: Full Sale Price: $479,160 Price Per SF: $1.25 Price Per Acre: $54,450 Financing: Cash Equivalent Confirmed by: Court House Remarks: This is a sale of a smaller tract that was purchased for construction of a school. It is superior in location by approximately .50 per square foot. Date of Sale: 10 -20 -06 Grantor: Rasmusen Grantee: Berg Zoning: Ag/Highway Commercial/Residential Land Size: 61.56 acres Utilities: Full Sale Price: $1,300,000 Price Per SF: $.48 /SF Price Per Acre: $21,118 Financing: Cash Equilvalent Confirmed by: Court House Remarks: This is a recent sale of a large tract with superior locational appeal being near the southwest part of Blair in an area of developing commercial property. After being purchased, the site has had extensive site prep work. to prepare for commercial development. These additional dated sales are also given some consideration. Instrument: Warranty Deed Location: North side of Blair, south of Highway 30, and north of Cargill plant facility Legal Description: Tax Lot 17, in Section 8, Township 18 north, range 12, and TL 153, 154 and 40 in section 7, township 18 north, range 12, in section 7, township 18 north, range 12, all located east of the 6 th PM, Washington County, Nebrasak. Date of Sale: November 30, 2000 Grantor: Gateway Development Corporation, a Nebraska corporation Grantee: Jeffrey B. Farmham, Trustee Zoning: Manufacturing, Heavy Industrial Land Size: 19.05 acres (829,818 SF) Utilities: Full Sale Price: $357,000 Zoning: A -1, Agricultural District No. acres: 42.05 acres Price Per Acre: $8,490 Financing: Cash to Seller Remarks: Sale land is lower in elevation. City utilities are available. � ��` �' ['. � ♦ � � :� � `fir Instrument: Warranty Deed Location: East Blair Legal Description: Tax Lot 188 in section 7, township 18 north, range 12 east of the 6 PM, Washington County, Nebraska. Date of Sale: June, 2002 Grantor: John Bauman II Grantee: Jain Industries, Inc. Zoning: 12 -MH Land Size: 11.97 acres Sale Price: $150,000 Price Per Acre: $12,531 Financing: Cash Sale Remarks: Good potential Instrument: Warranty Deed Location: Northeast side of Blair, south of Highway 30. Legal Description: Tax Lot 154 in section 7, township 18 north, range 12 east of the 6 PM, Washington County, Nebraska. Date of Sale: November, 2000 Instrument Number: Book 326, Page 802 Grantor: Larry L. & Beverly J. Hansen Grantee: Gateway Development Corp. Zoning: 12 -MH Land Size: 40.55 acres Sale Price: $324,400 Sale Price Per: $8,000 Financing: Cash to Seller Remarks: Located near the Cargill plant. City utilities are available. MARKET APPROACH ADJUSTMENTS TABLE (20.29 acres) # Sale Price Size Size Price /acre Sale Date Time Utilities Site Size Access Location Adjusted Price 1 135,000 19.05 7,087 8 -04 +750 -500 = -200 -1,000 6,137 2 107,027 8.19 13,068 5 -02 +100 -500 -1,000 -200 1,000 11,368 3 170,000 8.83 19,253 9 -05 +500 -500 -1 -200 -1,000 17,053 4 479,160 8.8 54,450 6 -06 200 -500 -1,000 -500 22,000 30,650 5 1,300,000 61.56 21,118 10 -06 100 -500 +5000 -1,000--10,000 14,718 6 357,000 42.05 8,490 11 -00 +2000 -500 +3000 -200 -500 12,290 7 150,000 11.97 12,531 6 -02 +1000 -500 -900 -500 -500 11,131 8 324,400 40.55 8,000 11 -06 +1000 -500 +5000 -200 -500 12,800 Range High = $30,650 /acre Range Low = $6,137 /acre Average Adjusted Value = $14,518 /acre Average Adjusted Value After Removing Highest and Lowest = $13,227 /acre Called $14,000 /acre As is typical for this type and size property within the city limits of Blair, these are no ideal sales available. The foregoing comparables are felt to best represent value for the subject. Bracketing of price per acre was achieved. A typical number of adjustments were needed and some were large which is also typical for properties like the subject. Sale 1 is most similar in size, but all are superior in location. Sales 6, 7, and 8 are the most dated but are located nearest to the subject. Subject 20.29 acres @ $14,000 = $284,060 Market Approach Called = $284,000 Replacement Cost Approach Not applicable Income Approach Not applicable Market Approach $284,000 The Cost Approach and Income Approach are not applicable for reasons stated. The Sale Comparison/Market Approach is the best estimate of value when good data is available and this information can be reduced to a common unit of measurement. In this case, price per acre is the most applicable means of comparison to the subject. This approach tends to reflect value as actual transaction from the market place. The approach was the only approach in determining the final estimate of value. With consideration to all three approaches but all weight being placed on the market approach. I estimate the value of the subject property as of October 23, 2007 to be: Two Hundred Eighty Four Thousand Dollars ($284,000) Russ Nelsen, Certified Appraiser Nelsen Appraisal Services, Inc. r-ai Th table following is the appraisal process we follow in developing opinion of a defined standard of value of an interest in real estate. It is presented here to assist the reader gain a better understanding of the necessary steps undertaken in forming a supportable opinion of value, as ; defined. MOM of the Problem intended Identification Description Assumptions Identification use of of real Identification of Purpose of _ •befinition Effective date of• of scope of and limiting of the Client appraisal estate property rights appraisal -of value Appralsaureport appraisal conditions Prelimina Anal sls and Plan: Data SeleZend ction M arket Anai sis Sub ect Pro a Com etltive Pro ertles General & immediate Market Area: Property Analysis: Comparison Analysts: Demand Components SWImprovements Sales Supply Components Size Rentals Trends Age and Condition Costs Forecasts Locatom Elements of Comparison Legal (Me, Use) Units of Comparison HI hest a nd. Best Use fl lnl'on Land-as I Vacant and Available Property as Improved (Odsting or Proposed) Existing Use of the Real Estate Use of Real Estate Wlected in the Appraisal D ®veto merit•of indicators of Land Value As Defined Subdivision Allocation Sales Comparison Development . 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STA T 801 �� WDA jli' It zz 1v (WIV 7 - A '- it f 7-- -^� `� SECT 90 AJMH AGRICULTU INDUSTRIAL ANA' MANUFACTU D ISTRICT 902.01 INTENT: The intent of the A/MH Agricultural/Heavy Industrial and manufacturing district is to provide space for the widest range of industrial operations pennitted in the City, for those industrial uses which are able to meet certain performance standards to protect nearly non - commercial and nonindustrial uses from undesirable environmental conditions. Residential and _ other similar uses are prohibited from this district in order to limit environm ntal effects associated '�itli certain corzirnercial� and industrial uses; izrespecfive of t�ieit zneetrng p�foa�rance standards: — — For the puiposes of Section 77 -1343 R.R.S. Neb. the predominazat use for this district is agricultural and horticultural uses. 902.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted as uses by right except when located within 500 feet of any Residential District, in which case a conditional use permit will be required: (1) 'Wholesale, storage and warehouse uses; (2) Signs subject to SECTION 1114 of this Ordinance; (3) Agriculture, Horticultural (crops only); (4) Automobile service stations; (5) Rental and lease establishments, outside and .inside storage; (b) Any industrial use which, in the judgement of the City Administrator, can meet the performance standards for this district set forth in SECTION 1115.02 of this Ordinance, provided such use is not specifically prohibited. 902.03 PBRIY41TTED ACCESSORY USES AND.STRUCTURES: (1) Accessory uses and structures normally apputtenant to the permitted uses and structures and to uses and structures permitted as exceptions; (2) Offices, retail stores and watchmen's living quarters incidental to and on the same site with an industrial use. (3) Wireless Telecommunications Towers. (Mote: See Section 1102.02 for regulations regarding Wireless Telecommunications Towers and Facilities.) 902.04 EXCEPTIONS: (1) Anhydrous An nonia Plants City of Blair Zoning Regulations Article 9, Section 902, page 1 (' (2) Impound Lots if screened on all sides by a solid fence, masonry wall or a compact growth of natural plant materials not less than six (6) feet in height. (3) After the provisions of this Ordinance relating to exceptions have been fulfilled, the City Council may permit as exceptions and uses which are consistent with the intent of this district and which is not prohibited in accordance with Article 14 of this Ordinance. 902.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of Article 14 of this Ordina th following regulations shal apply as minimum requirements for granting exceptions_ in the MIS heavy Industrial and Manufacturing District. (1) All uses shall meet or exceed the performance standards set forth in SECTION 1115.02 of this Ordinance; (2) 'Where a site adjoins sn R Residential' District, a solid wall, or fence, vine- covered open fence or compact evergreen hedge, six (6) feet in eighth shall be located on the property line except in a required front yard. (3) A use not conducted entirely within a completely enclosed structure, on a site across a street or alley from an R Residential District, shall be Screened by a solid wall or fence, vine- covered open fence or compact evergreen hedge, not less than six (6) feet in height. (4) Storage of liquid petroleum products or chemicals of a flammable or noxious nature in excess of twenty-five thousand (25,000) gallons, shall not be, located closer than fifty (50) feet from any structure intended for human habitation or closer than two - hundred (200) Feet from any R Residential District. (5) Not less than five (5) feet of a required yard adjoining a street shall be landscaped and permanently maintained, excluding areas which are required for access to, doors, openings or other loading facilities. 902.06 PROHIBITED USES AND STRUCTURES: All residential dwellings of any kind, and all other uses and structures which are not specifically permitted, cannot meet the performance standards of industry set forth in SECTION 1115.02 of this Ordinance or which are not permissible as exceptions, shall be prohibited. 902.07 MINIMUM LOT REQUIREMENTS: No limitations except for the following: Driveways shall have a maximum grade often (10) percent. Driveways and curb cuts shall be located not less than three (3) feet from the side lot line on city property. Curb cuts for straight curbs and the flare for rolled curbs shall be three (3) feet wider than the driveway pavement on each side. 902.08 MINIMUM YARD REQUIREMENTS: (1) Front yard: There shall be a minimum front yard of not less than a depth of one - hundred (100) feet from the center line of a Federal Aid - Primary or Federal Aid - Secondary designated street City of Blair Zoning Regulations Article 9, Section 902, page 2 or highway or thirty -five (35) feet from the property line whichever is greater. On.all other streets or highways there shall be a minimum fxont yard on not less than a depth of twenty (20) feet from the property line. These yard requirements shall apply to any yard abutting a Federal Aid - Primary and Federal Aid - Secondary designated street or highway regardless of the lot being an interior or corner lot. (2) hear yard: The minimum side yard abutting an R Residential District shall be twenty -five (25) feet, five (5) feet when property does not abut a residential district. (3) Side yard: The minimum side yard abutting an R Residential District shall be twenty -five (25) feet, five (5) feet when property does not abut a residential distract. (4) Distance between structures: The minimum distance between principal structures shall be twenty (20) feet. (5) An additional set back requirement to all other minimum rear, side, and front yard requirements for antennas and transmitting structures shall be minimum setback requirement equal to the height of said antenna or transmitting structure. Additionally no antenna or transmitting structure shall be located within a distance equal to the height of the tower of any utility transmission lines serving the premises other than lines exclusively serving thepremises upon which the tower is located. (6) YARD REQUIREMENTS FOR ACCESSORY BUILDINGS: (A) Side yard - Unless specifically permitted, no accessory building shall be located closer than five (5) feet from the side property line except when property abuts any Residential District(s) an accessory building shall be a minimum of twenty -five (25) feet from the side property line, and/or ten (10) feet from any other building, whichever is greater and no accessory building shall be located within any easement or right-of-way long the rear property line. (B) Front'Y"ard -No accessory building shall be located between the front building line of the principle building and the front property line. (C) Rear Yard - Unless specifically permitted, no accessory building shall be located closer than five (5) feet from the rear property line except when property abuts any Residential District(s) an accessory building shall be a minimum of twenty - five (25) feet from the rear property line, and/or ten (10) feetfrom any other building, whichever is greater and no accessory building shall be located within any easement or right -of -way along the rear property line. 902.085 ADDITIONAL SETBACK REQUIREMENTS — CREEKS/WATER COURSES: In addition to any other minimum yard requirements,.no structure shall be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance. City of Blair Zoning Regulations Article 9, Section 902, page 3 .I uv,uugSw� vvu1e1 414UFvww uwu a wviaw a a6v i vt v apstgts + uSTATS Washington County, Nebraska Washington People MapStats County Nebraska Population, 2002 estimate 19,211 1,729,180 Population, net change, April 1, 2000 to My 1, 2002 431 17.917 Population, 2000 18,780 1,711,263 Population, percent change, 1990 to 2000 13.1% 8.4% Population under 5 years old, 2000 1,207 117,048 Persons under 6 years old, percent, 2000 6.4% 6.6% Persons under 18 years old, 2000 5 1 086 4 50,242 Persons under 18 years old, percent, 2000 �^ 27.1% 26.3% Persons 65 M old and over, 2000 2,42 232,195 Persons 65 years old and over, percent, 2000 12.9% 13.6% Female persons, percent, 2000 50.3% 50.7% White persons 2000 (a) 18,427 1,533,2 61ack or African American persons 2000 (a) 63 68,541 American Indian and Alaska Native persons, 2000 (a) 38 14,896 Asian persons, 2000 (a) 55 21,931 Native Hawallan and Other Pacific islander persons, 2000 (a) 21 836 Persons reporting some other race, 2000 (a) 57 47,8 Persons renorUnsa two or more races, 2000• 119 23,953 Persons of Hispanic or Latino on in, 2000 (b) 202 u4,4Zo White p ersons, pe rcent, 2000 (a) 98'1% 89'.R. Black or African American persons, percent, 2000 (a) 0.3 4.0% American Indian and Alaska Native persons, percent, 2000 (a) 0.2% 0.9% Asian persons, percent, 2000 (a) 0.3% 1.3% Native Hawaiian and Other Pacific Islander, percent 2000(a) Persons'reporUng some other race percent, 2000 (a) Persons rep2rt!N two or more races, percent, 2000 Persons of•His'panic or Latino origin, percent, 2000 (b) 0.1% 0.3 % 0.6% 1.1% z 2.8% 1.4% 5.5% Births, 1997 206 23,319 !)eaUu;1997 166 4 15,282 173 Infant deaths, 1997 LIA29 in some house in 199.5 and 2000, pct age 5 +, 2000 56.6% 54.7% Foret n bom persons, percent, 2000 1.6% 4.4% Language other than English. spoken at home, pct +.2000 3.2% 7.9% Hl h schooi' radtiates, percent of.persons age 26 +, 2000 89.7% 86.6% Bachelor's degree or higher, pct of persons age 25+, 2000 22.7% 23.7% Persons with a disability, age 6+, 2,528 250,534 Mean travel time to work (minutes ).Morkers age 16+,,2000 22.8 18.0 "7,618 738,870 Housing units, 2002 1 Housing units, net change, Apol.12000 to July 12002 Housing units, percent,change, April 12000 to July 12002 2.8 ° / . , 6% 2% 2 2.2% 77.2% 67.4% Nnmenwnnr rata. 2000 a value of 01 olds. 2000 Median housenofo income, wys $21,055 $19,613 Per pita'rnoney Income, 1999 X084 161.269 Persons below . verty,1999 6.0 %, 9.7% Persona below Do vertY , percent, 1999 Cusiness.11tiapStats Personal income, 2000 (,' Personal income per cap Washington County Nebraska 571.818 47,318,704 9nnn 30,393 httn�// wrv+ v. fPrlet: ate.onv /nf %etatec /31 / .11177.hfml 315 /04 wasnmgton Uounty mapatats from P'ea ;tats Page 2 of 2 Full -time and part-time employment by place of work, 2000 10,032 1,186,945 Full -time and part-time employment, net change 1990 to 2000 2,806 192,317 Employment in government, 2000 1,639 162,203 Earnings, 2000 283,815 34,274,334 Average earnings per job, 2000 $28,291 $28,876 Private nonfarm establishments with paid employees, 2001 500 49,710 Private nonfarm establishments, percent change 2000 -2001 4.2 %. 0.2% Total number of firms, 1997 - 138,762 Minority -owned firms, percent of total, 1997 F 3.3% Women -owned firms, percent of total, 1997 23.0% 24.1% Manufacturers shipments, 1997 ($1000) '' 372,125 27,859,177 Retail sales, 1997 ($1000) 233,886 16,529,333 Retail sales per capita, 1997 $12,740 $9,981 Housing units authorized by building permits, 2002 99 9,278 Value of new private housing units, 2002 ($1000) 13,486 1,025,300 Farmland, 1997 (acres) 219,165 45,525,414 Federal funds and grants, 2002 ($1000) 80,516 11,582,600 FIPS Code 177 31 (a) Includes persons reporting only one race. (b) Hispanics may be of any race, so also are included In applicable race categories. Figures are in absolute numbers unless otherwise Indicated. FN: Footnote on this item for this area in place of data NA: Not available D: Suppressed to avoid disclosure of confidential information X: Not applicable S: Suppressed; does not meet publication standards Z: Value greater than zero but less than half unit of measure shown F: Fewer than 100 firms Source: Bureau of Economic Analysis, Bureau of Labor Statistics, National Agricultural Statistics Service, National Center for Health Statistics, U.S. Census Bureau Metadata powered by Datable Last Revised: Monday, 02- Feb - 200415:44:04 EST - - - - - -- - �...... vuwauvva va VV111111ViVV HOME About the Chamber Economic Development Chamber Members Events Calendar Community Information Relocation Packet Contact Us Blair Area Chamber of commerce One B/airftce -1526 Washington Street Blair, Nebraska 68008 (402) 533 -4455 . Washington County Facts Ranked #1 County in Nebraska for Highest Median Home Value Ranked #2 County in Nebraska for Highest Median Household Income Ranked #5 County in Nebraska for Highest Percentage Population Growth County Covers 390.5 Square miles '9,211 People Live in Washington County ,2002 estimate, MAPA) Blair County Seat (Population 7,689) $48,500 Median Household Income $21,055 Per Capita Personal Income 11,282 People In The Labor Force 2.6% Unemployment Rate $100,003,258 2002 Net taxable sales $43,958,592 2002 Building permit valuations $114,300 Median home value (2000 US Census) Blair Area Chamber of Commerce Page 1 of 1 Horne of Dana College ® Government Services City & County Government, Law Enforcement & Fire Protection ® Health Services Medical Facilities, Health Services & Senior Care ® Education Public Schools, Dana College, Vocational Schools & Other Educational Institutions ® Arts & Activities Theatre, Museum, Omaha Arts, YMCA, Sports, Outdoor Activities ® Attraction's Parks & tourism destinations Media • Cable Television - HunTel Cablevision provides various cable t.v. packages with choices from a basic package to various movie channel options. • Radio - Dana College has a radio station, KDCV, iocaied at 91.1. • Newspapers - Local newspapers are the Pilot- Tribune, published every Tuesday, and the Enterprise, published on Thursday. They have a circulation rate of 5,175. The Omaha World - Herald is a daily paper with a circulation of over 4000 within the county. @20 Blair Area Chamber of Commerce mail @BlairChamber.org http:// www .blairchamber.org/community.asp 1/16/2006 Click Map to Enlarge COMPANY Blair Community Schools 140 S 16" — 426 -2610 Crowell Memorial Home 245 S 22n'— 426 -2177 Pinnacle Teleservices 231 S 9" — 533 -8000. Dana College College Drive — 426 -7200 Enterprise Publishing 138 N 16" — 426 -2121 Good Shepherd Home 2242 Wright - 426 -3377 Great Plains Communications 1635 Front- 426 -9511 HunTel Systems 1605 Washington — 533=1000 Mid- Amercia Computer Co 111 Admiral Dr — 426 -6222 Memorial Community Hospital 810 N 22n — 426 -2182 Sid Dillon Chevrolet 1762 Washington — 426 -4121 Taylor Oil Company 1904 South 426 -9505 Two Rivers State Bank 310 Eastgate Drive — 426 -9500 US Bank 1865 Washington — 800 - 846 -4646 Washington County Bank 1523 Washington — 426 -2111 Wash. Co. Courthouse 16` and Colfax — 426 -6822 Woodhouse Ford/Chrysler South Hwy 30-426-4126 Nursing Home Telemarketing Education Newspaper Printing Nursing Home Regional -National International Regional Regional Telephone Home Office Cable TV Regional Telephone Home Office Cable TV Regional Computerized National Billing Systems Health Care Regional Dealership Regional Convenience Stores Regional Financiallnstitution Regional Financial Institution Regional Financial Institution Regional County Government Local Dealership Regional 120 46 so 10 135 40 35 16 106 65 90 5 122 5 200 160 111 45 12 8 16 3 10 52 4 87 200 533 -4100 Concrete Equip. Co. Concrete Batch (Con -E -Co) 237 N 13" 426 -4181 D.L. Blair Sweepstakes Promo. 1548 Front Street 426 -4701 DeSoto Engineering Precision Machine 1225 Lincoln Street Components 426 -5555 Ft. Calhoun Nuclear Electricity Power Plant Hwy 75 426 -4.151 Ft. Calhoun Stone Co. Limestone 7001 Highway 75 Crushed Rock Fort Calhoun, NE 468 -4380. Jebco Machinery 108 S 12`' Manufacturing 426 -3131 Kelly Ryan Equip. Co. Farm Machinery Easy Hwy 30 426 -2151 Nebraska -Iowa Wholesale Petroleum Supply Company Products 1143 Lincoln 426 -2171 Terra international Fertilizer Industrial Road 426 -4164 International 220 National 130 30 International 19 3 Regional 630 Regional 30 International 11 International 50 Regional 17 National 17 %1AA Li11VVl VL t:V111111G1UG HOME About the Chamber Economic Development Chamber Members Events Calendar Community information Relocation Packet Contact Us Blair Area Chamber of commerce One ftlf /ace -1526 Washington Street Bleir,'Nebraska 68008 (402) 533 -4455 Blair Area Chamber of Commerce Page 1 of 1 Home of Dana College City GOvemment'httP,//wwwblafrnebraska.org/ Blair is a First -Class City governed by a Mayor /Council form of government. Eight Council members are elected by popular vote; two representatives from each of Blair's four wards. The Mayor is also elected for a four -year term. Day -to -day operations are the responsibility of the City Administrator, an appointed position, httP://WWW.CO.WaShington.ne.us/ shington County is Comprised of Seven townships. One )ervisor is elected to the governing board for a four -year term each township. Law Enforcement Police Department Full Time Officers: 15 Part-time & Reserve: 4 Chief of Police: Appointed by the City Council Animal Control 1 Sherifrs Department http : / /www.huntel. net/wcso/ Washington County Sheriff. Elected to 4 year term Chief Deputy 1 Investigator 3 Road Deputies g Dispatchers 7 full -time Part Time/ Reserve 110art-time For more information visit their website. Fire Protection The Blair Volunteer Fire Fighters Association is staffed by sixty dedicated volunteers. They serve both rural and residential Blair and are participants of Fire and Rescue Mutual Aid to surrounding communities. @2005 Blair Area Chamber of Commerce htt ww w .blairchamber.org/govemment.a mall@F 1/16/2006 - • !, . . �+�1 • %. t - ; n Yom' ' ^� "r �n � � � t�� �L [y� ' • 4,y3,f. ' :% ;; ,,. '♦ �; � �JS Y ».v ;: .'� ni l r:�'• '�a `• 4r �•A' .�.•;i7 �: Jt7f;4�j' ;•`�k `;� "� }�,.�t.Y.�y�♦'+,�. ;..•• ;.�.:~'':y.� SeW •�' .f. .:. l x{,92 F•µ fY ?� : ',,lF':. »:� ..' .' ?•� :' : V '0. .GJr.A :S` • a7,'; .• • •.,i, i .. a ft %:.i �Ti: x: }s t: . ay .if r;�•,' ws. ^ •�•.: *r`• . .:l.. ;,1 rrt ' J i.i:'r ..J,�. •• � y � °"' � rryY'" .i '' ♦',\'.•:' .fir•.$;• 's �� f' / s.'L`'�' ,,.2'1 e' � "i • % -' j ;1 �`. +\4•Y1.. :'.i:i(:,. ''t�- Z •Y A .t% r "\ T� .��;' • 'f �'ti1:� "� r HOhVMY 133 ea ..�,•,' l' i' 'iJ:t: :� :1 � \' :x' ♦L ..t. ^' 'w. r.f ' 1 ' � ' % J i.�' •• \r .•1•• OTI IN ' jy ? ... .: ;:: .: ;. a � 4 f:. , l' v i•.' ',.vr:. ». «.il::. N ••. .. • . ' 1. • ` � i y :.�� :. ' .. r'ti.,: , .:k:;...w ja�v',r.,tr E'° ..l .. {:• .�;. =�`. rR: •.tM1' 'r.•, .,;5, c ._,. :•�•. �y� .r, ;, tVt:,i. • ;Y. }Ja �ij(,Z:% r'i:• ♦�,' '� • ,!:fJ .'r'$$ St'y " •h ,J . ii,u:'a; rf7; t1rr�'.'. i }�Tfk�l' r r.Y ? :1�" ' .. .. : ; �,•, •, 7� 1 y ' :j S w it •. 1•.,. ,..}}} .. � ' • LLB.: .1' / .; • ♦ ' cd.•� 1 _ '• ` • • tt,a is ••�• i .•'! H'Y •,•� �� f `1W •' MSS' J S1��V � < C, r k f • ::c �• J i b �ter� ,l I e IIIIAIIi SY ��fVAdr PA 9A.�rAPP•t11 Ata J4 �':hw ul..! r4\ j_t 1.•.•..r Population by Sax 20,615 % 22 = S bau 24 96 • base -Male 10,1 '10,9M � 11,9e7 . 4 Pernale.: 10,61 . -61 11, 61 IZ317 51 20,61 % bolsi 22,28.1 bm 24, % base 0 to 4 years 1.6% 8% 1,81 2,1 . - Sto.Oyerats ' 107 8% 1,6W 796 1,81' 10to 14 yearn 1,623 7% 1,674 7% 1,601 15to 19.years 1; 1;61 1, 20 to 24 years 1, 1, . 1, 25 to 29 years 1, . 1, . ' 1, 7 30- to 34-years 1,55 I 846 % •35to39years 1;761. •9;635 1, . 40.to.l4.years 1 1,701 •1; . -45 to48•years 1,498 7% 1,618 7 1, 7 504054 years • 1, 1 ;571 1;72- 554o SJ years OW 5 1 1,621 Wto 04 yesrs 733 4% 9D3 • 4eA (;9 5 66#o 8'9.years 61 3 .675 ' 70 to 74 years. '651 76 to 79 years 4.1 60to.84 years 247 1%. 1 1 85-years and over 192 1 23t . 1 22 1 Median Age - 34.4 $4. 34. Pooi6 20,616%bue 2Z281%bm 24,284 4 96 ba o rwe 20, 2 Z= Oft ,, . Wi te. 18; 91' ; 20; .. 91 01'1 91% Black 1, Amerkan.IndlaN ka• . . Asian 244 1 1 1 i- magwf/ Padfio Islander 9 tic 0% 11 Sorne fterRaw 9 1 .181 •1• - 1 Two•o�RACr® Race 9 9 '28. 1 H or In 385 %Bm 643 ? 768 9b One•racoe 3W4 G 91 While 1 4 Black 7 7 Amerker),IndfaWROO N 1 Asian 4 1 1 1 -HaWa ilarl/AlaskaNaffm Smiwo. f r :Race 131 34 Two or More :Rooes 35 6 1 1 o 15to:24 Yeats 62 2 to3.4years 1, 35�t® 1s 45. #a:'3�ears 1,551 5Mo 64y. r= 1,01 65to-T *years 721 75:to � * 4yeara .85years•and'a w 11 t&dian.Age of Hous diokler 45.1 WveMarded 3 +g LM 10,11 $10OOOto S 14;999 2 3 4: Q $�S,UOO,to$19;9 $20j0a0 to,$24,999 $25 41' $30,OOU.to.$34;M 4 $35,WOUA39;989' $40,ODO to $44,999 $45,000to$49,999 $59;9, $60 Wit ®$74999 1,2 $75,0001009,OW 1;01 .$100,000'to $125;flOQ to x'199,999 9f • ;000�nd•rnrer a 1' Median Househoid4r ne •$59,1! q`► hrtusd' � Per• lnome . WveMarded 3 +g .Now [tied 10,11 ,epar�ted 4 17, 1 1 1 I U ' 1•,1'(. 9 1,17 1 1,701 1 : -GqVPle' am , -14 . . 1 116 pAf.wtma . Y-1 , 31 - NorkaldY ': dieflead tqotarAj 'FaT • .y. mw aj6,& v Mwtt chUdmn -M -&Ou*fan*y 4,7 c LW6 an We 2 LoneftreOWWO .Lone-Wo-Househdder 661 Y .k ico m 6,71 161 1.94 $20MO tO $24i999 257 $25,WDtO'-$29-999 27( - $30,OD.0 to.$3 40! $40,0,0-0AO$,",9W 331 $45,00010 $49;9W TO $50,4Q0.to459,9W 1,08 $6.0,000to.$74W .89 46 .$loot "9 poto:$1-2 4, $200,090 and over Med.lap1m*WOOM $59,7E M.-U Wmholds.b.Y zj� 2 uszo $2D . 0 0 $0, $5o;W--to•$59.9W �o, 04749M. - -4. 't16o.000-to:$I99; $2DO;'O 4, i 3.7' 2,7 .1 I Date: 10/19/04 Current Geography Selection: (1 Selected) Places by Alpha: Blair city Population Demographics 1990 1990 to 2000 Projection 2004 2000 2009 Census 6.8% Census Percent Change Estimate 1990 2000 2004 2009 1990 to 2004 to 453 Census Census Estimate Projection 2000 2009 Total Population 6,958 7,512 7,908 8,379 8.0% 6.0% Population Density 1,492.1 1,611.0 1,695.8 1,796.8 8.0% 6.0% (Pop /Sq MI) White 6,863 98.7% 7,319 97.4% 7,701 Total Households 2,597 2,871 3,052 3,265 10.5% 7.0% Population by Gender: Male 3,305 47.5% 3,610 48.1% - 3,812 48.2% 4,050 48.3% 9.2% 6.2% Female 3,653 52.5% 3,902 51.9% 4,096 51.8% 4,329 51.7% 6.8% 5.7% Population by Race /Ethnicity 1990 1990 to 2000 Projection 2004 2000 2009 Census 6.8% Census 25.1% Estimate 10.7% 0. to 4 430 6.2% 470 Percent Change 453 1990 5 to 14 2000 15.0% 2004 14.0% 2009 12.2% 1990 to 2004 to 8.6% Census 8.9% Census 8.6% Estimate 509 Projection 700 2000 2009 White 6,863 98.7% 7,319 97.4% 7,701 97.4% 8,153 97.3% 6.6% 5.9% Black 46 0.7% 34 0.5% 37 0.5% 42 0.5 % - 26.1% 15.2% American Indian or 15 0.2% 21 0.3% 23 0.3% 25 0.3% 39.7% 8.7% Alaska Native 508 6.4% 75 to 84 431 6.2% 388 5.2% . ; 402 5.1% 85+ Asian 18 0.3% 44 0.6% 45 0.6% 49 0.6% 151.3% 8.4% Some Other Race 16 0.2% 27 0.4% 30 0.4% 35 0.4% 72.2% 16.5% Two or More Races 67 0.9% 72 0.9% 75 0.9% 3.6% Hispanic Ethnicity 36 0.5% 108 1.4% 161 2.0% 239 2.9% 201.8% 48.1% Not Hispanic or 6,921 99.5% 7,404 98.6% 7,746 98.0% 8,140 97.2% 7.0% 5.1% Latino Population by Age Percent Change 2009 1990 1990 to 2000 Projection 2004 2000 2009 Census 6.8% Census 25.1% Estimate 10.7% 0. to 4 430 6.2% 470 6.3% 453 5.7% 5 to 14 1,044 15.0% 1,048 14.0% 962 12.2% 15 to 19 595 8.6% 668 8.9% 679 8.6% 20 to 24 509 7.3% 700 9.3% 964" 12.2% 25 to 34 1,002 14.4% 856 11.4% 991 12.5% 35 to 44 1,011 14.5% 1,077 14.3% 945 12.0% 45 to 54 654 9.4% 982 13.1% 1,019 12.9% 55 to 64 559 8.0% 599 8.0% 726 9.2% 65 to 74 516 7.4% 489 6.5% 508 6.4% 75 to 84 431 6.2% 388 5.2% . ; 402 5.1% 85+ 201 2.9% 237 3.1% 257 3.3% Percent Change 2009 1990 to 2004 to Projection 2000 2009 567 6.8% 9.3% 25.1% 895 10.7% 0.4% -7.0% 622 7.4% 12.2% -8.4% 1;023 12.2% 37.5% 6.2% 1,242 14.8% - 14.6% 25.3% 808 9.6% 6.5% - 14.6% 1,036 12.4% 50.1% 1.6% 928 11.1% 7.0% 27.8% 581 6.9% -5.2% 14.3% 436 5.2% -10.0% 8.5% 241 2.9% 17.9% -6.3% N Median Age: Total Population 34.0 35.1 33.9 33.2 Households by Income $0.$15,000 $15,000 - $24,999 $25,000 - $34,999 $35,000 - $49,999 $50,000 - $74,999 $75,000 - $99;999 $100,000- $149,999 $150 1990 Census 650 25.0% 604 23.3% 367 14.1% 522 20.1% 279 10.7% 91 3.5% 29 1.1% 39 1.5% Average Hhld $34,050 Income Median Hhld Income $26,240 Per Capita Income $12,865 Employment and Business Age 16 + Population In Labour Force Employed Unemployed In Armed Forces Not In Labor Force Number of Employees (Daytime Pop) Number of Establishments Emp in Blue Collar Occupations Emp in White Collar Occupations Housing Units Total Housing Units Owner Occupied Renter Occupied Vacant 1990 Census 5,390 3,551 65.9% 3,414 96.1% 138 3.9% 3 0.1% 1,839 34'.1% 2000 Census 383 13.3% 427 14.9% 413 14.4% 509 17.7% 616 21.4% 300 10.5% 195 6.8% 29 1.0% 2004 $51,;118 Estimate 2609 392 12.9% 401 13.1% 431 14.1% 495 16.2% 670 22.0% 362 11.9% 252 8.2% 48 1.6% $47,903 $51,;118 Percent Change 2609 $ 44,019 1990 to 2004 to Projection $ 20,415 2000 2009 394 12.1% -41.1% 0.3% 353 10.8% -29.3% -12.0% 448 13.7% 12.4% 4.0% 464 14.2% -2.6% -6.3% 695 21.3% 244.5% 3.7% 460 14.1% 229.4% 26.9% 353 10.8% 565.1% 40.2% 98 3.0% -25.8% 104.9% $47,903 $51,;118 $50,336 40.7% -1.5% ' $41,552 $ 44,019 $49,216 58.4% 11.8% 42.3% 3.5% $18,308 $19,728 $ 20,415 2000 Census 5,874 4,238 72.2% 4,057 95.7 181 4.3% 0 0.0% 1,636 27.9% 2004 Estimate 6,373 4,608 72.3% 4,407 95.7% 201 4.4% 0 0.0% 1,765 27.7% 5,102 440 1,567 38.6% 2,490 61.4 Percent Change 2009 2004 1990 to 2004 to Projection 3,240 2000 2009 6,809 28.9% 903 27.9% 9.0% 6.9% 4,921 72.3% 19.3% 6.8% 4,707 95.7% 18.8% 6.8% 214 4.4% 31.5% 6. 0 0.0% - 100.0% N/A 1,889 27.7% -11.0% 7.0% 2009 Projection 3,460 2,342 67.7% 923 26.7% 195 5.6% 1990 Census 2,750 1,819 66.2 779 28.3% 154 5.6% 2000 2004 Census Estimate 3,043 3,240 1,991 65.4% 2,149 66.3% 880 28.9% 903 27.9% 172 5.7% 188 5.8% Percent Change 1990 to 2004 to 2000 2009 10.7% 6.8% 9.5% 9.0% 12.9% 2.3% 12.0% 3.7% Vehicles Available Percent Change 2004 1990 2000 2004 to Census Census Average Vehicles 2009 1.80 Per Household 1.80 1.70 0 Vehicles 193 5.9% - 21.2 Available 222 8.2% 175 6.1% 1 Vehicle Available 852 31.4% 1,002 34.9% 2+ Vehicles 3.2% 7.3 % Available 1,642 60.5% 1,695 59.0 2004 2009 1990 to 2004 to Estimate Projection 2000 2009 1.80 1.90 =9.8% 7.1% 183 6.0 %c 193 5.9% - 21.2 5.3% 1,057 34.6% 1,129 34.6% 17.6% 6.8 %, .1,811 59.3% 1,943 59.5% 3.2% 7.3 % Marital Status Percent Change 2004 1990 2009 2000 1990 to 2004 to Census Census Age 15+ Population 5,478 6,487 5,994 6,911 Married, Spouse 6.5% 3,357 51.8% Present 3,154 57.6% 3,141 52.4% Married, Spouse 8.5% 760.2% 30.1% Absent 44 0.8% 380 6.3% Divorced 398 7.3% 501 8.4% Widowed 565 10.3% 476 8.0% Never Married 1,321 24.1% 1,495 24.9% Percent Change 2004 1990 2009 1 2000 1990 to 2004 to Estimate Projection 2000 2009 6,487 4,626 6,911 Grade K - 8 9.4% 6.5% 3,357 51.8% 3,441 49.8% -0.4 %0 2.5% 452 7.0% 588 8.5% 760.2% 30.1% 506 7.8% 531 7.7% 25.9% 4.9% 550 8.5% 619 9.0% - 15.6% 12.5% 1,622 25.0% 1,732 25.1% 13.2% 6.8% Educational Attainment Percent Change 2004 1990 2009 1 2000 199Q to 2OO4to Census Census Age 25+ Population 4,373 4 4,626 5,299 Grade K - 8 350 8.0% 263 5.7% Grade 9 - 12 455 10.4% 290 6.3 % High School 348 6.6% - 36.1% 11.1% Graduate 1,757 40.2% 1,602 34.6% Some College, No 23.7% 1,252 23.6% Degree 756 17.3% 1,087 23.5% Associates Degree 240 5.5% 224 4.8% Bachelor's Degree 636 14.5% 821 17.8% Graduate Degree 182 4.2% 279 6.0% No Schooling Completed 60 1.3% Percent Change 2004 2009 199Q to 2OO4to Estimate Projection 2000 2009 4 5,299 5.8% - 18.3% 353 7.3% 395 7.5 % - 25.0% 11.9% 313 6.5% 348 6.6% - 36.1% 11.1% 1,701 35.1% 1,871 35.3% -8.8% 10.0% 1,150 23.7% 1,252 23.6% 43.8% 8.9% 235 4.8% 256 4.8% -6.7% 9.2% 829 17.1% 888 16.8% 29.2% 7.1% 269 5.5% 288 5.4% 53.6% 6.9% Current year data Is for the year 2004, 5 year projected data is for the year 2009. More About Our Data. Demographic data 0 2004 by Experian /Applied Geographic Solutions. P ER® BY SW DemographicsNow is brought to you by SRC, LLC. © 2004 All Rights Reserved 3.1 General Market Area The general market area for the subject property is the Omaha- Council Bluffs Metropolitan Statistical Area (Omaha - Council Bluffs MSA). The Omaha - Council Bluffs MSA is made up of Cass, Douglas, Sarpy, Saunders, and Washington Counties in Nebraska and Harrison, Mills, and Pottawattamie County in Iowa. Omaha, Council Bluffs, Bellevue, and Papillion are major, cities in the MSA. According to the U.S. Bureau of Census, the census population for Iv as of rely 1, 2004 was 803,801. The number of households in the Omaha-Council Bluffs MSA increased by 1 3.97% from 240,149 on 4/1/90 to 273,700 on 1/1/00, according to the 2000 Consumer Preference Study: Demographics and Shopping Patterns by Omaha World - Herald. Total annual nonfarm employment decreased by 4,984 persons or 1.2% from 425,067 in 2003 to 420,083 in 2004. The near -term employment outlook is one of stability or modest growth. The unemployment rates were 2.5 %, 3.2 %, 3.8 %, 4.5 %, and 4.3% in 2000, 2001 2002, 2003, and 2004, respectively. The Omaha - Council Bluffs MSA has a substantially diversified nonagricultural employment base. . According to Nebraska Department of Labor employment data, the following table shows the proportions of total nonagricultural employment in 2004. Industry Seotor. (Non Farm) Year 2004 % Manufacturing 31,465 7.49' Nat Res, Min & Const 23,755 5.65 Wholesale Trade 18,996 4.52 Retail Trade 48,881 11.64 Trans, Warehousing, Util 25,059 5.97 Jnformatiou 13,174 3.14 Financial Activities 36,955 8.80 Prof & Business Services 57,046 13.58 Educational and Health Service 58,124 13.84 Leisure & Hospitality 38,868 9.25 Other Services 14,577 3.47 Government _ 53,183 12.66 Total 420,083 100.00 Household Effective Buying Income. According to the Sales and Marketing Management. Survey of Buying Power, the median household e#3Fective buying income grew by 2.81 % from $39,934 in 2004 to $41,050 in 2005. Retail Sales. The graph below, based on retail data gathered from Sales and Marketing Management: Survey of Buying power, shows trend in retail sales in the MSA. Retail Sales Trend ($000) $13,000,OOC $12.500,000 $12,000,000 $11,500,000 $11,000,000 $10,500,000 V zVVI zooz 2003 2004 2005 2006 Residential Building Permits. Total residential building 4,880 (2001), 5,703 (2002), 6,370 (2003), and 6,400 (2004). The a erage number of permits durin the period is 5,816 units. g In conclusion, the Omaha - Council Bluffs Metropolitan Statistical Area (Omaha- Council Bluffs MSA) is growing and has a diversified economic base. The demographic and economic trends are positive. These positive socioeconomic trOud$ are expected to continue into the foreseeable future and have at least a stable -to- positive impact on the use and value of real estate in the ractropolitan area. MU L T I-PUOPOSE SUPPLEMENTAL ADDENDUM FOR FEDERALLY RELATED TRANSACTIONS This Mul"Urpoee SupplemeMai Addendum is for use with any appraisal. only those statsmonts which have been checked by the apll"dsar apply to the property b®Ing appraised. ® PURPOSE & FUNCT OF APPRAISAL The purpose of the appraisal b to estimate Ute market value of the subject property, as defhed harsh, The function of Ure aDDralsat Is to assist ate abovenamed Lander""'" the subject gropecry War iandh(r ptrposes. This is a Rderatiy ratatod bansa ® EXTENT OF APlKMXAe pA nr_ecc ® The appraisal u based on the WorrttaUat gaUtered by Ute appraiser from W� , other identltled sources, hspectlon of Ute subject properly and and seloctlm of WnVW" sales WMh Ute subject muket area. The orlglnal source of the ean parables is shown h file Data Source section of the maricett akxt0 wflit Ute sowts or U astable The odghal spurts is pesettted first The sources and data are consklerod rabble Whm hfom"M was provided the sauce deemed most rabble has been used. Data beCeved to be unreUa6le was not Included 61 the report nor used as a basis torthe value cottdusdan ® The Repr'o4U tt Cost is based on Marshall and Wit Coat Handtwok SuDAtelnmted by the appraisa's know(edgs of tl� focal market ® Phy, depadatlon Is based on the estimated effective ape of Ute subject properly. fun'ebw ands Wernal depredatbn, U present, Is specbiC* addressed h Ule appraisal report aUt� addenda h esthtatkq Ufa sfte value, the appraiser has retied on personal knowSedge of the k7cal marlret ibis knowledge Is based on pior and or mot W*sis of 3b sales and/or abstraction of sh vaktes from sales of improved properties. . ® � f reasat, the hcome Approach property Is k cared r n ach was not t used an area u$A ovrt>er occupied *0 f2* reside= and the income Approach Is not co Wdered to be memV,01. ❑ The Estimated Market Rent and Gross Rent MWUpler uMed in the inane Approach are based on Ute appralser's knowledge of the subject market area. The renal krtevAedge h based on pdo arxyo currwtt rental rate surveys of residenUa► Dropertles. The Gross Rent MWUpikr Is based on prior and/or current analysis of prices and market rates to restdendai propertias. ❑ For hco m produchg properties, actual rents, vacancies and 'W= have 00 reported and at*ed. They have-been used to project future rents, vacancies and qertses. ® SUBJECT PROPERTY OFFERING INFORMATION Atcordh0 to PU the subject DroDerly ® has nor teen oRerad rot sate h the past ❑ 3o days ❑ 1 year ®3 years. ❑ is autltyb wd forsate fo S ❑ MWO fo sals wdUdn the past ❑ 30 days ❑ 1 year ❑ 3 years ro S ❑ Ofterhg htannatlon h the that racortci9aatlprt of value, ' Offerhg hfomaatlon was not ova ,et<t W in Use ftnat reconelift of value. ❑ Offering hfortnatlan was not The reasons for wavaiabk and Ne steps taW by the appraiser. are explahed later In this addendum. FEMA FLOOD HAZARD DATA ❑ $object property 1 h a FEMA SpecW Rood ffaz N Area [� �ble� DroDarN l to a FFMR SDedal Rood IlazaM Aroa. � � � q t � � O The h rho National Flood hsutance Program ❑ The c MIN''* in the Nab' W Flood titans Program ❑ h is coverod by a Wdar t>ro0ram. ❑ it is cov ered by an ow program, Pape 1 of 2 Form MPA2 TOTAL for Whdmvs' appraisal software by a la mode. Inc. — 1- M-AIAMODE t�so Addettdlm fo federaty Related Transactions was WW standards and ofd Fe0@ral wed to Dr�e the appraiser With a conventent way to Comply with the Current ftmixatt (ors) tlto of TnW klsurance � oft Of the Campboler of Currency (OCC), The Oft of Thrift . �DOraUat (RTC), and the federal Reserve. P age #1 N CURRENT S CONTRACT ®The subject property lu sxlrrenty rat under rarrbacP. ❑ the coldlact ancffar escrow knsWdions wets rat avaeanle for ravlew The unav Mllity of the contract Is expl" later In the addenda sectlon. ❑ The catiractendfor escrow hst u*ns The toCowlnq sumrnartzes the contract Contmot Dato Amondm d date • Contract Price salter ❑ The contract kal4cated that pereonal property ' in the sale ❑ The eo*Wt mated that posornal property was it conslstod of Estimated oonwwzy value is $ ® Personal pro" mm not inclilded In the final Yaks ewnl*. ❑ Personal pr " h the that value esikrxite. ❑ The contract kldlCaled no MamW concessions or other incentives. ❑ The contract hdlcated ft.fob ft canal S a m or Incentives: ❑ N concessions or IncmW strap, the comparabtas were checked for suntan concessions and approptiate aostrmts were made, u applicable, so that the final value concluslorl Is In compu = wkh the Market Value defined hah. { 29 MARKET OVERVIEW hdudeenexplanstonofameotmarket conditions and tr ends. � 2-5 The local real estate market. ►�1 t I QMONAL CERTIFICATIO (1) fie analyses, opinions and eon�ons were developed, and Ws report was prepared, tn'canformily wRh the Unuonn standards of Professional AW4W Practice (d1SPAP7, except that the Departure Protiis m of the USPAP does not apply. (2) ' Is not contln* upon the rep ft of pred W**d value or d odm h value that favors the cocas of tine cusA the amount of the yaks estimate„ thaattatruw of a suputated MSS orb ocaurence of a subsequen<evont. (3) This appraisal asstpnnent was not based on a requested mW= valuation, a spelt Yaludm, or b approval of a loan. f♦► -1 The value e38rnated is.based on the assumption that the property k not neg** affected by the adstetnce of hazardous substances or detdmental etwtroumW man unless otherwise stated h this report The appraiser N not an oW In the lderffiCauon of hazardous substances or detrimental arvUwunmW eondfttooa. The appraiser's routine inspection of and Nuktes about the subject properly dld not develop arty INomxitlon exit Indicated any apparent sign%M hazardous substances or debGnental m*owma conditions which would affect ft property negadvety unless oMUO stated In uds report ft is possh(e that tests and kispecttom made by a quaMed hazardous substance and envfro aortal CW would reveal the &*W ee of hazardous substances or dekirnenkl emkonmental coram.on or around the property that would negauvetyy effect its value. ADOMO *Z� iE & 1LICENSEICERTIFICATIOA s v Effective Date Apprafsee's Nam UCe) Phone # State Date Prepared Tat ID # Page 2 of 2 romp MPA3 TOTAL for Windows' appraisal software by a la mode. hc. — 1.8*&WOOE APPRAISAL AND REPORT IDENTIFICATION This appraisal conforms to m of the following definitions: ® Complete Appraisal (The actor process of estimating value, or an opinion of value, performed without invoking the Departure Rule.) ❑ Limited Appraisal (The act or process of estimating value, or an opinion of value, performed under and resulting from invoking the Departure Rule.) This report is = of the following types: ❑ Self Contained (A written report prepared under Standards Rule 2 -2(a) of a Complete or UmIted Appraisal performed under STANDARD 1.) . ® Summary (A written report prepared under Standards Rule 2 -2(b) of a Complete or Umhed Appraisal performed under STANDARD 1.) ❑ Restricted (A written report prepared under Standards Rule 2.2(c) of a Complete or Limited Appraisal performed under STANDARD 1 for client use only:) Comments on Standards Rule 2 -3 I certify that, to the best of my knowledge and belief. • The statements of fact'.. contained in this report are true and correct • The reported analyses; opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions and conclusions. • I have no (or the specified) present or prospective Interest in the property that Is the subject of this report, and no (or the specified) personal Interest with respect to the parties Involved. • I have no bias with respect to the property that is the subject of this report or the parties invohred with this assignment • My engagement in this assignment was not contingent upon developing or reporting predetermined.results. • My compensation for completing this assignment Is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the oliemt, the amount of the value opinion, the al lnment of a stipulated result, or the occurrence of a subsequent event directly related to the Intended use of this appraisal. • My analyses, opinlons conclusions were developed and this report has been prepared; in conformity with the Uniform Standards of Professional Appralsal Comments on Appraisal and Report Identification Note any departures from Standards Rules 1 -2,1- 3,1-4, plus any USPAP- related issues requiring disclosure: 'a APPRAISER: =� g a Sigrmhrre: -� Nara: Russ L. Nelsen Date Sig ned: tt° -, " State Certigcauon #: CG 920'276 or State Ueense #: State: Nebraska Expiration Date of Certification or Ucense: 12-31-OZ SUPERVISORY APPRAISER (only if required): Signature: Name: Data Signed. State Certification #: or Slate Ucerm #: State: EWratlon Date of Certification or license: ❑ Did ❑ Did Not Inspect Property Nelsen Appraisal SWM, Inc. Russ Form ID3 — 'TOTAL for wind W appraisal software by a la mode, Inc. —1 -800 &WODE PURPOSE OF THE APPRAISAL The purpose of this appraisal is to provide an opinion of market value to the subject property as defined in this report on behalf of the referenced client as the intended user. SCOPE OF WORK The scope of work (as defined in USPAP) is the amount and type of Information researched and the analysis applied in an asslgnnrent. Scope of work includes, but is not limited to, the following: a. `the degree to which the property is inspected or Identified; , b. the extent of research Into physical or economic factors that could affect the property; c.. the extent of data research; and d. the type and extent of analysis applied to arrive at opinions or conclusions. The amount and type*of information researched and the analysis applied in this assignment conforms with the expectations of participants in this market for the same or similar appraisal services and is what the appraiser's peer's actions would be in performing the same or a.simllar assignment in compliance with the Uniform Standards of Professional Appraisal Practice. This appraisal is based on the information gathered by the appraiser from public records, other. Identified sources, Inspection of the subject property and neighborhood, and section of comparable soles, listings; and /or rentals within the subject market area.7he source and data are-considered to be reliable. The extent of the analysis applied to this assignment may be further imparted within the report, the Appraiser's Certification below and/or other Statement of Limiting Conditions and Appraiser's Certification such as may be utilized within the Freddie Mac form 439 or Fannie Mae form 1006b (dated 6/93) when applicable. The data and information collected, verified and analyzed. In this appraisal is considered to be all Information necessary to solve the problem in Jhe assignment. The methods and techniques employed to develop problem- solution indicators in the analysis of data and information is considered to be sufficient to develop a credible opinion of value. USPAP mandates that each written appraisal report must contalma signed certification that requires each appiralser to certify that he or she has or has not made a personal Inspection of the property. The extent and depth of the inspection process vary with -the type of property appraised and the conditions of the.appraisal. For the purpose of this assignment a full exterior and or interior.inspection of the property and improvements was completed and that the performed Inspection is considered to be sufficient to satisfy all of the requirements of the applicable standards rules. RECONCILIATION OF THE QUALITY AND QUANTITY OF THE INFORMATION ANALYZED: Although no appraisal conclusion is guaranteed, USPAP allows'for different levels of rellabliit.y In real property appraisals. This appraisal is the highest level of reliability as it does not invoke the Departure Rule and is a Complete Appraisal. Although the level of reliability may vary, the degree of credibility may not. The appraiser must take Into account the quality and quantity of the data and Information available and the applicability and, suitability of the analysis completed. The'objective of the reconciliation process is to reach final opinions and conclusions that are.credible. BEFINMON OF 1#KET VALUE: The mhostprobabia price whkh a property shou}d bring h a compobtive and open mharkst under aQ condmons mqulslth to a fah sate, the buyer and seder, each acting prodenty, kmowiedge *vA Lwf o the trice is not affected by undue stnuius. Imptcit In ft ddMm is the cawnvnaUm of a sale as of a specifted date and the passing of tme from seder to buyer under con0ahs00W. (1) buyer and seder are typk"motivated; (2) both panes are wed Wombed or vnd advised. and.each acting in what he ootulders his on best Nterest (3) a reasonable ttme is atowed W Mom in the open market (4) payment Is made N teams of cash In U.S. dogars or in lerms of0nanetal anangerrcerots comparable thereto; and (5) the price represents the nomhal conWelaton for the property-sold Unaffected by WA or creaWa fk"Ing or sales concessions* granted'by anyone associated with the sale. • Adjusbneras to tle woparabies must be made for special or ueative floanchv or sales concessions. No ad(ustrrhenls are necessary for t costs w" am noor4 pid by wrists as a result of traditlon or law In a maftt area; these costs are really tdentlttabie since the WW pays these costs k, virdhady aD sates transactlons. Sp%W or txeatvetTrhanckhg adfustrnenis Can be roads to the comparable f l y by corrom to to DeN wm offered b y a M party 4ebtattonal lender that rs not already Involved In the M to dollar amount of a y adjustrnentshould apprm =W the r 's rOaft to 0 n r i MIN or st o � t � t on appraWs "ernaht STATE MENT OF'LIMITING coNniTIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITiNG CONDITIONS: The appraiser's eertfl eaton that appmIn to appraisal report issub jectto the following 1. The appraiser A not be responslblo for matters of a legal nature that affect efther the properly the N appraised or the tore to IL The appraiser assumes that the tftle Is good and marketable and, therefore, wD not render any opinions about the btie. The propelfy Is appraised on the bass of ft being under rasp m'ble ownership. 2. The appraiser has Pt led a sketch M the appraisal report to show ap mdmats dkne &m of the Vhhprovements and the sketch Is Included only to assist Ute reader of the report H visthaddrhg the properly and tuhderstandl V to appraisers detenninatlom of Ks she. 3. The'appra�er has exart>bhed the avalabie deed maps that are provided by the Federal anetgeocy Mwg mCnt Agency (or other data sources) and has noted th te.apprafsat repot whether the arb�ctstte b boated h an &M Spacial Rood Hazard Area. Beoauso the appraiser Is not a surveyor, he or she makes m quaraotes% express or (rrpted, Muff Ws deterrn6tatom. 4, The *miservA rot give tes&M or appear in covet because he or she made an appraisal of the properly In question, unless $petite anarhgernerhts to do so have bear made beforehand. 5. The appraiser has estimated the value of. the Land H the cost apprsach at ds hlphesi and best use and are tmadd t they are value. These separate vivatlons of the land and improvements must not be used in conjuneton wish any other appraisal and & The appralw to noted in the appraisal report any adverse condW (such as, needed repairs, dep the presence of hazardous wastes, tardc substances, etc.) observed during the khVectlah of the subject property or that he or she became aware of &W the romW research Involved In performkhg the 'appraisal Unless otherwise stated In the appraisal mA the appraiser has no k w4edgs of any i ldden or unapparent cor>dftlons of the property or adverse erhvlorwne W condmons "udtng the presence of hazardous wastes, to* substances, etc.) that would make the property more or less valuable, and has assu med that the are no such ccrdftlan and mak es no guarantees of war ranties, exp ress or impdad, regardin the om of th e properly. The Coram � t e a p l not an ow in the W f emhauna W h=it appraisal reportt mu st t be considered as an such envlrore MW asssssrnaht of the properly. 7. The appraiser owned the WomWA with 08, and op ohm t atwere wessed'h the apprasal report from worts$ that he or she confiders to be reBabb and belerres them to be We and wrrect the appraiser does rat asuuha respons @My f the accuracy of such dens that were famished by other 3. The appraiser wig not dlscbse the coolants of the appraisal report WOO as proWed for In to Urlorm Standards of Protsssbnai Appraisal Practice. 9. The apprafsu has Chased ids or her appraisal report and MOM Conclusion for an appraisal that b subject to sat sfactory completlon, repairs, or aiteraom on the assthmpton t compmon of the lmaovernerhts A be pedamed In a worlonandke manner. 10. The appraiser roust pro" his or her p dorwn'ften consent before t terrier fit spe06 In the appralsal report can mstribute the appraisal report keg c mclu cluslons about the property wahre, the appraisers Idandty arM professbnal desipnatlarhs and references to a profeWonal appraisal organiratbrhs or the.ltrm with %ft the appraiser b assocated) to anyone other than the borrower; the nwrtgagee or Its successors and assigns; the meagage Insurer; eonsultarht9; Professional appraisaf organTmUm % any state or federally approved ftnwW Uhstf m or any deparq mt, agency, or WhmentaW of to UAW States or any state or to Oistdct of CoUnbla: Mpt that too feeder /Clsdt may dfsf�te b properly �t(ptla0 s2Cifon of foe impel only to data Coudw or rem" SWUM wothart havUhg WOW the appraisar's poor written consent. The appraisers vmtten cormt and approval must also be obtained before the appraisal can be Conveyed by anyone to the pubdc through advertstrhg, pubtic relattons, news, sales, or other media. ft& Mac Form 439 6-93 Page 1 of 2 tennis Mae Fomn 10048 6.93 Nelsen Appraisal Smites Form ACR — 'TOTAL 2000 for ftdW appraisal software by a la node, Inc. —1.500 X MODE APP SER'S CE PICATIOAI: The eertEesandWessmat SUPT RVI3 ®RT P ER'S CE ICA7IOR: fi a stt�rvfsaH 1gnW ft aOPM ' he °f she cerM and agrees mat wm me sfatewts and cVOJsbns ci me aw, tw, I dlceCUy ms vfio 4 7 above. and am ta1�g � forifie appraisal and the appraisal agreaiobebaturdbyfhe s ADDRESS OF PlROPERTV APP SED: SUPERVISORY APPRAISER (only It requleed): Hama: Oats S M4 Stab camwo +r C. a60 UCeose aR State: FVWm Dais of CerlAcatbn or lJcensb D'A ® Oil No K PMP* M Pap 2 I=AM= 'TOTAL for WM rs° appW MUM biaTrade,br_- 1,8*AL"DE � o « � \ � . # m Qk� Ll Russ Nelsen 710 North 19u' Street Blair, Nebraska 68008 (402) 426.8020 — Business (402) 426 -8021 Fax Nebraska Appraiser's License, General Certification #CG 920276 Iowa Appralserfs Licehse, General Certification #6066422249 Nebraska Real Estate Broker License #801093 Dana College, Blair, Nebraska, Bachelor of Science in Business Administration, 1 University of Nebraska at Omaha. Degree in Land Use Economics, 1979. Continuing Education (Broker and Appraisall, Nebraska Real Estate Commission. Various N.A.I.F.A., American Institute and S.R.A. seminars, Including Uniform Standards of Professional Appraisal Practices. 1986 - Present Nelsen Appraisal Services, Inc. - President Appraisal area Includes all of Nebraska and western lowa.�, Am presently on HUD panel for Washington, Burt, Thurston, and Cuming Counties. Qualified as expert and furnished testimony in County and District Court, First Bank - Blair, Omaha, Nebraska Omaha Federal Credit Union - Blair, Nebraska -Professional Mortgage Service - Plattsmouth, Nebraska Washington County Bank - Blair, Nebraska PARTIAL Li 7 OF OTHER t LE T , Arlington State Bank - Arlington, Nebraska American Family Pinancial Services - Omaha, Nebraska Bank of Elkhorn - Elkhorn, Nebraska Bell Federal Credit Union - Omaha, Nebraska Commercial Federal Savings & Loan - Omaha, Nebraska Conservative Savings Bank - Omaha, Nebraska C & W Railroad - Chicago, Illinois Douglas County Bank & Trust - Omaha, Nebraska Enterprise Bank - Omaha, Nebraska Farm Credit Services - Omaha, Nebraska First Mortgage Corp - Omaha, Nebraska First National Bank - Omaha, - Nebraska First American Savings Bank - Omaha, Nebraska Susan Anderson - Omaha, Nebraska Brown and Brown - Omaha, Nebraska Gregory Drew - Blair, Nebraska Tyler Gaines - Omaha, Nebraska William Gast - Omaha, Nebraska James Gotschall - Omaha, Nebraska Robert Hillis - Fremont, Nebraska L is e First Bank - Blair, Omaha, Fremont State Bank - Fremont, Nebraska Fort Calhoun State Bank -Fort Calhoun, Nebraska Lenders Service, Inc. - Pittsburgh, Pennsylvania Lincoln. Federal Savings Bank - Fremont, Nebraska Norwest Bank - .Omaha, Nebraska Omaha National Bank - Omaha, Nebraska Omaha State Bank - Omaha, Nebraska Omaiia Public Power District - Omaha, Nebraska Onawa State. Bank - Onawa Iowa Packers National Bank - Omaha, Nebraska State of Nebraska Union Bank & Trust - Lincoln, Nebraska Washington County Johnson and Mock - Blair, Nebraska Robert Mullin - Omaha, Nebraska Wyman Nelson - Blair, Nebraska John O'Hanlon - Blair, Nebraska John Samson - Blair, Nebraska Jon Sedlacek - Blair, Nebraska Patrick Tripp - Omaha, Nebraska Alabama, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Minnesota, Mississippi, Missouri, Nebraska REGISTER Or DEEDS USE a.00 � 3 S ?s � �ecoraea " STATE OF NEBRASKA COUNTY OF WASHINGTON)6S ENTERED IN NUMERICAL IN EX ANA FILED FOR RECORD General Numerica THIS 21'1 DAY OF A.D. 2Oj2Z AT-3. O. ;LOCK -9—_ AND ECORDED IN BOOK Photostat 3 AT PAGE 4 �Li Praoteo c._. COUNTY C RK Iry DEPUTY M n m in m_ {a -x — EASEMENT CALIFORNIA BEND SECTION 1135 ENVIRONMENTAL RESTORATION PROJECT For and in consideration of TWENTY THOUSAND DOLLARS ($20,000.00) and other valuable consideration received, TERRA NITROGEN, LIMITED PARTNERSHIP (hereinafter referred to as the "COMPANY ") hereby grants to the PAPIOTMISSOURI RIVER NATURAL RESOURCES DISTRICT (hereinafter referred to as the "DISTRICT "), and its successors and assigns, and their officers, agents, employees and contractors, a permanent and assignable easement (hereinafter referred to as "the EASEMENT ") in, on, under, over and across the tract of land in Washington County, Nebraska, known as Tract No. 102 E -2 and described as follows, to- wit:. A tract of land located in the SWI /4 of the SW1 /4 of Section 5, Ti3N, R12E of the 6"' P.M., Washington County, Nebraska, being more particularly described as follows: Referring to the Northwest corner of said SWI /4 SW1 /4; thence N 87 °19'42" E, 161.30 ft, on the North line of Tax Lot 12 in said SWI /4 SWI /4 to the Northeast corner of said Tax Lot 12 and the point of beginning; thence S 2 °12'36" E, 952.3 ft+ on the East line of said Tax Lot 12 and its Southerly extension thereof to a point 375.73 ft North of the South line of said SWI /4 SW1 /4; thence East, parallel with and 375.73 ft. North of the South line of said SWI /4 SWI /4 to the West high bank of the Missouri River; thence Northerly on the West high bank of the Missouri River to the North line of said SWI /4 SWI /4; thence S 87 °19'42" FINAL easement 06.28.02.doc 1 43 W on the North line of said SWI /4 SWI /4 to the point of beginning, containing 5 acres more or less, (hereinafter referred to as the "EASEMENT AREA. "). Pursuant to the EASEMENT and subject to reserved rights of the COMPANY hereinafter expressed: 1. The DISTRICT shall have the permanent and exclusive rights to a) design, construct, operate, maintain, repair, manage, control, regulate, patrol, redesign, reconstruct, revise, relocate and replace channels, side channels, sloughs, diversions, pools, basins, wetlands, wells, siphons, gravel beds, cobbles, boulders, pipes and other temporary and permanent devices, works, structures, improvements and features (hereinafter referred to as "THE IMPROVEMENTS ") in the EASEMENT AREA as the DISTRICT in its sole discretion determines desirable for fish and wildlife enhancement; b) direct, redirect, increase, attenuate, adjust, affect or control the volume and flow of water, flood water, and sediment within and through the EASEMENT AREA; c) establish, eradicate, control and harvest vegetation, animals, fish and other flora and fauna in the EASEMENT AREA; d) dredge, excavate, mine, borrow and fill in the EASEMENT AREA; and e) take such other actions in the EASEMENT AREA as the DISTRICT, from time to time and in its sole discretion, determines desirable for fish and wildlife habitat enhancement. 1. Neither the DISTRICT or its permittees, nor the Company or its permittees, shall have the right to permit or allow the general public or any member thereof to enter or use the EASEMENT AREA, or any part thereof, for hunting, fishing, or other recreational use, or for any other purpose which is not directly related to the exercise of the rights granted to the DISTRICT or expressly reserved to the Company, or other designated persons, by the provisions of this instrument. However, nothing stated herein shall he construed to prohibit or restrict the right of passage or other 1- -W-Ful use by members of the general public on those parts of the EASEMENT AREA that are now, or upon implementation of the IMPROVEMENTS will become, navigable waters. 2. Except as otherwise expressly reserved in paragraph 4 below, neither the COMPANY nor any of its permittees, shall make any structural use of the EASEMENT AREA; or excavate, bore, drill, mine, borrow or fill in the EASEMENT AREA; or harvest any fish or wildlife or other fauna or flora from the EASEMENT AREA; or use the EASEMENT AREA for any agricultural, commercial, industrial, recreational or other purpose. FINAL casement 06.2$.02.doc ? M �-'- , 3. Subject to the COMPANY obtaining all required permits therefor The COMPANY may install, maintain, use, repair, modify and replace conveyors, hoses, pipes, and other conduits, and appurtenances thereto, for the transportation of solid, liquid or gaseous barge cargo and other materials through the air space over the EASEMENT AREA, after approval in writing by the General Manager of the DISTRICT of the COMPANY'S written plans therefor, such approval not to be unreasonably withheld or delayed, and the COMPANY thereafter to be responsible for maintaining such improvements in accordance with such approved plan and to be solely responsible for the risk of loss thereof from any cause whatsoever. The air space over the EASEMENT AREA shall remain unobstructed by the COMPANY to such height as will allow the usage by the DISTRICT of construction and maintenance machinery within the EASEMENT AREA, except as may be reflected in plans approved by the_'Oeneral Manager of the DISTRICT. Except as otherwise expressed or necessarily implied herein, this EASEMENT shall not be construed as limiting the COMPANY'S right to install, maintain, use, repair, modify and replace dolphins, bollards, platforms, winches, and other barge docking or barge handling equipment or facilities, and appurtenances thereto (or conveyors, elevators, wires, hoses, pipes and other machinery, conduits and devices, and appurtenances thereto, for the handling and transport of solid, liquid or gaseous barge cargo and other materials), in or on any portion of the COMPANY'S property outside of the EASEMENT AREA. 4. In exercising its reserved rights, the Company shall not prohibit, impede, or restrict the right of passage or other lawful use by members of the general public on those parts of the EASEMENT AREA that are now, or upon implementation of the CALIFORNIA BEND SECTION 1135 ENVIRONMENTAL RESTORATION PROJECT will become, navigable waters. 5. Any amendments to this instrument will be subject to approval of the CORPS OF ENGINEERS. Additional Provisions The EASEMENT shall be subject to the following additional provisions, to -wit: A. The consideration recited herein shall constitute payment in full for all damages sustained by the COMPANY or its successors and assigns by reason of the DISTRICT's exercise of any of the rights or privileges herein expressly granted or reasonably implied. B. The COMPANY waives further compliance by the DISTRICT with the notice and other provisions of the Uniform Procedure for Acquiring Private Property for Public Use (Sec. 25 -2501, R.R.S. 1943, et seq.) C. The EASEMENT shall be deemed to run with the land and shall be binding upon and inure to the benefit of the parties to this instrument and their successors and assigns. FINAL easement 06.23.02.doc 3 4 1-1 uj � D. The COMPANY, for itself and for its successors and assigns, covenants and agrees that it is the owner of the EASEMENT AREA and that it has good right to convey the EASEMENT over the same; and that it will warrant and defend the DISTRICT's title to the EASEMENT against the lawful claims and demands of all persons whomsoever. E. The EASEMENT shall not be construed to pass to the DISTRICT any fee simple interest or title. F. The COMPANY warrants that no verbal or written representations or inducements have been made or given by the DISTRICT, or by any of its officers, agents or employees, other than as may be recited in this instrument. - TISRMA. NITROGEN, LIMITED PAIRTNEx2SHIP By TERRA NITROGEN CORPORATION, Its General Partner By Mark A. Kalafut ice President, General Counsel and Corporate Secretary STATE OF IOWA ) ) SS. COUNTY OF WOODBURY ) On this 28th day of June, 2002, before me, a Notary Public, personally came Mark A. Kalafut, Vice President, General Counsel and Corporate Secretary of TERRA NITROGEN CORPORATION, General Partner of TERRA NITROGEN, LIMITED PARTNERSHIP, to me personally known to be the identical person whose name is affixed to the above and foregoing instrument, and he acknowledged the same to be his voluntary act and deed and the voluntary act and deed of said limited partnership. WITNESS my hand and Notarial Seal the date last aforesaid. 9 d , Notary Pu6lic DEBRA J. BLIVEN 'r COMMISSION NO. 158486 MY (i MMISSION IRES low h // - j -tzar FINAL easement 06.28.02.doc 4 r ,; ALTA Commitment (6/17/06) 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 B 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. Countersigne y. o 0 � tftle guaranty company ,_"_ J ",/0; --' Senior Chairman of the Boar rl�$ /fit! Autho ' Signature , - LI_1 BLAIR ABSTRACT & TITLE COMPAN Chairman of the b6ard Company BLAIR, NEBRASKA 68008�`'� City, State 4 resident 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 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 parry 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 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. PREMIUM: Owner's Policy $609.00 Add parcel search 200.00 $809.00 j! File No. ST -6343 1. Commitment Date: January 24, 2008 at 8:00 o'clock A.M. 2. Policy (or Policies) to be issued: a. 2006 Owner's Policy Policy Amount $ 226,660.00 Proposed Insured: CITY OF BLAIR, NEBRASKA, a Municipal Corporation. b. Loan Policy Policy Amount $ Proposed Insured: C. Proposed Insured: Policy Amount $ 3. The estate or interest in the land described or referred to in this Commitment is: fee simple title 4. Title to the real estate or interest in the land is at the Effective Date vested in: TERRA NITROGEN, LIMITED PARTNERSHIP, a Delaware Limited Partnership. 5. The land referred to in the Commitment is described as follows: SEE EXHIBIT "A" attached hereto and by this reference made a part hereof. SCHEDULE B — SECTION 1 REQUIREMENTS File No. ST -6343 The following are the requirements to be complied with: Instruments in insurable form which must be executed, delivered and duly filed for record: 1. Need marketable title affidavit wherein Terra Nitrogen, Limited Partnership, a Delaware Limited Partnership, states that they have an unbroken chain of title to said subject property through their immediate and remote grantors, for more than 23 years last past and that they are in possession of said real estate. Said affidavit to be filed for record. 2. Need partial deed of reconveyance for deed of trust, assignment of leases and rents, security agreement and fixture filing with future advance clause dated October 10, 2001, recorded December 11, 2001 in Record Book 351, Pages 571 -623 given by Terra Nitrogen, Limited Partnership, as Trustor, given to Chicago Title Insurance Company, as Trustee, and Terra Capital, Inc., as Beneficiary. Assignment dated October 23, 2001, recorded December 11, 2001 in Record Book 351, Pages 624 -627 assigning to U.S. Bank National Association. Need partial deed of reconveyance for subject property only filed for record. This deed of trust also secures an equity line of credit and/or revolving loan. The Company requires a satisfactory written statement from the existing lender confirming: (a) the payoff amount, (b) that the line of credit has been closed or frozen, and no further draws /advances will be permitted and /or the right to future advances has been terminated, and (c) - agreeing to deliver a full deed of reconveyance upon payment of the outstanding balance. 3. Need termination of fixture filing #1 -1543 filed October 22, 2001. Debtor: Terra Nitrogen, Limited Partnership. Security Party: U.S. Bank National Association, as Trustee. Said termination to be filed for record. 4. Need copy of certificate of limited partnership on file in the office of the Secretary of State of Nebraska. this will determine who the general partner or partners are that are authorized to convey subject property. Need deed from Terra Nitrogen, Limited Partnership, a Delaware Limited Partnership, executed by the general partner or partners that are authorized to convey real estate, to City of Blair, Nebraska, a Municipal Corporation, conveying the property described in schedule A, Item 5; said deed to be filed for record. 6. Need execution of attached extended coverage and lien guaranty affidavit. Upon execution said affidavit to be returned to Blair Abstract & Title Company. 0110 1 File No. ST -6343 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 Date 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 of the 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 2006 and thereafter. 11. TAXES: Parcel No. 890041328 — Tax Lot 13 in 5 -18 -12 — 2006 and all prior taxes shown paid. 2007 taxes in the amount of $852.52 show a tax credit of $34.26. The balance of $818.26 became due December 31, 2007; 1 St half will become delinquent May 1, 2008; 2nd half will become delinquent September 1, 2008. Parcel No. 890041349 — Tax Lot 4 in 6 -18 -12 — 2006 and all prior taxes shown paid. 2007 taxes in the amount of $16,013.56 show a tax credit of $643.48. The balance of $15,370.08 became due December 31, 2007; lst half will become delinquent May 1, 2008; 2 half will become delinquent September 1, 2008. Parcel No. 890041433 — Tax Lot 68 in 7 -18 -12 — 2006 and all prior taxes shown paid. 2007 taxes in the amount of $1,386.42 show a tax credit of $55.72. The balance of $1,330.70 became due December 31, 2007; 1" half will become delinquent May 1, 2008; 2 half will become delinquent September 1, 2008. NOTE: Taxes quoted are for a larger parcel of land. Separate taxes for subject property will not be levied until a future date. CONTINUATION SHEET EXCEPTIONS 12. RESERVATION of Easement contained in Deed recorded February 21, 1967 in Deed Book 92, Pages 551 -554. Reserving an easement for roadway purposes over and across an easterly - westerly strip of land 33 feet in width, over and across a part of the southerly side of the NW 1 /4 NE 1 /47-18-12 that lies southerly of a concentric line drawn parallel with and distant 133 feet northerly from the center line of the main track of the railroad. 13. EASEMENT recorded February 8, 1980 in Record Book 126, Pages 646 -648. Grants an easement to City of Blair for the placement, operation and maintenance of water mains and transmission pipes along the southerly line of the NW 1 /4 NE 1 /47-18-12. NOTE: Tax Lot 68 is in the NW 1 /4 NE 1 /4 7- 18 -12. 14. EASEMENT recorded September 14, 1970 in Misc. Book U, Pages 419 -421. Grants an easement to City of Blair, Nebraska, its successors and assigns, to construct, operate and maintain an underground electric line and appurtenances thereto 10' in width across Tax Lot 4 in 6 -18 -12 and Tax Lot 13 in 5- 18 -12. ASSIGNMENT AND CONVEYANCE recorded April 3, 1984 in Record Book 145, Pages 624 -626 assigning to Omaha Public Power District. 15. EASEMENT recorded August 27, 1982 in Record Book 137, Pages 164 -166. Grants an easement to Riverland Recreation Co., a Nebraska Corporation, its successors and assigns, to construct, operate and maintain a 6 inch P.V.C. waterline across Tax Lot 4 in 6- 18 -12. 16. PIPELINE EASEMENT recorded February 16, 1967 in Misc. Book R, Pages 694 -695. Grants an easement to Western Power & Gas Company, its successors and assigns, to construct, operate and maintain an underground gas pipe line and appurtenances thereto over, across and through land in 6 -18 -12 and 7- 18 -12. ASSIGNMENT AND CONVEYANCE recorded February 8, 1993 in Record Book, 212, Pages 724 -741 assigning to Peoples Natural Gas Company, a division of UtiliCorp United Inc. 17. EASEMENT — California Bend Section 1135 Environmental Restoration Project recorded July 5, 2002 in Record Book 368, Pages 437 -440. Grants an easement to Papio- Missouri River Natural Resources District, over and across land in 5- 18 -12. CONTINUATION SHEET EXCEPTIONS 18. ANY TITLES, easements or rights asserted by anyone (including, but not limited to, persons, the public, corporation, governments or other entities) to: a) Lands comprising the shores or beds of navigable or perennial rivers and /or streams; b) Lands beyond the line of the harbor, or bulkhead lines, as established or changed by any government; c) Filled in land and /or artificial lands; d) Lands which are, or were, submerged land; e) Lands which are subject to a statutory easement for commerce, navigation and /or fishery; f) Lands which are waterward of the most extreme high waterline of the Missouri River; g) Accreted land; h) Lands brought within the boundaries of the land described on Schedule A, Item 5, by an avulsive movement of the Missouri River or which have been formed by accretion to such portion of avulsive movement; i) Lands which have decreased by erosion or avulsive movement; j) Water and /or statutory water rights; k) Riparian rights matters; 1) Lands comprising wetlands under (i) federal laws and/or regulations; or (ii) states laws and /or regulations. 19. CITY OF BLAIR ZONING REGULATIONS recorded in Deed Book 71, Page 467 and r ecorded in Record Book 134, Page 496 and all amendments thereto. TO BE FILED WITH REGISTER OF DEEDS R eal Estate Transfer Statement This Stat is Confidential — for Tax Offi cials Onl THE DEED WILL NOT BE RE CORDED UN LESS THIS ST ATEMENT IS SI GNED AND LINES 1 -2 ARE A CCURATELY COM 1 County Name 2 2 County Number 3 3 Date of Sale 4 4 Date of Deed Washington 8 89 F Grantor's Name, Address, and Telephone (Please Print) 6 6 Grantee's Name, Address, and Telephone (Please Print) Grantor's Name (Seller) G Grantee's Name (Buyer) Terra Nitrogen Corporat C City of Blair, Nebraska, _ Street or Other Mailing Address S Street or Other Mailing Address _ 218 South 16th Street Blair, N 68008 City State Zip C Code C City S State Zip Code Blair, Nebraska 68008 Telephone Number T Telephone Number PROPERTY CLAS SIFICATION NUMBER. Check one box in category A and B. Check C also if p property is mobi home. A Status T (B) P Property Type ( (C) (1) _ Improved ( (1) _ Single Family (4) _ Industrial (6) _ R Recreational (8) _ Mineral Interests- (9) _ _ State Assessed ( (1) _MobileHome (2) Unimproved ( (2) _ Multi- Family (5) _ Agricultural (7) _ M Mineral Interests- Producing (10) E Exempt (3) _ IOLL ( (3) Commercial N Non- producing 8 Type of Deed 9 9, ' Warranty _Sheriff _Executor _Mineral _ _ Cemetery _ Quit Claim _ Conservator _ Partition _ Trust _ _ Other Sale Auction Auction Gift Exchange Foreclosure Satisfaction of Contract Life Estate Other (explain 11 Ownership Transferred in Full (if No, explain division) 12 Was real estate purchased for same use? (if No, state intended use) Yes _ No Yes No 13 Was sale between relatives? (If Yes, check appropriate box) _ Yes — =No _ Spouse _ Parents and Child — Family Corporation or Partnership _ Grandparents and Grandchild _ Brothers and Sisters _ Aunt or Uncle to Niece or Nephew _ Other 14 If the real estate was transferred for nominal consideration, what is the current 15 Was mortgage assumed? If Yes, state amount and interest rate. T� market value? Yes No $ 16 Does this conveyance divide a current parcel of land? 17 Was sale through a real estate agent? (If YES, name of agent) Y es No = "` Yes _ No 18 Address , of Property 19 Name and Address of Person to Whom Tax Statement Should be Sent Parcel A - 11.45 Acres & Parcel B 2.74 Acres, Blair, NE 68008 City of Blair, Nebraska 218 South 16th Street, Blair, NE 68008 20 Legal Description See Attached Legal Description 21 If agricultural, list total number of acres 22 Total purchase price, including any liabilities assumed .............. . ............................................... ............................... 22 $104,16(.00 23 Was nonreal property included in purchase? _ Yes — No (if Yes, enter amount and attach itemized list) ............................... 23 24 Adjusted purchase price paid for real estate (line 22 minus line 23) ............................................. ............................... 24 _— 10416 Under penalties of law, I declare that I have examined this statement and that it is, to the best of my knowledge and belief, true and correct, and that I am duly authorized to sign this statement. 25 City of Blair, Nebraska Sign > Print or Type Name of Grantee or Authorized Representative Telephone Number here 1 Buyer / Signature of Grantee or Authorized Representative Title Date REGISTER OF DEEDS' USE ONLY I FOR NDR USE ONLY 26 Date Deed Recorded 27 Value of Stamp or Exempt Number 1 28 Deed Book 29 Deed Page 1 30 Nebraska Department of Revenue Form No. 2. 146 -67 Rev. 9 -94 Authorized by Sections 76 -214, 77 -1327, R.R.S. t Supersedes 2- 146 -67 Rev. 11 -92 ARES -668 Blair Abstract & Title Company 706 South 19th Street Blair, NE 68008 (402) 426 -9191 ai IPr_HAgFR'S CLOSING STATEMENT Closing Date: February 20, 2008 File No: 08005 Property Address:Tax Lot 13 in SW1 /4 SW1 14 Section 5- 18 -12, Blair, NE 68008 City of Blair, Nebraska, a Municipal Corporation ocia Secunty o. Purchaser Social Security No. Purchaser Social Security No. Purc aser Social Security No. Purchaser Social Security No. Purchaser Social Security No. Purc aser Social Security No. Purchaser Social Security No. Purchaser octal Secunty o. Purc aser Social Security No. Purchaser Purchaser's Address: 218 South 16th Street, Blair, NE 68008 DEBIT CREDIT $104,160.00 Purchase Price X112.00 County Property Taxes from 01/01/2008 to 02/20/200 $76,160.00 Donated /Gift Equity Settlement or Closing Fee to Blair Abstract & Title Company $150.00 Record Deed &/or Mortgages(s) &/or Release(s) $5.50 ----------------- - - - - -- $ 76,272.00 Amount Paid By /For Purchaser --- Purchaser(s) _____ ----_____ -- - - - - -- ------------------------- Total Due From Purchaser(s) $104,315.50 $104,315.50 Total Due From Purchaser(s) $76,272.00 Amount Paid By /For Purchaser(s) $28,043.50 Net from Purchasers) CORPORATE WARRANTY DEED THE Grantor, Terra Nitrogen, Limited Partnership, a Delaware Limited Partnership in consideration of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, conveys to City of Blair, Nebraska, a Alunicipal Corporation, Grantee, the following described real estate (as defined in Neb. Rev. Stat. 76 -201) in Washington County, Nebraska: Tax Lot 13 in Section 5, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska THE Grantor covenants with Grantee that Grantor: (1) is lawfully seized of such real estate and that it is free from encumbrances subject to easements, reservations, covenants and restrictions of record and subject to all regular taxes and special assessments. (2) has legal power and lawful authority to convey the same; (3) warrants and will defend the title to the real estate against the lawful claims of all persons. Executed this day of r rV 1 2 — k T- rraNihogen, L' Partly hip, a Delaware L' art ner p By Jo ' W'. Huey, Vice President, Ge rat Counsel and Corporate S cretar f�Ps a Delaware, C' ration, as Genera Partner STATE OF Iowa COUNTY OF Tl foregoing instrument was aclaiowledged before me this Q•:. day of LtQ� 2015_. by John W. Huey, Vice President, General Counsel and Corporate Secretary of erra Nitrogen GP Inc., a Delaware Corporation, as General Partner of Terra Nitrogen, Limited Partnership, a Delaware Limited Partnership. Notar Public, State and Cou ty aforesaid No ry Signal e Notary rin d Signatue Nly commission expires: VVAt s KELLY J. KASSEN ey COMMISSION it 704 607 1 ! Y CUrV11l9ISS101 EXPIRES IOWA � Form soRware by: Automated Real Estate Services, Inc. - 800.330.1295. File: 08005 TO BE FILED !1 WITH REGISTER eal State Transfer Statem FO OF DEEDS This Statement is Confidential — for Tax Officials Only 521 TTTF nFFTT W1LT. NnT RE RFCnRnFD I INTER TNIR CT ATFMF.NT iC RTf_NFII AND T.TNF.0 1 -25 ARE ACCURATF Ct1MPINTFT) — I 1 County Name 2 County Number 26 Date Deed Recorded 3 Date of Sale 28 Deed Book 4 Date of Deed Washington 89 5 Grantor's Name, A ddress, and Telephone Please Print 6 Grantee's Name, Address, and Telephone (Please Print) ^ - 1 Grantor's Name (Seller) Grantee's Name (Buyer) Terra Nitrogen, Limited Partnership, a Delaware Limited City of Blair, Nebraska, a Municipal Corporation, Partnership, Street or Other Mailing Address Street or Other Mailing Address 218 South 16th Street City State Zip Code City State Zip Code , Blair, Nebraska 68008 Telephone Number Telephone Number 7 PROPERTY CLASSIFICATION NUMBER. Check one box in category A and B. Check C also if property i s mobile home. A Status B Property Type C (1) _ Improved (1) _ Single Family (4) _ Industrial (6) _ Recreational (8) _ Mineral Interests- (9) _ State Assessed (1) ____MobileHome (2) Unimproved (2) — Multi-Family (5) — Agricultural (7) — Mineral Interests- Producing (10) . ' Exempt (3) _ IOLL (3) Commercial Non - producing 8 Type of Deed 9. Warranty _ Sheriff _ Executor Mineral _ Cemetery Quit Claim — Conservator _ Partition _ Trust _ Other 10;Type of Transfer: Sale Auction Gift 11 Ownership Transferred in Full (if No, explain division) 12 Was real estate purchased for same use? (if No, state intended use) _ Yes _ N _ _ No 13 Was sale between relatives? (If Yes, check appropriate box) _ Yes No _ Spouse Parents and Child _ Family Corporation or Partnership Grandparents and Grandchild ^ Brothers and Sisters _ Aunt or Uncle to Niece or Nephew _ Other 14 If the real estate was transferred for nominal consideration, what is the current 115 Was mortgage assumed? If Yes, state amount and interest rate. market value? Yes ' No $ 16 Does this conveyance divide a current parcel of land? 17 Was sale through a real estate agent? (If YES, name of agent) Yes _ No Yes _ No 18 Address of Property 19 Name and Address of Person to Whom Tax Statement Should be Sent Parcel A - 11.45 Acres & Parcl B - 2.74 Acres, Blair, NE City of Blair, Nebraska, a Municipal Corporation 218 South 16th Street, Blair, N 68008 20 Legal Description SEE EXHIBIT "A" attached hereto and by this reference made a part hereof. 21 If agricultural, list total number of acres 22 Total purchase price, including any liabilities assumed .................................. ............................... . ........................... 22 $198,66(.00 23 Was nomnal property included in purchase? _ Yes T No (if Yes, enter amount and attach itemized list) ............................... 23 24 Adjusted purchase price paid for real estate (line 22 minus line 23) ............................................... ............................... _ I I 198,660 Under penalties of law, I declare that I have examined this statement and that it is, to the best of my knowledge and belief, true and correct, and that I am duly authorized to sign this statement. 35 City of Blair, Nebraska, a Municipal Corporation sign > Print or Type Name of Grantee or Authorized Representative Telephone Number here Buyer Signature of Grantee or Authorized Representative Title Date REGISTER OF DEEDS' USE ONLY FOR NDR USE ONLY 26 Date Deed Recorded 27 Value of Stamp or Exempt Number 28 Deed Book 29 Deed Page 30 1VeOrmKa Lepa'tment or Kevenue Ponn No. /.- 1 / Kev. y-94 Humortzea oy sections /o -L 14, / I- JL /, K.K.J, 1y9� Supersedes 2- 146 -67 Rev. 11 -92 ARES -668 Part of Tax Lot 4 lying in the SE1 /4 of theSE1 /4 of Section 6, Township 18 North, Range 12 East of the .6th: Principal Meridian, Washington County, Nebraska and more particularly described as follows: From the Southeast Corner of Section 6, Township 18 North, Range 12 East and assuming the Southerly Line of the SE1 /4 of the SE1 /4 of said Section 6 to bear S 90 0 00'00" W; thence N 00 °19 E along the Easterly Line of said SE1 /4 of the SE1 /4 a distance of 275:94 feet to the Northeast Corner of Tax Lot . 5 in said Section 6 and the Point of Beginning; thence S 69 0 58'02 W along the Northerly Line of said Tax Lot 5 a distance of 1331.97 feet to the Northwest Corner of said Tax Lot 5, said point lying on the Westerly Line of said SE1 /4 of the;;SE1 /4; thence N 00 ": E along said westerly 1/4 1/4 section line- a: of 331.24 feet; thence N 89 0 1 51'39 E a distance of 1006.03 feet to a point on the Southerly Projection of the Westerly Line of Tax Lot 3 in said Section 6; thence N'00 17'19 E along said southerly projected tax lot line a distance of 171.80 feet to an iron found at the Southwest Corner, of said Tax Lot 3; thence N 89 along the Southerly Line of said Tax Lot 3_ a distance of 325.58 feet to the Southeast Comer of said Tax Lot 3, said. point lying on the easterly line of said SE1 /4 of the SE1 14; thence S 00 °19'56" W along said easterly 1/4 1/4 section line a distance of 505.74 feet to the Point of Beginning and containing 11.45 acres, more or less. and Part of Tax Lot 68 lying in the .NW1 /4 of the NE1 /4.of Section 7, Township 18 North, Range 12 East of the 6th Principal Meridian, Washington County, Nebraska and more particularly described as follows: From the Northeast Corner of Section 7, Township 18 North, Range 12 East; thence S 90 °00'00" W (assumed bearing) along the Northerly Line of the NE1/4 of the NE1 /4 of said Section 7 a distance of 1382:38 feet to the Northeast Comer of the NW1 /4 of the NE1 /4 of said section 7; thence S 00 °37'42" W along the Easterly Line of -said NW1 /4 of the NE1 /4 a distance of 163.53 feet to a point 220.00 feet northwesterlyof; as measured at right angles to the.eenterline of. the Chicago & <Northwestem Railroad Line-and the Point of Beginning; thence continuing S 00 °37'42" W along said easterly.1 /41/4 section line a distance of 120.11 feet to a point on the: Northerly Right -of -Way Line of said Chicago & Northwestern Railroad Line, said point being the Southeast Comer of Tax Lot 68 in said Section 7; thence. along the Southerly, Line of said Tax Lot % along said northerly railroad right-of-way line,. along a 2965.00 foot radius curve to the left an are distance of 918.95 feet, said curve: having a -chard bearing of S 79 °1413" W and a.chord distance of 915:281eet, to the Southwest Comer of said Tax Lot 68 thence N 62"15 along;the Southwesterly Line of said Tax Lot 68 a distance of 160.46 feet to a point 220:00 feet northwesterly of, as measured at right angles to the centerline of said Chicago & Northwestern Railroad Line; thence along a 3085 foot radius curve to the right an arc distance of 1070.07 feet, said. curve- having a chord bearing of N 78 0 16 1 36" E and a chord distanceof 1064.71 feet to the Point of Beginnning and containing 2.74 acres; more oriess. CORPORATE WARRANTY DEED THE Grantor, Terra Nitrogen, Limited Partnership, a Delaware Limited Partnership in consideration of One Dollar and other valuable consideration, receipt of which is hereby acluiowledged, conveys to City of Blair, Nebraska, a Municipal Corporation, Grantee, the following described real estate (as defined in Neb. Rev. Stat. 76 -201) in Washington County, Nebraska: SEE EXHIBIT " attached hereto and by this reference made a part hereof. THE Grantor covenants with Grantee that Grantor: (1) is lawfully seized of such real estate and that it is free from encumbrances subject to easements, reservations, covenants and restrictions of record and subject to all regular taxes and special assessments. (2) has legal power and lawful authority to convey the same; (3) warrants and will defend the title to the real estate against the lawful claims of all persons. Executed this day of . STATE OF Iowa COUNTY OF Th foregoing instrument was acIcnowledged before me this ��� day of Ll by John W. Huey, Vice President, General Counsel and Corporate Secretary of erra Nitrogen GP Inc., a Delaware Corporation, as General Partner of Terra Nitrogen, Limited Partnership, a Delaware Limited Partnership. Notary Public, State and ounty aforesaid No ary Sign u ��/ y Notary Pri ted Signature M commission expires: I EN 04607 PIRES [ 11 IO Poem software by: Automated Real Estate Services, Inc. - 800.330.1295 Fite: 08004 Part of Tax Lot 4 lying.in the SE1 /4 of the SE1 /4 of Section 6, Township 18 North, Range 12 East of the 6th Principal Meridian- County, Nebraska and more particularly described as follows: From the Southeast Corner of Section 6, Township 18 North Range 12 East and assuming the Southerly Line of the SE1 /4 theSE9 /4 of said Section.6 to bear S 90 °00'00" W;, thence N 00"19'56" E along the Easterly Line :of said .SE1 /4 of the SE1 /4.a distancetof 275;94 feet to the Northeast Corner.of Tax Lot . 5 insaidSection 6 and the Point of .Beginning; .thence S . 89 °58'02 W along the Northerly: Line of said Tax Lot 5 a distance of 1331.97 feet to the Northwest Corner of said Tax -Lot 5, said point ying. -on the Westerly Line of said SE1/4 of the :SE1 /4; thence N 00'25'10 ": E along saidmesterly 1/4 1/4 section line a distance of 331.24 feet; thence N 89 0 .51 1 39 ". E a.distance of'1006.03 feet to a point on the Southerly Projection of the Westerly Line of Tax Lot 3 in said Section 6; thence N' 00 °17'19 E along:said southerly.projected tax lot line a distance of 171.80 feet to an iron .found at the Southwest Corner, of said Tax Lot 3; thence N 89 °49'13 E along the Southerly Line of said Tax Lot 3 a distance of 325:58 feet o the'Southeast Comer of said Tax Lot 3 lying on the easterly line of said SE1 14 of the SE1 /4; thence S , 00 °19'56 W along said: easterly 1/4 114 section :line a distance of 505.74 feet to the Point of Beginning and containing 11.45 acres, more or less. and Part of Tax Lot 68 lying in the.NW1 /4 ofthe,NE1 /4.of Section 7, ,Township 18 North, Range 12 East of the 6th Principal Meridian, Washington County, Nebraska and more particularly described as follows: From the Northeast.Corner'of Section 7, Township 18 North, Range 12 East; thence S 90 °00'00" W (assumed bearing) along the Northerly Line of the NE1 /4 of the NE1 /4 of said Section 7 a distance of 1332,38 feet to the Northeast Comer of the NW1 /4 of the NE1 14. of said section 7; thence S 00 °37'42 W along he Easterly- Line of said NW1 /4 of the NF-1/4 a distance of 163;53 feetto a point 220.00 feet northwesterlyof; as measured.at right angles to the.centerline of.the.Chicago 8� Northwestern Railroad Line and the Point of Beginning; thence continuing S 00°3T42" W along said.easterly.1 /41/4 section line a distance of 120 ;11 feet to a point,on'the: NortherlyRight -of -Way Line of said Chicago & Northwestern Railroad Line, .said point being - .the Southeast Comer of Tax Lot 68 in said Section 7; thence. along the Sowtherly Line of said Tax Lot;68 along said northerly railroad right- of-way ine,,along a 2965.00 Itootradius curve to the left an arc distance of 918.95 feet, said curve having a -chord be&ing: : Of S 79 "14'13 W and a.chord distance of 915;28 feet to the Southwest Comer of said :Tax Lot 68; thence N 62 0 15'18" W along the Southwesterly Line .Of said Tax Lot a.distance of 160.46 feetto a point 220:00 feet northwesterly of, as measured at nght angles to the centerline of said Chicago & Northweste rn Railroad; Line; thence ►long a 3085 foot radius curve to the right an arc distance of 1070:07 feet, said:curve.having a chord bearing of N 78 E and a chord distance of 1064.71 feet, to the Point of Beginnning and containing 2.74 acres, more orless. ALTA Commitment (6/17/06) 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 B 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 a art E ' LOU,, ti guaranty Senior Chairman of the Boar Authorized Signature BLAIR ABSTRACT & TITLE COMPAN N Chairman of the Bbard Company ' 1908 61, #1 BLAIR, NEBRASKA 68008 *resident City, State 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 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 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. PREMIUM: Owner's Policy $609.00 Add parcel search 200.00 9:0a CWti �l1111 \ File No. ST -6343 1. Commitment Date: January 24, 2008 at 8:00 o'clock A.M. 2. Policy (or Policies) to be issued: a. 2006 Owner's Policy Policy Amount 226 660 )D Proposed Insured: CITY OF BLAIR, NEBRASKA, a Municipal Corporation. b. Loan Policy Policy Amount $ Proposed Insured: C. Proposed Insured: Policy Amount $ 3. The estate or interest in the land described or referred to in this Commitment is: fee simple title 4. Title to the real estate or interest in the land is at the Effective Date vested in: TERRA NITROGEN, LIMITED PARTNERSHIP, a Delaware Limited Partnership. 5. The land referred to in the Commitment is described as follows: SEE EXHIBIT "A" attached hereto and by this reference made a part hereof. File No. ST -6343 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 Date 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 of the 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 2006 and thereafter. 11. TAXES: Parcel No. 890041328 — Tax Lot 13 in 5 -18 -12 — 2006 and all prior taxes shown paid. 2007 taxes in the amount of $852.52 show a tax credit of $34.26. The balance of $818.26 became due December 31, 2007; 1 st half will become delinquent May 1, 2008; 2 nd half will become delinquent September 1, 2008. Parcel No. 890041349 — Tax Lot 4 in 6 -18 -12 — 2006 and all prior taxes shown paid. 2007 taxes in the amount of $16,013.56 show a tax credit of $643.48. The balance of $15,370.08 became due December 31, 2007; 1 St half will become delinquent May 1, 2008; 2 nd half will become delinquent September 1, 2008. Parcel No. 890041433 — Tax Lot 68 in 7 -18 -12 — 2006 and all prior taxes shown paid. 2007 taxes in the amount of $1,386.42 show a tax credit of $55.72. The balance of $1,330.70 became due December 31, 2007; 1 St half will become delinquent May 1, 2008; 2 nd half will become delinquent September 1, 2008. NOTE: Taxes quoted are for a larger parcel of land. Separate taxes for subject property will not be levied until a future date. Part of Tax Lot 4 lying.in the SE1 /4 of the SE1 /4 of Section 6, Township 18 North, Range 12 East of the 6th Principal Meridian, Washington County, Nebraska and more particularly described as follows: From the Southeast Corner of Section 6, Township 18 North, Range 12 East and assuming the Southerly Line of the SE1 /4 of the SE1 /4 of said Section 6 to bear S 90 0 00'00" W; thence N 00 0 19 1 56" E along the Easterly Line of said SE1 /4 of the SE1 /4 a distance of 275:94 feet to the Northeast Corner of Tax Lot 5 in said Section 6 and the Point of Beginning; thence S 89 °58'02 W along the Northerly.Line of said Tax Lot 5 a distance of 1331.97 feet to the Northwest Comer of said Tax Lot 5, said point lying on the Westerly Line of said SE1 /4 of the.SE1 /4; thence N 00'25'10 ": E along said westerly 1/4 1/4 section line a distance of 331.24 feet; thence N 89 0 51'39' E a distance of 1006.03 feet to a point on the Southerly Projection of the Westerly Line of Tax Lot 3 in said Section 6; thence N 00 °17'19 E along said southerly projected tax lot line a distance of 171.80 feet to an iron found at the Southwest Comer of said Tax Lot 3; thence N 89 °49'13 E along the Southerly Line of said Tax Lot 3 a distance of 325.58 feet to the Southeast Comer of said Tax Lot 3, said -point lying on the easterly line of said SE1 /4 of the SE1 /4; thence S 00 °1956" W along said easterly 1/4 1/4 section line a distance of 505.74 feet to the Point of Beginning and containing 11.45 acres, more or less. and Part of Tax Lot 68 lying in the NW1 /4 of the NE1 /4.of Section 7, Township 18 North, Range 12 East of the 6th Principal Meridian, Washington County, Nebraska and more particularly described as follows: From the Northeast Corner of Section 7, Township 18 North, Range 12 East; thence S 90 0 00'00" W (assumed bearing) along the Northerly Line of the NE1 /4 of the NE1 /4 of said Section 7 a distance of 1332.38 feet to the Northeast Comer the NW1 /4 of the NE1 /4 of said section 7; thence S 00 °37'42" W along the Easterly Line of said NW1 /4 of the NE1 /4 a distance of 163.53 feet to a point 220.00 feet northwesterly of, as measured at right angles to the centerline of the Chicago & Northwestern Railroad Line and the Point of Beginning; thence continuing S 00 0 3742" W along said easterly. 1/4 1/4 section line a distance of 120.11 feet to a point on the Northerly Right -of -Way Line of said Chicago & Northwestern Railroad Line, said point being the Southeast Comer of Tax Lot 68 in said Section 7; thence along the Southerly Line of said Tax Lot 68, along said northerly railroad right-of-way line, along a 2965.00 foot radius curve to the left an arc distance of 918.95 feet, said curve having a chord bearing of S 79 11 14'13" W and a chord distance of 915.28 feet, to the Southwest Comer of said Tax Lot 68; thence N 62 0 15'18" W along the Southwesterly Line of said Tax Lot 68 a distance of 160.46 feet to a point 220.00 feet northwesterly of, as measured at right angles to the centerline of said Chicago & Northwestern Railroad Line; thence along a 3085.00 foot radius curve to the right an arc distance of 1070.07 feet, said curve having a chord bearing of N 78 ° 16'36" E and a chord distance of 1064.71 feet, to the Point of Beginnning and containing 2.74 acres, more or less. and Tax Lot 13 in Section 5, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska. EXHIBIT "A" Name and address of title insurance company: Stewart Title Guaranty Company P.O. Box 2029 Houston, Texas 77252 -2029 File Number: ST -6343 Name and address of issuing agent Blair Abstract & Title Company 1904 South Street, Suite 107 Blair, Nebraska 68008 (402) 426 -4844 Policy No. 0- 9401 - 173178 Address Reference: Amount of Insurance: $ 207,620.00 Premium: $569.00 Date of Policy: February 21, 2008 at 2:19 o'clock P.M. 1. Name of Insured: CITY OF BLAIR, NEBRASKA, a Municipal Corporation. 2. The estate or interest in the Land that is encumbered by the Insured Mortgage is: fee simple title 3. Title is vested in: CITY OF BLAIR, NEBRASKA, a Municipal Corporation (Book 522, Page 86 and Book 522, Pages 84 -85). 4. The Land referred to in this policy is described as follows: SEE EXHIBIT "A" attached hereto and by this reference made a part hereof. File No.: ST -6343 Policy No: 0 -9401- 173178 Exceptions from Coverage This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses that arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. 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. 5. Community property, dower, courtesy, survivorship, or homestead rights, if any, of any spouse of the insured. 6. 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. 7. Reservation contained in Patent from the United States of America of State where the land described in Schedule A is located. 8. Restrictive covenants affecting the property described in Schedule A. 9. Taxes for the year2008 and thereafter. 10. TAXES: Parcel No. 890041328 — Tax Lot 13 in 5 -18 -12 — 2007 taxes in the amount of $852.52 show a tax credit of $34.26. The balance of $818.26 and all prior taxes shown paid. Parcel No. 890041349 — Tax Lot 4 in 6 -18 -12 — 2007 taxes in the amount of $16,013.56 show a tax credit of $643.48. The balance of $15,370.08 and all prior taxes shown paid. Parcel No. 890041433 — Tax Lot 68 in 7 -18 -12 — 2007 taxes in the amount of $1,386.42 show a tax credit of $55.72. The balance of $1,330.70 and all prior taxes shown paid. NOTE: Taxes quoted are for a larger parcel of land. Separate taxes for subject property will not be levied until a future date. 11. RESERVATION of Easement contained in Deed recorded February 21, 1967 in Deed Book 92, Pages 551 -554. Reserving an easement for roadway purposes over and across an easterly - westerly strip of land 33 feet in width, over and across a part of the southerly side of the NW 1 /4 NE 1 /47-18-12 that lies southerly of a concentric line drawn parallel with and distant 133 feet northerly from the center line of the main track of the railroad. CONTINUATION SHEET EXCEPTIONS ST -6343 0- 9401 - 173178 12. EASEMENT recorded February 8, 1980 in Record Book 126, Pages 646 -648. Grants an easement to City of Blair for the placement, operation and maintenance of water mains and transmission pipes along the southerly line of the NW 1 /4 NE 1 /4 7- 18 -12. NOTE: Tax Lot 68 is in the NW 1 /4 NE 1 /4 7- 18 -12. 13. EASEMENT recorded September 14, 1970 in Misc. Book U, Pages 419 -421. Grants an easement to City of Blair, Nebraska, its successors and assigns, to construct, operate and maintain an underground electric line and appurtenances thereto 10' in width across Tax Lot 4 in 6 -18 -12 and Tax Lot 13 in 5- 18 -12. ASSIGNMENT AND CONVEYANCE recorded April 3, 1984 in Record Book 145, Pages 624 -626 assigning to Omaha Public Power District. 14. EASEMENT recorded August 27, 1982 in Record Book 137, Pages 164 -166. Grants an easement to Riverland Recreation Co., a Nebraska Corporation, its successors and assigns, to construct, operate and maintain a 6 inch P.V.C. waterline across Tax Lot 4 in 6- 18 -12. 15. PIPELINE EASEMENT recorded February 16, 1967 in Misc. Book R, Pages 694 -695. Grants an easement to Western Power & Gas Company, its successors and assigns, to construct, operate and maintain an underground gas pipe line and appurtenances thereto over, across and through land in 6 -18 -12 and 7- 18 -12. ASSIGNMENT AND CONVEYANCE recorded February 8, 1993 in Record Book 212, Pages 724 -741 assigning to Peoples Natural Gas Company, a division of UtiliCorp United Inc. 16. EASEMENT — California Bend Section 1135 Environmental Restoration Project recorded July 5, 2002 in Record Book 368, Pages 437 -440. Grants an easement to Papio- Missouri River Natural Resources District, over and across land in 5- 18 -12. CONTINUATION SHEET EXCEPTIONS ST -6343 M- 9401 - 173178 17. ANY TITLES, easements or rights asserted by anyone (including, but not limited to, persons, the public, corporation, governments or other entities) to: a) Lands comprising the shores or beds of navigable or perennial rivers and /or streams; b) Lands beyond the line of the harbor, or bulkhead lines, as established or changed by any government; C) Filled in land and/or artificial lands; d) Lands which are, or were, submerged land; e) Lands which are subject to a statutory easement for commerce, navigation and/or fishery; f) Lands which are waterward of the most extreme high waterline of the Missouri River; g) Accreted land; h) Lands brought within the boundaries of the land described on Schedule A, Item 5, by an avulsive movement of the Missouri River or which have been formed by accretion to such portion of avulsive movement; i) Lands which have decreased by erosion or avulsive movement; j) Water and /or statutory water rights; k) Riparian rights matters; 1) Lands comprising wetlands under (i) federal laws and /or regulations; or (ii) states laws and/or regulations. 18. CITY OF BLAIR ZONING REGULATIONS recorded in Deed Book 71, Page 467 and recorded in Record Book 134, Page 496 and all amendments thereto. If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1- 800 - 729 -1902. If you make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our World -Wide Web site at http: / /www.stewart.com ALTA Owner's Policy (6- 17 -06) OWNER'S POLICY OPTITLE INSURANCE ISSUED BY 10161TJ -4 04 SUBJECTTO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, ANDTHE CONDITIONS, STEWART TITLE GUARANTY COMPANY, aTexas corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A: 2. Any defect in or lien or encumbrance on the Title. This Covered Risk Includes but is not limited to insurance against loss from: (a) A defect in the Title caused by: (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on theTitle by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, oradverse circumstance affecting theTitle that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. S. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise'of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. & Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. o title guaranty company Part 1 of Polic SedafNo. 0-9401-17 3178 ALTA Owner's Policy (6/17/06) ' i i1 i E;G YNA I Miav- Chai an the Board o �q President Countersigned: BLAIR ABSTRACT & TITLE COMPANY Countersi exar Authorized RID. Box 428 BLAIR ABSTRACT & TITLE COMPA BLAIR, NE 68008 Company (402) 426 - 4844 BLAIR, NEBRASKA 68008 FAX (490 490FA011 City, State Part 1 of Polic SedafNo. 0-9401-17 3178 ALTA Owner's Policy (6/17/06) Memo TO, Attached is a copy of our offer to Terra Chemical for the purchase of property down by the water plant to guarantee the ability to further expand the water and sewer plants, guarantee locations for future water and sewer mains coming back to the City, and some additional land for expansion of Optimist park parking and public access to California Bend. Also attached is a partial copy of an appraisal completed by Russ Nelson for the company showing a value for the property of $14,000 per acre. Terra has not accepted this offer at this time but we hope to hear from them yet today or Friday. If we can come to an acceptable price, we will have the purchase agreement for the meeting Tuesday night. Hopefully the offer and map will be self explanatory, but if you need more information, please feel free to contact me. Rod Storm City Administrator v - 06 ot �lse of qua\ Proposed Offer to Purchase Real Estate Seller: Terra Chemical Inc. Buyer: City of Blair Parcel A (See attached map) 11.41 + /- acres @ $12,750 per acre = $145 (Final to be adjusted based on surveyed acres) Parcel B (road corridor) 120' x 1000' (est.) = 120,000 square ft. or 2.75 acres. (approx.60' is currently road and water line, sewer line easement, leaving approx. 1.3 8 ac. of useable acres to be acquired.) 1.38 acres @12,750 per acre = 17,595.00 Lump sum Parcel C (Tax Lot 13 Section 5, Township 18, Range 12) This tax lot contains 7.44 acres, of which 5 +/- acres are under easement to Papio NRD for Missouri River Mitigation project. 218 South 16th Street • Blair, Nebraska 68008 • 402 - 426 -4191 s Fax 402 -426 -4195 • E -mail cityofblair @ci,blalr,ne.us City proposes Terra donate entire 7.44 acres to City of Blair. City of Blair will contract with Russ Nelson, Nelson Appraisal Service, to do an appraisal of value for donation. Other considerations: 1. On tracts A, B, and tract being sold to Hanner Salvage, the City of Blair will contract with a registered, licensed Land Surveyor to prepare surveys necessary to convey the property. Surveys to be completed within 90 days of approval of purchase agreement by City Council. 2. On all tracts being sold or conveyed to City of Blair, the Blair City Attorney will prepare purchase agreement, all deeds, and etc. for approval by seller. 3. Closing will be through Washington County Title and Abstracting. 4. Title Insurance shall be split 50150 between City and Seller. 5. City will approve a Street Dedication on the entire Tract B within 45 days of date of closing. 6. Final agreement subject to approval by the Mayor and City Council. 7. Closing within 45 days from the date surveys are delivered to City and Seller. City Administrator COMPLETE SELF - CONTAINED APPRAISAL REPORT FOR TERRA NITROGEN CORPORATION RE: INDUSTRIAL PARK LAND BLAIR, NEBRASKA BY RUSS NELSEN NELSEN APPRAISAL SERVICES, INC 710 South 19" Street Blair, NE 68008 CERTIFICATION OF APPRAISER I, Russ Nelsen do hereby certify that, to the best of our knowledge and belief- I. The statements of fact contained in this Complete Self - Contained Appraisal Report are true and correct. 2. The reported analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, where applicable, and are my personal, unbiased professional analysis, opinions, and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to parties involved. 4. My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. 5. My analysis, opinions and conclusions were developed, and this report has been prepared in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions and Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. 6. No one provided significant professional assistance to the undersigned. 7. I have made a personal inspection of the land of the subject property and that the property owner or his/her designated representative was given the opportunity to accompany the appraiser on the property inspection. I observed the grounds and parking area on the subject property. 8. Russ Nelsen currently holds a General Certified Appraisers in Nebraska and Iowa. Russ Nelsen / Bate General Certified Appraiser State of Nebraska CG 920 276 State of Iowa 506642249 LETTER OF TRANSMITTAL To: Terra Nitrogen Corporation RE: Industrial Park Land I have made an investigation and appraisal of the fee simple interest in the real property located at: East Dixon Street, Blair, Nebraska and submit our findings in this report The purpose of the appraisal is to express an opinion as of October 23, 2007 of the fair market value of the real property, assuming it to be vacant and available for sale on the open market. The function of our appraisal is to estimate market value. Fair Market Value is defined as the estimated amount at which the property might be expected to exchange between a willing buyer and a willing seller, neither being under compulsion, each having reasonable knowledge of all relevant facts, with equity to both. The land, land improvements, and building have been valued as if offered in the open market for a reasonable period of time in which to find a buyer. We have assumed the property to be available for a development to its highest and best use, free and clear of all liens and encumbrances. Fee Simple Interest is defined as an absolute fee, free of limitations to any particular class of heirs or restrictions, but subject to the limitations of eminent domain, escheat, police power, and taxation. Our report consists of A narrative report containing descriptions of the property appraised, the valuation techniques used, and a statement of the conclusion of value. Exhibits consisting of- Plat, photographs, identifying land description, building sketch (if applicable), assumptions and limiting conditions, and certificate of appraiser. I appraised on the real estate including land, land improvements, buildings, fixed building service equipment and carpeting. Excluded were furnishings, equipment, inventory and movable or personal property. I have not investigated the title to or any liabilities against the property appraised. Respectfully submitted, Russ Nelsen Nelsen Appraisal Services, Inc. SUMMARY OF SALIENT FACTS Property - - Terra Nitrogen Corporation Location - East Dixon Street, Blair, Nebraska Client - Terra Nitrogen Corporation Date of Appraisal - October 23, 2007 Property Rights - Fee Simple Area of Site - 884,000 SF (20.29 acres) called Zoning - Agriculture/Manufacturing Heavy Industrial Estimate of Value - $284,000 COMMENTS ON COMPARABLE SALES As is typical for this type and size property within the city limits of Blair, these are no ideal sales available. The foregoing comparables are felt to best represent value for the subject. Bracketing of price per acre was achieved. A typical number of adjustments were needed and some were large which is also typical for properties like the subject. Sale 1 is most similar in size, but all are superior in location. Sales 6, 7, and 8 are the most dated but are located nearest to the subject. Subject 20.29 acres @ $14,000 = $284,060 Market Approach Called = $284,000 SUMMARY AND RECONCILIATION OF VALUE INDICATORS Replacement Cost Approach Not applicable Income Approach Not applicable Market Approach $284,000 The Cost Approach and Income Approach are not applicable for reasons stated. The Sale Comparison/Market Approach is the best estimate of value when good data is available and this information can be reduced to a common unit of measurement. In this case, price per acre is the most applicable means of comparison to the subject. This approach tends to reflect value as actual transaction from the market place. The approach was the only approach in determining the final estimate of value. FINAL ESTIMATE OF VALUE With consideration to all three approaches but all weight being placed on the market approach. I estimate the value of the subject property as of October 23, 2007 to be: Two Hundred Eighty Four Thousand Dollars ($284,000) Russ Nelsen, Certified Appraiser Nelsen Appraisal Services, Inc. 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