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RESERVING, however, to the United States of America and its assigns, a perpetual and
<br />assignment easement and right in, upon, over, across the property as follows: no new or existing
<br />water wells or any ground water may be utilized for domestic purposes. Domestic purposes
<br />include those for human consumption, sanitation, bathing, cooking, laundering, and swimming.
<br />Domestic purposes do not include crop irrigation, watering of livestock, and fire control. Ground
<br />water means water which occurs in or moves, seeps, filters, or percolates through ground under
<br />the surface of the land. This reservation includes a perpetual right of access to any and all
<br />portions of the property for the purpose of monitoring compliance with and enforcing said
<br />easement, including the right, at the sole expense of the Grantee, its heirs, successors, and
<br />assigns, to close and decommission any water wells being constructed, maintained, or utilized on
<br />the land for domestic purposes and to disconnect and remove any related pumping equipment,
<br />piping and utilities. Said easement may be enforced in any court of competent jurisdiction. In the
<br />event that explosive contamination in the groundwater, as identified in the Record of Decision, is
<br />attenuated to less than the cleanup levels established in Table 1 of the final revised Operable Unit
<br />1 Record of Decision Amendment signed on 28 September 2001, or any later amendments to this
<br />Record of Decision, the underlying fee owner(s) may file a written application with the U.S.
<br />Army Corps of Engineers, Omaha District, Real Estate Division, Omaha, Nebraska, for a written
<br />release of said easement. A copy of this application shall be furnished to the U.S. Environmental
<br />Protection Agency and the Nebraska Department of Environmental Quality. Said release will be
<br />issued to the underlying fee owner(s) only in the event that the Army Corps of Engineers, in its
<br />sole discretion, gives its approval. In the event such release is issued, the underlying fee owner(s)
<br />will bear all costs of recording the release in the local county records.
<br />TO HAVE AND TO HOLD the same, together with all improvements, hereditaments,
<br />appurtenances therein and all reversions, remainders, issues, profits and other rights belonging or
<br />related thereto, either in law or in equity, for the use, benefit and behalf of the Grantee, its heirs,
<br />successors and assigns forever.
<br />II. ENVIRONMENTALCOVENANTS, NOTICES, EXCLUSIONS,
<br />RESERVATIONS, AND RESTRICTIONS
<br />This conveyance is made subject to the following environmental notices, exclusions,
<br />reservations, covenants and restrictions affecting the property hereby conveyed to the extent the
<br />same are valid and affect the property, and shall be considered as covenants running with the
<br />land are binding on all parties having any right, title, or interest in the property, or any part
<br />thereof, their heirs, successors and assigns.
<br />A. CERCLA Covenant and Reserved Access
<br />Pursuant to Section 120(h)(3) of the Comprehensive Environmental Response,
<br />Compensation and Liability Act, as amended (CERCLA) 42 U.S.C. Section 9620(h)(3), the
<br />Grantor has made a complete search of its records concerning the property subject to this Deed.
<br />Those records indicate that the hazardous substances, as defined by Section 101 (14) of
<br />CERCLA, have been stored for one year or more (S), released (R), or disposed of (D), shown on
<br />"Exhibit A ", on the property during the time the property was owned by the United States of
<br />America. The Grantee should review the Final Environmental Baseline Survey No. 38 -EH -8519-
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