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200101865 human health and the environment and further the common environmental objectives and land use plans of the United States, State of Nebraska and Hall County Reuse Committee the following covenants and restrictions are included to assure that the use of the property is consistent with environmental condition of the property. These following covenants and restrictions benefit the lands retained by the Grantor and the public welfare generally and are consistent with state and federal environmental statutes. 1. Restrictions and Conditions: The Grantee covenants for itself, its successors, and assigns not to use the property for residential purposes, the property having been remediated only for industrial /agricultural uses. The Grantee for itself, its successors or assigns covenants that it will not undertake nor allow any activity, or use of the property that would violate the restrictions contained herein. These restrictions and covenants are binding on the Grantee, its successors and assigns; shall run with the land; and are forever enforceable. Nothing contained herein shall preclude the Grantee from undertaking, in accordance with applicable laws and regulations and without any cost to the grantor, such additional remediation necessary to allow for residential use of the property. Upon completion of such remediation required to allow residential use of the property and upon the Grantee's obtaining the approval of the Nebraska Department of Environmental Quality, and, if required, any other regulatory agency, the Grantor agrees, without cost to the Grantor, to release or, if appropriate, modify this restriction by recordation of an amendment hereto. 2. Enforcement: The restrictions and conditions stated in paragraph 1 above benefit the public in general and the territory surrounding the property, including lands retained by the Grantor and, therefore, is enforceable by the Grantor. The Grantee covenants for itself, its successors, and assigns that it shall include and otherwise make legally binding, the restrictions in paragraph 1 in all subsequent leases, transfer or conveyance documents relating to the property subject hereto. d. Notice of the Presence of Asbestos Covenant: 1. The Grantee is hereby informed and does acknowledge that friable and non - friable asbestos or asbestos - containing materials ( "ACM ") have been found on the Property, as described in the Environmental Baseline Surveys (EBS). The ACM on the property does not currently pose a threat to human health or the environment. All friable asbestos that poses a risk to human health has been removed. 2. The Grantee covenants and agrees that its use and occupancy of the Property will be in compliance with all applicable laws relating to asbestos; and that the Grantor assumes no liability for future remediation of asbestos or damages for personal injury, illness, disability, or death, to the Grantee, its successors or assigns, or to any other person, including members of the general public, arising from or incident to the purchase, transportation, removal, handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever with asbestos on the Property, whether the Grantee, its successors or assigns have properly warned or failed to properly warn the individual(s) injured. The Grantee agrees to be responsible for any future remediation of asbestos found to be necessary on the Property. 3. Unprotected or unregulated exposures to asbestos in product manufacturing, shipyards, building and construction workplaces have been associated with asbestos - related diseases. Both the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) regulate asbestos because of the potential hazards associated with exposure to airborne asbestos fibers. Both OSHA and EPA have determined that such exposure increases the risk of asbestos - related diseases, which include certain cancers and which can result in disability or death. WR