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<br />201602183
<br />Upon receipt of any such Notice, Grantee, and /or its successors and assigns shall suspend performance of the objectionable
<br />work or activity, if and to the extent such suspension is expressly required in the Notice.
<br />10. If no mutually acceptable cure plan is reached by Grantor, acting by and through the NPS, and Grantee, and /or its
<br />successors and assigns, Grantor will forward all documentation relevant to the violation to the Nebraska State Historic
<br />Preservation Officer ( "SHPO "). Upon receipt of the documentation, the SHPO is authorized to do the following:
<br />a. Provide Grantor and Grantee, and/or its successors and assigns, with written recommendations within 60
<br />calendar days of receipt of said documentation, which Grantor shall take into account in attempting to resolve the
<br />dispute; or
<br />b. Notify and provide the Advisory Council on Historic Preservation (ACHP) with a reasonable opportunity to
<br />comment pursuant to 36 C.F.R. § 800.7(c). The ACHP may provide written comments to the SHPO, Grantor, Grantee,
<br />and any Financial Party within the time frame specified in Subsection (7)(a), above.
<br />c. Grantor acknowledges and agrees that any and all written recommendations and comments provided by the
<br />SHPO and/or the ACHP to Grantor shall be taken into account by Grantor in accordance with 36 C.F.R. § 800.7(c)(4)
<br />with regard to the subject of the violation.
<br />d. Upon completion of its review of the recommendations and comments from the SHPO and/or the ACHP,
<br />Grantor, acting by and through NPS or, if applicable, such other statutorily authorized designated representative, at its
<br />sole discretion, shall thereafter have the right to issue to Grantee, and /or its successors and assigns, its cure plan, which
<br />shall be binding on Grantee, and/or its successors and assigns.
<br />e. Upon any subsequent failure of Grantee, and/or its successors and assigns, to fully bide with the terms and
<br />conditions of the cure plan, then, in such event but before any Reversion of the Property shall take place, Grantor,
<br />acting by and through NPS or, if applicable, such other statutorily authorized designated representative, shall make its
<br />final determination whether Grantee, and /or its successors and assigns, has breached or failed to comply with the terms
<br />of the Historic Preservation Covenant and shall provide Grantee, and /or its successors and assigns, with notice of such
<br />breach or failure to comply. A breach of or failure to comply with the Historic Preservation Covenant shall constitute a
<br />Default when Grantee either: (a) fails to cure any violation of the Historic Preservation Covenant within the agreed -
<br />upon time period, or (b) fails to complete the cure plan established under Sections VII.C.9 and VII.C.10.(a) -(d), above,
<br />as provided under the terms of such plan. Such determination of Default by Grantor constitutes a final agency decision
<br />invoking the right of Reversion as defined under the Administrative Procedures Act, 5 U.S.C. § 701 et. seq.
<br />f. The responsibility for the preservation and maintenance of the Property up and to the date of the exercise of
<br />Reversion by Grantor shall remain with Grantee, its successors and assigns. In the event of damage to the Property,
<br />Grantee, its successors and assigns, shall promptly secure the Property and make the Property safe and in compliance
<br />with all applicable laws. So long as Grantee, and/or its successors and assigns, retain the Property, in the event of
<br />damage or destruction to the Property, Grantee, its successors and assigns will use its best efforts to repair or restore the
<br />Property; provided, however, that there is no obligation to repair or restore the Property to a condition that is better than
<br />the condition of the Property as of the date the PPU is executed, and that the County's specific obligation to repair or
<br />restore is further limited to the extent County funds (including any funds made available to the County by the State of
<br />Nebraska) are available.
<br />11. These restrictions shall be binding on Grantee, its successors and assigns in perpetuity. Notwithstanding the
<br />foregoing, Grantor, by and through NPS on behalf of the Secretary of Interior, for good cause at its sole discretion, and
<br />with the prior written concurrence of the SHPO and the ACHP, may modify or terminate any or all of the foregoing
<br />restrictions upon written application of Grantee, its successors or assigns.
<br />12. Grantee shall promptly notify NPS and the SHPO in writing of any proposed transfer of the Property and provide
<br />the potential successors or assigns an opportunity to have the NPS and the SHPO explain the terms of all covenants
<br />contained in this Deed to the potential transferee prior to closing.
<br />13. The acceptance of the delivery of this Deed conveying title to the Property shall constitute conclusive evidence of
<br />the agreement of Grantee, for itself and its successors and assigns, to be bound by the terms, conditions, restrictions,
<br />limitations, covenants and agreements contained in this Deed, and to perform the obligations herein set forth.
<br />D. Transfer Restrictions Covering the Property Other than as provided for in the PPU, Grantee, for itself, its
<br />successors and assigns, further covenants and agrees it may only transfer tide of the Property to another Nebraska State,
<br />county, or local government agency so that the Secretary of the Interior, by and through NPS, is satisfied and assured of the
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