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200003927
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Last modified
10/13/2011 1:27:08 PM
Creation date
10/20/2005 8:26:36 PM
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DEEDS
Inst Number
200003927
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200003927 <br />NO. DACA45 -2 -00 -6022 <br />19. RESTORATION <br />On or before the termination or revocation of this easement, the grantee shall, without expense to <br />the United States and within such time as said officer may indicate, restore the premises to the <br />satisfaction of said officer. In the event the grantee shall fail to restore the premises, at the option of <br />said officer, said improvements shall either become the property of the United States without <br />compensation therefore, or said officer shall have the option to perform the restoration at the expense <br />of the grantee, and the grantee shall have no claim for damages against the United States or its officers <br />or agents for such action. <br />20. DISCLA_MER <br />This instrument is effective only insofar as the rights of the United States in the premises are <br />concerned; and the grantee shall obtain such permission as may be required on account of any other <br />existing rights. It is understood that the granting of this easement does not eliminate the necessity for <br />obtaining any Department of the Army permit which may be required pursuant to the provisions of <br />Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. § 403), Section <br />404 of the Clean Water Act (33 U.S.C. § 1344) or any other permit or license which may be required <br />by Federal, state, interstate or local laws in connection with the use of the premises. <br />21. NON - TRANSFERRABLE RIGHTS <br />Conditions Nos. 5, 8, 9, 10, 11, 13 and 19 are non - transferable rights of the grantor. In the event <br />the United States transfers or conveys the underlying fee, these conditions and the rights therein will <br />not transfer. <br />Prior to the execution of this easement, Conditions Nos. 11, 13 and 15 were modified and <br />the following site specific Conditions Nos. 22, 23 and 24 were added hereto and made a part <br />hereof: <br />22. FEDERAL FACILITY AGREEMENT <br />A copy of the Cornhusker Army Ammunition Plant Federal Facility Agreement (FFA), <br />entered into by the United States Environmental Protection Agency (EPA) Region VII, the State <br />of Nebraska, and the Department of the Army, effective September 1990, and a copy of any <br />amendments thereto, are available for the grantee's review at the Office of the Installation <br />Commander's Representative. The grantee agrees that should any conflict arise between the <br />terms of the FFA as they presently exist or may be amended, and the provisions of this property <br />transfer, the terms of the FFA will take precedence. The grantee further agrees that <br />notwithstanding any other provisions of the property transfer, the United States assumes no <br />liability to the grantee should implementation of the FFA interfere with its use of the property. <br />E <br />
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