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200004080
<br />I
<br />M. CERCLA COVENANT AND RESERVED ACCESS
<br />a. Pursuant to Section 120(h)(4) of the Comprehensive Environmental Response, Compensation,
<br />and Liability Act, as amended, 42 U.S.C. Section 9601 et seq. ( CERCLA), the Grantor has identified the
<br />Property as real property on which no hazardous substances and no petroleum products or their
<br />derivatives were known to have been released or disposed of The Grantor covenants and warrants to the
<br />Grantee that in the event that any response action or corrective action is found to be necessary after the
<br />date of this conveyance as a result of hazardous substances or petroleum products or their derivatives
<br />existing on the Property prior to the date of this conveyance, such response action or corrective action
<br />shall be conducted by the Grantor.
<br />b. Grantor reserves a right of access to all portions of the Property for environmental
<br />investigation, remediation or other corrective action. This reservation includes the right of access to and
<br />use of available utilities at reasonable cost to Grantor. These rights shall be exercisable in any case in
<br />which a remedial action, response action or corrective action is found to be necessary after the date of this
<br />conveyance, or in which access is necessary to carry out a remedial action, response action, or corrective
<br />action on adjoining property. Pursuant to this reservation, Grantor, and its respective officers, agents,
<br />employees, contractors and subcontractors shall. have the right (upon reasonable notice to the record title
<br />owner) to enter upon the Property and conduct investigations and surveys, to include drilling, test- pitting,
<br />borings, data and records compilation and other activities related to environmental investigation, and to
<br />carry out remedial or removal actions as required or necessary, including but not limited to the
<br />installation, operation, and removal of monitoring wells, pumping wells, and treatment facilities. Any
<br />such entry, including such activities, responses or remedial actions, shall be coordinated with record title
<br />owner and shall be performed in a manner that minimizes interruption with activities of authorized
<br />occupants. Grantor will provide the record title owner 'reasonable advance notice of such activities,
<br />responses, or remedial actions.
<br />IV. SPECIFIC ENVIRONMENTAL NOTICES, EXCEPTIONS, RESTRICTIONS AND
<br />COVENANTS AFFECTING THE PROPERTY
<br />This conveyance is expressly made subject to the following environmental notices, exceptions,
<br />restrictions and covenants affecting, the property hereby conveyed to the extent and only to the extent the
<br />same are valid and affect the property:
<br />Federal Facility Agreement:
<br />A copy of the Cornhusker Army Ammunition Plant Federal Facility Agreement (FFA), entered
<br />into by the United States Environmental Protection Agency (EPA) Region VII, the State of Nebraska, and
<br />the Department of the Army effective September 1990, and a copy of any amendments thereto, are
<br />available for the Grantee's review at the Office of the Commander's Representative. The person or
<br />entity to which the property is transferred agrees that should any conflict arise between the terms of the
<br />FFA as they presently exist or may be amended, and the provisions of this property transfer, the terms of
<br />the FFA will take precedence. The Grantee further agrees that notwithstanding any other provisions of
<br />the property transfer, the United States assumes no liability to the person or entity to whom the property is
<br />transferred should implementation of the FFA interfere with their use of the property. The Grantee or
<br />any subsequent transferee, shall have no claim on account of any such interference against the United
<br />States or any officer, agent, employee or contractor thereof.
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