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201900606
<br />1. The Grantee has been made aware of the existence of technical environmental reports,
<br />including the Environmental Baseline Survey for the Property dated 9-20 November 1998, as
<br />amended by Amendment No. 1, signed April 2002, and the FOST for the property dated November
<br />2002, prepared by the Granter, and agrees, to the best of the Grantee's knowledge, that they
<br />accurately describe the environmental condition of the Property. The Grantee has inspected the
<br />Property and accepts the physical condition and current level of environmental hazards on the
<br />Property and deems the Property to be safe for the Grantee's intended use.
<br />2. If an actual or threatened release of a hazardous substance or petroleum product is
<br />discovered on the Property after the date of the conveyance, whether or not such substance was set
<br />forth in the technical environmental reports, including the EBS, Grantee or its successors or assigns
<br />shall be responsible for such release or newly discovered substance unless Grantee is able to
<br />demonstrate that such release or such newly discovered substance was due to the United States
<br />Army's activities, ownership, use, or occupation of the Property. Grantee, its successors and
<br />assigns, as consideration for the conveyance, agree to release Grantor from any liability or
<br />responsibility for any claims arising solely out of the release of any hazardous substance or
<br />petroleum product on the Property occurring after the date of this Deed, where such substance or
<br />product was placed on the Property by the Grantee, or its successors, assigns, employees, invitees,
<br />agents or contractors, after the conveyance. This Subsection IV.b. shall not affect the United States
<br />Army's responsibilities to conduct response actions or corrective actions that are required by
<br />applicable laws, rules and regulations.
<br />V. GENERAL EXCEPTIONS TO CONVEYANCE
<br />This conveyance is expressly made subject to the following matters to the extent and only to
<br />the extent the same are valid and affect the Property:
<br />a. All existing permits, easements and rights-of-way for public streets, roads and highways,
<br />public utilities, electric power lines, electric transmission facilities, recreational trails, railroads,
<br />pipelines, ditches and canals on, over and across said land, whether or not of record, including but
<br />not limited to the following:
<br />1. Easement DACA45-2-99-6157 granted to Hall County for road rights-of-way.
<br />2. Easement DACA45-2-00-6023 granted to Hall County for road rights-of-way.
<br />3. Easement DACA45-2-97-6024 granted to Southern Nebraska Rural Public Power
<br />District for overhead electric power lines.
<br />4. Easement DACA45-2-01-6078 granted to City of Grand Island for recreation trail
<br />rights-of-way. Grantee is not permitted to disturb the area lying within the
<br />recreation trail easement.
<br />b. Any zoning laws, ordinances, or regulations governing the subject property or regulations
<br />of other regulatory authorities having jurisdiction.
<br />c. Matters which would be disclosed by a careful physical inspection of the property or the
<br />property records and by a properly conducted survey of the property.
<br />d. Any survey discrepancies, conflicts, or shortages in area or boundary lines, or any
<br />encroachments, or protrusions, or any overlapping of improvements that may affect the property.
<br />e. All existing interest(s) reserved to or outstanding in third parties in and to coal, oil, gas,
<br />and/or minerals.
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