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99109121
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Last modified
3/13/2012 7:21:26 PM
Creation date
10/21/2005 12:43:46 AM
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DEEDS
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99109121
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� 99 1� 91 " 1 <br /> NO. DACA45-2-99-6157 <br /> to the Direetive of the Department of Defense (32 CFR Part 300) issued as Department of Defense <br /> Directive 5500.11 and 1020.1, and Army Regulation 600-7. This assurance shall be binding on the <br /> grantee, its agents, successors,transferees, and assignees. <br /> 19. RESTORATION <br /> On or before the ternunation or revocation of this easement,the gantee shall, without expense to <br /> the United States and within such time as said o�cer may indicate, restore the premises to the satisfaction <br /> of said officer. In the event the gantee shall fail to restore the premises, at the option of said officer, said <br /> improvements shall either become the property of the United States without compensation therefore, or <br /> said officer shall have the option to perform the restoration at the e�ense of the grantee, and the gantee <br /> shall have no claim for damages against the United States or its officers or agents for such action. <br /> 20. DISCLAIlI�R <br /> � .. . .,t� x,;.� <br /> This ii�stcumetrt �s`effective'only insofar as the rights of the United States in the premises are <br /> concern�; and the�gr�t+�shall obtain such pernvssion as may be required on account of any other <br /> existing rights. It is understood that the ganting of this easement does not eliminate the necessity for <br /> obtaining any Department of the Army pennit which may be required pursuant to the provisions of Sedion <br /> 10 of the Rivers and Harbors Act of 3 March 1899(30 Stat. 1151; 33 U.S.C. §403), Section 404 of the <br /> Clean Water Act(33 U.S.C. § 1344) or any other pernvt or license which may be required by Federal, <br /> 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, 1 l, 13 and 20 are non-transferable rights of the gantor. In the event <br /> of disposal of the United States'underlying fee,these rights and conditions will not transfer. <br /> Prior to the execution of this easement, Conditions Nos. 13 and 15 were modified and the <br /> following site-specific Condition No. 22 was added hereto and made a part hereof: <br /> 22. FEDERAL FACILITY AGREEMENT: A copy of the Cornhusker Army Ammunition Plant <br /> Federal Facility Agreement (FFA), entered into by the United States Environmental Protection <br /> Agency (EPA) Region VII, the State of Nebraska, and the Department of the Army, effective <br /> September 1990, and a copy of any amendments thereto, are available for the grantee's review at the <br /> Office of the Installation Commander's Representative. The grantee agrees that should any conflict <br /> arise between the terms of the FFA as they presently exist or may be amended, and the provisions of <br /> this property 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 liability <br /> to the grantee should implementation of the FFA interfere with its use of the property. The grantee <br /> to whom the easement is transferred or any subsequent transferee, shall have no claim on account of <br /> any such interference against the United States or any officer, agent, employee or contractor thereof. <br /> 5 <br /> � <br />
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