200407897 - Laserfiche WebLink

Browse

200407897 any court of competent jurisdiction. Notwithstanding the foregoing, Grantor, and its assigns shall have no affirmative duty to any successor in title to this conveyance to enforce any of the following agreements and covenants. a. It is understood and agreed by Grantee, for itself and its successors and assigns, that except for warranties, responsibilities and agreements of Grantor specifically set forth herein, the Property is conveyed "as is" and "where is" without any representation or warranty on the part of Grantor to make any alterations, repairs or additions. Grantor shall not be liable for any latent or patent defects in the Property. Grantee, for itself and its successors and assigns, acknowledges that Grantor has made no representations or warranty concerning the condition and state of repair of the Property nor any agreement or promise to alter, improve, adapt or repair the Property. b. The Grantee, its successors and assigns, shall neither transfer the Property, lease the Property, nor grant any interest, privilege, or license whatsoever in connection with the Property without the inclusion of the environmental protection provisions contained herein, and shall require the inclusion of such environmental protection provisions in all further deeds, transfers, leases, or grants of any interest, privilege, or license. VI. AGREEMENTS, NOTICES AND CONDITIONS a. Anti - Deficiency Act The Grantor's obligation to pay or reimburse any money under this Deed is subject to the availability of appropriated funds to the Department of the Army, and nothing in this deed shall be interpreted to require obligations or payment by the Grantor in violation of the Anti - Deficiency Act. b. Wetlands Notice A portion of the Property contains wetlands. c. Rail Use Agreement Between DTE Rail Services, Inc., and County of Hall, Nebraska Use of the conveyed railroad facilities and rights -of -way will be in accordance with the provisions set forth in the AGREEMENT AND DECLARATION OF COVENANTS, RESTRICTIONS AND CONDTIONS, dated 17 December 2002, between DTE Rail Services, Inc., and County of Hall, Nebraska, attached hereto as Exhibit "C" and made a part hereof. VII. GENERAL EXCEPTIONS TO CONVEYANCE This conveyance is expressly made subject to the following matters to the extent and only to the extent the same are valid and affect the Property: 11 19