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200407897 watering of livestock, and fire control. Ground water means that water which occurs in or moves, seeps, filters, or percolates through ground under the surface of the land. Grantor and its assigns also reserve a perpetual right of access to any and all portions of the above described real Property for the purposes of monitoring compliance with and enforcing said easement, including the right, at Grantee, its successors, and assigns sole expense, to close and decommission any water wells being constructed, maintained, or utilized on the land for domestic purposes and to disconnect and remove any related pumping equipment, piping and utilities. Grantor and its assigns shall have the right to enforce said easement in any court of competent jurisdiction. In the event that explosive contamination in the groundwater, as identified in the Record of Decision, is attenuated to less than the cleanup levels established in Table 1 of the final revised Operable Unit 1 Record of Decision Amendment signed on 28 September 2001, or any later amendments to this Record of Decision, the underlying fee owner(s) may file a written application with the U.S. Army Corps of Engineers, Omaha District, Real Estate Division, Omaha, Nebraska, for a written release of said easement. A copy of this application shall be furnished to the U.S. Environmental Protection Agency and the Nebraska Department of Environmental Quality. Said release will be issued to the underlying fee owner(s) only in the event that the Army Corps of Engineers, in its sole discretion, gives its approval. In the event such a release is issued, the underlying fee owner(s) will bear all costs of recording the release in the local county records. TO HAVE AND TO HOLD the same, together with all improvements, hereditaments, appurtenances therein and all reversions, remainders, issues, profits and other rights belonging or related thereto, either in law or in equity, for the use, benefit and behalf of the Grantee, its successors and assigns forever. II. GENERAL GOVERNMENT RESERVATIONS TO CONVEYANCE This conveyance is expressly made subject to the following reservations in favor of Grantor, its successors and assigns: a. SAVE AND EXCEPT and there is hereby reserved unto Grantor, its successors and assigns, all rights and interests that have been previously reserved to Grantor in any Patent(s) covering the Property. b. SAVE AND EXCEPT and there is hereby reserved unto Grantor, and its assigns, all rents and other beneficial interests in favor of Grantor in and to the following leases to the extent, and only to the extent that such rents and other beneficial interests cover the Property: Department of the Army Lease No. DACA45 -1 -79 -6041 granted to DTE Rail Services, Inc., for lease of certain land, buildings and railroad facilities located on the CHAAP. III. CERCLA COVENANT AND RESERVED ACCESS EASEMENT a. Pursuant to Section 120(h)(3) of the Comprehensive Environmental Response, Compensation and Liability Act, as amended ( CERCLA) 42 U.S.C. 9620(h)(3), the Grantor has 3