|
200407897
<br />made a complete search of its records concerning the Property subject to this deed. Those
<br />records indicate that the hazardous substances, as defined by Section 101(14) of CERCLA,
<br />shown on Exhibit `B ", attached hereto and made a part hereof, have been stored for one year or
<br />more (S), released (R), or disposed of (D) on the Property during the time the Property was
<br />owned by the Grantor. The Grantee should review the Final Environmental Baseline Survey
<br />No. 38- EH- 8519 -99, dated 9 -20 November 1998, as amended by Amendment No. 1, signed
<br />April 2002, the Environmental Baseline Survey for the Property, dated 3 May 1999, and the
<br />Finding of Suitability for Transfer, dated August 2001, for further details.
<br />b. The Grantor covenants and warrants that all remedial action necessary to protect human
<br />health and the environment with respect to 'any such substances remaining on the Property has
<br />been taken prior to the date hereof. Furthermore, excepting those situations where the Grantee
<br />hereunder (who was a lessee of the Property), its successors or assigns, or any other lessee of the
<br />Property subsequent to 14 September 1979, is a potentially responsible party, as defined by
<br />CERCLA, any additional remedial action found to be necessary with respect to any such
<br />substance remaining on the Property after the date hereof shall be conducted by the
<br />United States.
<br />c. The Grantor reserves a right of access to any and all portions of the herein - described
<br />parcels of land for purposes of environmental investigation, remediation or other corrective
<br />action. This reservation includes the right of access to and use of, to the extent permitted by law,
<br />available utilities at reasonable cost to the Grantor. These rights shall be exercisable in any case
<br />in which a remedial action, response action or corrective action is found to be necessary after the
<br />date of conveyance of the herein described parcels of land, or such access is necessary to carry
<br />out a remedial action, response action or corrective action on adjoining property. Pursuant to
<br />this reservation, the United States and its officers, agents, employees, contractors and
<br />subcontractors shall have the right (upon reasonable notice to the Grantee or the then owner and
<br />any authorized occupant of the Property) to enter upon the herein described parcels of land and
<br />conduct investigations and surveys, to include drilling, test - pitting, borings, data and/or record
<br />compilation, and other activities related to environmental investigation, and to carry out remedial
<br />or removal actions as required or necessary under applicable authorities, including but not
<br />limited to monitoring wells, pumping wells, and treatment facilities.
<br />IV. SPECIFIC ENVIRONMENTAL NOTICES, EXCLUSIONS, COVENANTS, AND
<br />RESTRICTIONS AFFECTING THE PROPERTY FEDERAL FACILITY AGREEMENT
<br />This conveyance is expressly made subject to the following environmental notices,
<br />exclusions, exceptions, restrictions and covenants affecting the Property hereby conveyed to the
<br />extent and only to the extent the same are valid and affect the Property, and shall be considered
<br />as covenants running with the land and binding on all parties having any right, title or interest in
<br />the Property, or any part thereof, their heirs, successors and assigns.
<br />a. Federal Facility Agreement
<br />The Grantee acknowledges that Cornhusker Army Ammunition Plant has been identified
<br />as a National Priority List (NPL) site under the Comprehensive, Environmental, Response,
<br />S
<br />If
<br />
|