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200407897
<br />Compensation and Liability Act (CERCLA) of 1980, as amended. A copy of the Cornhusker
<br />Army Ammunition Plant Federal Facility Agreement (FFA), entered into by the United States
<br />Environmental Protection Agency (EPA) Region VII, the State of Nebraska, and the Department
<br />of the Army, effective September 1990, and a copy of any amendments thereto, have been
<br />provided the Grantee. The Grantee, its successors and assigns, agree that should any conflict
<br />arise between the terms of the FFA as they presently exist or may be amended, and the
<br />provisions of this property transfer, the terms of the FFA will take precedence. The Grantee, its
<br />successors and assigns, further agree that notwithstanding any other provisions of this Deed, the
<br />Grantor assumes no liability to the Grantee, its successors and assigns, should implementation of
<br />the FFA interfere with their use of the Property. The Grantee, its successors and assigns, shall
<br />have no claim on account of any such interference against the Grantor or any officer, agent,
<br />employee or contractor thereof.
<br />b. Environmental Baseline Survey (EBS) and Finding of Suitability to Transfer
<br />(FOST)
<br />The Grantee has received the technical environmental reports, including the Environmental
<br />Baseline Surveys for the Property dated 9 -20 November 1998, as amended, the Environmental
<br />Baseline Survey dated 3 May 1999, and the FOST for the Property dated August 2001, prepared
<br />by the Grantor, and agrees, to the best of the Grantee's knowledge, that they accurately describe
<br />the environmental condition of the Property. The Grantee has inspected the Property and accepts
<br />the physical condition and current level of environmental hazards on the Property and deems the
<br />Property to be safe for the Grantee's intended use.
<br />If an actual or threatened release of a hazardous substance or petroleum product is
<br />discovered on the Property on or after 15 September 1979, whether or not such substance was set
<br />forth in the technical environmental reports, including the EBS, Grantee or its successors or
<br />assigns shall be responsible for such release or newly discovered substance unless Grantee is
<br />able to demonstrate that such release or such newly discovered substance was due to Grantor's
<br />activities, ownership, use, or occupation of the Property prior to 15 September 1979. Grantee, its
<br />successors and assigns, as consideration for the conveyance, agree to release Grantor from any
<br />liability or responsibility for any claims arising solely out of the release of any hazardous
<br />substance or petroleum product on the Property occurring on or after 15 September 1979, where
<br />such substance or product was placed on the Property by the Grantee, or its successors, assigns,
<br />employees, invitees, agents or contractors, on or after 15 September 1979. This
<br />Subparagraph VI.b. shall not affect the Grantor's responsibilities to conduct response actions or
<br />corrective actions that are required by applicable laws, rules and regulations.
<br />c. Notice of the Presence of Lead -Based Paint and Covenant Against the Use of the
<br />Property for Residential Purposes
<br />1. The Grantee is hereby informed and does acknowledge that all buildings on the
<br />Property, which were constructed or rehabilitated prior to 1978, are presumed to contain lead -
<br />based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed
<br />properly. Every purchaser of any interest in Residential Real Property on which a residential
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