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200407898 THESE ASSIGNED EASEMENTS are assigned subject to the following conditions: 1. CONSIDERATION As consideration for the facilities conveyed herein, the assignee shall pay the United States the amount of Twenty Three Thousand and No /100 Dollars ($23,000.00), the receipt and sufficiency of which is hereby acknowledged. 2. NOTICES All correspondence and notices to be given pursuant to this assignment of easement interests shall be addressed, if to the assignee, to DTE Rail Services, Inc., 425 South Main Street, Ann Arbor, Michigan 48104, and, if to the United States, to the District Engineer, ATTN: Chief, Real Estate Division, 106 South 15th Street, Omaha, Nebraska 68102 -1618, or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope or wrapper addressed as aforesaid, and deposited postage prepaid in a post office regularly maintained by the United States Postal Service. 3. APPLICABLE LAWS AND REGULATIONS The assignee shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the Assigned Easements are located, including, but not limited to, the provisions of the latest edition of the National Electrical Safety Code (NESC) and the Environmental Protection Agency regulations on polychlorinated biphenyls (PCBs). 4. CONDITION OF ASSIGNED EASEMENTS The assignee acknowledges that it has inspected the area occupied by the Assigned Easements and knows the condition thereof. 5. PROTECTION OF GOVERNMENT PROPERTY The assignee shall be responsible for any damage that may be caused to the property of the United States by the activities of the assignee under this easement. Any property of the United States damaged or destroyed by the assignee shall be promptly repaired or replaced by the assignee to a condition satisfactory to officer having jurisdiction over the property, or at the election of said officer, reimbursement made therefor by the assignee in an amount necessary to restore or replace the property to a condition satisfactory to said officer. 6. RIGHT TO ENTER The right is reserved to the United States, its officers, agents, and employees to enter upon the Assigned Easements at any time and for any purpose necessary or convenient in connection with 2