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200409567
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Last modified
10/16/2011 9:21:55 PM
Creation date
10/21/2005 4:35:05 AM
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DEEDS
Inst Number
200409567
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20040956"7 <br />Grantor covenants and warrants to the Grantee that in the event that any response action or <br />corrective action is found to be necessary after the date of this conveyance as a result of <br />hazardous substances or petroleum products or their derivatives existing on the Property prior to <br />the date of this conveyance, such response action or corrective action shall be conducted by the <br />Grantor. <br />b. The Grantor shall not incur liability for additional response action or corrective action <br />found to be necessary after the date of transfer in any case in which the person or entity to whom <br />the property is transferred, or other non - Grantor entities, is identified as the party responsible for <br />contamination of the property. <br />c. Grantor reserves a right of access to all portions of the Property for environmental <br />investigation, remediation or other corrective action. This reservation includes the right of <br />access to and use of available utilities at reasonable cost to Grantor. These rights shall be <br />exercisable in any case in which a remedial action, response action or corrective action is found <br />to be necessary after the date of this conveyance, or in which access is necessary to carry out a <br />remedial action, response action, or corrective action on adjoining property. Pursuant to this <br />reservation, Grantor, and its respective officers, agents, employees, contractors and <br />subcontractors shall have the right (upon reasonable notice to the record title owner) to enter <br />upon the Property and conduct investigations and surveys, to include drilling, test - pitting, <br />borings, data and records compilation and other activities related to environmental investigation, <br />and to carry out remedial or removal actions as required or necessary, including but not limited <br />to the installation, operation, and removal of monitoring wells, pumping wells, and treatment <br />facilities. Any such entry, including such activities, responses or remedial actions, shall be <br />coordinated with record title owner and shall be performed in a manner that minimizes <br />interruption with activities of authorized occupants. Grantor will provide the record title owner <br />reasonable advance notice of such activities, responses, or remedial actions. This subparagraph <br />shall not affect the Grantor's future responsibilities, if any, to conduct response actions or <br />corrective actions that are required by applicable laws, rules and regulations. <br />IV. SPECIFIC ENVIRONMENTAL NOTICES, EXCEPTIONS, RESERVATIONS AND <br />COVENANTS AFFECTING THE PROPERTY <br />This conveyance is expressly made subject to the following environmental notices, <br />exceptions, reservations, and covenants affecting the property hereby conveyed to the extent and <br />only to the extent the same are valid and affect the property, and shall be considered as covenants <br />running with the land and binding on all parties having any right, title or interest in the property, <br />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 as <br />a National Priority List (NPL) site under the Comprehensive, Environmental, Response, <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 />t-1 <br />
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