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200410585
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200410585
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Last modified
10/16/2011 10:32:27 PM
Creation date
10/21/2005 5:24:24 AM
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DEEDS
Inst Number
200410585
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9� <br />200410585 <br />b. The Grantor covenants and warrants that all remedial action necessary to ensure <br />protection of human health and the environment with respect to any such substance remaining on <br />the property has been taken prior to the date hereof. Furthermore, excepting those situations <br />where the Grantee, its successors or assigns, hereunder are potentially responsible parties, as <br />defined by CERCLA, any additional remedial action found to be necessary with respect to any <br />such substance remaining on the property after the date hereof shall be conducted by the <br />United States. <br />c. 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 />d. 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, EXCLUSIONS, RESERVATIONS, <br />COVENANTS AND RESTRICTIONS AFFECTING THE PROPERTY <br />This conveyance is expressly made subject to the following environmental notices, <br />exclusions, reservations, covenants and restrictions 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 />4 <br />I <br />
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