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200304712
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Last modified
10/15/2011 8:43:45 PM
Creation date
10/21/2005 5:02:36 PM
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DEEDS
Inst Number
200304712
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200304712 <br />Amendment No. 1, signed 30 March 2001, and the FOST for the property dated January 2001, <br />prepared by the Grantor, and agrees, to the best of the Grantee's knowledge, that they accurately <br />describe the environmental condition of the Property. The Grantee has inspected the Property <br />and, subject to the provisions of Section III.a., accepts the physical condition and current level of <br />environmental hazards on the Property and deems the Property to be safe for the Grantee's <br />intended use. <br />2. If an actual or threatened release of a hazardous substance or petroleum product is <br />discovered on the Property on or after 1 March 2002, whether or not such substance was set forth <br />in the technical environmental reports, including the EBS, Grantee or its successors or assigns <br />shall be responsible for such release or newly discovered substance unless Grantee is able to <br />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 1 March 2002. 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 1 March 2002, where such <br />substance or product was placed on the Property by Grantee, or its successors, assigns, <br />employees, invitees, agents or contractors. This Subsection IV.b. shall not affect the Grantor's <br />responsibilities to conduct response actions or corrective actions that are required by applicable <br />laws, rules and regulations or Subsection III.a. This Subsection IV.b.2. shall not be construed as <br />an admission of or as establishing liability against Grantor and/or Grantee for any PCB releases <br />from equipment mentioned in Subsection IV.e. <br />c. Notice of the Presence of Lead -Based Paint and Covenant Against the Use of the <br />Existing Building for Residential Purposes <br />1. The Grantee is hereby informed and does acknowledge that the building on the <br />Property, which was constructed or rehabilitated prior to 1978 ( "Existing Building "), is <br />presumed to contain lead -based paint. Lead from paint, paint chips, and dust can pose health <br />hazards if not managed properly. Every purchaser of any interest in Residential Real Property on <br />which a residential dwelling was built prior to 1978 is notified that such property may present <br />exposure to lead from lead -based paint that may place young children at risk of developing lead <br />poisoning. Lead poisoning in young children may produce permanent neurological damage, <br />including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired <br />memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any <br />interest in Residential Real Property is required to provide the buyer with any information on <br />lead -based paint hazards from risk assessments or inspections in the seller's possession and <br />notify the buyer of any known lead -based paint hazards. "Residential Real Property" means any <br />housing constructed prior to 1978, except housing for the elderly (households reserved for and <br />composed of one or more persons 62 years of age or more at the time of initial occupancy) or <br />persons with disabilities (unless any child who is less than 6 years of age resides or is expected to <br />reside in such housing) or any 0- bedroom dwelling. Grantor, in requiring the provisions of <br />Subsection IV.c., acknowledges that the Existing Building has not been used as Residential Real <br />Property. <br />
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