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200304885 <br />2. If an actual or threatened release of a hazardous substance or petroleum product is <br />discovered on the Property after 26 January 1997, whether or not such substance was set forth in <br />the technical environmental reports, including the EBS, Grantee or its successors or assigns shall <br />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 27 January 1997. 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 after 26 January 1997, where such <br />substance or product was placed on the Property by the Grantee, or its successors, assigns, <br />employees, invitees, agents or contractors. This Subsection IV.b.2. 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. <br />c. Conditions of Perpetual Easement <br />Grantee acknowledges that on 27 January 1997 it was granted a perpetual easement <br />(DACA45 -2 -97 -6024) for an electric distribution system that included the substation that is <br />situated on the property. Grantee also acknowledges that in accordance with said easement, <br />Conditions 5, 8, 9, 10, 12, 14, 15, and 22 of said easement are non - transferrable rights of the <br />grantor and survive this conveyance to the grantee. <br />V. GENERAL EXCEPTIONS TO CONVEYANCE <br />This conveyance is expressly made subject to the following matters to the extent and only <br />to the extent the same are valid and affect the Property: <br />a. All existing permits, easements and rights -of -way for public streets, roads and highways, <br />public utilities, electric power lines, electric transmission facilities, recreational trails, railroads, <br />pipelines, ditches and canals on, over and across said land, whether or not of record, including <br />but not limited to the following: <br />1. Easement DACA45 -2 -99 -6157 granted to Hall County for road rights -of -way. <br />2. Easement DA25- 066 -ENG -11968 granted to Consumers Public Power District for <br />electric power -line rights -of -way. <br />3. Easement DACA45 -2 -97 -6024 granted to Southern Nebraska Rural Public Power <br />District (SPPD) for electric power -line and substation rights -of -way. <br />b. Any zoning laws, ordinances, or regulations governing the subject property or <br />regulations of other regulatory authorities having jurisdiction. <br />c. Matters which would be disclosed by a careful physical inspection of the property or <br />the property records and by a properly conducted survey of the property. <br />4 <br />