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<br />RESERVING, however, to the Grantor and its assigns, a perpetual and assignable
<br />easement for the operation of the existing water lines and Well Houses EW -6 (Tract 37A) and
<br />EW -7 (Tract 38A) (hereinafter "facilities "), as shown on Exhibits "A -1 ", 66A -2999 A -3"
<br />and "A -4 ", associated with the Pump and Treatment Plant located in Section Seven (7),
<br />township Eleven (11), North, Range Ten (10) West of the Sixth Meridian, together with access to
<br />the facilities for monitoring and/or maintenance purposes. The Grantee, its successors and
<br />assigns shall allow ingress and egress of all equipment necessary to accomplish the same.
<br />RESERVING, however, to the Grantor and its assigns a perpetual and assignable right,
<br />power, and easement in, upon, over and across the above described real property as follows: no
<br />new water wells shall be constructed and maintained on the land for domestic purposes; no
<br />existing water wells shall be utilized on the land for domestic purposes; and no ground water
<br />shall be used for domestic purposes. Domestic purposes include human consumption, sanitation,
<br />bathing, cooking, laundering, and swimming. Domestic purposes do not include crop irrigation,
<br />watering of livestock, and fire control. Ground water means that water which occurs in or
<br />moves, seeps, filters, or percolates through ground under the surface of the land. Grantor and its
<br />assigns also reserve a perpetual right of access to any and all portions of the above described real
<br />property for the purposes of monitoring compliance with and enforcing said easement, including
<br />the right, at Grantee, its successors, and assigns sole expense, to close and decommission any
<br />water wells being constructed, maintained, or utilized on the land for domestic purposes and to
<br />disconnect and remove any related pumping equipment, piping and utilities. Grantor and its
<br />assigns shall have the right to enforce said easement in any court of competent jurisdiction. In
<br />the event that explosive contamination in the groundwater, as identified in the Record of
<br />Decision, is attenuated to less than the cleanup levels established in Table 1 of the final revised
<br />Operable Unit 1 Record of Decision Amendment signed on 28 September 2001, or any later
<br />amendments to this Record of Decision, the underlying fee owner(s) may file a written
<br />application with the U.S. Army Corps of Engineers, Omaha District, Real Estate Division,
<br />Omaha, Nebraska, for a written release of said easement. A copy of this application shall be
<br />furnished to the U.S. Environmental Protection Agency and the Nebraska Department of
<br />Environmental Quality. Said release will be issued to the underlying fee owner(s) only in the
<br />event that the Army Corps of Engineers, in its sole discretion, gives its approval. In the event
<br />such a release is issued, the underlying fee owner(s) will bear all costs of recording the release in
<br />the local county records.
<br />TO HAVE AND TO HOLD the same, together with all improvements, hereditaments,
<br />appurtenances therein and all reversions, remainders, issues, profits and other rights belonging or
<br />related thereto, either in law or in equity, for the use, benefit and behalf of the Grantee, its
<br />successors and assigns forever.
<br />II. GENERAL GOVERNMENT RESERVATIONS TO CONVEYANCE
<br />This conveyance is expressly made subject to the following reservations in favor of
<br />Grantor, and its assigns:
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