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200203896 CORNHUSKER ARMY AMMUNITION PLANT QUITCLAIM DEED 11. GENERAL GOVERNMENT RESERVATIONS TO CONVEYANCE SAVE AND EXCEPT and there is hereby reserved unto Grantor, and its assigns, all rights and interests that have been previously reserved to Grantor in any Patent(s) of record covering the Property. M. CERCLA COVENANT AND RESERVED ACCESS a. Pursuant to Section 120(h)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. Section 9601 et seq. ( CERCLA), the Finding of Suitability to Transfer (FOST) dated October 1998, as amended 12 July 1999, has identified the Property as real property on which no hazardous substances and no petroleum products or their derivatives were known to have been released or disposed of. A copy of the FOST, as amended, has been provided the Grantee. The Grantor covenants and warrants to the Grantee that in the event any response action or corrective action is found to be necessary after the date of this conveyance as a result of hazardous substances or petroleum products or their derivatives existing on the Property prior to the date of this conveyance, such response action or corrective action shall be conducted by the GRANTOR. This covenant shall not apply in any case in which a person or entity to whom all or a portion of the Property is transferred or the Agricultural Institute of Nebraska, Inc. (the former lessee of the property) is a potentially responsible party with respect to the Property. The Grantor shall not incur liability for additional response action or corrective action found to be necessary after the date of conveyance as a result of hazardous substances or petroleum products or their derivatives existing on the property prior to the date of this conveyance, in any case in which any other non - Grantor entity is identified as the party responsible for contamination of the Property. b. Grantor reserves a right of access to all portions of the Property for environmental investigation, remediation or other corrective action. This reservation includes the right of access to and use of available utilities at reasonable cost to Grantor. These rights shall be exercisable in any case in which a remedial action, response action or corrective action is found to be necessary after the date of this conveyance, or in which access is necessary to carry out a remedial action, response action, or corrective action on adjoining property. Pursuant to this reservation, Grantor, and its respective officers, agents, employees, contractors and subcontractors shall have the right (upon reasonable notice to the record title owner) to enter upon the Property and conduct investigations and surveys, to include drilling, test - pitting, borings, data and records compilation and other activities related to environmental investigation, and to carry out remedial or removal actions as required or necessary, including but not limited to the installation, operation, and removal of monitoring wells, pumping wells, and treatment facilities. Any such entry, including such activities, responses or remedial actions, shall be coordinated with record title owner and shall be performed in a manner that minimizes interruption with activities of authorized occupants. Grantor will provide the record title owner reasonable advance notice of such activities, responses, or remedial actions. 3 6