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200204919
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Last modified
7/10/2017 9:51:42 AM
Creation date
10/22/2005 7:56:12 PM
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DEEDS
Inst Number
200204919
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200204919 <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: <br />a. SAVE AND EXCEPT and there is hereby reserved unto Grantor, and its assigns, all <br />rights and interests that have been previously reserved to Grantor in any Patent(s) covering the <br />Property. <br />b. SAVE AND EXCEPT and there is hereby reserved unto Grantor, and its assigns, all <br />rents and other beneficial interests in favor of Grantor in and to the following leases to the extent, <br />and only to the extent that such rents and other beneficial interests cover the Property: <br />Eighty -nine (89) Department of the Army Leases for magazine storage purposes that expire <br />April 30, 2002, as identified on Exhibit "B ", which is attached hereto and made a part hereof. <br />III. CERCLA COVENANT AND RESERVED ACCESS <br />a. Pursuant to Section 120 (h)(3) of the Comprehensive Environmental Response, <br />Compensation and Liability Act, as amended (CERCLA) 42 U.S.C. 9620 (h)(3), the Grantor <br />has made a complete search of its records concerning the property subject to this deed. Those <br />records indicate that the hazardous substances, as defined by Section 101 (14) of CERCLA, <br />shown on Exhibit "C ", attached hereto and made a part hereof, have been stored for one year or <br />more (S), released (R), or disposed of (D) on the property during the time the property was <br />owned by the Grantor. The Grantee should review the Final Environmental Baseline Survey <br />No. 38- EH- 8519 -99 dated 9 -20 November 1998, as amended by Amendment No. 1, <br />signed 30 March 2001, for further details. <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 reserves a right of access to any and all portions of the herein - described <br />tracts of land for purposes of environmental investigation, remediation or other corrective action. <br />This reservation includes the right of access to and use of, to the extent permitted by law, <br />3 <br />
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