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2002049 9
<br />available utilities at reasonable cost to the Grantor. These rights shall be exercisable in any case
<br />in which a remedial action, response action or corrective action is found to be necessary after the
<br />date of conveyance of the herein described tracts of land, or such access.is necessary to carry out
<br />a remedial action, response action or corrective action on adjoining property. Pursuant to this
<br />reservation, the United States and its officers, agents, employees, contractors and subcontractors
<br />shall have the right (upon reasonable notice to the Grantee or the then owner and any authorized
<br />occupant of the property) to enter upon the herein described tracts of land and conduct
<br />investigations and surveys, to include drilling, testpitting, borings, data and/or record
<br />compilation, and other activities related to environmental investigation, and to carry out remedial
<br />or removal actions as required or necessary under applicable authorities, including but not
<br />limited to monitoring wells, pumping wells, and treatment facilities.
<br />IV. SPECIFIC ENVIRONMENTAL NOTICES, EXCLUSIONS, RESERVATIONS,
<br />COVENANTS, AND RESTRICTIONS AFFECTING THE PROPERTY
<br />This conveyance is expressly made subject to the following environmental notices,
<br />exceptions, restrictions and covenants affecting the property hereby conveyed to the extent and
<br />only to the extent the same are valid and affect the property, and shall be considered as covenants
<br />running with the land and binding on all' parties having any right, title or interest in the property,
<br />or any part thereof, their heirs, successors and assigns.
<br />a. Federal Facility Agreement: The Grantee acknowledges that Cornhusker Army
<br />Ammunition Plant has been identified as a National Priority List (NPL) site under the
<br />Comprehensive, Environmental, Response, Compensation and Liability Act (CERCLA) of 1980,
<br />as amended. A copy of the Cornhusker Army Ammunition Plant Federal Facility Agreement
<br />(FFA), entered into by the United States Environmental Protection Agency (EPA) Region VII,
<br />the State of Nebraska, and the Department of the Army, effective September 1990, and a copy of
<br />any amendments thereto, are available for the Grantee's review at the Office of the
<br />Commander's Representative or public library. The Grantee, its successors and assigns, agree
<br />that should any conflict arise between the terms of the FFA as they presently exist or may be
<br />amended, and the provisions of this property transfer, the terms of the FFA will take precedence.
<br />The Grantee, its successors and assigns, further agree that notwithstanding any other provisions
<br />of this deed, the Grantor assumes no liability to the Grantee, its successors and assigns, should
<br />implementation of the FFA interfere with their use of the property. The Grantee, its successors
<br />and assigns, shall have no claim on account of any such interference against the Grantor or any
<br />officer, agent, employee or contractor thereof.
<br />b. Environmental Baseline Survey (EBS) and Finding of Suitability to Transfer
<br />(FOST):
<br />1. The Grantee has received the technical environmental reports, including the
<br />Environmental Baseline Survey for the Property dated 9 -20 November 1998, as amended by
<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
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