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200204919 <br />(c) The Grantee, for itself, its successors and assigns, covenants that it will not <br />undertake or allow any activity on or use of the Property that would violate the land use <br />restrictions contained herein. <br />(d) Notwithstanding any other provision of this Deed; any agreement between the <br />Grantee and the Grantor; or the provisions of CERCLA, including CERCLA Section 120(h)(3), <br />the Grantee on behalf of itself, its successors and assigns, covenants and agrees that the Grantee <br />or the then record owner of the Property will be fully responsible for any investigation and/or <br />remediation of hazardous substances, pollutants or contaminants, or petroleum or petroleum <br />derivatives, to the extent that such investigation and/or remediation becomes necessary in <br />response to a violation of the land use restrictions in this subsection IV.e. <br />3. Submissions <br />Modification of Restrictions. The Grantee shall submit any requests to install <br />monitoring wells, to construct subsurface structures for human occupation, or for other <br />modifications to the above restrictions to Grantor, with a copy to EPA and Nebraska DEQ, by <br />first class mail, postage prepaid, addressed as follows: <br />(a) to Grantor: Corps of Engineers, Omaha District <br />ATTN: CENWO -RE <br />106 South 15th Street <br />Omaha, NE 68102 -1618 <br />(b) to EPA: U.S. Environmental Protection Agency, Region VII <br />901 North 5th Street <br />Kansas City, KS 66101 <br />(c) to state EPA: Nebraska Department of Environmental Quality <br />P.O. Box 98922 <br />Lincoln, NE 68509 -8922 <br />E Inclusion of Provisions <br />The Grantee, its successors and assigns, shall neither transfer the Property, lease the <br />Property, nor grant any interest, privilege, or license whatsoever in connection with the Property <br />without the inclusion of the environmental protection provisions contained herein (section IV), <br />and shall require the inclusion of such environmental protection provisions in all further deeds, <br />transfers, lease, or grants of any interest, privilege, or license. <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 />0 <br />