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200204920
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200204920
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Last modified
10/14/2011 9:57:09 PM
Creation date
10/22/2005 7:57:06 PM
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DEEDS
Inst Number
200204920
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200204920 <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 <br />by Amendment No. 1, signed 30 March 2001, and the FOST for the property dated <br />January 2001, prepared by the Grantor, and agrees, to the best of the Grantee's <br />knowledge, that they accurately describe the environmental condition of the Property. The <br />Grantee has inspected the Property and accepts the physical condition and current level of <br />environmental hazards on the Property and deems the Property to be safe for the <br />Grantee's intended use. <br />2. If an actual or threatened release of a hazardous substance or petroleum product is <br />discovered on the Property after the date of the conveyance, whether or not such substance was <br />set forth in the technical environmental reports, including the EB S, Grantee or its successors or <br />assigns shall be responsible for such release or newly discovered substance unless Grantee is <br />able to demonstrate that such release or such newly discovered substance was due to Grantor's <br />activities, ownership, use, or occupation of the Property. Grantee, its successors and assigns, as <br />consideration for the conveyance, agree to release Grantor from any liability or responsibility for <br />any claims arising solely out of the release of any hazardous substance or petroleum product on <br />the Property occurring after the date of this Deed, where such substance or product was placed <br />on the Property by the Grantee, or its successors, assigns, employees, invitees, agents or <br />contractors, after the conveyance. This Subsection IV.b. shall not affect the Grantor's <br />responsibilities to conduct response actions or corrective actions that are required by applicable <br />laws, rules and regulations. <br />c. Polychlorinated Biphenyls (PCBs) Containing Equipment Notification <br />The Grantee is hereby informed and does acknowledge that equipment containing <br />polychlorinated biphenyls (PCBs) exists on the property being conveyed. Said equipment is <br />owned by Southern Nebraska Rural Public Power District (SPPD). <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 />a. All existing permits, easements and rights -of -way for public streets, roads and <br />highways, public utilities, electric power lines, electric transmission facilities, recreational trails, <br />railroads, pipelines, ditches and canals on, over and across said land, whether or not of record, <br />including but not limited to the following: <br />1. Easement DA25- 066 -ENG -11968 granted to Consumers Public Power District for <br />electric power -line rights -of -way. <br />2. Easement DACA45 -2 -97 -6024 granted to Southern Nebraska Rural Public Power <br />District for electric power -line and substation rights -of -way. <br />on <br />
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