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200204921
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200204921
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Last modified
10/14/2011 9:57:48 PM
Creation date
10/22/2005 7:57:10 PM
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DEEDS
Inst Number
200204921
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20020492, <br />(b) Nothing contained herein shall preclude the Grantee from undertaking, in <br />accordance with applicable laws and regulations, such additional remediation necessary to allow <br />for residential use of the Property. Any additional remediation will be at no additional cost to the <br />Grantor and with the Grantor's prior written consent. Consent may be conditioned upon such <br />terms and conditions, as the Grantor deems reasonable and appropriate, including performance <br />and payment bonds and insurance. Upon completion of such remediation required to allow <br />residential use of the Property and upon the Grantee's obtaining the approval of the <br />Environmental Protection Agency (EPA) and the Nebraska DEQ and, if required, any other <br />regulatory agency, the Grantor agrees to release or, if appropriate, modify this restriction by <br />executing and recording, in the same land records of Nebraska, Hall County, as this deed, a <br />Partial Release of Covenant. Grantee shall bear the cost of recording and reasonable <br />administrative fees. <br />2. Enforcement <br />(a) The above covenants and land use restrictions shall insure to the benefit of the <br />public in general and adjacent lands, including lands retained by the United States, and, <br />therefore, are enforceable by the United States Government and State of Nebraska. These <br />restrictions and covenants are binding on the Grantee, its successors and assigns; shall run with <br />the land; and are forever enforceable. <br />(b) The Grantee covenants for itself, its successors and assigns that it shall include <br />and otherwise make legally binding the above land use restrictions in all subsequent leases, <br />transfer or conveyance documents relating to the Property subject hereto. Notwithstanding this <br />provision, failure to include these land use restrictions in subsequent conveyances does not <br />abrogate the status of these restrictions as binding upon the parties, their successors and assigns. <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 />E <br />
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