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200206030
<br />Grantee has been allowed to make an inspection of the Property and has knowledge as to
<br />the past use of the Property. Based upon this inspection and knowledge, Grantee is aware of the
<br />condition of the Property and GRANTEE ACKNOWLEDGES THAT GRANTEE IS
<br />PURCHASING THE PROPERTY ON AN "AS -IS WITH ALL FAULTS" BASIS WITH
<br />ANY AND ALL PATENT AND LATENT DEFECTS, INCLUDING THOSE RELATING
<br />'fO THE ENVIRONMENTAL CONDITION OF THE PROPERTY, AND THAT
<br />GRANTEE IS NOT RELYING ON ANY REPRESENTATION OR WARRANTIES,
<br />EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER FROM GRANTOR AS TO
<br />ANY MATTERS CONCERNING THE PROPERTY, including the physical condition of the
<br />Property and any defects thereof, the presence of any hazardous substances, wastes or
<br />contaminants in, on or under the Property, the condition or existence of any of the above ground
<br />or underground structures or improvements in, on or under the Property, the condition of title to
<br />the Property, and the leases, easements or other agreements affecting the Property. Grantee is
<br />aware of the risk that hazardous substances and contaminants may be present on the Property,
<br />and indemnifies, holds harmless and hereby waives, releases and discharges forever Grantor from
<br />any and all present or future claims or demands, and any and all damages, loss, injury, liability,
<br />claims or costs, including fines, penalties and judgments, and attorney's fees, arising from or in
<br />any way related to the condition of the Property or alleged presence, use, storage, generation,
<br />manufacture, transport, release, leak, spill, disposal or other handling of any hazardous
<br />substances or contaminants in, on or under the Property. Losses shall include without limitation
<br />(a) the cost of any investigation, removal, remedial or other response action that is required by
<br />any Environmental Law, that is required by judicial order or by order of or agreement with any
<br />governmental authority, or that is necessary or otherwise is reasonable under the circumstances,
<br />(b) capital expenditures necessary to cause the Grantor's remaining property or the operations or
<br />business of the Grantor on its remaining property to be in compliance with the requirements of
<br />any Environmental Law, (e) losses for injury or death of any person, and (d) losses arising under
<br />any Environmental Law enacted after transfer. The rights of Grantor under this section shall be in
<br />addition to and not in lieu of any other rights or remedies to which it may be entitled under this
<br />document or otherwise. This indemnity specifically includes the obligation of Grantee to remove,
<br />close, remediatc, reimburse or take other actions requested or required by any governmental
<br />agency concerning any hazardous substances or contaminants on the Property.
<br />The term "Environmental Law" means any federal, state or local statute, regulation, code,
<br />role, ordinance, order, judgment, decree, injunction or common law pertaining in any way to the
<br />protection of human health or the environment, including without limitation, the Resource
<br />Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation
<br />and Liability Act, the Toxic Substances Control Act, and any similar or comparable state or local
<br />law.
<br />The term "Hazardous Substance" means any hazardous, toxic, radioactive or infectious
<br />substance, material or waste as defined, listed or regulated under any Environmental Law, and
<br />includes without limitation petroleum oil and any of its fractions.
<br />BNSF 02787 Grind Island, NF
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