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200208 7 GG SPECIAL WARRANTY DEED, Farm Progress to RowheT Family Limited Partnership 1 environmental condition of any portion of Tracts 53 and 54 including the Real Estate conveyed 2 hereunder. 3 4 The italicized information below is copied verbatim (except as discussed below) from the 5 Government Deed conveying Tracts 53 and 54 to the Grantor. To the extent applicable to the 6 Real Estate conveyed hereunder, by acceptance of this Deed the Grantee hereby acknowledges 7 and assumes all responsibilities placed upon the Grantor under the terms of the aforesaid 8 Government deed to Grantor. Within the italicized information only, the term "Grantor" shall 9 mean the Government, and the term "Grantee" shall mean Farm Progress; to avoid confusion, the 10 words "the Government" have been added in parenthesis after the word "Grantor, and "Farm 1 l Progress" has been added in parenthesis after the word "Grantee ". 12 13 H. GENERAL GOVERNMENT RESERVATIONS TO CONVEYANCE 14 15 SAVE AND EXCEPT and there is hereby reserved unto Grantor 16 ( "Government'), and its assigns, all rights and interests that have been 17 previously reserved to Grantor ( "Government') in any Patent(s) of record 18 covering the Property. 19 20 IIL CERCLA COVENANT AND RESERVED ACCESS 21 22 a. Pursuant to Section 120(h)(4) of the Comprehensive 23 Environmental Response, Compensation, and Liability Act, as amended, 42 24 U.S.C. Section 9601 et seq. (CERCLA), the Finding of Suitability to Transfer 25 (FOST) dated October 1998, as amended 12 July 1999, has identified the 26 Property as real property on which no hazardous substances and no petroleum 27 products or their derivatives were known to have been released or disposed of. A 28 copy of the FOST, as amended, has been provided the Grantee ( "Farm 29 Progress'). The Grantor ( "Government') covenants and warrants to the 30 Grantee ( "Farm Progress') that in the event any response action or corrective 31 action is found to be necessary after the date of this conveyance as a result of 32 hazardous substances or petroleum products or their derivatives existing on the 33 Property prior to the date of this conveyance, such response action or corrective 34 action shall be conducted by the GRANTOR ( "Government'). This covenant 35 shall not apply in any case in which a person or entity to whom all or a portion of 36 the Property is transferred or the Agricultural Institute of Nebraska, Inc. (the 37 former lessee of the property) is a potentially responsible party with respect to the 38 Property. The Grantor ( "Government') shall not incur liability for additional 39 response action or corrective action found to be necessary after the date of 40 conveyance as a result of hazardous substances or petroleum products or their 41 derivatives existing on the property prior to the date of this conveyance, in any 42 case in which any other non - Grantor ( "Government') entity is identified as the 43 party responsible for contamination of the Property. 03- 75865.02 2