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200212786
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Last modified
10/15/2011 10:19:41 AM
Creation date
10/22/2005 10:43:57 PM
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DEEDS
Inst Number
200212786
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20O212786 2 Gfb7 <br />II. GENERAL GOVERNMENT RESERVATIONS TO CONVEYANCE <br />This conveyance is expressly made subject to the following reservations in favor of <br />Grantor, and its assigns: <br />SAVE AND EXCEPT and there is hereby reserved unto Grantor, and its assigns, all rights <br />and interests that have been previously reserved to Grantor in any Patent(s) covering the <br />Property. <br />III. CERCLA COVENANT AND RESERVED ACCESS <br />a. Pursuant to Section 120(h)(4) of the Comprehensive Environmental Response, <br />Compensation, and Liability Act, as amended, 42 U.S.C. Section 9601 et seq. ( CERCLA), the <br />Grantor has identified the Property as real property on which no hazardous substances and no <br />petroleum products or their derivatives were known to have been released or disposed of. The <br />Grantor covenants and warrants to the Grantee that in the event that any response action or <br />corrective action is found to be necessary after the date of this conveyance as a result of <br />hazardous substances or petroleum products or their derivatives existing on the Property prior to <br />the date of this conveyance, such response action or corrective action shall be conducted by the <br />Grantor. <br />b. Grantor reserves a right of access to all portions of the Property for environmental <br />investigation, remediation or other corrective action. This reservation includes the right of <br />access to and use of available utilities at reasonable cost to Grantor. These rights shall be <br />exercisable in any case in which a remedial action, response action or corrective action is found <br />to be necessary after the date of this conveyance, or in which access is necessary to carry out a <br />remedial action, response action, or corrective action on adjoining property. Pursuant to this <br />reservation, Grantor, and its respective officers, agents, employees, contractors and <br />subcontractors shall have the right (upon reasonable notice to the record title owner) to enter <br />upon the Property and conduct investigations and surveys, to include drilling, test - pitting, <br />borings, data and records compilation and other activities related to environmental investigation, <br />and to carry out remedial or removal actions as required or necessary, including but not limited <br />to the installation, operation, and removal of monitoring wells, pumping wells, and treatment <br />facilities. Any such entry, including such activities, responses or remedial actions, shall be <br />coordinated with record title owner and shall be performed in a manner that minimizes <br />interruption with activities of authorized occupants. Grantor will provide the record title owner <br />reasonable advance notice of such activities, responses, or remedial actions. This subparagraph <br />shall not affect the Grantor's future responsibilities, if any, to conduct response actions or <br />corrective actions that are required by applicable laws, rules and regulations. <br />IV. SPECIFIC ENVIRONMENTAL NOTICES, EXCEPTIONS, RESTRICTIONS AND <br />COVENANTS AFFECTING THE PROPERTY <br />This conveyance is expressly made subject to the following environmental notices, <br />exceptions, restrictions and covenants affecting the property hereby conveyed to the extent and <br />4 <br />
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