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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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20021278E 17 <br />fibers. Both OSHA and EPA have determined that such exposure increases the risk of <br />asbestos - related diseases, which include certain cancers and which can result in disability or <br />death. <br />4. The Grantee acknowledges that it has inspected the Property as to its asbestos <br />content and condition and any hazardous or environmental conditions relating thereto. The <br />Grantee shall be deemed to have relied solely on its own judgment in assessing the overall <br />condition of all or any portion of the property, including, without limitation, any asbestos <br />hazards or concerns. <br />5. The Grantor assumes no liability for any damages to person or property, and gives <br />no warranties, either express or implied, with regard to the presence or absence of asbestos or <br />ACM in buildings and structures, or whether the Property is or is not suitable for a particular <br />purpose. The Grantee further agrees to indemnify and hold harmless the Grantor, its officers, <br />agents and employees from and against all suits, claims, demands or actions, liabilities, <br />judgements, penalties, costs and attorneys' fees arising out of or in any manner predicated upon, <br />future asbestos abatement or remediation from within buildings and structures on the Property; <br />disposal of ACM or asbestos after conveyance to the Grantee; personal injury, death or property <br />damages resulting from, related to, caused by or arising out of exposure to asbestos within <br />buildings or structures on the Property after the conveyance of such portion of the Property to the <br />Grantee. The Grantee's obligation hereunder shall apply whenever the United States incurs costs <br />or liabilities for actions giving rise to liability under this Section. The Grantee shall not be <br />responsible for indemnifying or holding the Grantor harmless from any loss, claims, liabilities, <br />judgments, penalties, costs, or damages arising out of exposure to asbestos that occurred prior to <br />the date of this Deed. <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 DACA45 -2 -00 -6023 granted to Hall County for road rights -of -way. <br />2. Easement DACA45 -2 -00 -6022 granted to Hall County for drainage ditch <br />rights -of -way. <br />3. Easement DACA45 -2 -01 -6078 granted to City of Grand Island for recreation trail <br />rights -of -way. Grantee is not permitted to disturb the area lying within the recreation trail <br />easement. <br />E <br />
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