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200311102
<br />synonym for the hazardous substance, as listed in 40 CFR 302.4, where applicable; "RCRAC
<br />shall mean the RCRA hazardous waste number specified in 40 CFR 261.30, where applicable;
<br />"DATE" shall mean the date(s) that such storage, release, or disposal took place; " *" shall mean
<br />that the information is either not available, is incomplete, or requires further explanation.
<br />b. Except as stated herein, the Grantor covenants and warrants that all remedial action
<br />necessary to ensure protection of human health and the environment with respect to any such
<br />substance remaining on the property has been taken prior to the date hereof. Furthermore,
<br />excepting those situations where the Grantee hereunder is a potentially responsible party, as
<br />defined by CERCLA, any additional remedial action found to be necessary with respect to any
<br />such substance remaining on the property after the date hereof shall be conducted by the United
<br />States.
<br />c. The Grantor reserves a right of access to any and all portions of the herein - described
<br />tracts of land for purposes of environmental investigation, remediation or other corrective action.
<br />This reservation includes the right of access to and use of, to the extent permitted by law,
<br />available utilities at reasonable cost to the Grantor. These rights shall be exercisable in any case
<br />in which a remedial action, response action or corrective action is found to be necessary after the
<br />date of conveyance of the herein described tracts of land, or such access is necessary to carry out
<br />a remedial action, response action or corrective action on adjoining property. Pursuant to this
<br />reservation, the United States and its officers, agents, employees, contractors and subcontractors
<br />shall have the right to enter upon the herein described tracts of land and conduct investigations
<br />and surveys, to include drilling, testpitting, borings, data and/or record compilation, and other
<br />activities related to environmental investigation, and to carry out remedial or removal actions as
<br />required or necessary under applicable authorities, including but not limited to monitoring wells,
<br />pumping wells, and treatment facilities. Any such entry, including such activities, responses or
<br />remedial actions, shall be coordinated with record title owner and shall be performed in a manner
<br />that minimizes interruption with activities of authorized occupants. Grantor will provide the
<br />record title owner reasonable advance notice of such activities, responses, or remedial actions.
<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 />only to the extent the same are valid and affect the property, and shall be considered as covenants
<br />running with the land and binding on all parties having any right, title or interest in the property,
<br />or any part thereof, its heirs, successors and assigns.
<br />a. Federal Facility Agreement
<br />A copy of the Cornhusker Army Ammunition Plant Federal Facility Agreement (FFA),
<br />entered into by the United States Environmental Protection Agency (EPA) Region VII, the State
<br />of Nebraska, and the Department of the Army, effective September 1990, and a copy of
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