|
200311928
<br />TO HAVE AND TO HOLD the same, together with all improvements, hereditaments,
<br />appurtenances therein and all reversions, remainders, issues, profits and other rights belonging or
<br />related thereto, either in law or in equity, for the use, benefit and behalf of the Grantee, its
<br />successors and assigns forever.
<br />II. GENERAL GOVERNMENT RESERVATIONS TO CONVEYANCE
<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)(3) of the Comprehensive Environmental Response,
<br />Compensation and Liability Act, as amended (CERCLA) 42 U.S.C. 9620 (h)(3), the Grantor has
<br />made a complete search of its records concerning the property subject to this deed. Those
<br />records indicate that the hazardous substances, as defined by Section 101 (14) of CERCLA,
<br />shown on Exhibit "B ", attached hereto and made a part hereof, have been stored for one year or
<br />more (S), released (R), or disposed of (D) on the property during the time the property was
<br />owned by the Grantor. The Grantee should review the Final Environmental Baseline Survey
<br />No. 38 -EH- 8519 -99 dated 9 -20 November 1998, as amended by Amendment No. 1, signed
<br />30 March 2001, for further details.
<br />b. The Grantor covenants and warrants that all remedial action necessary to ensure
<br />protection of human health and the environment with respect to any such substance remaining on
<br />the property has been taken prior to the date hereof. Furthermore, excepting those situations
<br />where the Grantee, its successors or assigns, hereunder are potentially responsible parties, as
<br />defined by CERCLA, any additional remedial action found to be necessary with respect to any
<br />such substance remaining on the property prior to 30 August 1997 shall be conducted by the
<br />United States.
<br />c. The Grantor reserves a right of access to any and all portions of the herein - described
<br />tract 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 tract 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 (upon reasonable notice to the Grantee or the then owner and any authorized
<br />occupant of the property) to enter upon the herein described tract of land and conduct
<br />investigations and surveys, to include drilling, testpitting, borings, data and /or record
<br />compilation, and other activities related to environmental investigation, and to carry out remedial
<br />or removal actions as required or necessary under applicable authorities, including but not
<br />limited to monitoring wells, pumping wells, and treatment facilities.
<br />3
<br />
|