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~ I,. " . '. . .. 200600526 b. SA VE AND EXCEPT and there is hereby reserved unto Grantor, and its assigns, all rents and other beneficial interests in favor of Grantor in and to the following leases to the extent, and only to the extent that such rents and other beneficial interests cover the Property: (1) Department of the Army License No. DACA45-3-03-605l, granted to MKM Engineers, Inc., for storage purposes (Building S-39) for the period 1 September 2003 through 31 August 2008. (2) Department of the Army Lease No. DACA45-1-97-6022, granted to Mid-Plains Power, Inc., for storage purposes (Building 8-33) for the period I November 2001 through 31 October 2005. (3) Department of the Army No. Lease DACA45-1-96-6085, granted to Phillip B. Sextro, for storage purposes (Building S-37) for the period 1 May 2001 through 31 October 2005. III. CERCLA COVENANT AND RESERVED ACCESS EASEMENT a. Pursuant to Section l20(h)(3) of the Comprehensive Environmental Response, Compensation and Liability Act, as amended (CERCLA), 42 U.S.c. Section 9620(h)(3), the Grantor has made a complete search of its records concerning the property subject to this deed. Those records indicate that the hazardous substances, as defined by Section 101 (14) of CERCLA, shown on Exhibits "B-1" and "B-2," attached hereto and made a part hereof, have been stored for one year or more (S), released (R), or disposed of (D) on the property during the time the property was owned by the Grantor. The Grantee should review the Final Environmental Baseline Survey No. 38-EH-85l9-99 dated 9-20 November 1998, the Environmental Baseline Survey for the Property dated 3 May 1999, and the Finding of Suitability to Transfer (FOST), as amended, dated May 2005, for further details. b. The Grantor covenants and warrants that all remedial action necessary to ensure protection of human health and the environment with respect to any such substances remaining on the property has been taken prior to the date hereof. Furthermore, excepting those situations where the Grantee hereunder (who was a lessee on a portion of the property), its successors or assigns, or any other lessee of the Property, are potentially responsible parties, as defined by CERCLA, any additional remedial action found to be necessary with respect to any such substance remaining on the property after the date hereof shall be conducted by the United States. c. The Grantor shall not incur liability for additional response action or corrective action found to be necessary after the date of transfer in any case in which the person or entity to whom the property is transferred, or other non-Grantor entities, is identified as the party responsible for contamination of the property. d. The Grantor reserves a right of access to any and all portions of the herein described parcels of land for purposes of environmental investigation, remediation or other corrective action. This reservation includes the right of access to and use of, to the extent permitted by law, 3