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<br />. j.
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<br />200600526
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<br />following covenants/restrictions/reservations are included in this Deed to assure the use of the
<br />Property is consistent with environmental conditions of the Property. The following
<br />covenants/restrictions/reservations benefit both the lands retained by the Grantor and the general
<br />public welfare and are consistent with the State of Nebraska and Federal environmental statutes.
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<br />I. Commercial/Industrial/ Agricultural Use Restrictions
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<br />(a) The Grantee covenants for itself, its successors and assigns, that, with the
<br />exception of Building N-17, which is located on Parcel 3, the Property shall be used solely for
<br />commercial/industrial/agricultural purposes and not for residential purposes, the Property having
<br />been remediated only for commerciallindustrial/agricultural uses. Commercial, Industrial and
<br />Agricultural uses include, but are not limited to, administrative/office space, manufacturing,
<br />warehousing, restaurants, hotels/motels, and retail activities. Residential use includes, but is not
<br />limited to, housing, day care facilities, and schools (excluding education and training programs
<br />for persons over 18 years of age), and assisted living facilities. The Grantee covenants for itself,
<br />its successors and assigns, that Building N-17 shall be used solely for industrial purposes and not
<br />for commercial, agricultural or residential purposes. Industrial uses include, but are not limited
<br />to, rail car maintenance and repair, manufacturing, and warehousing.
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<br />(b) Nothing contained herein shall preclude the Grantee from undertaking, in
<br />accordance with applicable laws and regulations, such additional remediation necessary to allow
<br />for residential use of the Property, and, for Building N-17, to allow for commercial, agricultural
<br />or residential use. Any additional remediation will be at no additional cost to the Grantor and
<br />with the Grantor's prior written consent. Consent may be conditioned upon such terms and
<br />conditions as the Grantor deems reasonable and appropriate, including performance and payment
<br />bonds and insurance. Upon completion of such remediation required to allow residential use of
<br />the Property, and, for Building N-17, to allow for commercial, agricultural or residential use, and
<br />upon the Grantee's obtaining the approval of the U.S. Army Corps of Engineers, the U.S.
<br />Environmental Protection Agency (EP A) and the Nebraska Department of Environmental
<br />Quality (DEQ) and, if required, any other regulatory agency, the Grantor agrees to release or, if
<br />appropriate, modify this restriction by executing and recording, in the same land records of
<br />Nebraska, Hall County, as this Deed, a Partial Release of Covenant. Grantee shall bear the cost
<br />of recording and reasonable administrative fees.
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<br />2. Enforcement
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<br />(a) The above covenants/restrictionslreservations shall inure to the benefit of the
<br />public in general and adjacent lands, including lands retained by the United States, and,
<br />therefore, are enforceable by the United States Government and State of Nebraska. These
<br />covenantslrestrictions/reservations are binding on the Grantee, its successors and assigns; shall
<br />run with the land; and are forever enforceable.
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<br />(b) The Grantee covenants for itself, its successors and assigns that it shall include
<br />and otherwise make legally binding the above land use covenants/restrictions/reservations in all
<br />subsequent leases and transfer or conveyance documents relating to the Property subject hereto.
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