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.,' 3. Submissions 200600527 Modification of Restrictions. The Grantee shall submit any requests to use the Property for residential purposes, install monitoring wells or other modification to the above restrictions to Grantor, with a copy to EP A and Nebraska DEQ, by first class mail, postage prepaid, addressed as follows: (a) to Grantor: Corps of Engineers, Omaha District ATTN: CENWO-RE 106 South 15th Street Omaha, NE 68102-1618 (b) to EPA: U.S. Environmental Protection Agency, Region VII 901 North 5th Street Kansas City, KS 66101 (c) to State: Nebraska Department of Environmental Quality P.O. Box 98922 Lincoln, NE 68509-8922 V. MISCELLANEOUS GRANTEE COVENANTS Grantee covenants for itself, and its successors or assigns, and every successor in interest in the Property, to abide with each of the agreements and covenants running with the land described in Section IV of this Quitclaim Deed. In addition, Grantor and its successors and assigns, shall be deemed a beneficiary of each of the following agreements and covenants without regard to whether it remains the owner of any land or interest therein in the locality of the Property hereby conveyed and shall have a right to enforce each of the following agreements and covenants in any court of competent jurisdiction. Notwithstanding the foregoing, Grantor and its successors and assigns shall have no affirmative duty to any successor in title to this conveyance to enforce any of the following agreements and covenants. a. It is understood and agreed by Grantee, for itself and its successors and assigns, that except for warranties, responsibilities and agreements of Grantor specifically set forth herein, the Property is conveyed "as is" and "where is" without any representation or warranty on the part of Grantor to make any alterations, repairs or additions. Grantor shall not be liable for any latent or patent defects in the Property. Grantee, for itself and its successors and assigns, acknowledges that Grantor has made no representations or warranty concerning the condition and state of repair of the Property nor any agreement or promise to alter, improve, adapt or repair the Property. b. The Grantee, its successors and assigns, shall neither transfer the Property, lease the Property, nor grant any interest, privilege, or license whatsoever in connection with the Property without the inclusion of the environmental protection provisions contained herein, and shall require the inclusion of such environmental protection provisions in all further deeds, transfers, leases, or grants of any interest, privilege, or license. 10