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.' ' 200600527 Record of Decision, are attenuated to less than the cleanup levels established in Table 5-5 of the final Operable Unit 3 Record of Decision dated October 1999, or any later amendments to this Record of Decision, the underlying fee owner(s) may file a written application with the U.S. Army Corps of Engineers, Omaha District, Real Estate Division, Omaha, Nebraska, for a written release of said easement. A copy of this application shall be furnished to the U.S. Environmental Protection Agency and the Nebraska Department of Environmental Quality. Said release will be issued to the underlying fee owner(s) only in the event that the Army Corps of Engineers, in its sole discretion, gives its approval. In the event such a release is issued, the underlying fee owner(s) will bear all costs of recording the release in the local county records. TO HAVE AND TO HOLD the same, together with all improvements, hereditaments, appurtenances therein and all reversions, remainders, issues, profits and other rights belonging or related thereto, either in law or in equity, for the use, benefit and behalf of the Grantee, its successors and assigns forever. II. GENERAL GOVERNMENT RESERVATIONS TO CONVEYANCE This conveyance is expressly made subject to the following reservations III favor of Grantor, its successors and assigns: a. SAVE AND EXCEPT and there is hereby reserved unto Grantor, its successors and assigns, all rights and interests that have been previously reserved to Grantor in any Patent(s) covering the Property. III. CERCLA COVENANT AND RESERVED ACCESS EASEMENT a. Pursuant to Section 120(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 Exhibit "B", 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-8519-99 dated 9-20 November 1998, the Environmental Baseline Survey for the Property dated 3 May 1999, and the Finding of Suitability to Transfer (FOST), 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, its successors or assigns, hereunder 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. 3