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<br />. . <br />. , <br />, , ' <br /> <br />200600527 <br /> <br />agents and employees from and against all suits, claims, demands or actions, liabilities, <br />judgments, penalties, costs and attorneys' fees arising out of or in any manner predicated upon, <br />future asbestos abatement or remediation from within buildings and structures on the Property; <br />disposal of ACM or asbestos after conveyance to the Grantee; personal injury, death or property <br />damages resulting from, related to, caused by or arising out of exposure to asbestos within <br />buildings and structures on the Property on or after conveyance of such portions of the Property <br />to the Grantee. The Grantee's obligation hereunder shall apply whenever the United States <br />incurs costs or liabilities for actions giving rise to liability under this Subsection. The Grantee <br />shall not be responsible for indemnifying or holding the Grantor harmless from any loss, claims, <br />liabilities, judgments, penalties, costs, or damages arising out of exposure to asbestos that <br />occurred prior to the date of this Deed. <br /> <br />e. Polychlorinated Biphenyls (PCBs) Containing Equipment Notification <br /> <br />The Grantee is hereby informed and does acknowledge that equipment contammg <br />polychlorinated biphenyls (PCBs) exists on the Property to be conveyed and that said equipment <br />is owned by Southern Public Power District. <br /> <br />f. Notice of Aboveground Storage Tanks w Parcel8B <br /> <br />The Grantee is hereby informed and does acknowledge there were several Aboveground <br />Storage Tanks (ASTs) that contained diesel fuel which were formerly located on the premises <br />from 1942 to 1998 (S-3, S-7, S-8, S-9, S-12, S-32, S-34 and S-35); the tanks and surrounding <br />soil were removed in 1989 (S-7, S-8, S-9) and 1998 (S-3, S-12, S-32, S-34 and S-35); and <br />subsequent investigation indicated that no additional cleanup was necessary. <br /> <br />g. Land Use Restrictions <br /> <br />The Grantor has undertaken careful environmental study of the Property and concluded, to <br />which the Grantee agrees, that the highest and best use of the Property is limited by its <br />environmental condition to commercial/industrial!agricultural uses. In order to protect human <br />health and the environment, promote community objectives, and further the common <br />environmental objectives and land use plans of the Grantor, State of Nebraska and Grantee, the <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. <br /> <br />1. Commercial!Industrial! Agricultural Use Restrictions <br /> <br />(a) The Grantee covenants for itself, its successors and assigns, that the Property <br />shall be used solely for commercial!industrial/agricultural purposes and not for residential <br />purposes, the Property having been remediated only for commercial!industrial!agricultural uses. <br />Commercial, Industrial and Agricultural uses include, but are not limited to, administrative/office <br /> <br />8 <br />