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200607051
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Last modified
8/8/2006 8:34:45 AM
Creation date
8/8/2006 8:34:45 AM
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DEEDS
Inst Number
200607051
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<br />200607051 <br /> <br />1. The Site shall be maintained and preserved in accordance with the Secretary of <br />Interior's Standards and Guidelines for Archeological Documentation (48 FR 44734-44737) <br />Preservation and the Advisory Council on Historic Preservation's publication entitled <br />"Treatment of Archeological Properties," in order to preserve and enhance those qualities that <br />make the property eligible for inclusion in the National Register of Historic Places. <br /> <br />2. The Site can be used for agricultural, conservation, or recreation related activities <br />provided that no disturbance of the ground surface or any other similar activity shall be <br />permitted, which would alter the historic integrity or the archeological value of the Site, without <br />prior written permission of the Nebraska State Historic Preservation Officer (SHPO) signed by a <br />fully authorized representative thereof. Should the SHPO require, as a condition of granting <br />permission, that the Grantee conduct archeological data recovery operations or other activities <br />designed to mitigate the adverse effect of the proposed activity on 25HL47, the Grantee shall <br />conduct such activities at his own expense. Also, the Grantee shall conduct such activities in <br />accordance with the Secretary of the Interior's Standards and Guidelines for Archeological <br />Documentation (48 FR 44734-44737), and the Nebraska State Archeologist's guidelines and <br />permit processes (as applicable), and such other standards and guidelines as the SHPO may <br />specify, including but not limited to standards and guidelines for research design, field work, <br />analysis, preparation and dissemination of reports, disposition of artifacts and other materials, <br />consultation with Native American or other organizations as required, and reinterment of human <br />remains, if recovered. <br /> <br />3. The above restrictions are binding on the Grantee, his heirs, successors and assigns <br />in perpetuity; however, the SHPO may, for good cause, modify or cancel any of the foregoing <br />restrictions upon written application ofthe Grantee, his successors or assigns. <br /> <br />4. The SHPO shall be permitted access, at all reasonable times, to inspect the Site in <br />order to ascertain if the above conditions are being observed. <br /> <br />5. In the event of a violation of this covenant by the Grantee, and in addition to any <br />remedy now or hereafter provided by law, the SHPO may, following reasonable notice to the <br />State of Nebraska, notify the Advisory Council on Historic Preservation of said violations. <br /> <br />6. If the Grantee, his successors or assigns, conducts and completes a study of the <br />Site 25HL47 and retrieves archeological resources and delivers them to the SHPO, all under the <br />supervision of, and to the satisfaction of, the Nebraska State Archeologist, the Nebraska <br />Historical Society shall execute a valid certificate of release of this Preservation Restriction and <br />deliver said certificate of release in recordable form to the Grantee, or his successors or assigns. <br /> <br />7. This covenant is enforceable in specific performance by a court of competent <br />jurisdiction. <br /> <br />5 <br />
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