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<br />200608646
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<br />and surveys, to include drilling, test-pitting, borings, data and records compilation and other
<br />activities related to environmental investigation, and to carry out remedial or removal actions as
<br />required or necessary, including, but not limited to the installation, operation, and removal of
<br />monitoring wells, pumping wells, and treatment facilities. Any such entry, including such
<br />activities, responses or remedial actions, shall be coordinated with record title owner and shall
<br />be performed in a manner that minimizes interruption with activities or authorized occupants.
<br />Grantor will provide the record title owner reasonable advance notice of such activities,
<br />responses, or remedial actions. This subparagraph shall not affect the Grantor's future
<br />responsibilities, if any, to conduct response actions or corrective actions that are required by
<br />applicable laws, rules, and regulations.
<br />
<br />IV. SPECIFIC ENVIRONMENTAL NOTICES, EXCLUSIONS, RESERVATIONS,
<br />COVENANTS AND RESTRCTIONS AFFECTING THE PROPERTY
<br />
<br />This conveyance is expressly made subject to the following environmental notices,
<br />exclusions, reservations, covenants and restrictions affecting the property hereby conveyed to the
<br />extent and only to the extent the same are valid and affect the property, and shall be considered
<br />as covenants running with the land and binding on all parties having any right, title or interest in
<br />the property, or any part thereof, their heirs, successors and assigns.
<br />
<br />a. Federal Facility Agreement
<br />
<br />The Grantee acknowledges that Cornhusker Army Ammunition Plant has been identified as
<br />a National Priority List (NPL) site under the Comprehensive Environmental Response,
<br />Compensation and Liability Act (CERCLA) of 1980, as amended. A copy of the Cornhusker
<br />Army Ammunition Plant Federal Facility Agreement (FFA), entered into by the United States
<br />Environmental Protection Agency (EPA) Region VII, the State of Nebraska, and the Department
<br />of the Army, effective September 1990, and a copy of any amendments thereto, have been
<br />provided the Grantee. The Grantee, its successors and assigns, agree that should any conflict
<br />arise between the terms of the FF A as they presently exist or as they may be later amended and
<br />the provisions of this property transfer, the terms of the FF A will take precedence. The Grantee,
<br />its successors and assigns, further agree that notwithstanding any other provisions of this Deed,
<br />the Grantor assumes no liability to the Grantee, its successors and assigns, should
<br />implementation of the FF A interfere with their use of the property. The Grantee, its successors
<br />and assigns, shall have no claim on account of any such interference against the Grantor or any
<br />officer, agent, employee or contractor thereof.
<br />
<br />b. Environmental Baseline Survey (EBS) and Finding of Suitability to Transfer
<br />(FOST)
<br />
<br />1. The Grantee has received the technical environmental reports, including the
<br />Environmental Baseline Survey for the Property dated 9-20 November 1998 and the FOST for
<br />the property dated May 2006 prepared by the Grantor, and agrees, to the best of the Grantee's
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