|
<br />. ,
<br />
<br />200609472
<br />
<br />more pipelines or fiber optic lines and any and all communications facilities as may be
<br />located in the future on the Property within 60 feet of the center line of any Main Track
<br />on or adjacent to the Property and as may be presently located on the Property.
<br />
<br />(b) Grantee's interest shall further be subject to, and Grantor does hereby
<br />specifically reserve, all coal, oil, gas, casing-head gas and all ores and minerals of
<br />every kind and nature including sand and gravel underlying the surface of the Property,
<br />together with the full right, privilege and license at any and all times to explore, or drill
<br />for and to protect, conserve, mine, take, remove and market any and all such products
<br />in any manner which will not damage structures on the surface of the Property, together
<br />with the right of access at all times to exercise said rights.
<br />
<br />(c) Any improvements constructed or altered on the Property after the date
<br />Grantor quitclaims its interest to Grantee shall be constructed or altered in such a
<br />manner to provide adequate drainage of water away from any of Grantor's railroad
<br />tracks on nearby property.
<br />
<br />(d) Within 90 days after closing, Grantee shall, at its sole cost and expense,
<br />construct a protective fence a minimum of four (4) feet in height upon, over and across
<br />the Southwesterly boundary of the Property. Grantee shall thereafter repair, maintain
<br />and renew said fence, so as to keep same in good repair at the sole cost of the
<br />Grantee. If fence is not constructed within this time frame, Grantor may construct said
<br />fence at the sole cost of Grantee and Grantee shall pay Grantor all associated costs
<br />within 10 days of receipt of bills.
<br />
<br />(e) Grantee has been allowed to make an inspection of the Property.
<br />GRANTEE IS PURCHASING THE PROPERTY ON AN "AS-IS WITH ALL FAULTS"
<br />BASIS WITH ANY AND ALL PATENT AND LATENT DEFECTS, INCLUDING THOSE
<br />RELATING TO THE ENVIRONMENTAL CONDITION OF THE PROPERTY, AND IS
<br />NOT RELYING ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR
<br />IMPLIED, OF ANY KIND WHATSOEVER FROM GRANTOR AS TO ANY MATTERS
<br />CONCERNING THE PROPERTY, including, but not limited to the physical condition of
<br />the Property; zoning status; tax consequences of this transaction; utilities; operating
<br />history or projections or valuation; compliance by the Property with Environmental Laws
<br />(defined below) or other laws, statutes, ordinances, decrees, regulations and other
<br />requirements applicable to the Property; the presence of any Hazardous Substances
<br />(defined below), wetlands, asbestos, lead, lead-based paint or other lead containing
<br />structures, urea formaldehyde, or other environmentally sensitive building materials in,
<br />on, under, or in proximity to the Property; the condition or existence of any of the above
<br />ground or underground structures or improvements, including tanks and transformers
<br />in, on or under the Property; the condition of title to the Property, and the leases,
<br />easements, permits, orders, licenses, or other agreements, affecting the Property
<br />(collectively, the "Condition of the Property"). Grantee represents and warrants to
<br />Grantor that Grantee has not relied and will not rely on, and Grantor is not liable for or
<br />
<br />BNSF 04263 Grand Island, NE
<br />
<br />2
<br />
|