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<br />RESERVING, however, to the Grantor and its assigns a perpetual and assignable right,
<br />power, and easement in, upon, over and across the above described Property as follows: no new
<br />water wells shall be constructed and maintained on the land for domestic purposes; no existing
<br />water wells shall be utilized on the land for domestic purposes; and no ground water shall be
<br />used for domestic purposes. Domestic purposes include human consumption, sanitation,
<br />bathing, cooking, laundering, and swimming. Domestic purposes do not include crop irrigation,
<br />watering of livestock, and fire control. Ground water means that water which occurs in or
<br />moves, seeps, filters, or percolates through ground under the surface of the land. Grantor and its
<br />assigns also reserve a perpetual right of access to any and all portions of the above described real
<br />Property for the purposes of monitoring compliance with and enforcing said easement, including
<br />the right, at the sole expense of the Grantee, its successors, and assigns, to close and
<br />decommission any water wells being constructed, maintained, or utilized on the land for
<br />domestic purposes and to disconnect and remove any related pumping equipment, piping and
<br />utilities. Grantor and its assigns shall have the right to enforce said easement in any court of
<br />competent jurisdiction. In the event that explosive contamination in the groundwater, as
<br />identified in the Record of Decision, is attenuated to less than the cleanup levels established in
<br />Table 1 of the final revised Operable Unit 1 Record of Decision Amendment signed on
<br />28 September 2001, or any later amendments to this Record of Decision, the underlying fee
<br />owner(s) may file a written application with the U.S. Army Corps of Engineers, Omaha District,
<br />Real Estate Division, Omaha, Nebraska, for a written release of said easement. A copy of this
<br />application shall be furnished to the U.S. Environmental Protection Agency and the Nebraska
<br />Department of Environmental Quality. Said release will be issued to the underlying fee owner(s)
<br />only in the event that the Army Corps of Engineers, in its sole discretion, gives its approval. In
<br />the event such a release is issued, the underlying fee owner(s) will bear all costs of recording the
<br />release in the local county records.
<br />TO HAVE AND TO HOLD the same, together with all improvements, hereditaments,
<br />appurtenances therein and all reversions, remainders, issues, profits and other rights belonging or
<br />related thereto, either in law or in equity, for the use, benefit and behalf of the Grantee, its
<br />successors and assigns forever.
<br />L1. GENERAL GOVERNMENT RESERVATIONS TO CONVEYANCE
<br />This conveyance is expressly made subject to the following reservations in favor of
<br />Grantor, and its assigns:
<br />SAVE AND EXCEPT and there is hereby reserved unto Grantor, and its assigns, all rights
<br />and interests that have been previously reserved to Grantor in any Patent(s) covering the
<br />Property.
<br />III. CERCLA COVENANT AND RESERVED ACCESS
<br />a. Pursuant to Section 120(h)(3) of the Comprehensive Environmental Response,
<br />Compensation and Liability Act, as amended (CERCLA) 42 U.S.C. Section 9620(h)(3), the
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