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<br />20070967!J <br />7. The Grantee further agrees to indemnify and hold harmless the Army, its officers, <br />agents and employees, from and against all suits, claims, demands, or actions, liabilities, <br />judgments, costs and attorneys' fees arising out of, or in a manner predicated upon personal <br />injury, death or property damage resulting from, related to, caused by or arising out of lead-based <br />paint hazards on the Property ifused for residential purposes. <br /> <br />8. The covenants, restrictions, requirements and obligation of this Subsection lV.d. <br />shall be binding upon the Grantee, its successors and assigns and all future owners and shall be <br />deemed to run with the land. The Grantee on behalf of itself, its successors and assigns <br />covenants that it will include and make legally binding, this Subsection IV.d. in all subsequent <br />transfers, leases, or conveyance documents. <br /> <br />e. Endangered Species Act <br /> <br />The Grantee and its successors and assigns will use the Property in compliance with the <br />Endangered Species Act. The U.S. Fish and Wildlife Service, U.S. Department of the Interior, <br />shall enforce compliance with the Endangered Species Act against the Grantee, its successors <br />and assigns. <br /> <br />V. GENERAL EXCEPTIONS TO CONVEYANCE <br /> <br />This conveyance is expressly made subject to the following matters to the extent and only <br />to the extent the same are valid and affect the Property: <br /> <br />a. All existing permits, easements and rights-of-way for public streets, roads and <br />highways, public utilities, electric power lines, electric transmission facilities, recreational trails, <br />railroads, pipelines, ditches and canals on, over and across said land, whether or not of record, <br />including but not limited to the following: <br /> <br />1. Perpetual Easement No. DACA45-2-99-6157 granted to Hall County for road <br />rights-of-way. <br /> <br />2. Perpetual Easement No. DACA45-2-97-6024 granted to Southern Public Power <br />District for overhead electric power lines. <br /> <br />3. Perpetual Easement No. DACA45-2-01-6078 granted to City of Grand Island for <br />recreation trail rights-of-way. Grantee is not permitted to disturb the area lying within the <br />recreation trail easement. <br /> <br />4. Temporary Easement No. DACA45-2-04-6021 granted to DTE Rail Services, Inc., <br />for railroad facilities and rights-of way for the period I April 2004 through 30 September 2006. <br /> <br />b. Any zoning laws, ordinances, or regulations governing the subject property or <br />regulations of other regulatory authorities having jurisdiction. <br /> <br />7 <br />