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<br />200709680
<br />IV. SPECIFIC ENVIRONMENT AL NOTICES, EXCLUSIONS, RESERVATIONS,
<br />COVENANTS AND RESTRICTIONS AFFECTING THE PROPERTY
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<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.
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<br />a. Federal Facility Agreement
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<br />The Grantee acknowledges that Cornhusker Army Ammunition Plant has been identified as
<br />a National Priority List (NFL) 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 (FF A), 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 FFA 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.
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<br />b. Environmental Baseline Survey (EBS) and Finding of Suitability to Transfer
<br />(FOST)
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<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 August 2006, prepared by the Grantor and agrees, to the best of the Grantee's
<br />knowledge, that they accurately describe the environmental condition of the Property. The
<br />Grantee has inspected the Property and accepts the physical condition and current level of
<br />environmental hazards on the Property and deems the Property to be safe for the Grantee's
<br />intended use.
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<br />2. If an actual or threatened release of a hazardous substance or petroleum product is
<br />discovered on the property on or after 25 October 2004, whether or not such substance was set
<br />forth in the technical environmental reports, including the EBS, Grantee or its successors or
<br />assigns shall be responsible for such release or newly discovered substance unless Grantee,
<br />except for asbestos, is able to demonstrate that such release or such newly discovered substance
<br />was due to Grantor's activities, ownership, use, or occupation of the Property prior to 25 October
<br />2004. Grantee, its successors and assigns, as consideration for the conveyance, agree to release
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