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200803328 6.8. Hazardous Waste. The Grantor represents and warrants that, to the best of his knowledge, no hazardous substance or toxic waste exists or has been generated, treated, stored, used, disposed of, or deposited in or on the Protected Property, and that there are not now any underground storage tanks located on the Protected Property. Subject to the limitations of Grantor's liability contained in paragraph 5.1, Grantor, Grantor's successors and assigns shall indemnify, defend and hold the Conservancy harmless from any liability related to Grantor's representations and warranties in this paragraph or related to the use, deposit or release of any hazardous substance or toxic waste on the Protected Property after the date of this Easement. 6.9. Real Estate Taxes. The Grantor agrees to pay any and all real property taxes and assessments levied by competent authority on the Protected Property and that the Conservancy shall have no duty or responsibility to manage or maintain the Protected Property. The Grantor agrees that if any real property taxes or assessments are levied against the Conservancy as a result of this Easement for which exemption cannot be obtained, the Grantor agrees to donate a sum of money to the Conservancy equal to the amount of said taxes and the Conservancy shall pay the taxes. 6.10. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Protected Property, including the maintenance of adequate comprehensive general liability insurance coverage. Grantor shall keep the Conservancy's interest in the Protected Property free of any liens arising out of any work performed for, materials furnished to or obligations incurred by Grantor. 6.11. Re-recording. The Conservancy is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Easement; for such purpose, the Grantor appoints the Conservancy Grantor's attorney-in-fact to execute, acknowledge and deliver any necessary instrument on Grantor's behalf. Without limiting the foregoing, the Grantor agrees to execute any such instruments upon request. 6.12. Definitions. The terms "Grantor" and "Conservancy" as used herein shall be deemed to include, respectively, the Grantor, Grantor's heirs, successors and assigns in title to th~ Protected Property, and the Conservancy, its successors and assigns. 6.13. Notices. Any notices required by this Easement shall be sent by registered or certified mail, return receipt requested, to the following address or such address as may be hereafter specified in writing: Troy M. and Virginia L. Rainforth 11075 South Shady Bend Road Doniphan, NE 68832 The Nature Conservancy 4245 North Fairfax Drive Suite 100 Arlington, VA 22203-1606 - 9 -