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<br />. .
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<br />200809097
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<br />response action is found to be necessary, or such access and entrance is necessary to carry out a
<br />munitions response action on adjoining property. Such easement and right of access includes,
<br />without limitation, the right to perform any additional investigation, sampling, testing, test-
<br />pitting, surface and subsurface clearance operations, or any other munitions response action
<br />necessary for the United States to meet its responsibilities under applicable laws and as provided
<br />for in this Deed. This right of access shall be binding on the Grantee, its successors and assigns,
<br />and shall run with the land.
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<br />(b) In exercising this easement and right of access, the Grantor shall give the
<br />Grantee or the then record owner, reasonable notice of the intent to enter on the Property, except
<br />in emergency situations. Grantor shall use reasonable means, without significant additional cost
<br />to the Grantor, to avoid and/or minimize interference with the Grantee's and the Grantee's
<br />successors' and assigns' quiet enjoyment of the Property. Such easement and right of access
<br />includes the right to obtain and use utility services, including water, gas, electricity, sewer, and
<br />communications services available on the Property at a reasonable charge to the United States.
<br />Excluding the reasonable charges for such utility services, no fee, charge, or compensation will
<br />be due the grantee nor its successors and assigns, for the exercise of the easement and right of
<br />access hereby retained and reserved by the United States.
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<br />(c) Neither the Grantee nor its successors and assigns, as the case may be, shall
<br />have any claim at law or equity against the United States or any officer, employee, agent,
<br />contractor of any tier, or servant of the United States based on actions taken by the United States
<br />or its officers, employees, agents, contractors of any tier, or servants pursuant to and in
<br />accordance with this Paragraph. In addition, the Grantee, its successors and assigns, shall not
<br />interfere with any munitions response action conducted by the Grantor on the Property.
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<br />5. The Grantee acknowledges receipt of the Statement of MEC Removal, which
<br />includes the 5X certificates applicable to this Property. The Grantee also acknowledges that it
<br />has been provided access to complete Load Lines 2 and 3 MEC removal reports, including the
<br />2005 Final Report Thermal Decomposition, Demolition and 5X Certification of Load Line 2
<br />(MKM Engineers, Inc.), the 2007 Final Report 5X Certification at Load Lines 1 and 2, Asbestos-
<br />Containing Material Removal Project (URS Corporation), and the 2004 Thermal Decomposition
<br />and Demolition of Load Line 3 (MKM Engineers, Inc.), through the site repository located at
<br />102 North 60th Road, Grand Island, Nebraska.
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<br />V. GENERAL EXCEPTIONS TO CONVEYANCE
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<br />This conveyance is expressly made subject to the following matters to the extent and only to
<br />the extent the same are valid and affect the property:
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<br />a. All existing permits, easements and rights-of-way for public streets, roads and highways,
<br />public utilities, electric power lines, electric transmission facilities, recreational trails, railroads,
<br />pipelines, ditches and canals on, over and across said land, whether or not of record, including but
<br />not limited to the following:
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