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<br />200809097
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<br />RESERVING, however, to the Grantor and its assigns, a perpetual and assignable
<br />easement for the operation of the existing Government extraction wells (Well Houses EW -4 and
<br />EW-5 located on Load Line 2 and EW-3 located on Load Line 3) and associated extraction water
<br />lines (hereinafter "facilities") over, across, in and upon said Property at the location shown in
<br />Exhibits "'AI" and "A2", connecting said facilities to the Government Pump and Treatment Plant
<br />located in Section Seven (7), Township Eleven (11) North, Range Ten (10) West of the Sixth
<br />Principal Meridian, together with access to the facilities for operation, monitoring and/or
<br />maintenance purposes. The Grantee, its successors and assigns shall allow ingress and egress
<br />across said Property for the purpose of transporting any and all equipment necessary to
<br />accomplish the same.
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<br />RESERVING, however, to the Grantor, its successors and assigns, ownership and
<br />exclusive use of the existing monitoring wells (GOOI9, G0020, G0047, G0066, PZ009, PZOlO,
<br />PZOll, PZ012, PZ013 and PZ014 on Load Line 2 and the adjoining portion of Tract 36; and
<br />GOOl7, G0045 and G0046 on Load Line 3 and the adjoining portion of Tract 34) located on the
<br />Property together with access across the Property for the purpose of monitoring and/or closing
<br />the said wells; provided however, Grantor agrees that it will permit the relocation of any or all
<br />existing monitoring wells at the reasonable request of and at the sole cost of the Grantee or its
<br />successors or assign to a location mutually acceptable to the Grantor and the party making the
<br />request. A request is not reasonable if it is determined by the Grantor that the relocation(s)
<br />substantially interferes with the Grantor's ability to accurately collect all necessary
<br />environmental data. The Grantee, its successors and assigns shall allow ingress and egress of all
<br />equipment necessary to accomplish the same.
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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 200 I, 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
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