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200809097 application shall be furnished to the u.s. Environmental Protection Agency and the Nebraska Department of Environmental Quality. Said release will be issued to the underlying fee owner( s) only in the event that the Army Corps of Engineers, in its sole discretion, gives its approval. In the event such a release is issued, the underlying fee owner(s) will bear all costs of recording the release in the local county records. TO HAVE AND TO HOLD the same, together with all improvements, hereditaments, appurtenances therein and all reversions, remainders, issues, profits and other rights belonging or related thereto, either in law or in equity, for the use, benefit and behalf of the Grantee, its successors and assigns forever. II. GENERAL GOVERNMENT RESERVATIONS TO CONVEYANCE This conveyance is expressly made subject to the following reservations in favor of Grantor, and its assigns: 3. SAVE AND EXCEPT and there is hereby reserved unto Grantor, and its assigns, all rights and interests that have been previously reserved to Grantor in any Patent(s) covering the Property. b. SAVE AND EXCEPT and there is hereby reserved unto Grantor, and its assigns, all rents and other beneficial interests in favor of Grantor in and to the following leases and easement to the extent, and only to the extent that such rents and other beneficial interests cover the Property: 1. Department of the Army Lease No. DACA45-1-03-6046 (Tracts 24, 33, 61 and West Half 62) granted to Micheal Panowciz for agricultural purposes for the period 22 May 2003 through 31 December 2008. 2. Department of the Army Lease No. DACA45-1-01-6039 (Tract 36) granted to Robert Panowicz for agricultural purposes the period 1 March 2001 through 31 December 2008. 3. Department of the Army Easement No. DACA45-2-04-6021 granted to DTE Rail Services, Inc., for a nonexclusive easement and right-of-way for the operation, repair, maintenance and replacement of certain grantee-owned railroad and spur tracks for the period I April 2004 through 31 December 2008. III. CERCLA COVENANT AND RESERVED ACCESS a. Pursuant to Section 120(h)(3) of the Comprehensive Environmental Response, Compensation and Liability Act, as amended (CERCLA) 42 U.S.C. Section 9620 (h)(3), the Grantor has made a complete search of its records concerning the Property subject to this Deed. Those records indicate that the hazardous substances, as defined by Section 101 (14) of CERCLA, shown on Exhibit "B," attached hereto and made a part hereof, have been stored for 4