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<br />200809097 <br /> <br />(OSHA) and the Environmental Protection Agency have determined that such unprotected or <br />unregulated exposure to airborne asbestos fibers increases the risk of asbestos-related diseases, <br />including certain cancers that can result in disability or death. <br /> <br />2. The Grantee covenants and agrees that its use and occupancy of the Property will be <br />in compliance with all applicable laws relating to asbestos. The Grantee agrees to be responsible <br />for any remediation or abatement of asbestos found to be necessary in, on, or under the Property <br />to include ACM in or on buried pipelines that may be required under applicable law or <br />regulation. <br /> <br />3. The Grantee acknowledges that it has inspected or has had the opportunity to <br />inspect the Property as to its asbestos and ACM condition and any hazardous or environmental <br />conditions relating thereto. The Grantee shall be deemed to have relied solely on its own <br />judgment in assessing the overall condition of all or any portion of the Property, including, <br />without limitation, any asbestos or ACM hazards or concerns. <br /> <br />e. Notice of the Presence of Lead-Based Paint (LBP) and Covenant Against the Use <br />of the Property for Residential Purpose <br /> <br />1. The Grantee is hereby informed and does acknowledge that all buildings on the <br />Property, which were constructed or rehabilitated prior to 1978, are presumed to contain lead- <br />based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed <br />properly. Every purchaser of any interest in Residential Real Property on which a residential <br />dwelling was built prior to 1978 is notified that there is a risk of exposure to lead from lead- <br />based paint that may place young children at risk of developing lead poisoning. <br /> <br />2. The Grantee covenants and agrees that it shall not permit the occupancy or use of <br />any buildings or structures on the Property as Residential Property, as defined under 24 Code of <br />Federal Regulations Part 35, without complying with this section and all applicable federal, state, <br />and local laws and regulations pertaining to lead-based paint and/or lead-based paint hazards. <br />Prior to permitting the occupancy of the Property where its use subsequent to sale is intended for <br />residential habitation, the Grantee specifically agrees to perform, at its sole expense, the Army's <br />abatement requirements under Title X of the Housing and Community Development Act of 1992 <br />(Residential Lead-Based Paint Hazard Reduction Act of 1992). <br /> <br />3. The Grantee acknowledges that it has inspected or has had the opportunity to <br />inspect the Property as to its lead-based paint content and condition and any hazardous or <br />environmental conditions relating thereto. The Grantee shall be deemed to have relied solely on <br />its own judgment in assessing the overall condition of all or any portion of the Property, <br />including, without limitation, any lead-based paint hazards or concerns. <br /> <br />f. Endangered Species Act <br /> <br />The Grantee and its successors and assigns will use the Property in compliance with the <br />Endangered Species Act. The U.S. Fish and Wildlife Service, U.S. Department of the Interior, <br /> <br />9 <br />