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200809098
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200809098
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Last modified
10/30/2008 4:46:26 PM
Creation date
10/30/2008 4:46:25 PM
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DEEDS
Inst Number
200809098
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<br />. " <br /> <br />200809098 <br /> <br />coordinated with record title owner and shall be performed in a manner that minimizes <br />interruption with activities of authorized occupants. Grantor will provide the record title owner <br />reasonable advance notice of such activities, responses, or remedial actions. This subparagraph <br />shall not affect the Grantor's future responsibilities, if any, to conduct response actions or <br />corrective actions that are required by applicable laws, rules, and regulations. <br /> <br />IV. SPECIFIC ENVIRONMENTAL NOTICES, EXCLUSIONS, RESERVATIONS, <br />COVENANTS AND RESTRICTIONS AFFECTING THE PROPERTY <br /> <br />This conveyance is expressly made subject to the following environmental notices, <br />exclusions, reservations, covenants and restrictions affecting the Property hereby conveyed to the <br />extent and only to the extent the same are valid and affect the Property, and shall be considered <br />as covenants running with the land and binding on all parties having any right, title or interest in <br />the Property, or any part thereof, their heirs, successors and assigns. <br /> <br />a. Federal Facility Agreement <br /> <br />The Grantee acknowledges that Comhusker Army Ammunition Plant has been identified as <br />a National Priority List (NPL) site under the Comprehensive Environmental Response, <br />Compensation and Liability Act (CERCLA) of 1980, as amended. A copy of the Comhusker <br />Army Ammunition Plant Federal Facility Agreement (FF A), entered into by the United States <br />Environmental Protection Agency (EPA) Region VII, the State of Nebraska, and the Department <br />of the Army, effective September 1990, and a copy of any amendments thereto, have been <br />provided the Grantee. The Grantee, its successors and assigns, agree that should any conflict <br />arise between the terms of the FF A as they presently exist or as they may be later amended, and <br />the provisions of this property transfer, the terms of the FF A will take precedence. The Grantee, <br />its successors and assigns, further agree that notwithstanding any other provisions of this Deed, <br />the Grantor assumes no liability to the Grantee, its successors and assigns, should <br />implementation of the FF A interfere with their use of the Property. The Grantee, its successors <br />and assigns, shall have no claim on account of any such interference against the Grantor or any <br />officer, agent, employee or contractor thereof. <br /> <br />b. Environmental Baseline Survey (EBS) and Finding of Suitability to Transfer <br />(FOST) <br /> <br />1. The Grantee has received the technical environmental reports, including the <br />Environmental Baseline Survey for the Property dated 9-20 November 1998 and the FOST for <br />the Property dated March 2008 prepared by the Grantor, and agrees, to the best of the Grantee's <br />knowledge, that they accurately describe the environmental condition of the Property. The <br />Grantee has inspected the Property and accepts the physical condition and current level of <br />environmental hazards on the Property and deems the Property to be safe for the Grantee's <br />intended use. <br /> <br />4 <br />
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