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200809099
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Last modified
12/2/2008 9:43:00 AM
Creation date
10/30/2008 4:58:46 PM
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DEEDS
Inst Number
200809099
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<br />I, <br /> <br />. . <br /> <br />200809099 <br /> <br />of any or all existing monitoring wells at the reasonable request of and at the sole cost of the <br />Grantee or its successors or assign to a location mutually acceptable to the Grantor and the party <br />making the request. A request is not reasonable if it is determined by the Grantor that the <br />relocation(s) 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. Monitoring well GOO 15 is located at the northern <br />edge of Tract 33 and monitoring well G0016 is in the northwest portion of Tract 34. <br /> <br />TO HAVE AND TO HOLD the same, together with all improvements, hereditaments, <br />appurtenances therein and all reversions, remainders, issues, profits and other rights belonging or <br />related thereto, either in law or in equity, for the use, benefit and behalf of the Grantee, its <br />successors and assigns forever. <br /> <br />II. GENERAL GOVERNMENT RESERVATIONS TO CONVEYANCE <br /> <br />This conveyance is expressly made subject to the following reservations In favor of <br />Grantor, and its assigns: <br /> <br />a. SAVE AND EXCEPT and there is hereby reserved unto Grantor, and its assigns, all <br />rights and interests that have been previously reserved to Grantor in any Patent(s) covering the <br />Property. <br /> <br />b. SA VE AND EXCEPT and there is hereby reserved unto Grantor, and its assigns, all <br />rents and other beneficial interests in favor of Grantor in and to the following leases and <br />easement to the extent, and only to the extent that such rents and other beneficial interests cover <br />the Property: <br /> <br />1. Department of the Army Lease No. DACA45-1-03-6046 (Tracts 24, 33, 61 and <br />West Half 62) granted to Michael Panowciz for agricultural purposes for the period 22 May 2003 <br />through 31 December 2008. <br /> <br />2. Department of the Army Lease No. DACA45-1-0 1-603 8 (Tract 34) granted to <br />Robert Panowicz for agricultural purposes the period 1 March 2001 through 31 December 2008. <br /> <br />3. Department of the Army Easement No. DACA45-2-04-6021 granted to DTE Rail <br />Services, Inc., for a nonexclusive easement and right-of-way for the operation, repair, <br />maintenance and replacement of certain grantee-owned railroad and spur tracks for the period <br />1 April 2004 through 31 December 2008. <br /> <br />III. CERCLA COVENANT AND RESERVED ACCESS <br /> <br />a. Pursuant to Section 120(h)(3) of the Comprehensive Environmental Response, <br />Compensation and Liability Act, as amended (CERCLA) 42 U.S.C. Section 9620 (h)(3), the <br /> <br />3 <br />
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