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<br />, :,,' <br /> <br />200809099 <br /> <br />b. The Grantee, its successors and assigns, shall neither transfer the Property, lease the <br />Property, nor grant any interest, privilege, or license whatsoever in connection with the Property <br />without the inclusion of the environmental protection provisions contained herein, and shall <br />require the inclusion of such environmental protection provisions in all further deeds, transfers, <br />leases, or grants of any interest, privilege, or license. <br /> <br />VII. AGREEMENTS, NOTICES, AND CONDITIONS <br /> <br />a, Anti-Deficiency Act Clause <br /> <br />The Grantor's obligation to payor reimburse any money under this Deed is subject to the <br />availability of funds appropriated for this purpose to the Department of the Army, arid nothing in <br />this Deed shall be interpreted to require obligations or payments by the Grantor in violation of <br />the Anti-Deficiency Act, 31 U.S.C. Section 1341. <br /> <br />b. Notice of Wetlands <br /> <br />This Property contains wetlands protected under state and Federal laws and regulations. <br />Applicable laws and regulations restrict activities that involve draining wetlands or the discharge <br />of fill materials into wetlands, including, without limitation, the placement of fill materials; the <br />building of any structure; the placement of site-development fills for recreational, industrial, <br />commercial, residential, and other uses; the placement of causeways or road fills; and the <br />construction of dams and dikes. <br /> <br />VIII. NO WAIVER <br /> <br />The failure of the Government to insist in anyone or more instances upon complete <br />performance of any of the said notices, covenants, conditions, restrictions, or reservations shall <br />not be construed as a waiver or a relinquishment of the future performance of any such notices, <br />covenants, conditions, restrictions, or reservations; but the obligations of the Grantee, its <br />successors and assigns, with respect to such future performance shall continue in full force and <br />effect. <br /> <br />THIS QUITCLAIM DEED is exempt from the documentary tax under the provision of <br />Neb. Rev. Stat. 76-902(2) (R.S. Supp., 2003) under which property transferred by the <br />United States is exempted from such taxation. <br /> <br />THIS QUITCLAIM DEED is not subject to the provisions of 10 U.S.C. Section 2662. <br /> <br />9 <br />