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<br />200809100
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<br />c. Grantor reserves a right of access to all portions of the Property for environmental
<br />investigation, remediation or other corrective action. This reservation includes the right of
<br />access to and use of available utilities at reasonable cost to Grantor. These rights shall be
<br />exercisable in any case in which a remedial action, response action or corrective action is found
<br />to be necessary after the date of this conveyance, or in which access is necessary to carry out a
<br />remedial action, response action, or corrective action on adjoining property. Pursuant to this
<br />reservation, the United States, and its respective officers, agents, employees, contractors and
<br />subcontractors shall have the right (upon reasonable notice to the then owner and any authorized
<br />occupant of the Property) to enter upon the herein described Property and conduct investigations
<br />and surveys, to include drilling, test-pitting, borings, data and records compilation and other
<br />activities related to environmental investigation and to carry out remedial or removal actions as
<br />required or necessary, including but not limited to the installation, operation, and removal of
<br />monitoring wells, pumping wells, and treatment facilities. Any such entry, including such
<br />activities, responses or remedial actions, shall be coordinated with record title owner and shall be
<br />performed in a manner that minimizes interruption with activities of authorized occupants.
<br />Grantor will provide the record . title owner reasonable advance notice of such activities,
<br />responses, or remedial actions. This subparagraph shall not affect the Grantor's future
<br />responsibilities, if any, to conduct response actions or corrective actions that are required by
<br />applicable laws, rules and regulations.
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<br />IV. SPECIFIC ENVIRONMENTAL NOTICES, EXCLUSIONS, RESERVATIONS,
<br />COVENANTS AND RESTRICTIONS AFFECTING THE PROPERTY
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<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.
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<br />a. Federal Facility Agreement
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<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 FFA 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.
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