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200809100
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Last modified
12/2/2008 10:38:30 AM
Creation date
10/31/2008 8:01:02 AM
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DEEDS
Inst Number
200809100
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<br />:', .~ <br /> <br />200809100 <br /> <br />d. 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 />e. 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 />shall enforce compliance with the Endangered Species Act against the Grantee, its successors <br />and assigns. <br /> <br />V. GENERAL EXCEPTIONS TO CONVEYANCE <br /> <br />This conveyance is expressly made subject to the following matters to the extent and only <br />to the extent the same are valid and affect the property: <br /> <br />a. All existing permits, easements and rights-of-way for public streets, roads and <br />highways, public utilities, electric power lines, electric transmission facilities, recreational trails, <br />railroads, pipelines, ditches and canals on, over and across said land, whether or not of record, <br />including but not limited to the following: <br /> <br />1. Perpetual Easement No. DACA45-2-99-6157 granted to Hall County for road <br />rights-of-way. <br /> <br />7 <br />
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