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200906906
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Last modified
8/21/2009 3:58:18 PM
Creation date
8/20/2009 4:38:48 PM
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DEEDS
Inst Number
200906906
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X00900900 <br />and/or closing the said wells; provided however, Grantor agrees that it will permit the relocation <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 anal the party <br />making the request. A request is not reasonable if it is determined by the Grantor that the <br />relocations) substantially interferes with the Grantor's ability to accurately collect all necessary <br />environmental data. The Grantee, its successors anal assigns shall allow ingress and egress of all <br />equipment necessary to accomplish the same. <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 />II. GENERAL GOVERNMENT RESERVATIONS TO CONVEYANCE <br />This conveyance is expressly made subject to the following reservations in favor of <br />Grantor, and its assigns: <br />SAVE AND EXCEPT and there is hereby reserved unto Grantor, and its assigns, all rights <br />and interests that have been previously reserved to Grantor in any Patent(s) covering the <br />Property. <br />III. CERCLA COVENANT AND RESERVED ACCESS <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 />Grantor has made a complete search of its records concerning the Property subject to this Deed. <br />Those records indicate that the hazardous substances, as defined by Section 101 (14) of <br />CERCLA, shown on Exhibit "B," attached hereto and made a part hereof, have been stored for <br />one year or more (S), released (R), or disposed of (D) on the Property during the time the <br />Property was owned by the Grantor. The Grantee should review the Final Environmental <br />Baseline Survey No. 38-EH-8S 19-99 dated 9-20 November 1998 and the Finding of Suitability <br />to Transfer (POST) dated February 2009 for further details. <br />b. The Grantor covenants and warrants that all remedial action necessary to ensure <br />protection of human health and the environment with respect to any such substance remaining <br />on the Property has been taken prior to the date hereof. Furthermore, excepting those situations <br />where the Grantee, its successors or assigns, hereunder are potentially responsible parties, as <br />defined by CERCLA, any additional remedial action found to be necessary with respect to any <br />such substance remaining on the Property after the date hereof shall be conducted by the <br />United States. <br />c. The Grantor shall not incur liability far additional response action or corrective action <br />found to be necessary after the date of transfer in any case in which the person or entity to whom <br />the Property is transferred, or other non-Grantor entities, is identified as the party responsible for <br />contamination of the Property. <br />
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