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b. Environmental Baseline Survey (EBS) and Finding of Suitability to Transfer (FUST) 1. The Grantee has received the technical environmental. reports, including the Environmental Baseline Survey for the Property dated 9-20 November 199$ and the FOST for the Property dated February 2009 prepared by the Grantor, and agrees, to the best of the Grantee's knowledge, that they accurately describe the environmental condition. of the Property. The Grantee has inspected the Property and accepts the physical condition and current level of environmental hazards an the Property and deems the Property to be safe far the Grantee's intended use. 2. If an actual or threatened release of a hazardous substance or petroleum product is discovered on the Froperty after the date of the conveyance, whether or not such substance was set forth in the technical environmental reports, including the EBS, Grantee or its successors or assigns shall be responsible far such release or newly discovered substance unless Grantee is able to demonstrate that such release or such newly discovered substance was due to Grantor's activities, ownership, use, or occupation of the Property. Grantee, its successors and assigns, as consideration for the conveyance, agree to release Grantor from any liability or responsibility for any claims arising solely out of the release of any hazardous substance ar petroleum product an the Property occurring after the date of this Deed, where such substance or product was placed on the Property by the Grantee, or its successars, assigns, employees, invitees, agents or contractors, after the conveyance. This Subsection IV.b. shall not affect the Grantor's responsibilities to conduct response actions or corrective actions that are required by applicable laws, rules and regulations. c. Land Use Restrictions The Grantor has undertaken careful environmental study of the Property and concluded, to which the Grantee agrees, that the highest and best use of the Property is limited by its environmental condition to commercial/industrial/agricultural uses. In order to protect human health and the environment, promote community objectives, and further the common environmental objectives and land use plans of the Grantor, State of Nebraska and Grantee, the following covenants/restrictions/reservations are included in this deed to assure the use of the Froperty is consistent with environnr~ental conditions of the Property. The following covenants/ restrictions/reservations benefit both the lands retained by the Grantor and the general public welfare and are consistent with the State of Nebraska and Federal environmental statutes. 1. Commercial/Industrial/Agricultural Use Restrictions (a) The Grantee covenants far itself, its successors and assigns, that the Property shall be used solely for commercial/industrial/agricultural purposes and not for residential purposes, the Property having been remediated only for commercial./industrial/agricultural uses. Commercial, industrial and agricultural uses include, but are not limited to, administrative/office space, manufacturing, warehousing, restaurants, hotels/motels and retail activities. Residential use includes, but is not limited ta, housing, day care facilities, and schools (excluding education and training programs for persons over 18 years of age), and assisted living facilities.