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2oo9osoos <br />(a) to Grantor: U.S. Army Corps of Engineers, Omaha District <br />ATTN: CENWO-RE <br />1616 Capitol Avenue, Suite 9000 <br />Omaha, NE 68102-4901 <br />(b) to EPA: U.S. Environmental Protection Agency <br />Region VII <br />901 North 5th Street <br />Kansas City, KS 66101 <br />(c) to State: Nebraska Department of Environmental Quality <br />P. O. Box 98922 <br />Lincoln, NE 68509-8922 <br />d. Notice of the Presence of Asbestos and Covenant <br />1. The Grantee is hereby informed and does acknowledge that asbestos or <br />asbestos-containing material ("ACM") has been found on the Property. The Praperty may <br />contain improvements, such as buildings, facilities, equipment, and pipelines, above and below <br />the ground, that contain non-friable asbestos or ACM. The Occupational Safety and Health <br />Administration (OSHA) and the Environmental Protection Agency have determined that <br />such unprotected or unregulated exposure to airborne asbestos fibers increases the risk of <br />asbestos-related diseases, including certain cancers that can result in disability or death. <br />2. The Grantee covenants and agrees that its use and occupancy of the Praperty will <br />be in compliance with all applicable laws relating to asbestos. The Grantee agrees to be <br />responsible for any remediation or abatement of asbestos found to be necessary on the Property <br />to include ACM in or on buried pipelines that may be required under applicable law or <br />regulation. <br />3. The Grantee acknowledges that it has inspected or has had the opportunity to <br />inspect the Property as to its asbestos and ACM condition and any hazardous ar environmental <br />conditions relating thereto. The Grantee shall be deemed to have relied solely on its own <br />judgment in assessing the overall condition of all or any portion of the Froperty, including, <br />without limitation, any asbestos or ACM hazards or concerns. <br />e. Endangered Species Act <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 lnterior, <br />shall enforce compliance with. the Endangered Species Act against the Grantee, its successors <br />and assigns. <br />V. GENERAL EXCEPTIONS TO CONVEYANCE <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 />7 <br />