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200~OG9+DG <br />have no affirmative duty to any successor in title to this conveyance to enforce any of the <br />following agreements and covenants. <br />a. It is understood and agreed by Grantee, for itself and its successors and assigns, that <br />except for warranties, responsibilities and agreements of Grantor specifically set forth herein, the <br />Property is conveyed "as is "and "where is "without any representation or warranty on the part <br />of Grantor to make any alterations, repairs ar additions. Grantor shall not be liable for any latent <br />or patent defects in the Froperty. Grantee, for itself and its successors and assigns, acknowledges <br />that Grantor has made no representations or warranty concerning the condition and state of repair <br />of the Property nor any agreement or promise to alter, improve, adapt or repair the Property. <br />b. The Grantee, its successors and assigns, shall neither transfer the Property, lease the <br />Property, nor grant any interest, privilege, or license whatsoever in connection with the Property <br />without the inclusion of the environmental protection provisions contained herein, and shall <br />require the inclusion of such environmental protection provisions in all further deeds, transfers, <br />leases, or grants of any interest, privilege, ar license. <br />VII. AGREEMENTS, NOTICES, AND CONDITIONS <br />a, Anti-Deficiency Act Clause <br />The Grantor's obligation to pay or reimburse any money under this Deed is subject to the <br />availability of funds appropriated for this purpose to the Department of the Anmy, and nothing in <br />this Deed shall be interpreted to require obligations or payments by the Grantor in violation of <br />the Anti-Deficiency Act, 31 U.S.C. Section 1341. <br />b. Notice of Wetlands <br />This Property contains wetlands protected under state and Federal laws and. regulations. <br />Applicable laws and regulations restrict activities that involve draining wetlands or the discharge <br />of fill materials into wetlands, including, without limitation, the placement of fill materials; the <br />building of any structure; the placement of site-development fills for recreational, industrial, <br />commercial, residential, and other uses; the placement of causeways or road fills; and the <br />construction of dams and dikes. <br />c. Groundwater Wells Notification <br />The Central Platte Natural Resources District (CPNRD) has agreed that landowners under <br />their authority will not be allowed to place and operate groundwater wells at a high enough <br />extraction volume that the groundwater treatment plant extraction wells would be adversely <br />affected in their removal of contaminated groundwater from the plume area. The Arnny will <br />provide information to the CPNRD that is useful or necessary to their decisions regarding well <br />control. <br />VIII. NO WAIVER <br />The failure of the Government to insist in any one or more instances upon complete <br />performance of any of the said notices, covenants, conditions, restrictions, or reservations shall <br />9 <br />