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<br />d. Grantor reserves a right of access to all portions of the Property far environmental
<br />investigation, remediation, or other corrective action. This reservation includes the right of
<br />access to and use of, to the extent permitted by law, available utilities at reasonable cost to the
<br />Grantor. These rights shall be exercisable in any case in which a remedial action, response
<br />action, ar corrective action is found to be necessary after the date of this conveyance, or in which
<br />access is necessary to carry out a remedial action, response action, or corrective action on
<br />adjoining property. Pursuant to this reservation, the United States, and its respective officers,
<br />agents, employees, contractors and subcontractors shall have the right (upon reasonable notice to
<br />the Grantee or the then owner and any authorized occupant of the Property) to enter upon the
<br />herein described Property and conduct investigations and surveys, to include drilling, test-pitting,
<br />borings, data and records compilation and other activities related to environmental investigation,
<br />and to carry out remedial or removal actions as required or necessary, including but not limited
<br />to the installation, operation, and removal of monitoring wells, pumping wells, and treatment
<br />facilities. Any such entry, including such activities, responses or remedial actions, shall be
<br />coordinated with record title owner and shall be performed in a manner that minimizes,
<br />interruption with activities of authorized occupants. Grantor will provide the record title owner
<br />reasonable advance notice of such activities, responses, or remedial actions. This subparagraph
<br />shall not affect the Grantor's future responsibilities, if any, to conduct response actions or
<br />corrective actions that are required by applicable laws, rules, and regulations.
<br />IV. SPECIFIC ENVIRONMENTAL NOTICES, EXCLUSIONS, RESERVATIONS,
<br />COVENANTS AND RESTRICTIONS AFFECTING THE PROPERTY
<br />This conveyance is expressly made subject to the following environmental notices,
<br />exclusions, reservations, covenants and restrictions affecting the Property hereby conveyed to the
<br />extent and only to the extent the same are valid and affect the Property, and shall be considered
<br />as covenants running with the land and binding on all parties having any right, title or interest in
<br />the Property, or any part thereof, their heirs, successors and assigns.
<br />a. Federal Facility Agreement
<br />The Grantee acknowledges that Cornhusker Army Ammunition Plant has been identified
<br />as a National Priority List (NPL) site under the Comprehensive Environmental Response,
<br />Compensation and Liability Act (CERCLA) of 1980, as amended. A copy of the Cornhusker
<br />Army Ammunition Plant Federal Facility Agreement (FFA), entered into by the United States
<br />Environmental Protection Agency (EPA) Region Vl ,the State of Nebraska, and the Department
<br />of the Army, effective September 1990, and a copy of any amendments thereto, have been.
<br />provided the Grantee. The Grantee, its successors and assigns, agree that should any conflict
<br />arise between the terms of the FFA as they presently exist or as they may be later amended,
<br />and the provisions of this property transfer, the terms of the FFA will take precedence. The
<br />Grantee, its successors and assigns, further agree that notwithstanding any other provisions of
<br />this Deed, the Grantor assumes no liability to the Grantee, its successors and assigns, should
<br />implementation of the FFA interfere with their use of the Property. The Grantee, its successors
<br />and assigns, shall have no claim on account of any such interference against the Grantor or any
<br />officer, agent, employee or contractor thereof
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