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200906907
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Last modified
8/21/2009 3:59:15 PM
Creation date
8/20/2009 4:53:45 PM
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DEEDS
Inst Number
200906907
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200906907 <br />3. Submissions <br />Modification of Restrictions. The Grantee shall submit any requests to use the Property <br />far residential purposes, install monitoring wells or other modification to the above restrictions to <br />Grantor, with a copy to EPA and Nebraska DEQ, by first class mail, postage prepaid, addressed <br />as follows: <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 Property may <br />contain improvements, such as buildings, facilities, equipment, and pipelines, above and. below <br />the ground, that contain asbestos or ACM. The Occupational Safety and Health Administration <br />(OSHA) and. the Environmental Protection Agency have determined that such unprotected or <br />unregulated exposure to airborne asbestos fibers increases the risk of asbestos-related diseases, <br />including certain cancers that can result in disability or death. <br />2. The Grantee covenants and agrees that its use and occupancy of the Property will be <br />in compliance with all applicable laws relating to asbestos. The Grantee agrees to be responsible <br />for any remediation or abatement of asbestos found to be necessary on the Property to include <br />ACM in or on buried. pipelines that may be required under applicable law or 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 or 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 Property, including, <br />without limitation, any asbestos or ACM hazards ar concerns. <br />7 <br />
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