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201100671 6, CornPliance Reporting. One year from the effective date of this Environmental Covenant, and on an annual basis thereafter until such time as this Environmental Covenant is terminated, the then-current fee simple owner of the Property shall submit to the Agencies written documentation verifying that the activity and use limitations remain in place and are being complied with. Grantor and/or Grantee/Holder shall notify the Agencies as soon as possible of conditions that would constitute a breach of the activity and use limitations set forth above. 7. Enforcement. This Environmental Covenant may be enforced in a civil action for injunctive or other equitable relief by Grantee/Holder and by each of the Agencies in accordance with Neb. Rev. Stat. § 76-2611. Failure to exercise such rights of enforcement will in no event bar subsequent enforcement and shall not be deemed a waiver of any right to take action to enforce any non-compliance. Nothing in this Environmental Covenant shall limit the Agencies from exercising any authority under applicable law. The prevailing party in any action to enforce this Environmental Covenant is entitled to recover all costs of such action, including reasonable attorney fees. 8. Rights of Access. Grantor and any then-current owner hereby grants to the Agencies, their agents, contractors, and employees, the right of access to the Property to monitor compliance with the terms, conditions, obligations, and limitations of this Environmental Covenant. Nothing in this Environmental Covenant shall limit or otherwise affect the Agencies' right of entry and access or the Agencies' authority to take response actions under applicable law. 9. Notice Upon Conveyance. Each instrument hereafter conveying any interest in the Property or any portion of the Property, including but not limited to, deeds, leases, and mortgages, shall contain a notice of the activity and use limitations set forth in this Environmental Covenant, and provide the recording information for this Environmental Covenant. The notice shall be in substantially the form set forth below. Within thirty (30) days of the date any such instrument of conveyance is executed, the Grantor or then- owner must provide the Agencies with a certified copy of said instrument and its recording reference in the Hall County Register of Deeds. NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO AN ENVIRONMENTAL COVENANT DATED - 2- - RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS OF HALL COUNTY, NEBRASKA ON , IN [DOCUMENT , BOOK , PAGE ~1. THE ENVIRONMENTAL COVENANT CONTAINS THE FOLLOWING ACTIVITY AND USE LIMITATIONS: a. The Property shall not be used for residential, child care or school use. b. Extraction and use of ground water underlying the Property, except for investigation or remediation approved by EPA or NDEQ, is prohibited. 4