KN Energy

Grantee hereby covenants and agrees that the Asbestos Control Area shall not be excavated, disturbed, nor otherwise encroached upon by the Owner, its agents, one of its partners, joint ventures, joint interest owners or affiliates or successors in activity will pose unacceptable environmental risks as defined by applicable Nebraska environmental and safety regulations which regulate asbestos and asbestos containing materials. Owner hereby covenants that no domestic water wells shall be drilled within this property described as the Asbestos Control Area. Owner hereby covenants that no building of any type, whether residential or commercial, shall be constructed within this property described as the Asbestos Control Area in such a way that such activity will pose unacceptable environmental risks as defined by applicable Nebraska environmental and safety regulations which regulate asbestos and asbestos containing materials.