AltEn, LLC

a. Access and Remediation: The Grantor and any then-current owner hereby grants to the Agency, its agents, contractors, and employees, as well as participants in the Nebraska VCP, any persons subject to an order of a court, or an Agency director regarding remediation of the Property and their agents, contractors, and employees, the right of access to the Property, including the right to oversee, inspect, investigate, monitor, evaluate, implement, conduct, and complete interim and final remedial actions approved by the Agency or its successor, in accordance with state and federal law, including but not limited to the Remedial Action Plan Monitoring Act, Neb. Rev. Stat. § 81-15,181 et seq. (Reissue 2024) and the Nebraska VCP. The Grantor and any then-current owner also hereby grants to the Agency, its agents, contractors, and employees the right of access to inspect, observe, and monitor remediation activities occurring on the Property, as well as to perform soil, water, or air sampling and to install monitoring wells on the Property. The Grantor and any then-current owner further grants to the Agency, its agents, contractors, and employees the right of access to the Property and air space above the Property for the use of drones to inspect, investigate, assess, and monitor remediation activities.

b. Land Use Limitation: The Property shall not be used for residential purposes, child care facilities, school use, playground, or any land use where persons can be expected to reside. 

c. Groundwater Limitation: The extraction and use of groundwater underlying the Property for drinking, bathing, cooking, and other similar purposes by humans is prohibited. Extraction and use of groundwater underlying the Property for agricultural or industrial purposes, including the use of such water for consumption by livestock, must be approved or permitted by the Agency prior to use. The groundwater may be extracted for purposes of investigation and remediation as approved by the Agency. Installation of any new wells for remediation or investigation must be done in accordance with an Agency-approved work plan. The Grantor or any then-current owner may install a new well on the Property upon approval by the Agency for the use of water consumption by livestock.