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| 1.__Amendment or termination.__An environmental covenant may be | | amended or terminated by consent only if the amendment or | | termination is signed by: |
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| | | B.__Unless waived by the agency, the current owner of the | | fee simple of the real property subject to the covenant; |
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| | | C.__Each person that originally signed the covenant, unless | | the person waived in a signed record the right to consent or | | a court finds that the person no longer exists or cannot be | | located or identified with the exercise of reasonable | | diligence; and |
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| | | D.__The holder, unless the holder waived in a signed record | | the right to consent or except as otherwise provided in | | subsection 4, paragraph B. |
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| | | 2.__Effect of amendment of covenant.__If an interest in real | | property is subject to an environmental covenant, the interest is | | not affected by an amendment of the covenant unless the current | | owner of the interest consents to the amendment or has waived in | | a signed record the right to consent to amendments. |
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| | | 3.__Assignment to new holder.__Except for an assignment | | undertaken pursuant to a governmental reorganization, assignment | | of an environmental covenant to a new holder is an amendment. |
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| | | 4.__Assignment by holder; removal and replacement of holder.__ | | Except as otherwise provided in an environmental covenant: |
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| | | A.__A holder may not assign its interest without consent of | | the other parties; and |
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| | | B.__A holder may be removed and replaced by agreement of the | | other parties specified in subsection 1. |
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| | | 5.__Vacancy filled by court.__A court of competent | | jurisdiction may fill a vacancy in the position of holder. |
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| | | §3011.__Enforcement of environmental covenant |
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| | | 1.__Civil action.__A civil action for injunctive or other | | equitable relief for violation of an environmental covenant may | | be maintained by: |
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