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e e interest, in and to the Plant Property, the Easement Agreement and the Interconnection Agreement. This conveyance is expressly made subject to (i) the terms and conditions of the Easement Agreement and the Interconnection Agreement; (ii) those certain encumbrances to title that are of record in the real property records of said county, except for any and all liens and security interests securing Grantor's Indebtedness, and to all matters visible on the ground that a proper survey would show, to the extent and only to the extent such matters are valid and subsisting and affect the Plant Property as of the date hereof; and (iii) any titles or rights to _ tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans; or to lands beyond the line of the harbor or bulkhead lines as established or changed by any government; or to filled-in lands or artificial islands; or to statutory water rights, including riparian rights; or to the arc~. extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across the area. ' . . TO HAVE AND TO HOLD.the Plant Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto LLC, its successors and assigns forever, subject to the specific matters stated in the immediately preceding paragraph; and Grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Plant Property, and TGH's interest in the Easement Agreement and the Interconnection Agreement, unto LLC, its successors and assigns, against every person whomsoever"lawfully claiming or to claim the same or any part thereof, provided, however, that the matters herein stated to which this conveyance is made subject to shall not in any way limit or restri~t any claims, remedies or amounts recovered against any prior warrantor in the chain of title or any title insurance company. THE PLANT PROPERTY IS BEING TRANSFERRED AND CONVEYED "AS IS, WHERE IS," WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY NATURE (a) AS TO THE VALUE OR FREEDOM FROM ENCUMBRANCE OF, ANY OF THE PLANT . PROPERTY, (b) AS TO ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OF, OR ANY OTHER MATIER CONCERNING, THE PLANT PROPERTY OR (c) AS TO THE LEGAL SUFFICIENCY OF THIS DEED TO CONVEY TITLE TO THE PLANT PROPERTY. . Capitalized terms not defined in this Part II shall have the respective meanings set forth in Part I. PARTID TEXAS GENCO GP. LLC AND TEXAS GENCO LP, LLC TO TEXAS GENCO. LP THAT LLC, for and in consideration of the sum (If TEN AND NOll 00 DOLLARS ($10.00) in hand paid to LLC by TEXAS GENCO, :LP, a Texas limited partnership ("Grantee"), whose mailing address is p, O. Box 61867, Houston, Texas 77208, and other good and valuable consideration, the receipt and sufficiency of which consideration are hereby HOU03:827974.4 8