2007-IDA-17 North Bayport Industrial Park II

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Grantor, for the consideration and subject to the Reservations from Conveyance and Exceptions to Conveyance and Warranty, grants sells and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging to have and bald unto Grantee and Grantee's heirs, executors, administrators, successors, or assigns forever_ Grantor hereby binds Grantor and Grantors heirs, executors, administrators and successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and the cla assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when im is by, through or under Grantor but not otherwise, except as to the Reservations from Conveyance and Exceptions to Conveyance and Warranty. THE PROPERTY IS CONVEYED "AS IS, WHERE IS" WITH ALL FAULTS. THE GRANTOR MAKES NO REPRESENTATION OR WARRANTY (EXCEPT FOR THE WARRANTY OF TITLE IN THIS SPECIAL WARRANTY DEEP) CONCERNING THE VALUE OF THE PROPERTY, THE CONDITION OF ANY IMPROVEMENTS ON THE PROPERTY, THE ENVIRONMENTAL CONDITION OF THE PROPERTY, THE PRESENCE OR ABSENCE OF ANY HYDROCARBONS, ASBESTOS, HAZARDOUS MATERIALS OR TOXIC SUBSTANCES ON THE PROPERTY, THE PRESENCE OR ABSENCE OF UNDERGROUND STORAGE TANKS, THE SUITABILITY OF THE PROPERTY FOR A PARTICULAR PURPOSE, THE MERCHANTABILITY OF THE PROPERTY; THE PRESENCE OR ABSENCE '# OF ANY GROUND FAULTS OR THE GEOLOGICAL CONDITION OF THE PROPERTY. THE GRANTOR MAKES NO REPRESENTATION NOR SHOULD ANY REPRESENTATION 9 BE IMPLIED AS A RESULT OF A COURSE OF CONDUCT OF THE GRANTOR OR GIs GRANTEE OR DUE TO INDUSTRY USAGE AND PRACTICE. THE GRANTEE IS FAMILIAR WITH THE TYPE OF PROPERTY BEING CONVEYED. THE GRANTEE BY ACCEPTING THIS DEED WAIVES ANY RIGHT OR CAUSE OF ACTION THAT MAY ARISE UNDER THE TEXAS DECEPTIVE TRADE PRACTICES/CONSUMER PROTECTION ACT. TIIE GRANTEE BY ACCEPTING THIS DEED RELEASES THE GRANTOR FROM ANY CLAIM ,.; OR CAUSE OF ACTION RELATED TO THE CONDITION OF THE IMPROVEMENTS, EVEN IF THE CONDITION OF THE IMPROVEMENTS HAS CHANGED AS A RESULT OF THE ? NEGLIGENCE, INTENTIONAL NEGLECT OR INTENTIONAL, ACTIONS OR INACTIONS OF THE GRANTOR THE GRANTEE BY ACCEPTING THIS DEED RELEASES THE GRANTOR FROM ANY CLAIM OR CAUSE OF ACTION RELATED TO THE ENVIRONMENTAL CONDITION OF THE PROPERTY OR BY THE PRESENCE OF ANY HAZARDOUS MATERIALS OR TOXIC SUBSTANCES ON THE PROPERTY. EXCEPT FOR THIS DISCLAIMER, OF WARRANTIES AND RELEASE OF CLAIMS, WHICH DO S, ALL. OTHER AGREEMENTS AND REPRESENTATIONS ARE MERGED INTO THISRVIVEDEED. THE GRANTEE ACKNOWLEDGES TO THE GRANTOR THAT IT HAS BEEN GIVEN AN ADEQUATE OPPORTUNITY TO TO THE PROPERTY AND HAS DETERMINED TO RELY SOLELY ON ITS OWN INSPECTION OF THE PROPERTY AND NOT ON ANY STATEMENTS OF THE GRANTOR OR ANY AGENT OR REPRESENTATIVE OF THE GRANTOR The germ "Hazardous Materials" means any substance (a) the presence of which requires reporting, investigations, or remediation under any current federal, state or local statute, regulation or ordinance, or (b) which are currently defined as hazardous substances, toxic substances, regulated substances, pollutants, or contaminants under any current federal, state or local statute, regulation or ordinance, including hydrocarbons and. asbestos C-00cunicals and Settings\cr gRli,,1 S0tin9slTemparary tM—Cf. FiW0LKA212o9s14.doc 010907