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20070131.SCANO5.Image was scanned at best possible quality Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any or all of the following information from this instrument before it is filed for record in the public records: Your social security number or your driver's license number. SPECIAL WARRANTY DEED Date: () Z Q , 2006 Grantor: Bayport North Industrial Park, L.P., a Texas limited partnership Grantor's Mailing Address: 2780 Skypark Drive, Suite 460 Torrance,California 90505 Grantee: Bayport Rail Terminal LLC,a Texas limited liability company Grantee's Mailing Address: 9500 New Century Drive Pasadena,Texas 77507 Consideration: $10 and other good and valuable consideration, the receipt of which is acknowledged. Property(including improvements): Approximately 0.7623 acres of land, more or less, out of Restricted Reserve E Replat, Bayport North Industrial Park Partial Replat No. 1,according to the Map at Film Code 516298, Map Records, Harris County, Texas, and being more particularly described on Exhibit A,attached to this deed. Reservations from Conveyance: 1. Reciprocal Easement. The Grantors and their successors and assigns reserve the right to use the Property for an ingress and egress easement to provide reciprocal, open, free and uninterrupted access to and from any real property which adjoins this Property. 2. Road Construction. Grantee will within 320 days from the date of this conveyance construct and complete on the Property a 24 foot wide concrete industrial private road with a "Road Base" at least 9 inches thick and a "Steel Reinforced Concrete Road" at least 7 inches thick. If the road is not completed on or before 320 days from the date of this deed, then Grantor is granted by the Grantee and irrevocable right and option to repurchase the Property for the same price as that paid by the Grantee to the Grantor to acquire the Property. The option will expire the earlier of(i) completion of the road; or (ii)5 years from the date of this deed. 3. Crossing Rights. Grantees right to cross the 70 ft wide drainage easement which is recorded at Harris County Clerk's File#437010 and File Clerk's# 516296 is contingent upon the A 1. obligation of the Grantee to maintain the engineered flow rates ANC, for this ditch.