O-2020-IDA-77 North Bayport Industrial Park II, LTD

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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 hold unto Grantee and Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor hereby binds Grantor and Grantor's 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 assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim 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 LS, WHERE IS" WITH ALL FAULTS. THE GRANTOR MAKES NO REPRESENTATION OR WARRANTY (EXCEPT FOR THE WARRANTY OF TITLE IN TRILS SPECIAL WARRANTY DEED)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 0‘ BE IMPLIED AS A RESULT OF A COURSE OF CONDUCT OF THE GRANTOR OR 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. THE 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 SURVIVE, ALL OTHER AGREEMENTS AND REPRESENTATIONS ARE MERGED INTO THIS DEED. THE GRANTEE ACKNOWLEDGES TO THE GRANTOR THAT IT HAS BEEN GIVEN AN ADEQUATE OPPORTUNITY TO INSPECT 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 term"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 ha7nrdous substances, toxic substances, regulated substances, pollutants, or contaminants under any current federal, state or local statute, regulation or ordinance,including hydrocarbons and asbestos. C:1Documeats and Settings\CaaigR1Loca1 Settings\Temporary Internet Fiies1OLKA21209814.doc 010907