1996 Southern Pacific Transportation Company Special Warranty Deed

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..i , , " I' , ,OJ, e " L- .. 'e .~., .i. ,," Anything herein to the contrary notwithstanding, this conveyance is made subject to all easements, leases, agreement$ or licenses which affect the Property hereby conveyed and any matter which would be disclosed by title examination, survey, investigation, or inquiry. Said reservations specifically include the reservations by Grantor of their right to retain rentals and the rights to terminate any leases or pipelines (other than pubiic utility pipelines) that cross over the property conveyed herein and continue on to appurtenant Grantor Property. Any relocation of said leases or pipelines necessitated by the construction of public drainage improvements shall not be a Grantor expense. AS A MATERIAL INDUCEMENT TO GRANTOR TO EXECUTE AND DELIVER THIS DEED, BY ACCEPTANCE OF THIS DEED GRANTEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT: (I) GRANTEE HAS ACCEPTED THE PROPERTY IN liAS IS, WHERE IS, WITH ALL FAULTS" CONDITION; (II) NEITHER GRANTOR NOR ANY PARTY REPRESENTING GRANTOR HAS MADE ANY WARRANTY OR REPRESENTATION, ORAL OR WRITTEN, EXPRESS OR IMPLIED, TO GRANTEE WITH RESPECT TO THE . \ PROPERTY REGARDING ENVIRONMENTAL CONDITIONS, INCOME TO BE DERIVED FROM THE PROPERTY, EXPENSES TO BE INCURRED WITH RESPECT' TO THE PROPERTY, AVAILABILITY OF UTILITIES, ACCESS, TITLE (EXCEPT THE SPECIAL WARRANTY OF TITLE ABOVE), ZONING BUILDING COD!:; PLATTING, SUBDIVISION, COMPLIANCE ,WITH LAWS (INCLUDING STATUTE$" ORDINANCES, CODES, RULES AND REGULATIONS) OR ANY OTHER MATTER WHATSOEVER; (III) IN MAKING THE DECISION OR DETERMINATION TO ACCEPT THE. PROPERTY, GRANTEE RELIED ON GRANTEE'S OWN INDEPENDENT INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY AND NOT ON ANY WARRANTY OR REPRESENTATION, ORAL OR WRITTEN, EXPRESS OR IMPLIED, BY GRANTOR OR BY ANY PARTY REPRESENTING GRANTOR (EXCEPT THE SPECIAL WARRANTY OF TITLE ABOVE); (IV) GRANTEE HAS IRREVOCABLY WAIVED ALL RIGHTS TO RELY ON ANY WARRANTY OR REPRESENTATION, ORAL OR WRITTEN, EXPRESS OR IMPLIED, BY GRANTOR OR BY ANY PARTY REPRESENTING GRANTOR, IN j CONNECTION WITH THE PROPERTY (EXCEPT THE SPECIAL WARRANTY OF TITLE ABOVE)'; Ad valorem taxes and m~inten~nca fees, if any, have been prorated between Grantor and Grantee as of the date hereof, and Grantee assumes the' obligations to pay same as they become due and payable subsequent to the date hereof. ':, C:\CLP\SOUTHERN PACIFIC\sPECIAL WARRANTY DEED (Exh, E) 2 <....T1 c::::) . CD i ' ..u.. ~ i CJ ' U1 ' -' CJ1