1996 Southern Pacific Transportation Company Special Warranty Deed

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.i ~ . ., ._ '1 . i ,. .t; I e . , " J "', ' I' ,'I examination, survey, investigation, or inquiry. Said reservations specifically include the reservations by Grantor of their tight to retain rentals and the rights to terminate any leases or pipelines (other than public 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 INDUCEMEN.T TO GRANTOR TO EXECUTE AND DELIVER THIS DEED, ,BY ACCEPTANCE OF THIS DEED GRANTEE EXPRESSLY ACKNOWLEDG.ES AND AGREES THAT: (I) GRANTEE HAS ACCEPTED THE PROPERTY IN "AS IS, WHERE IS, WITH ALL FAUL TS" 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,' AYAILABILlTY OF UTILITIES, ACCESS, TITLE (EXCEPT THE SPECIAL WARRANTY OF TITLE ABOVE), ZONING BUILDING CODE, PLATTING, SUBDIVISION,' COMPLIANCE WITH LAWS (INCLUDING STATUTES, ORDINANCES, CODES, RULES AND REGULATIONS) OR ANY OTHER MATTER WHATSOEVER; (III) IN MAKING THE DECISION OR DETERMINATION TO ACCEPT THE PROPERTY, GRANTEE RELIED ON G'RANTEE'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 CONNECTION WITH THE PROPERTY (EXCEPT THE SPECIAL WARRANTY OF TITLE ABOVE); Ad valorem taxes and. maintenance 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. ' IUESTIMONY V)fHEREOF, this instrument is executed effective as of the dJ ~ day of U ",:1111- , 1996. v C:\CLP\SOUTHERN PACIFIC\sPECIAL WARRANTY DEED (Exh, D) Ul c:) l.D i ..r::::::.. ~ I C) L.il ~ U1 2