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<br />Grantee, City of LaPorte, Texas, acknowledges that its acquisition of the 33.644 acres in no
<br />way entitles the City of LaPorte, Texas, its successors and assigns, to access the subject 33.644 acres
<br />through other property owned, possessed, or controlled by Countrywide Parks I, Inc., that was
<br />acquired by Countrywide Parks I, Inc.; from Bobby Doris Sher6n~s, William Haynie Ausmus, and
<br />Elizabeth S. Ausmus pursuant to that Warranty Deed recorded under Harris County Clerk's File No.
<br />R-424813, said property containing approximately 18.7266 acres and being part of LaPorte Outlots
<br />710 and 711 in the W. B. Lawrence Subdivision in the William M. Jones Survey, Abstract No. 482,
<br />Harris County, Texas. Grantee, City of LaPorte, Texas, specifically releases any right, title, or claim
<br />it might have to access the conveyed '33.644 acres through the hereinabove referenced 18.7266 acres
<br />from Fairmont Parkway or any other road; provided, however, the City of LaPorte, Texas, is not
<br />contracting away its governmental powers and reserves the right to exercise its governmental power
<br />of condemnation to acquire all or part of the 18.7266 acres for a public purpose.
<br />
<br />Special Warranty:
<br />
<br />Grantor, for the consideration and subject to the reservations from and exceptions to
<br />conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and
<br />singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee,
<br />Grantee's successors and assigns forever, Grantor binds Grantor and Grantor's heirs, executors~
<br />administrators, successors and assigns to warrant and forever defend all and singular the property
<br />to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming
<br />or to claim the same or any part thereof, by, through or under Grantor, but not 'otherwise, subject to
<br />the reservations from and exceptions to conveyance and this special warranty.
<br />
<br />Grantor makes no warranty, express or implied, as to the condition or state of repair of the
<br />Subject Property, or any portion thereof, or of visible or hidden defects in material workmanship or
<br />capacity of the Subject Property, environmental condition of the Subject Property or any portion
<br />thereof, and there are no implied warranties of merchantability or fitness for a particular purpose as
<br />to the Subject Property or any portion thereof. Grantee acknowledges that Grantor is under no
<br />obligation to alter, repair or improve the Subject Property or any portion thereof. Grantee
<br />acknowledges that it has fully inspected and reviewed the Subject Property, including, without
<br />implied limitation, the physical aspects thereof and all matters affecting the operation thereof, and
<br />that delivery of the Subject Property is "AS IS" arid "WITH ALL FAULTS", and that Grantor has
<br />disclaimed any implied warranties with respect to the Subject Property, Grantee acknowledges that
<br />it is not relying on any representation, warranty, written information implied limitation, Grantor's
<br />present management company, if any, with respect to the Subject Property, as to any aspect of the
<br />Subject Property or its operation, including, without implied limitation, the physical condition of
<br />the Subject Property. Grantee agrees that no warranty has arisen through trade, custom or course of
<br />dealing with Grantor, and agrees that all disclaimers of warranties shall be construed in favor of
<br />Grantor.
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