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<br />e <br /> <br />- <br /> <br />3. This sanitation control permits the construction of homes or <br />buildings upon same, provided, however, that all stock pens, <br />feed lots, privies, tile or concrete sanitation sewers, <br />cesspools, septic tanks, storm sewers, septic tank <br />drainfields, drilling of improperly constructed wells of any <br />depth and other construction and/or operations that could <br />create an insanitary condition within, upon or across same are <br />specifically prohibited on the above described tract of land. <br /> <br />4. Farming and ranching operations are prohibited on the above <br />described tract of land. <br /> <br />THE PROPERTY IS HEREBY CONVEYED "AS IS", "WHERE IS" AND WITH ALL <br />FAULTS AND GRANTOR MAKES NO REPRESENTATIONS OR WARRANTY WHATSOEVER <br />WHETHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE <br />PROPERTY, THE AVAILABILITY OF UTILITIES, ACCESS OF THE PROPERTY TO <br />PUBLIC ROADS, APPLIANCES OR THE CONDITION, ADEQUACY OR SUITABILITY <br />OF THE PROPERTY FOR PURPOSES. GRANTEE AGREES THAT GRANTEE IS NOT <br />RELYING ON ANY WARRANTY OR REPRESENTATIONS OF GRANTOR OR ANY AGENT, <br />EMPLOYEE, REPRESENTATIVE, DIRECTOR OR OFFICER OF GRANTOR, AND THAT <br />GRANTEE IS BUYING THE PROPERTY "AS IS", "WHERE IS", SUBJECT TO ALL <br />FAULTS AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND, <br />INCLUDING BUT NOT LIMITED TO, 'MATERIALS, WORKMANSHIP, GOOD AND <br />WORKMANLIKE CONSTRUCTION, DESIGN, CONDITION, HABITABILITY, <br />TENANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR <br />THE ENVIRONMENTAL CONDITION OF THE PROPERTY AND THE PRESENCE OF OR <br />CONTAMINATION BY HAZARDOUS MATERIALS AND GRANTOR HEREBY DISCLAIMS <br />ANY SUCH WARRANTY. GRANTEE HAS DETERMINED ON GRANTEE'S BEHALF (I) <br />THE PHYSICAL CONDITION OF THE PROPERTY AND THAT THERE IS NO DEFECT <br />OR CONDITION WHICH IS UNACCEPTABLE TO GRANTEE, (II) WHETHER ANY <br />PORTION OF THE PROPERTY LIES IN ANY FLOOD PLAIN, FLOOD WAY OR <br />SPECIAL FLOOD HAZARD AREA, (III) WHETHER ANY GEOLOGICAL FAULT OR <br />UNSATISFACTORY SOIL CONDITION EXISTS ON ANY PORTION OF THE <br />PROPERTY, AND (IV) THAT ALL' ENVIRONMENTAL CONDITIONS RELATING TO <br />THE PROPERTY ARE ACCEPTABLE TO GRANTEE. ' <br /> <br />Grantor for the consideration and subject to the reservations from <br />and exceptions to conveyance and warranty, grants, sells, and <br />conveys to Grantee the property, together with all and singular the <br />rights and appurtenances thereto in any wise belonging, to have and <br />hold it to Grantee, Grantee's heirs, executors, administrators, <br />successors, or assigns forever. Grantor binds Grantor and <br />Grantor's heirs, executors, administrators, and successors to <br />warrant and forever defend all and singular the property to Grantee <br />and Grantee's heirs, executors, administrators, successors, and <br />assigns against every person whomsoever lawfully claiming or to <br />claim the same or any part thereof, by, through, or under Grantor <br />but npt otherwise, except as to the reservations from and <br />exceptions to conveyance and warranty.' , <br /> <br />Page 2 of 3 <br />