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RP-2017-544919
<br /> 12/12/2017 ER $52.00
<br /> NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
<br /> YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
<br /> INFORMATION FROM ANY INSTRUMENT BEFORE IT IS FILED FOR RECORD IN
<br /> THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
<br /> DRIVER'S LICENSE NUMBER.
<br /> SPECIAL WARRANTY DEED
<br /> THE STATE OF TEXAS §
<br /> § KNOW ALL PERSONS BY THESE PRESENTS:
<br /> COUNTY OF HARRIS §
<br /> THAT PPG INDUSTRIES, INC., a Pennsylvania corporation ("Grantor"), for and in
<br /> consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and
<br /> valuable consideration to Grantor in hand paid by BEAZER HOMES, TEXAS,LP,a Delaware
<br /> limited partnership ("Grantee"), whose mailing address is 10235 West Little York, Suite 200
<br /> Houston, Texas 77040, the receipt and sufficiency of which consideration is hereby
<br /> acknowledged and confessed, subject to all of the matters set forth or referred to herein, has
<br /> GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL, AND
<br /> CONVEY, unto Grantee all of the real property located in La Porte, Harris County, Texas and
<br /> described in Exhibit A attached hereto (the "Land"), together with: (i) all easements, rights,
<br /> privileges and appurtenances relating thereto, and any abutting strips or gores; (ii) Seller's right,
<br /> title and interest, if any, in and to any land lying in the bed of any street, road or avenue, open or
<br /> CD proposed, in front of or adjoining the Land to the center line thereof; (iii) all water rights
<br /> CD appurtenant to the Land; and (iv) all appurtenant easements for parking, ingress and egress and
<br /> utilities (hereinafter collectively referred to as the "Appurtenances"). The Land and the
<br /> Appurtenances are collectively referred to herein as the "Property". Notwithstanding the
<br /> foregoing, Grantor hereby reserves for itself all of Grantor's right, title and interest in and to all
<br /> 0 of the oil, gas and other minerals in, on, under or which may be produced from the Land;
<br /> provided however, Grantor hereby releases and waives, on behalf of itself and its successors and
<br /> a. assigns, all right of ingress and egress to enter upon the surface of the Land for purposes of
<br /> exploring for, developing, drilling, producing, transporting, mining, treating, storing, or any
<br /> other purposes incident to the development or production of the oil, gas and other minerals
<br /> reserved to Grantor; however, such waiver and release shall not prevent Grantor, or its
<br /> successors and assigns, from developing or producing said oil, gas and other minerals in, on and
<br /> under the Land by pooling, by directional drilling under the Land from well sites located on
<br /> tracts other than the Land (provided that any such directional drilling under the Land will be at
<br /> least 500 feet below the surface of the Land), or otherwise so long as Grantor does not physically
<br /> enter upon the surface.
<br /> This Special Warranty Deed is made by Grantor and accepted by Grantee subject to all
<br /> the things or matters set forth on Exhibit B attached hereto and made a part hereof for all
<br /> purposes and to any unrecorded easements or rights of way which are visually apparent on the
<br /> Property, to the extent that the same are applicable and validly exists with respect to the
<br /> Property.
<br /> TO HAVE AND TO HOLD the Property, together with all and singular the rights and
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<br /> 1302089.2
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