Agreement Of Purchase And Sale Page 27
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30EXHIBIT C
SPECIAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER
STATE OF TEXAS
§
§
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
§
That, ABC, LTD., a Texas limited partnership (“Grantor"), for and in consideration of the sum of Ten and
No/100 Dollars ($10.00) and other good and valuable consideration this day paid by _______________
("Grantee"), whose address is____________________________, the receipt and sufficiency of which
consideration are hereby confessed and acknowledged,
has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does GRANT,
BARGAIN, SELL and CONVEY unto Grantee that certain real property more particularly described in
Exhibit "A," attached hereto and made a part hereof (the “Property”).
The conveyance of the Property is made by Grantor and accepted by Grantee subject to (a) the matters
herein stated, (b) the matters set forth on Exhibit “B,” attached hereto and made a part hereof (the
"Permitted Exceptions"), and (c) real estate taxes and standby fees for the year 2005 (which are assumed
by Grantee).
THE PROPERTY IS CONVEYED TO AND ACCEPTED BY GRANTEE IN ITS “AS IS, WHERE IS,
WITH ALL FAULTS”, CONDITION WITHOUT ANY REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED (EXCEPT THE SPECIAL WARRANTY OF TITLE SET FORTH IN THIS
DEED), INCLUDING IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE
OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHATSOEVER. GRANTEE
ASSUMES ALL RISKS REGARDING ANY DEFECTS, DAMAGE OR ADVERSE CONDITIONS
PERTAINING TO THE CONDITION OF THE PROPERTY, OR ANY LOSS, DIMINUTION IN
VALUE, OR INJURY TO THE PROPERTY ARISING FROM ANY GOVERNMENTAL STATUTES,
ORDINANCES, REGULATIONS, DECISIONS OR POLICIES PERTAINING TO THE PRESENT OR
FUTURE
CONDITION,
USE,
OCCUPANCY,
OPERATIONS,
MAINTENANCE,
REPAIR,
IMPROVEMENT, OWNERSHIP OR DISPOSITION OF THE PROPERTY OR ANY PART
THEREOF, AND GRANTEE ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY PROVIDED IN
THIS DEED (A) NEITHER GRANTOR NOR ANY OF ITS AGENTS HAVE MADE, AND
SPECIFICALLY NEGATE AND DISCLAIM, ANY REPRESENTATIONS, WARRANTIES,
PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER
WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, OF, AS TO,
CONCERNING, OR WITH RESPECT TO, (i) THE VALUE, NATURE, QUALITY OR CONDITION
OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND
GEOLOGY, (ii) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND
USES WHICH MAY BE CONDUCTED THEREON, (iii) THE COMPLIANCE OF OR BY THE
PROPERTY WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY
APPLICABLE GOVERNMENTAL AUTHORITY, (iv) THE HABITABILITY, MERCHANTABILITY,
MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE
H-Earnest Money Contract
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