Common use of SPECIAL WARRANTY DEED Clause in Contracts

SPECIAL WARRANTY DEED. STATE OF TEXAS § § COUNTIES OF CXXXXXXXX AND § RXXXXX § FXXXXX PRODUCTION CO., LP, BDT OIL & GAS, LP, METCALFE OIL, LP, GRASSLANDS ENERGY LP, BUFFALO OIL & GAS, LP and FXXXXX RESOURCES INC. (collectively, “Grantor”), in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, have GRANTED, BARGAINED, SOLD, and CONVEYED and do GRANT, BARGAIN, SELL, AND CONVEY to RING ENERGY, INC. ("Grantee") the real property in Cxxxxxxxx and Rxxxxx Counties, Texas, fully described in Exhibit A, and all improvements located on it, together with all of Grantor’s right, title, and interest in and to (a) any and all rights, titles, powers, privileges, easements, licenses, rights-of-way, and interests appurtenant to the real property and any improvements on the real property, and (b) any and all rights, titles, powers, privileges, easements, licenses, rights-of-way, and interests of Grantor, either at law or in equity, in possession or in expectancy, in and to any real estate lying in the streets, highways, roads, alleys, rights-of-way, or sidewalks, open or proposed, in front of, above, over, under, through, or adjoining the real property, and in and to any strips or gores of real estate adjoining the real property (collectively, “Property”). This Special Warranty Deed and the conveyance above are executed by Grantor and accepted by Grantee subject to any and all restrictions, easements, mineral reservations, and other matters of record, to the extent they are validly existing and applicable to the Property (collectively, “Permitted Exceptions”). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances to it in any way belonging, to Grantee, its successors, and its assigns forever, and Grantor binds itself, its successors, and its assigns to WARRANT AND FOREVER DEFEND all and singular the title to the Property to Grantee, its successors, and its assigns against any person lawfully claiming or to claim the same or any part of it, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. GRANTOR IS CONVEYING THE PROPERTY TO GRANTEE AS IS, WHERE IS, AND WITH ALL FAULTS, AND SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR TYPE FROM OR ON BEHALF OF GRANTOR, EXCEPT FOR GRANTOR’S SPECIAL WARRANTY OF TITLE STATED ABOVE. GRANTEE ACKNOWLEDGES AND STIPULATES THAT GRANTEE IS NOT RELYING ON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION ABOUT THE CONDITION OF THE PROPERTY MADE BY GRANTOR, OR ANYONE ACTING ON GRANTOR’S BEHALF, BUT IS RELYING ON GRANTEE’S OWN EXAMINATION OF THE PROPERTY. This Special Warranty Deed is expressly made subject to the terms of that certain Purchase and Sale Agreement dated May 21, 2015 between Grantor and Grantee (the "Purchase Agreement"). The delivery of this Assignment shall not affect, enlarge, diminish, or otherwise impair any of the representations, warranties, covenants, indemnities, terms, or provisions of the Purchase Agreement. The representations, warranties, covenants, indemnities, terms, and provisions contained in the Purchase Agreement shall not be merged with or into this Assignment but shall survive the execution and delivery of this Assignment to the extent, and in the manner, set forth in the Purchase Agreement. Grantee’s address is: Ring Energy, Inc., P.X. Xxx 00000, Xxxxxxx, Xxxxx 00000 EXECUTED as of May 21, 2015.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Ring Energy, Inc.)

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SPECIAL WARRANTY DEED. STATE OF TEXAS LOUISIANA § § COUNTIES KNOW ALL MEN BY THESE PRESENTS: PARISH OF CXXXXXXXX AND ACADIA § RXXXXX § FXXXXX PRODUCTION CO.RICEBRAN TECHNOLOGIES, LP, BDT OIL & GAS, LP, METCALFE OIL, LP, GRASSLANDS ENERGY LP, BUFFALO OIL & GAS, LP and FXXXXX RESOURCES INC. a California corporation (collectively, formerly known as NutraCea Corporation) (“Grantor”), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, have has GRANTED, BARGAINED, SOLD, and CONVEYED and do by these presents does GRANT, BARGAIN, SELL, AND and CONVEY to RING ENERGYunto STABIL NUTRITION LLC, INC. a Missouri limited liability company ("Grantee") ”), the real property tract or parcel of land in Cxxxxxxxx and Rxxxxx CountiesAcadia Parish, TexasLouisiana, fully described in Exhibit A, A and all buildings and improvements located on itthereon, together with all of Grantor’s right, title, and interest in and to (a) any and all rights, titles, powers, privileges, easements, licenses, rights-of-way, and interests appurtenant to the real property and any improvements on the real propertythereto including, and (b) without limitation, Grantor’s interest, if any, in any and all rights, titles, powers, privileges, easements, licensesrights of ingress and egress, rights-of-waytenements, and interests of Grantor, either at law or in equity, in possession or in expectancy, in and to any real estate lying in the adjacent streets, highways, roads, alleys, rights-of-wayrights of way and any adjacent strips and gores (such land, or sidewalks, open or proposed, in front of, above, over, under, through, or adjoining improvements and interests are hereinafter collectively referred to as the real property, and in and to any strips or gores of real estate adjoining the real property (collectively, “Property”). This Special Warranty Deed and the conveyance above hereinabove set forth are executed by Grantor and accepted by Grantee subject to any and all easements, restrictions, easements, mineral reservations, reservations and other matters covenants now of record, to record in the extent they are validly existing and applicable to real property records of the county in which the Property is located and further subject to all matters that a current, accurate ALTA survey of the Property would show (collectively, the “Permitted Exceptions”). In addition, this conveyance is subject to a continuing right of first refusal in favor of Supreme Rice, LLC (f/k/a Louisiana Rice Mill, L.L.C.) on the terms set forth in Section 4 of the Deed, Mineral Reservation, Grant of Servitudes, Right of First Refusal, and Option to Purchase from Louisiana Rice Mill, L.L.C. to Nutracea Corporation, effective as of September 16, 2006 and recorded on September 15, 2006, at COBE 62, Page 615 of the Acadia Parish official records. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances to it thereunto in any way anywise belonging, to unto Grantee, its successors, successors and its assigns forever, and Grantor binds does hereby bind itself, its successorssuccessors and assigns, and its assigns to WARRANT AND FOREVER DEFEND all and singular the title to the Property to unto Grantee, its successors, successors and its assigns against any every person whomsoever lawfully claiming or to claim the same or any part of it, thereof or interest therein by, through, or under Grantor, Grantor but not otherwise, subject to the Permitted Exceptions. GRANTOR IS CONVEYING THE PROPERTY TO GRANTEE AS ISEXECUTED to be effective as of the _____ day of ___________, WHERE IS2023. WITNESSES: Witness Name: ________________ Witness Name: ________________ RICEBRAN TECHNOLOGIES, AND WITH ALL FAULTSa California corporation By: Name: Xxxxxxx X. Xxxxxxxx Title: Interim Chief Financial Officer and Secretary Grantor’s mailing address is: 00000 Xxxxxxxxxx Xxxx Xxxxx X000 Xxxxxxx, AND SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIESXxxxx 00000 Attention: Xxxxxxx X. Xxxxxxxx STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was acknowledged before me on __________, REPRESENTATIONS2023, OR GUARANTEESby Xxxxxxx X. Xxxxxxxx as Interim Chief Financial Officer and Secretary of RiceBran Technologies, EITHER EXPRESS OR IMPLIEDa California corporation, OF ANY KIND, NATURE, OR TYPE FROM OR ON BEHALF OF GRANTOR, EXCEPT FOR GRANTOR’S SPECIAL WARRANTY OF TITLE STATED ABOVEon behalf of said corporation. GRANTEE ACKNOWLEDGES AND STIPULATES THAT GRANTEE IS NOT RELYING ON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION ABOUT THE CONDITION OF THE PROPERTY MADE BY GRANTOR, OR ANYONE ACTING ON GRANTOR’S BEHALF, BUT IS RELYING ON GRANTEE’S OWN EXAMINATION OF THE PROPERTY. This (Signature of notarial officer) [Affix seal/stamp as close to signature as possible] Special Warranty Deed is expressly made subject to the terms of that certain Purchase and Sale Agreement dated May 21, 2015 between Grantor and Grantee (the "Purchase Agreement"). The delivery of this Assignment shall not affect, enlarge, diminish, or otherwise impair any EXHIBIT A Description of the representationsProperty EXHIBIT C-2 FORM OF MONTANA DEED Recording Requested By And When Recorded Mail to: Stabil Nutrition LLC 0000 Xxxxxxx Xx, warrantiesSTE LL8 St. Louis, covenantsMO 63124 Attention: Xxxxxx Xxxxxxx SPECIAL WARRANTY DEED This SPECIAL WARRANTY DEED is made this ____ day of _____, indemnities2023 by and between RICEBRAN TECHNOLOGIES, termsa California corporation (“Grantor”), or provisions with a mailing address of the Purchase Agreement. The representations00000 Xxxxxxxxxx Xx, warranties, covenants, indemnities, terms, and provisions contained in the Purchase Agreement shall not be merged with or into this Assignment but shall survive the execution and delivery of this Assignment to the extent, and in the manner, set forth in the Purchase Agreement. Grantee’s address is: Ring Energy, Inc., P.X. Xxx 00000Xxxxx X000, Xxxxxxx, Xxxxx 00000 EXECUTED as and STABIL NUTRITION, LLC, a Missouri limited liability company (“Grantee”), whose address is 0000 Xxxxxxx Xx, STE LL8, St. Louis, MO 63124. Grantor, for and in consideration of May 21the sum of Ten dollars ($10.00) and other good and valuable consideration, 2015the receipt and sufficiency of which is hereby acknowledged, hereby grants to Grantee, its successors and assigns forever, all of Grantor’s right, title and interest in and to the real property located in Beaverhead County, State of Montana, further described on Exhibit A attached hereto and incorporated herein by this reference (collectively, the “Land”); TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining, and all of the estate, rights, privileges and immunities, title, interest, claim and demand whatsoever of Grantor in and to the Land, including without limitation all buildings, structures, fixtures, and improvements, equipment, and all easements, rights-of-way, and other real property rights appurtenant to any of the foregoing (collectively with the Land, the “Property”). Except for the special warranty of title resulting from the grant herein, Grantor has not made and does not hereby make any other express representation or warranty, either written or oral, relating to the Grantor or the Property, or any other matter. This conveyance is subject to all easements, restrictions, reservations, leases, and all other matters of record, or which could be ascertained by a survey or inspection of the Property or inquiry of parties in possession of the Property. TO HAVE AND TO HOLD the Property, together with all and singular the rights, members, and appurtenances thereof to the same belonging or in anywise appertaining to the use, benefit, and behalf of the Grantee, its successors and assigns forever in fee simple.

Appears in 1 contract

Samples: Asset Purchase Agreement (RiceBran Technologies)

SPECIAL WARRANTY DEED. For Ten Dollars and other valuable consideration, DRI/CA TEMPE, LLC, a Delaware limited liability company (the “Grantor”), does hereby convey to [ ], LLC, a Delaware limited liability company (the “Grantee”), Grantor’s right, title, interest, and claims in and to the real property and improvements situated in Maricopa County, Arizona, described on the attached Exhibit A, together with the Grantor’s right, title and interest, if any, in (a) all buildings, structures, and improvements now located thereon, (b) all development rights, credits, reimbursements, refunds, air rights, water, water rights (including any grandfathered groundwater or other groundwater or surface water rights), xxxxx and well rights, and water stock relating to the real property, (c) rights to adjoining strips and gores, streets, alleys, easements, rights-of-way, public ways, or other rights appurtenant, adjacent, or connected to the real property, (d) all oil rights, gas rights, minerals, mineral rights, oil, gas, and other hydrocarbon substances in and under, or that may be produced from, the real property, to the extent owned by the Grantor, (e) all other rights, entitlements, easements, privileges, easements, obligations, and other appurtenances, hereditaments, permits, approvals, reversions, and remainders pertaining to such real property or used in connection therewith, and (f) all of Grantor’s rights in any unpaid award for damage by reason of any condemnation proceedings or change of grade of any highway, street, road or avenue; SUBJECT ONLY TO THOSE MATTERS SET FORTH ON EXHIBIT B ATTACHED HERETO. Grantor warrants title against the acts of Grantor only, subject to the matters above set forth. DATE: , 2021 GRANTOR: DRI/CA TEMPE, LLC, a Delaware limited liability company By: Name: Its: Authorized Signatory ACKNOWLEDGMENT STATE OF TEXAS § § COUNTIES ILLINOIS ) ) ss COUNTY OF CXXXXXXXX AND § RXXXXX § FXXXXX PRODUCTION CO.XXXX ) On December , LP2021, BDT OIL & GASbefore me, LPa Notary Public in and for the State of Illinois, METCALFE OILappeared , LPpersonally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as an Authorized Signatory, GRASSLANDS ENERGY LPand that by his signature on the instrument, BUFFALO OIL & GASexecuted the instrument. Notary Signature (Space above for official notarial seal) Name of Document: Special Warranty Deed Other signers: None Total No. of Pages: 3 EXHIBIT A Legal Description EXHIBIT B Permitted Exceptions EXHIBIT D FORM OF XXXX OF SALE XXXX OF SALE KNOWN ALL MEN BY THESE PRESENTS, LP and FXXXXX RESOURCES INC. that DRI/CA TEMPE, LLC, a Delaware limited liability company (collectively, hereinafter called “Grantor”), in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerationconsideration paid to it by , a Delaware limited liability company (hereinafter called “Grantee”), the receipt and sufficiency of which are is hereby acknowledged, have GRANTEDdoes hereby grant, BARGAINEDbargain, SOLDsell, transfer, quit claim and CONVEYED deliver unto the Grantee, their successors and do GRANTassigns, BARGAIN, SELL, AND CONVEY to RING ENERGY, INC. ("Grantee") the real property in Cxxxxxxxx and Rxxxxx Counties, Texas, fully described in Exhibit A, and all improvements located on it, together with all of Grantor’s right, title, title and interest in and to the items of “Personal Property” defined in that certain Real Estate Sale Agreement dated as of , 2021 (aas amended, the “PSA”) any by and all rightsbetween Grantor, titles, powers, privileges, easements, licenses, rights-of-wayas seller, and interests appurtenant to Grantee, as purchaser, except for the Excluded Property, including, without limitation, those items listed on Exhibit A attached hereto (collectively, the “Personal Property”), presently located at the real property and any improvements on the real propertycommonly known as 0000 X. Xxxxxx Xxxxxxxxx in Tempe, and (b) any and all rights, titles, powers, privileges, easements, licenses, rights-of-way, and interests of Grantor, either at law or in equity, in possession or in expectancy, in and to any real estate lying in the streets, highways, roads, alleys, rights-of-way, or sidewalks, open or proposed, in front of, above, over, under, through, or adjoining the real property, and in and to any strips or gores of real estate adjoining the real property (collectively, “Property”). This Special Warranty Deed and the conveyance above are executed by Grantor and accepted by Grantee subject to any and all restrictions, easements, mineral reservations, and other matters of record, to the extent they are validly existing and applicable to the Property (collectively, “Permitted Exceptions”). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances to it in any way belonging, to Grantee, its successors, and its assigns forever, and Grantor binds itself, its successors, and its assigns to WARRANT AND FOREVER DEFEND all and singular the title to the Property to Grantee, its successors, and its assigns against any person lawfully claiming or to claim the same or any part of it, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. GRANTOR IS CONVEYING THE PROPERTY TO GRANTEE AS IS, WHERE IS, AND WITH ALL FAULTS, AND SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR TYPE FROM OR ON BEHALF OF GRANTOR, EXCEPT FOR GRANTOR’S SPECIAL WARRANTY OF TITLE STATED ABOVE. GRANTEE ACKNOWLEDGES AND STIPULATES THAT GRANTEE IS NOT RELYING ON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION ABOUT THE CONDITION OF THE PROPERTY MADE BY GRANTOR, OR ANYONE ACTING ON GRANTOR’S BEHALF, BUT IS RELYING ON GRANTEE’S OWN EXAMINATION OF THE PROPERTY. This Special Warranty Deed is expressly made subject to the terms of that certain Purchase and Sale Agreement dated May 21, 2015 between Grantor and Grantee (the "Purchase Agreement"). The delivery of this Assignment shall not affect, enlarge, diminish, or otherwise impair any of the representations, warranties, covenants, indemnities, terms, or provisions of the Purchase Agreement. The representations, warranties, covenants, indemnities, terms, and provisions contained in the Purchase Agreement shall not be merged with or into this Assignment but shall survive the execution and delivery of this Assignment to the extent, and in the manner, set forth in the Purchase Agreement. Grantee’s address is: Ring Energy, Inc., P.X. Xxx 00000, Xxxxxxx, Xxxxx 00000 EXECUTED as of May 21, 2015Arizona.

Appears in 1 contract

Samples: Real Estate Sale Agreement (Invesco Real Estate Income Trust Inc.)

SPECIAL WARRANTY DEED. STATE OF TEXAS § § COUNTIES OF CXXXXXXXX AND § RXXXXX § FXXXXX PRODUCTION CO.U.S. Bank National Association, LPas Trustee, BDT OIL & GASas successor-in-interest to Bank of America, LPNational Association, METCALFE OILas successor-by-merger to LaSalle Bank National Association, LPas Trustee for the Registered Holders of Bear Xxxxxxx Commercial Mortgage Securities Inc., GRASSLANDS ENERGY LPCommercial Mortgage Pass-Through Certificates, BUFFALO OIL & GAS, LP and FXXXXX RESOURCES INC. Series 2007-PWR17 (collectively, “Grantor”), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) cash and other good and valuable considerationconsideration to it paid by ___________________ (“Grantee”), whose mailing address is ______________________, the receipt and sufficiency of which are acknowledgedhereby acknowledged and confessed, have has GRANTED, BARGAINED, SOLD, and CONVEYED CONVEYED, and do by these presents does GRANT, BARGAIN, SELL, AND and CONVEY to RING ENERGY, INC. unto the Grantee that certain tract of land ("Grantee"“Land”) the real property in Cxxxxxxxx described on Exhibit A attached hereto and Rxxxxx Counties, Texas, fully described in Exhibit A, and all improvements located on itincorporated herein, together with all improvements thereon and all rights and appurtenances appertaining thereto, including all of Grantor’s right, title, title and interest in and to (a) any and all rightsadjacent or adjoining streets, titlesalleys, powers, privileges, easements, licenses, or rights-of-way, ways and interests appurtenant to the real property and any improvements on the real property, and (b) any and all rights, titles, powers, privileges, easements, licenses, rights-of-way, and interests of Grantor, either at law or in equity, in possession or in expectancy, in and to any real estate lying in the streets, highways, roads, alleys, rights-of-way, or sidewalks, open or proposed, in front of, above, over, under, through, or adjoining the real property, and in and to any strips or gores of real estate adjoining or any mineral rights, utilities, licenses and permits (herein collectively called the real property (collectively, “Property”). This Special Warranty Deed and the conveyance above are executed by Grantor is given and accepted by Grantee subject to (i) the permitted exceptions set forth on Exhibit B attached hereto and incorporated herein, (ii) discrepancies, conflicts in boundary lines, shortages in area, encroachments and any and all restrictionsstate of facts which an accurate survey of the Property would disclose or which are shown on the public records, easements, mineral reservations(iii) rights of tenants as tenants only, and other matters of record(iv) laws, regulations, resolutions or ordinances, including, without limitation, building, zoning and environmental protection, as to the extent they are validly existing use, occupancy, subdivision, development, conversion or redevelopment of the Property imposed by any governmental authority (herein called the “Permitted Encumbrances”). Grantee, by its acceptance hereof, agrees to assume and applicable be solely responsible for payment of all ad valorem taxes pertaining to the Property (collectively, “Permitted Exceptions”)for the calendar year 201__ and subsequent years; there having been a proper proration of same between Grantor and Grantee. TO HAVE AND TO HOLD the PropertyProperty and all improvements located thereon, together with all and singular the rights and appurtenances to it thereto in any way anywise belonging, to unto Grantee, its legal representatives, successors, and its assigns forever, ; and Grantor binds does hereby bind itself, its legal representatives, successors, and its assigns to WARRANT AND FOREVER DEFEND all and singular the title Property, subject to the Property to Permitted Encumbrances, unto Grantee, its legal representatives, successors, and its assigns assigns, against any every person whomsoever lawfully claiming or to claim the same or any part of it, thereof by, through, or under Grantor, but not otherwise. OTHER THAN THE SPECIAL WARRANTY OF TITLE SET FORTH IN THIS DEED AND AS EXPRESSLY STATED IN THE AGREEMENT OF PURCHASE AND SALE WHEREBY GRANTEE AGREED TO PURCHASE FROM GRANTOR (THE “AGREEMENT”), subject to the Permitted Exceptions. AND GRANTOR IS CONVEYING AGREED TO SELL TO GRANTEE, THE PROPERTY, GRANTOR CONVEYS THE PROPERTY TO GRANTEE AS AND BY ACCEPTING THIS DEED, GRANTEE ACCEPTS THE Agreement of Purchase and Sale 1751891_4 PROPERTY AS-IS, WHERE WHERE-IS, AND WITH ALL FAULTSFAULTS AND GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PHYSICAL CONDITION OR ANY OTHER ASPECT OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, (I) THE STRUCTURAL INTEGRITY OF ANY IMPROVEMENTS ON THE PROPERTY, (II) THE MANNER, CONSTRUCTION, CONDITION, AND SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIES, REPRESENTATIONS, STATE OF REPAIR OR GUARANTEES, EITHER EXPRESS OR IMPLIED, LACK OF REPAIR OF ANY KINDOF SUCH IMPROVEMENTS, NATURE(Ill) THE CONFORMITY OF THE IMPROVEMENTS TO ANY PLANS OR SPECIFICATIONS FOR THE PROPERTY, INCLUDING BUT NOT LIMITED TO ANY PLANS AND SPECIFICATIONS THAT MAY HAVE BEEN OR TYPE FROM OR ON BEHALF OF GRANTORWHICH MAY BE PROVIDED TO GRANTEE, EXCEPT FOR GRANTOR’S SPECIAL WARRANTY OF TITLE STATED ABOVE. GRANTEE ACKNOWLEDGES AND STIPULATES THAT GRANTEE IS NOT RELYING ON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION ABOUT (IV) THE CONDITION CONFORMITY OF THE PROPERTY MADE BY GRANTORTO PAST, CURRENT OR FUTURE APPLICABLE ZONING OR BUILDING CODE REQUIREMENTS OR THE COMPLIANCE WITH ANY OTHER LAWS, RULES, ORDINANCES, OR ANYONE ACTING ON GRANTOR’S BEHALFREGULATIONS OF ANY GOVERNMENT OR OTHER BODY, BUT IS RELYING ON GRANTEE’S OWN EXAMINATION (V) THE FINANCIAL EARNING CAPACITY OR HISTORY OR EXPENSE HISTORY OF THE OPERATION OF THE PROPERTY, (VI) THE NATURE AND EXTENT OF ANY RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCE, LICENSE, RESERVATION, CONDITION, OR OTHERWISE, (VII) THE EXISTENCE OF SOIL INSTABILITY, PAST SOIL REPAIRS, SOIL ADDITIONS OR CONDITIONS OF SOIL FILL, SUSCEPTIBILITY TO LANDSLIDES, SUFFICIENCY OF UNDERSHORING, SUFFICIENCY OF DRAINAGE, (VIII) WHETHER THE PROPERTY IS LOCATED WHOLLY OR PARTIALLY IN A FLOOD PLAIN OR A FLOOD HAZARD BOUNDARY OR SIMILAR AREA, (IX) THE EXISTENCE OR NON­EXISTENCE OF ASBESTOS, UNDERGROUND OR ABOVE GROUND STORAGE TANKS, HAZARDOUS WASTE OR OTHER TOXIC OR HAZARDOUS MATERIALS OF ANY KIND OR ANY OTHER ENVIRONMENTAL CONDITION OR WHETHER THE PROPERTY IS IN COMPLIANCE WITH APPLICABLE LAWS, RULES AND REGULATIONS, (X) THE PROPERTY’S INVESTMENT POTENTIAL OR RESALE POTENTIAL AT ANY FUTURE DATE, AT A PROFIT OR OTHERWISE, (XI) ANY TAX CONSEQUENCES OF OWNERSHIP OF THE PROPERTY OR (XII) ANY OTHER MATTER WHATSOEVER AFFECTING THE STABILITY, INTEGRITY, FITNESS FOR USE OR OTHER CONDITION OR STATUS OF THE LAND OR ANY BUILDINGS OR IMPROVEMENTS SITUATED ON ALL OR PART OF THE PROPERTY (COLLECTIVELY, THE “PROPERTY CONDITIONS”), AND BY ACCEPTING THIS DEED, GRANTEE HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVES ANY AND ALL ACTUAL OR POTENTIAL RIGHTS GRANTEE MIGHT HAVE REGARDING ANY FORM OF WARRANTY, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE PROPERTY, ITS IMPROVEMENTS OR THE PROPERTY CONDITIONS, SUCH WAIVER BEING ABSOLUTE, COMPLETE, TOTAL AND UNLIMITED IN ANY WAY, EXCEPT TO THE EXTENT OTHERWISE PROVIDED IN THE AGREEMENT. This Special Warranty Deed is expressly made subject to the terms [Signature Page Follows] Agreement of that certain Purchase and Sale 1751891_4 WITNESS THE EXECUTION HEREOF as of the ______ day of ____________, 201__. GRANTOR: U.S. Bank National Association, as Trustee, as successor-in-interest to Bank of America, National Association, as successor-by-merger to LaSalle Bank National Association, as Trustee for the Registered Holders of Bear Xxxxxxx Commercial Mortgage Securities Inc., Commercial Mortgage Pass-Through Certificates, Series 2007-PWR17 By: C-III Asset Management LLC (f/k/a Centerline Servicing Inc.), a Delaware limited liability company, in its capacity as general special servicer pursuant to that certain Pooling and Servicing Agreement dated May 21September 1, 2015 between Grantor and Grantee (2007 By: Xxx Xxxxxxxx, Servicing Officer STATE OF TEXAS ) ) ss. COUNTY OF DALLAS ) This instrument was acknowledged before me on ____________, 201__, by Xxx Xxxxxxxx, Servicing Officer of C-III Asset Management LLC, in its capacity as special servicer for U.S. Bank National Association, as Trustee, as successor-in-interest to Bank of America, National Association, as successor-by-merger to LaSalle Bank National Association, as Trustee for the "Purchase Agreement"). The delivery Registered Holders of this Assignment shall not affect, enlarge, diminish, or otherwise impair any of the representations, warranties, covenants, indemnities, terms, or provisions of the Purchase Agreement. The representations, warranties, covenants, indemnities, terms, and provisions contained in the Purchase Agreement shall not be merged with or into this Assignment but shall survive the execution and delivery of this Assignment to the extent, and in the manner, set forth in the Purchase Agreement. Grantee’s address is: Ring Energy, Bear Xxxxxxx Commercial Mortgage Securities Inc., P.X. Xxx 00000Commercial Mortgage Pass-Through Certificates, Xxxxxxx, Xxxxx 00000 EXECUTED as Series 2007-PWR17. [seal] Notary Public – State of May 21, 2015.Texas My commission expires: Agreement of Purchase and Sale 1751891_4 Agreement of Purchase and Sale 1751891_4 EXHIBIT A TO SPECIAL WARRANTY DEED LAND DESCRIPTION Agreement of Purchase and Sale 37 1751891_4 Agreement of Purchase and Sale 38 1751891_4 Agreement of Purchase and Sale 1751891_4 EXHIBIT B TO SPECIAL WARRANTY DEED PERMITTED ENCUMBRANCES Agreement of Purchase and Sale 40 1751891_4 EXHIBIT ”E”

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Hartman Short Term Income Properties XX, Inc.)

SPECIAL WARRANTY DEED. STATE OF TEXAS § § COUNTIES OF CXXXXXXXX AND § RXXXXX § FXXXXX PRODUCTION CO., LP, BDT OIL & GAS, LP, METCALFE OIL, LP, GRASSLANDS ENERGY LP, BUFFALO OIL & GAS, LP and FXXXXX RESOURCES INC. (collectively, “Grantor”), in consideration of the sum of Ten Dollars ($10.00) and other For good and valuable consideration, the receipt and sufficiency of which are is hereby acknowledged, have GRANTED, BARGAINEDa (“Grantor”), SOLDdoes hereby grant, bargain, sell, convey, transfer and release to , a corporation (“Grantee”), and CONVEYED its successors and do GRANTassigns, BARGAIN, SELL, AND CONVEY to RING ENERGY, INC. ("Grantee") the real property in Cxxxxxxxx and Rxxxxx Counties, Texas, fully improvements thereon legally described in on Exhibit A, ,” attached hereto and all improvements located on itincorporated herein by reference (“Property”), together with all of Grantor’s right, title, title and interest in and to to: (a) any and all rights, titles, powers, privileges, easements, licenses, rights-of-way, entitlements, air rights and interests appurtenant appurtenances relating or appertaining to the real property and any improvements on the real property, and Property; (b) any and all rightswater xxxxx, titlesstreams, powerscreeks, privilegesponds, easements, licenses, rights-of-way, and interests of Grantor, either at law or in equity, in possession or in expectancy, in and to any real estate lying in the streets, highways, roads, alleys, rights-of-way, or sidewalks, open or proposed, in front of, above, over, under, through, or adjoining the real property, and in and to any strips or gores of real estate adjoining the real property (collectively, “Property”). This Special Warranty Deed and the conveyance above are executed by Grantor and accepted by Grantee subject to any and all restrictions, easements, mineral reservations, lakes and other matters bodies of recordwater in, to the extent they are validly existing and applicable to the Property (collectively, “Permitted Exceptions”). TO HAVE AND TO HOLD on or under the Property, together with whether such rights are riparian, appropriative, prescriptive or otherwise; (c) all sewer, septic and singular the waste disposal rights and interests applicable or appurtenant to and/or used in connection with the operation of the improvements located on the Property; and (d) all other rights, heriditaments and appurtenances pertaining to it the Property, but specifically excluding any of Grantor’s right title and interest in all minerals, oil, gas and other hydrocarbons located in, on or under the Property; provided, however, Grantor hereby waives and relinquishes any use of the surface of the Property for exploration and/or removal of oil, gas and/or other hydrocarbon substances and will not in any way belongingdisturb the surface of the Property or Grantee’s and its successors and assigns use thereof. This conveyance is subject to ad valorem real property taxes and assessments for the year 201 and thereafter, to Granteeand all easements, its successorsrestrictions and conditions of record as of the date of this Special Warranty Deed. Grantor does hereby bind itself, and its assigns foreversuccessors and assigns, to warrant and Grantor binds itself, its successors, and its assigns to WARRANT AND FOREVER DEFEND all and singular the forever defend title to the Property to unto Grantee, its successorssuccessors and assigns, and its assigns forever, against any person lawfully the claims of all persons claiming or to claim the same or any part of it, by, through, through or under Grantor, but not otherwise, subject to the Permitted Exceptions. GRANTOR IS CONVEYING THE PROPERTY TO GRANTEE AS IS, WHERE IS, AND WITH ALL FAULTS, AND SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR TYPE FROM OR ON BEHALF OF GRANTOR, EXCEPT FOR GRANTOR’S SPECIAL WARRANTY OF TITLE STATED ABOVE. GRANTEE ACKNOWLEDGES AND STIPULATES THAT GRANTEE IS NOT RELYING ON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION ABOUT THE CONDITION OF THE PROPERTY MADE BY GRANTOR, OR ANYONE ACTING ON GRANTOR’S BEHALF, BUT IS RELYING ON GRANTEE’S OWN EXAMINATION OF THE PROPERTY. This Special Warranty Deed is expressly made subject to the terms of that certain Purchase and Sale Agreement dated May 21, 2015 between Grantor and Grantee (the "Purchase Agreement"). The delivery of this Assignment shall not affect, enlarge, diminish, or otherwise impair any of the representations, warranties, covenants, indemnities, terms, or provisions of the Purchase Agreement. The representations, warranties, covenants, indemnities, terms, and provisions contained in the Purchase Agreement shall not be merged with or into this Assignment but shall survive the execution and delivery of this Assignment to the extent, and in the manner, set forth in the Purchase Agreement. Grantee’s address is: Ring Energy, Inc., P.X. Xxx 00000, Xxxxxxx, Xxxxx 00000 EXECUTED as of May 21, 2015against none other.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Excel Trust, Inc.)

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SPECIAL WARRANTY DEED. STATE OF TEXAS § § COUNTIES OF CXXXXXXXX AND § RXXXXX § FXXXXX PRODUCTION CO., LP, BDT OIL & GAS, LP, METCALFE OIL, LP, GRASSLANDS ENERGY LP, BUFFALO OIL & GAS, LP and FXXXXX RESOURCES INC. (collectively, “Grantor”), in consideration of the sum of Ten Dollars ($10.00) and other For good and valuable consideration, the receipt and sufficiency adequacy of which are hereby acknowledged, have GRANTEDthe undersigned, BARGAINEDCITY OF GLENDALE, SOLDan Arizona municipal corporation (“Grantor”), hereby grants, sells, and CONVEYED conveys to and do GRANTCAMELBACK SPRING TRAINING, BARGAINLLC, SELLa Delaware limited liability company (“Grantee”), AND CONVEY to RING ENERGY, INC. ("Grantee") the that certain real property in Cxxxxxxxx and Rxxxxx Counties, Texas, fully described in on Exhibit A, and all improvements located on itA attached hereto (the “Land”), together with all of Grantor’s right, title, and interest in and to (a) any all buildings, structures, and improvements thereon, including, without limitation, all fixtures; and heating, lighting, air conditioning, ventilating, plumbing, electrical, and mechanical equipment (the “Improvements”); (b) all of the rights, titles, powers, privileges, appurtenances, hereditaments, easements, licensesreversions, and remainders pertaining to or used in connection with the Land and any of the Improvements, including, without limitation, all (i) development rights and credits, air rights, water, water rights, grandfathered water rights, and water stock relating to the Land, (ii) strips and gores, streets, alleys, easements, rights-of-way, public ways, and interests appurtenant other rights appurtenant, adjacent, or connected to the real property and any improvements on the real propertyLand, and (biii) any and all rightsminerals, titlesoil, powers, privileges, easements, licenses, rights-of-waygas, and interests other hydrocarbon substances in, under, or that may be produced from the Land; (c) all right, title and interest of Grantor, either at law or in equity, in possession or in expectancy, Grantor in and to any real estate lying reciprocal easement agreements, declarations of covenants, conditions and restrictions, development agreements, impact fee credit agreements, line extension agreements, utility reimbursement agreements, buy-in the streetsagreements, highwaysand similar agreements; (d) minerals, roadsoil, alleysgas, rights-of-way, or sidewalks, open or proposed, in front of, above, overand other hydrocarbon substances in, under, throughor that may be produced from the Land; and (e) any other rights, or adjoining the real propertyprivileges, appurtenances, hereditaments, easements, reversions, and remainders pertaining thereto or used in and to any strips or gores of real estate adjoining the real property connection therewith (collectively, the “Property”). This Special Warranty Deed and ; SUBJECT TO: the conveyance above are executed by Grantor and accepted by Grantee subject to any and all restrictions, easements, mineral reservations, and other matters of record, to listed on Exhibit B attached hereto (the extent they are validly existing and applicable to the Property (collectively, “Permitted Exceptions”). TO HAVE AND TO HOLD the Property, together with all Grantor binds themselves and singular the rights and appurtenances to it in any way belongingtheir heirs, to Grantee, its successorslegatees, and its assigns forever, personal representatives to warrant and Grantor binds itself, its successors, and its assigns to WARRANT AND FOREVER DEFEND all and singular defend the title to the Property to Grantee, its successors, against all of the acts of Grantor and its assigns against any person lawfully claiming or to claim the same or any part of it, by, through, or under Grantor, but not otherwiseno other, subject to the Permitted Exceptions. GRANTOR IS CONVEYING THE PROPERTY TO GRANTEE AS IS, WHERE IS, AND WITH ALL FAULTS, AND SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR TYPE FROM OR ON BEHALF OF GRANTOR, EXCEPT FOR GRANTOR’S SPECIAL WARRANTY OF TITLE STATED ABOVE. GRANTEE ACKNOWLEDGES AND STIPULATES THAT GRANTEE IS NOT RELYING ON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION ABOUT THE CONDITION OF THE PROPERTY MADE BY GRANTOR, OR ANYONE ACTING ON GRANTOR’S BEHALF, BUT IS RELYING ON GRANTEE’S OWN EXAMINATION OF THE PROPERTY. This Special Warranty Deed is expressly made subject to the terms of that certain Purchase and Sale Agreement dated May 21, 2015 between Grantor and Grantee (the "Purchase Agreement"). The delivery of this Assignment shall not affect, enlarge, diminish, or otherwise impair any of the representations, warranties, covenants, indemnities, terms, or provisions of the Purchase Agreement. The representations, warranties, covenants, indemnities, terms, and provisions contained in the Purchase Agreement shall not be merged with or into this Assignment but shall survive the execution and delivery of this Assignment to the extent, and in the manner, set forth in the Purchase Agreement. Grantee’s address is: Ring Energy, Inc., P.X. Xxx 00000, Xxxxxxx, Xxxxx 00000 EXECUTED as of May 21, 2015.

Appears in 1 contract

Samples: Option Agreement

SPECIAL WARRANTY DEED. STATE OF TEXAS § § COUNTIES OF CXXXXXXXX AND § RXXXXX § FXXXXX PRODUCTION CO.For valuable consideration, LPreceipt of which is hereby acknowledged, BDT OIL & GAS, LP, METCALFE OIL, LP, GRASSLANDS ENERGY LP, BUFFALO OIL & GAS, LP and FXXXXX RESOURCES INC. a (collectively, “Grantor”), hereby conveys to , a (“Grantee”), that certain real property and improvements thereon located in consideration the City of the sum , County of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency State of which are acknowledged, have GRANTED, BARGAINED, SOLD, and CONVEYED and do GRANT, BARGAIN, SELL, AND CONVEY to RING ENERGY, INC. ("Grantee") the real property in Cxxxxxxxx and Rxxxxx Counties, Texas, fully more particularly described in Exhibit A, ” attached hereto and all improvements located on itincorporated herein by reference (“Property”), together with all of Grantor’s right, title, title and interest in and to to: (a) any and all rights, titles, powers, privileges, easements, licenses, rights-of-way, development rights, entitlements, air rights and interests appurtenant appurtenances relating or appertaining to the real property and any Property and/or the improvements on the real property, and thereon; (b) any all water xxxxx, streams, creeks, ponds, lakes, detention basins and other bodies of water in, on or under the Property, whether such rights are riparian, appropriative, prospective or otherwise, and all rights, titles, powers, privileges, easements, licenses, rights-of-way, and interests of Grantor, either at law or in equity, in possession or in expectancy, in and to any real estate lying in the streets, highways, roads, alleys, rights-of-way, or sidewalks, open or proposed, in front of, above, over, under, through, or adjoining the real property, and in and to any strips or gores of real estate adjoining the real property (collectively, “Property”). This Special Warranty Deed and the conveyance above are executed by Grantor and accepted by Grantee subject to any and all restrictions, easements, mineral reservations, and other matters of record, to the extent they are validly existing and water rights applicable to the Property and/or the improvements thereon; (collectivelyc) all sewer, “Permitted Exceptions”). TO HAVE AND TO HOLD septic and waste disposal rights and interests applicable or appurtenant to or used in connection with the Property; (d) all minerals, oil, gas and other hydrocarbons located in, on or under the Property, together with all rights to surface or subsurface entry; and singular (e) all streets, roads, alleys or other public ways adjoining or serving the rights and appurtenances to it Property, including any land lying in the bed of any way belongingstreet, to Granteeroad, its successorsalley or other public way, open or proposed, and its assigns foreverany strips, gaps, gorse, culverts and rights-of-way adjoining or serving the Property. SUBJECT to the encumbrances, easements, covenants, conditions, restrictions and other matters listed on Exhibit “B,” attached hereto and incorporated herein by reference. Grantor hereby binds itself, its successors, itself and its assigns successors to WARRANT AND FOREVER DEFEND warrant and defend the title, as against all acts of Grantor herein and singular the title to the Property to Grantee, its successors, and its assigns against any person lawfully claiming or to claim the same or any part of it, by, through, or under Grantor, but not otherwisenone other, subject to the Permitted Exceptions. GRANTOR IS CONVEYING THE PROPERTY TO GRANTEE AS IS, WHERE IS, AND WITH ALL FAULTS, AND SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR TYPE FROM OR ON BEHALF OF GRANTOR, EXCEPT FOR GRANTOR’S SPECIAL WARRANTY OF TITLE STATED ABOVE. GRANTEE ACKNOWLEDGES AND STIPULATES THAT GRANTEE IS NOT RELYING ON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION ABOUT THE CONDITION OF THE PROPERTY MADE BY GRANTOR, OR ANYONE ACTING ON GRANTOR’S BEHALF, BUT IS RELYING ON GRANTEE’S OWN EXAMINATION OF THE PROPERTY. This Special Warranty Deed is expressly made subject to the terms of that certain Purchase and Sale Agreement dated May 21, 2015 between Grantor and Grantee (the "Purchase Agreement"). The delivery of this Assignment shall not affect, enlarge, diminish, or otherwise impair any of the representations, warranties, covenants, indemnities, terms, or provisions of the Purchase Agreement. The representations, warranties, covenants, indemnities, terms, and provisions contained in the Purchase Agreement shall not be merged with or into this Assignment but shall survive the execution and delivery of this Assignment to the extent, and in the manner, matters above set forth in the Purchase Agreement. Grantee’s address is: Ring Energy, Inc., P.X. Xxx 00000, Xxxxxxx, Xxxxx 00000 EXECUTED as of May 21, 2015forth.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Excel Trust, L.P.)

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