Common use of SPECIAL WARRANTY DEED Clause in Contracts

SPECIAL WARRANTY DEED. For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ORI-COLORADO, INC., a Nevada corporation (“Grantor”), hereby grants, sells and conveys to (“Grantee”), that real property located in County, Colorado and legally described on Exhibit A attached hereto and incorporated herein by this reference, together with all interests, privileges and easements appurtenant thereto and any and all improvements located thereon (the “Property”). SUBJECT TO: current taxes not yet due and payable, assessments and any other liens arising therefrom, all reservations in patents, deed restrictions, if any, all easements, rights of way, covenants, conditions, restrictions, encroachments, liens, encumbrances, obligations and liabilities as may appear of record, and all other matters that can be determined by a visual inspection or a complete and accurate survey of the Property (collectively, the “Permitted Exceptions”). TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions as aforesaid, unto Grantee, and Grantee’s successors and assigns, forever; and Grantor does hereby bind Grantor, and Grantor’s successors and assigns, to WARRANT and FOREVER DEFEND, all and singular, the Property, subject to the Permitted Exceptions, unto Grantee, and Grantee’s successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. DATED effective as of the day of , 20 . ORI-COLORADO, INC., a Nevada corporation By: Name: Title: STATE OF ) ) ss COUNTY OF ) On , , before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State My Commission Expires:

SPECIAL WARRANTY DEED. For the consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerationconsiderations received, the receipt and sufficiency of which are hereby acknowledged, ORI-COLORADO, INC., a Nevada corporation __________a(n) _________________________ (“Grantor”), does hereby grantsconvey to _____________________________, sells and conveys to a(n) ___________________ (“Grantee”), that all of Grantor’s right, title and interest in and to the following described real property located in County, Colorado and legally described on Exhibit A attached hereto and incorporated herein by this reference, together with all interests, privileges and easements appurtenant thereto and any and all improvements located thereon (the “Property”)) situated in _______________County, __________, together with all improvements thereon and all of Grantor’s interest in any rights and privileges solely appurtenant thereto: SEE EXHIBIT A ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO: current taxes the permitted exceptions set forth on Exhibit B attached hereto and by this reference made a part hereof. AND GRANTOR hereby binds itself and its successors to warrant and defend the title against all of the acts of Grantor and no other, subject to the matters set forth above. This Deed and the conveyance evidenced hereby is made subject to the express condition (the “Restriction on Unit Sale”) that on or before [INSERT DATE 3 YEARS FROM DATE OF DEED] (the “Expiration Date”), individual condominium units in the Fox Ridge Condominiums created by and subject to that certain Declaration recorded on August 13, 1986 in Book 4850 at Page 601, as amended (the “Condominium”) shall not yet due be sold; provided, however, notwithstanding the foregoing, Grantee and payableits successors and assigns may from time to time sell individual condominium units in the Condominium as long as the particular sale is not less than 100% of the individual condominium units in the Condominium to a single purchaser in a single transaction (which purchasing entity may consist of multiple entities owning an undivided interest in 100% of the individual condominium units). In addition to any rights or remedies Grantor may have at law or in equity, assessments if, individual condominium units in the Condominium are sold in violation of the Restriction on Unit Sale prior to the Expiration Date, Grantee, on behalf of itself, its successors and its assigns, agrees to indemnify, defend and hold Grantor, Grantor’s affiliates, and each of their respective members, partners, officers, directors, trustees, parents, subsidiaries, shareholders, managers, beneficiaries, employees and agents, harmless from and against any other liens arising therefromand all demands, all reservations in patentsclaims, deed restrictionscauses of action, if anylegal or administrative proceedings, all easementslosses, rights of wayliabilities, covenantsdamages, conditionspenalties, restrictions, encroachmentsfines, liens, encumbrancesjudgments, obligations costs or expenses whatsoever and liabilities as may appear of recordany kind or nature (including, without limitation, court costs and reasonable attorneys’ fees and disbursements arising out of any of the above), whether in tort, contract or otherwise, and whether arising under statutes in effect in the State of Colorado or otherwise, arising out of or directly relating to claims made or brought by or on behalf of any party or parties (including, without limitation, condominium and homeowner associations), and their successors and assigns, who acquire or contract to acquire an ownership interest in one or more (but not all) individual condominium units in the Condominium, in connection with or related to, the physical condition of the Property prior to, at and subsequent to the date of this Deed, including, without limitation, with respect to deficiencies (including, without limitation, any latent or patent defect) in the design, specification, surveying, planning, development, supervision or construction of an improvement to the Property, or any injury arising out of any such deficiency, all structural and seismic elements of the Property, all mechanical, electrical, plumbing, sewage, heating, ventilating, air conditioning and other matters that can be determined by a visual inspection systems, the existence of asbestos, mold, mildew or a complete fungi and accurate survey the environmental condition of the Property (collectively, the “Permitted ExceptionsClaims”). TO HAVE AND TO HOLD Except with respect to any Claims arising or relating to the period occurring prior to the Expiration Date, the indemnity obligations set forth in this Deed shall automatically terminate on the Expiration Date without further action of the parties hereto. The foregoing indemnification, covenants, conditions and restrictions shall run with title to the Property herein described, and shall inure to the benefit of, and shall be binding upon, Grantor and Grantee and their respective heirs, successors and assigns. Except as otherwise provided in this Deed, Grantee hereby covenants and agrees not to sell, transfer or otherwise dispose of the Property, subject or any portion thereof (other than for individual tenant use as contemplated hereunder) prior to the Permitted Exceptions Expiration Date, without obtaining from the Grantee’s successor or transferee and delivering same to Grantor a written agreement for the benefit of the Indemnified Parties acknowledging the Restriction on Unit Sale and assuming all of Grantee’s covenants, duties and obligations hereunder (provided that no such assumption shall relieve Grantee of its obligations hereunder to Grantor). If any term or provision of this Deed or the application thereof to any persons or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Deed or the application of such term or provision to persons or circumstances other than those as aforesaid, unto Granteeto which it is held invalid or unenforceable shall not be affected thereby, and Grantee’s successors each term and assigns, forever; provision of this Deed shall be valid and Grantor does hereby bind Grantor, and Grantor’s successors and assigns, to WARRANT and FOREVER DEFEND, all and singular, the Property, subject enforced to the Permitted Exceptions, unto Grantee, and Grantee’s successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. DATED effective as of the day of , 20 . ORI-COLORADO, INCfullest extent permitted by law., a Nevada corporation By: Name: Title: STATE OF ) ) ss COUNTY OF ) On , , before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State My Commission Expires:

SPECIAL WARRANTY DEED. For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ORI-COLORADOORI PARK, INC., a Nevada corporation (“Grantor”), hereby grants, sells and conveys to (“Grantee”), that real property located in County, Colorado and legally described on Exhibit A attached hereto and incorporated herein by this reference, together with all interests, privileges and easements appurtenant thereto and any and all improvements located thereon (the “Property”). SUBJECT TO: current taxes not yet due and payable, assessments and any other liens arising therefrom, all reservations in patents, deed restrictions, if any, all easements, rights of way, covenants, conditions, restrictions, encroachments, liens, encumbrances, obligations and liabilities as may appear of record, and all other matters that can be determined by a visual inspection or a complete and accurate survey of the Property (collectively, the “Permitted Exceptions”). TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions as aforesaid, unto Grantee, and Grantee’s successors and assigns, forever; and Grantor does hereby bind Grantor, and Grantor’s successors and assigns, to WARRANT and FOREVER DEFEND, all and singular, the Property, subject to the Permitted Exceptions, unto Grantee, and Grantee’s successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. DATED effective as of the day of , 20 . ORI-COLORADOORI PARK, INC., a Nevada corporation By: Name: Title: STATE OF ) ) ss COUNTY OF ) On , , before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State My Commission Expires:

SPECIAL WARRANTY DEED. For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ORI-COLORADO, INC., a Nevada corporation (“Grantor”), hereby grants, sells and conveys to (“Grantee”), that real property located in County, Colorado and legally described on Exhibit A attached hereto and incorporated herein by this reference, together with all interests, privileges and easements appurtenant thereto and any and all improvements located thereon (the “Property”). SUBJECT TO: current taxes not yet due and payable, assessments and any other liens arising therefrom, all reservations in patents, deed restrictions, if any, all easements, rights of way, covenants, conditions, restrictions, encroachments, liens, encumbrances, obligations and liabilities as may appear of record, and all other matters that can be determined by a visual inspection or a complete and accurate survey of the Property (collectively, the “Permitted Exceptions”). TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions as aforesaid, unto Grantee, and Grantee’s successors and assigns, forever; and Grantor does hereby bind Grantor, and Grantor’s successors and assigns, to WARRANT and FOREVER DEFEND, all and singular, the Property, subject to the Permitted Exceptions, unto Grantee, and Grantee’s successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. DATED effective as of the day of , 20 . ORI-COLORADO, INC., a Nevada corporation By: Name: Title: STATE OF ) ) ss COUNTY OF ) On , , before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State My Commission Expires:: EXHIBIT A PROPERTY EXHIBIT E XXXX OF SALE AND ASSIGNMENT OF LEASES AND CONTRACTS This instrument is executed and delivered as of the day of , 201 pursuant to that certain Improved Commercial Property Xxxxxxx Money Contract (“Contract”), dated , 201 , by and between ORI-COLORADO, INC., a Nevada corporation (“Seller”), and , a (“Purchaser”), covering the real property described in Exhibit A attached hereto (“Real Property”).

SPECIAL WARRANTY DEED. For the consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency adequacy of which are hereby acknowledged, ORI-COLORADO, INC.SPIRIT MASTER FUDNING III, a Nevada corporation Delaware limited liability company (“Grantor”), with offices located at 0000 X. Xxxxxxx Street, Suite 300, Dallas, Texas 75201, does hereby grantsgrant and convey to , sells and conveys to a(n) (“Grantee”), with offices located at , that certain real property located situated in Xxxx County, Colorado and legally Illinois described on Exhibit A attached hereto and incorporated herein by this reference, together with all interests, privileges and easements appurtenant thereto and any and all improvements located thereon (the “Property”). SUBJECT TO: current The Property is conveyed subject to all taxes and other assessments not yet due and payable, assessments and any other liens arising therefrom, all reservations in patents, deed restrictions, if any, all easements, rights of way, encumbrances, liens, covenants, conditions, restrictions, encroachments, liens, encumbrances, obligations and liabilities as may appear of record, and all other matters that can be determined by a visual an inspection or a complete survey would disclose. The Grantor hereby binds itself and accurate survey its successors to warrant and defend the title as against all acts of the Property (collectively, the “Permitted Exceptions”). TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions as aforesaid, unto Grantee, Grantor and Grantee’s successors and assigns, forever; and Grantor does hereby bind Grantor, and Grantor’s successors and assigns, to WARRANT and FOREVER DEFEND, all and singular, the Property, subject to the Permitted Exceptions, unto Grantee, and Grantee’s successors and assigns, against every person whomsoever lawfully anyone claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwiseand no other, subject to the matters above set forth. DATED effective as of the day of Dated: , 20 . ORI-COLORADO2017 a Delaware limited liability company By: Spirit SPE Manager, INC.LLC, a Nevada corporation Delaware limited liability company, its manager By: Printed Name: Title: STATE OF TEXAS ) ) ss SS. COUNTY OF DALLAS ) On , , before Before me, the undersignedundersigned Notary Public, a Notary Public in and for said County and Stateon this day of 2017, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) person whose name(s) is/are name is subscribed to the within instrument foregoing instrument, and acknowledged known to me that he/she/they executed to be the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State My Commission Expires:: ALSO: Send Future Tax Bills to: Attn: AGREEMENT (this “Assignment”), is made as of [_ , 2017] (“Effective D ate”), by and between SPIRIT MASTER FUNDING III, LLC, a Delaware limited liability company (“A ssignor”), and [ ], a [state] [type of