TO HAVE AND TO HOLD the Property granted herein to the Grantee (“FORA”) and its successors and assigns, together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, or claim whatsoever of the Grantor (“the Government”), either in law or in equity and subject to the terms, reservations, restrictions, covenants, and conditions set forth in this Deed.
TO HAVE AND TO HOLD the Property together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee and its successors and assigns forever, subject to the Permitted Exceptions; and Grantor does hereby bind itself and its successors and assigns, to WARRANT AND FOREVER DEFEND, all and singular the said Property unto the said Grantee and its 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, subject, however, to the Permitted Exceptions.
TO HAVE AND TO HOLD the Property subject only to the Permitted Exceptions, unto the Grantee and its successors and assigns forever. Grantor does covenant, promise and agree, to and with the Grantee and its successors and assigns, that it has not done, or suffered to be done, anything whereby the Property is, or may be, in any manner encumbered or charged, except as herein recited, and that it WILL WARRANT AND FOREVER DEFEND the Property against persons lawfully claiming, or to claim the same, by, through or under Grantor but not otherwise, except for claims arising under or by virtue of the Permitted Exceptions.
TO HAVE AND TO HOLD the Property subject to the Permitted Exceptions, unto Grantee, its successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns, to WARRANT and FOREVER DEFEND all and singular the Property, subject to the Permitted Exceptions, unto Grantee, its 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. The Property is sold and conveyed by Grantor and accepted by Grantee AS IS, WHERE IS AND WITH ALL FAULTS, and the provisions of Section 4.1 of that certain Agreement of Purchase and Sale dated , by and between Grantor and Grantee, pursuant to which this conveyance is being effected, are incorporated herein by this reference and made a part hereof.
TO HAVE AND TO HOLD the Property together with all and singular the rights, privileges, tenements, hereditaments and appurtenances thereunto belonging or in any way pertaining thereto, unto the Grantee, and to the successors and assigns of the Grantee forever. Grantor hereby covenants that Grantor, and Grantor's successors and assigns, shall and will WARRANT AND DEFEND the title to the aforesaid premises unto Grantee and to Grantee's successors and assigns forever against the lawful claims of all persons claiming by, through or under Grantor, but none other and subject to the Permitted Deed Exceptions.
TO HAVE AND TO HOLD the Property together with all and singular the rights, titles, and interests thereto in anywise belonging, to Assignee, its successors and assigns forever, subject to the matters to which that certain Special Warranty Deed (“Deed”) of even date herewith from Assignor to Assignee conveying the tract of land described on Exhibit A hereto is made subject as fully as if and for all purposes as if the Property were included and described in the Deed. Assignor has executed this Assignment and has GRANTED, TRANSFERRED and ASSIGNED the Property and Assignee has accepted this Assignment and purchased the Property AS IS AND WHEREVER LOCATED, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, EXPRESS, IMPLIED OR STATUTORY, IT BEING THE INTENTION OF ASSIGNOR AND ASSIGNEE TO EXPRESSLY NEGATE AND EXCLUDE ALL WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTIES CREATED BY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE PROPERTY OR BY ANY SAMPLE OR MODEL AND ANY OTHER WARRANTIES CONTAINED IN OR CREATED BY THE FLORIDA UNIFORM COMMERCIAL CODE OR ANY OTHER LAW. Assignee hereby assumes and agrees to pay and perform all of the terms, covenants, conditions and obligations of the Assignor of the Premises under or with respect to the Property arising or accruing on or after the date hereof, and agrees to indemnify, defend and hold Assignor harmless from and against any claims, costs or liabilities in connection therewith arising or accruing on or after the date hereof. Subject to any limitations on damages contained in that certain Contract of Sale between Assignor and Assignee, Assignor agrees to indemnify, defend and hold Assignee harmless from and against any claims, costs or liabilities in connection with the Property arising or accruing prior to the effective date hereof. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. This Assignment may be executed in identical counterparts, all of which, when taken together, will constitute one and the same instrument. REMAINDER OF PAGE INTENTIONALLY BLANK. SIGNATURE PAGE(S) FOLLOWS. EXECUTED by the undersigned to be effective as of the Effective Date.
TO HAVE AND TO HOLD the Property together with all tenements, improvements, hereditaments, easements, benefits, rights, privileges, and appurtenances belonging to or benefiting the Property forever in FEE SIMPLE. AND GRANTOR HEREBY COVENANTS with Grantee that the Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; and that Grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor but against no other, subject only to the matters set forth on Exhibit B attached hereto (the “Permitted Exceptions”). AND GRANTOR HEREBY WARRANTS that at the time of this conveyance the Property is not the Grantor’s homestead within the meaning set forth in the Constitution of the State of Florida, nor is it contiguous to or a part of homestead property.
TO HAVE AND TO HOLD the Property together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns, forever, subject to the Permitted Encumbrances; and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the said Property, subject to the Permitted Encumbrances, unto the said Grantee, its 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. EXECUTED as of the ______ day of____________________, 2000. PARAGON STEAKHOUSE RESTAURANTS, INC. By: /s/ Joseph L. Wulkowicz ----------------------- Name: Joseph L. Wulkowicz Title: Chxxx Xxxxxxxxx Xxxxxer Grantee's Mailing Address: HS Realty Partners, LP 735 Montgomery Street, Suite 250 San Francisco, California 94111 STATE OF } } COUNTY OF } This instrument was acknowledged before me on _________________, 2000, by _______________________, ______________________ of ________________________, a ______________________________, on behalf of said _______________________. ______________________________________ Notary Public, State of Attachments: Exhibit A - Property Description Exhibit B - Permitted Encumbrances EXHIBIT C GENERAL ASSIGNMENT THIS GENERAL ASSIGNMENT is made and entered into as of the __________ day of ___________________, 2000 by ("Seller"), to ___________________________ ________________________________________________ ("Buyer").
TO HAVE AND TO HOLD the Property together with all and singular the rights and appurtenances thereto in anywise belonging, subject to the Permitted Encumbrances, unto Grantee, its successors and assigns forever, and Grantor does hereby bind itself and its successors and assigns to warrant and forever defend all and singular the Property unto Grantee, Grantee's successors and assigns forever against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, by, through or under Grantor, but not otherwise, subject, however, to the Permitted Encumbrances. This Special Warranty Deed is executed on the date set forth in the acknowledgement below. GRANTOR: SYMS CORP., a New Jersey corporation By: Name: Title: STATE OF _________________ ) ) : ss COUNTY OF _______________ ) On this ____ day of ________, 20___, before me, personally appeared ______________, who acknowledged himself to be a ______________________ of Syms Corp., a _______________ corporation, and that she/he, as said _________________, being authorized so to do, executed the foregoing Special Warranty Deed for the purposes therein contained.
TO HAVE AND TO HOLD the Property together with all and singular the rights and appurtenances thereto in any wise belonging, unto Grantee and its successors and assigns. FOREVER; and, subject to the Permitted Exceptions, Grantor does hereby bind itself, its successors and assigns, TO WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, its successors and assigns, against every person or whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. Grantee, by its acceptance hereof, hereby assumes and agrees to pay all standing fees, taxes and assessments by any taxing authority for the calendar year 2015 and subsequent years.
