The Property is located approximately one-half (1/2) mile southeast of the Vulcan Materials stone quarry and approximately two and one- half (2Yz) to three (3) miles southwest of the Martin Marrietta (Beckman Quarry East and Beckman Quarry West) stone quarry, as depicted on Exhibit E attached hereto and Incorporated herein (collectively, the "Quarries"). ·~ = EACH PROSPECTIVE PURCHASI'R IS ADVISED THAT DIVERSE. MATERIAL EXTRACTION AND PROCESSING HAVE AND WILL OCCUR ON THE QUARRY PROPERTIES, AND MAY INCLUDE, WITHOUT LIMITATION, MINING, BLASTING, EXTRACTION, PROCESSING, HANDLING, CRUSHING, WASHING, SCREENING, SORTING, STOCKPILING, AND/OR THE PRODUCTION, PACKAGING, DISTRIBUTION AND TRANSPORTATION OF AGGREGATI', CONCRETE AND CONCRETE PRODUCTS, INCLUDING ACTIVITIES REQUIRED FOR THE SUPPORT OF SUCH OPI'RATIONS, SUCH AS VEHICLE MAINTENANCE AND REPAIR FACILITIES, OFFICE AND DISPATCH FACILITIES, OUTSIDE STORAGE OF
CERTIFICATE The page to which this Cfliificate Is affixed may haw been nltered to •·edact confidential pwsonnllnformatlon but Is olhcnvisc n full, fi"Ue and corn•ct copy of the orighml on nte and of1·ecord in my office.•.
ATTESTED: GERARD C."'ru"'Co;;KH=o"'F"'F,----- COUNTY CLERK BEXAR COUNTY, TEXAS
BY: --..'"'---;o;---,,--------- ~ -ltdli Deputy Date MATE~IALS, AND OTHER OPERATION$ INCIDENTAL TO QUARRY OPERATIONS. COMPLETE INFORMATION ON THE QUARRY OPERATIONS, INCLUDING BLAST LEVELS AND SCHEDULES, OPERATING HOURS AND OTHER INFORMATION SHOULD BE OBTAINED FROM THE QUARRY OPERATORS, MARTIN MARIETTA MATERIALS SOUTHWEST, INC., 17910 IH-10 WEST, SAN ANTONIO, TEXAS 78257, TELEPHONE 210-696-8500, AND VULCAN MATERIALS COMPANY, BOO ISOM ROAD, SAN ANTONIO, TEXAS 78216, TELEPHONE 210-524- 3500.
Declarant makes no warranties, representations or covenants with respect to the effect on the Property or the value thereof of the blasting or other quarry operations at the Quarries. By completing the purchase of all or any part of the Property, each Owner acknowledges and agrees that It has been afforded full access to, and has fully and completely Inspected and Investigated all aspects of the Property to its satisfaction, including the proximity of the Property to the Quarries and the operations at the Quarries, and has made an independent determination of the suitability of the Property for Owne(s Intended use. BY PURCHASING ALL OR ANY PART OF THE PROPERTY, EACH OWNER AGREES (I) TO WAIVE, ACQUIT AND RELEASE DECLARANT, AND (li) NOT TO INSTITUTE SUIT AGAINST DECLARANT WITH RESPECT TO THE PROPERTY ARISING OUT OF THE PROXIMITY OF THE PROPERTY TO THE QUARRIES AND THE OPERATIONS OF THE QUARRIES.
(b) Indemnification and Release. EACH PROSPECTIVE PURCHASER IS RESPONSIBLE FOR THOROUGHLY INSPECTING AND EXAMINING THE PROPERTY AND FOR CONDUCTING SUCH INVESTIGATIONS OF THE PROPERTY AS IT DEEMS NECESSARY TO EVALUATE ITS PURCHASE. BY COMPLETING THE PURCHASE OF ALL OR ANY PART OF THE PROPERTY, EACH PROSPECTIVE PURCHASER IS ACKNOWLEDGING THAT IT IS PURCHASING THE PROPERTY ON AN "AS IS", "WHERE IS" AND "WITH ALL FAULTS" BASIS.
BY PURCHASING ALL OR ANY PART OF THE PROPERTY, EACH OWNER AGREES TO INDEMNIFY AND HOLD HARMLESS AND TO UNCONDITIONALLY RELEASE DECLARANT, ITS PARTNERS, OFFICERS, DIRECTORS, CONTRACTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY CLAIMS, COSTS, FEES, EXPENSES, DAMAGES OR LIABILITIES THAT AN OWNER, HIS FAMILY, EMPLOYEES, GUESTS, TENANTS, CONTRACTORS