in Document
No. 2004233570 and Document No. 2004239650 (Plat), as amended by Document
No. 2005050752, Document No. 2005170928, Document No. 2005229466 and Document
No. 2006110880 of the Public Records of Travis County, Texas, together with an
undivided interest in the common elements thereof, together with the limited
common elements appurtenant thereto.
A - 1
EXHIBIT B
SPECIAL WARRANTY DEED
[To be conformed to the laws of where the Property is located.]
This instrument prepared by or under the supervision of
(and after recording should be returned to):
Name:
, Esquire
Address:
(Space Reserved for Clerk of Court)
Parcel I.D. No.
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made and entered into as of the
day of
, 20
by
, a
("Grantor"), whose
mailing address is
,
,
,
, to
, a
("Grantee"), whose taxpayer identification number is
and whose mailing address is
. Wherever used herein, the terms
"Grantor" and "Grantee" shall include all of the parties to this instrument and
their successors and assigns.
W I T N E S S E T H:
GRANTOR, for and in consideration of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained and sold, and by these presents does hereby
grant, bargain and sell to Grantee and Grantee's heirs, successors and assigns
forever, the following described land situate and being in Travis County, Texas
(the "Property"), to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF
TOGETHER WITH all the tenements, hereditaments and appurtenances thereunto
belonging or in anywise appertaining.
THIS CONVEYANCE is subject to those matters set forth on Exhibit "B" attached
hereto and made a part hereof.
B - 1
TO HAVE and to hold the same in fee simple forever.
GRANTOR hereby binds Grantor and Grantor's heirs and successors to warrant and
forever defend all and singular the Property to Grantee and Grantee's heirs,
successors, and assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof when the claim is by, through, or under
Grantor but not otherwise, except as to the those matters set forth on Exhibit
"B" attached hereto and made a part hereof.
EXCEPT FOR GRANTOR'S REPRESENTATIONS AND WARRANTIES AS CONTAINED IN SECTION 9.01
OF THAT CERTAIN PURCHASE AGREEMENT (THE "CONTRACT") ENTERED INTO BETWEEN GRANTOR
AS SELLER AND GRANTEE AS PURCHASER AND THE WARRANTIES OF TITLE SET FORTH HEREIN,
THE PROPERTY IS BEING CONVEYED IN IS "AS IS", "WHERE IS" AND "WITH ALL FAULTS"
BASIS AND GRANTOR DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS OR WARRANTIES
WHATSOEVER, EITHER EXPRESS OR IMPLIED OR STATUTORY RELATING TO THE PROPERTY OR
ANY PORTION THEREOF, OF ITS CONDITION.
GRANTOR FURTHER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE IN
RESPECT OF THE PROPERTY. GRANTEE AFFIRMS THAT GRANTEE HAS NOT RELIED ON
GRANTOR'S SKILL OR JUDGMENT TO SELECT OR FURNISH SUCH PROPERTY FOR ANY
PARTICULAR PURPOSE, AND THAT GRANTOR HAS MADE NO WARRANTY THAT