heirs, legal representatives, successors and assigns to WARRANT and FOREVER
DEFEND all and singular the Property, subject to the Permitted Encumbrances,
unto Grantee, its successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part of the Property, by through,
or under Grantor, but not otherwise.
By accepting this Special Warranty Deed, Grantee acknowledges that THE PROPERTY
IS CONVEYED TO AND ACCEPTED BY GRANTEE IN ITS PRESENT CONDITION, AS IS, WHERE
IS, WITH ALL FAULTS, AND WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED,
EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES OF GRANTOR CONTAINED IN
THAT CERTAIN PURCHASE AND SALE AGREEMENT BETWEEN GRANTOR AND GRANTEE DATED
____________ (THE "PURCHASE AGREEMENT") AND ANY WARRANTY OF TITLE EXPRESSLY
PROVIDED FOR IN THIS DEED (COLLECTIVELY, THE "TITLE WARRANTIES").
NOTWITHSTANDING ANYTHING CONTAINED HEREIN OR THE PURCHASE AGREEMENT TO THE
CONTRARY, IT IS UNDERSTOOD AND AGREED THAT, EXCEPT FOR THE EXPRESS
REPRESENTATIONS AND WARRANTIES OF GRANTEE CONTAINED IN THE PURCHASE AGREEMENT
AND THE TITLE WARRANTIES, GRANTOR HAS NOT MADE AND IS NOT NOW MAKING, AND
GRANTOR SPECIFICALLY DISCLAIMS, ANY WARRANTIES, REPRESENTATIONS OR GUARANTIES OF
ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR
FUTURE, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTIES, REPRESENTATIONS OR GUARANTIES AS TO (1) MATTERS OF TITLE (OTHER THAN
THE TITLE WARRANTIES); (2) ENVIRONMENTAL MATTERS OF ANY KIND RELATING TO THE
PROPERTY OR ANY PORTION THEREOF (INCLUDING WITHOUT LIMITATION COMPLIANCE OF THE
PROPERTY WITH ENVIRONMENTAL LAWS OR THE CONDITION OF THE SOIL OR GROUNDWATER
BENEATH THE SUBJECT PROPERTY OR THE PRESENCE OF HAZARDOUS SUBSTANCES IN OR ON,
UNDER OR IN THE VICINITY OF THE SUBJECT PROPERTY); (3) GEOLOGICAL CONDITIONS,
INCLUDING, WITHOUT LIMITATION, SUBSIDENCE, SUBSURFACE CONDITIONS, WATER TABLE,
UNDERGROUND WATER RESERVOIRS, AND ANY LIMITATIONS REGARDING THE WITHDRAWAL OF
WATER; (4) WHETHER, AND TO THE EXTENT TO WHICH, THE PROPERTY OR ANY PORTION
THEREOF IS AFFECTED BY ANY STREAM (SURFACE OR UNDERGROUND), BODY OF WATER, FLOOD
PRONE AREA, FLOOD PLAIN, FLOODWAY OR SPECIAL FLOOD HAZARD; (5) DRAINAGE; (6)
SOIL CONDITIONS, INCLUDING WITHOUT LIMITATION THE EXISTENCE OF INSTABILITY, PAST
SOIL REPAIRS, SOIL ADDITIONS OR CONDITIONS OF SOIL FILL, OR SUSCEPTIBILITY TO
LANDSLIDES, OR THE SUFFICIENCY OF ANY UNDER SHORING; (7) ZONING TO WHICH THE
SUBJECT PROPERTY OR ANY PORTION THEREOF MAY BE SUBJECT; (8) THE AVAILABILITY OF
ANY UTILITIES TO THE PROPERTY OR ANY PORTION THEREOF INCLUDING, WITHOUT
LIMITATION, WATER, WASTEWATER, SEWAGE, GAS AND ELECTRIC; (9) THE VALUE,
COMPLIANCE WITH THE PLANS AND SPECIFICATIONS, SIZE, LOCATION, AGE, USE, DESIGN,
QUALITY, DESCRIPTION, SUITABILITY, STRUCTURAL INTEGRITY, OPERATION, OR PHYSICAL
OR FINANCIAL CONDITION OF THE PROPERTY OR ANY PORTION THEREOF; (10) THE
CONDITION OR USE OF THE PROPERTY OR
2
COMPLIANCE OF THE PROPERTY WITH ANY OR ALL PAST, PRESENT OR FUTURE FEDERAL,
STATE OR LOCAL ORDINANCES, RULES, REGULATIONS OR LAWS, BUILDING, FIRE OR ZONING
ORDINANCES, CODES OR OTHER SIMILAR LAWS; (11) THE PRESENCE, CONTENTS, AND
CONDITION OF
UNDERGROUND STORAGE TANKS AND THE EXISTENCE OF ANY RELEASES OR
HAZARDOUS SUBSTANCES THEREFROM; (12) ANY OTHER