consideration of the sum of TEN DOLLARS ($10.00) and
other valuable consideration to the undersigned in hand paid by the Grantee
herein named, the receipt and sufficiency of which are hereby acknowledged, has
GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY
unto ____________________________, a ____________________ ("Grantee"), whose
address is _____________________________, the real property situated in Bexar
County, Texas described on Exhibit "A" attached hereto and incorporated herein
by reference (the "Property"), together with all improvements situated thereon
and all of Grantor's right, title and interest in and to all rights and
appurtenances to the Property in anywise belonging.
This conveyance, however, is made and accepted subject to the matters described
on Exhibit "B" attached hereto and made a part hereof (the "Permitted
Encumbrances"). Grantor warrants that the Property is free from any encumbrances
arising by, through or under Grantor other than the Permitted Encumbrances, but
does not warrant that the Property is free from any other encumbrances.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging, unto the Grantee and Grantee's
successors and assigns forever, subject to the matters set forth herein; and
Grantor does hereby bind itself, its successors and assigns to WARRANT AND
FOREVER DEFEND all and singular the Property unto the Grantee, Grantee's
successors and assigns against every person whomsoever claiming or to claim the
same or any part thereof, by, through or under Grantor, but not otherwise.
Ad valorem taxes applicable to the Property have been paid up to, and including
the year 2011. Ad valorem taxes applicable to the Property for the year 2012
have been prorated between the Grantor and the Grantee as of the date of this
Special Warranty Deed and payment thereof is assumed by Grantee.
GRANTEE ACKNOWLEDGES THAT GRANTEE HAS INDEPENDENTLY AND PERSONALLY INSPECTED THE
PROPERTY AND THAT GRANTEE HAS PURCHASED THE PROPERTY BASED UPON SUCH EXAMINATION
AND INSPECTION. GRANTEE, ACKNOWLEDGES THAT, EXCEPT AS SET FORTH IN THAT CERTAIN
PURCHASE AND SALE AGREEMENT (THE "SALE AGREEMENT"), DATED AUGUST ___, 2012,
BETWEEN GRANTOR, AS SELLER, AND AMERICAN REALTY CAPUITAL IV, LLC, AS PURCHASER,
WITH RESPECT TO THE PROPERTY, GRANTEE IS PURCHASING THE PROPERTY IN "AS-IS,
WHERE-IS" CONDITION "WITH ALL FAULTS" AS OF THE CLOSING AND SPECIFICALLY AND
EXPRESSLY WITHOUT ANY WARRANTIES,
EXHIBIT "D", Special Warranty Deed - Page 1
REPRESENTATIONS OR GUARANTEES, EITHER EXPRESS OR IMPLIED, FROM THE GRANTOR OR
ANY OF GRANTOR'S PARTNERS, SHAREHOLDERS, MEMBERS, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, TRUSTEES AND BENEFICIARIES (THE "GRANTOR INDEMNITEES") AS TO,
AND GRANTEE, ON BEHALF OF ITSELF AND ITS SUCCESSORS AND ASSIGNS, INCLUDING,
WITHOUT LIMITATION, ANY SUBSEQUENT OWNER OF THE PROPERTY OR ANY PORTION THEREOF,
WAIVES ALL CLAIMS AGAINST AND RIGHT TO RECOVER FROM, RELEASES AND AGREES TO
INDEMNIFY, DEFEND AND HOLD HARMLESS GRANTOR AND THE GRANTOR INDEMNITEES OF AND
FROM ANY AND ALL PRESENT OR FUTURE DEMANDS, CLAIMS, LEGAL OR ADMINISTRATIVE
PROCEEDINGS, LOSSES, LIABILITIES, DAMAGES, PENALTIES, FINES, LIENS, JUDGMENTS,
COSTS OR EXPENSES, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN,