the parties
hereto, and their respective successors and assigns.
EXECUTED effective as of the
day of
, 20
.
ASSIGNOR:
,
a
By:
,
a
Its:
By:
Name:
Title:
STATE OF TEXAS
§
§
COUNTY OF
§
This instrument was acknowledged before me on the
day of
, 20
, by
, a
, in its capacity as
of
,
a
, on behalf of said
.
Notary Public in and for the State of Texas
ASSIGNEE:
,
a
By:
Name:
Title:
STATE OF TEXAS
§
§
COUNTY OF
§
EXHIBIT E-2
This instrument was acknowledged before me on the
day of
, 20
, by
, a
, in its capacity as
of
,
a
, on behalf of said
.
Notary Public in and for the State of Texas
EXHIBIT E-3
EXHIBIT F
CERTIFICATE OF PURCHASER
THE UNDERSIGNED,
,
("PURCHASER"), HAS THIS DAY PURCHASED FROM
, A
("SELLER"), THAT
CERTAIN TRACT OR PARCEL OF REAL PROPERTY (AND ALL OF SELLER'S RIGHT, TITLE AND
INTEREST IN AND TO ANY IMPROVEMENTS THEREON) DESCRIBED ON EXHIBIT A ANNEXED
HERETO (SUCH REAL PROPERTY, ANY IMPROVEMENTS, ANY RELATED TANGIBLE AND
INTANGIBLE PERSONAL PROPERTY RELATED THERETO, INCLUDING, WITHOUT LIMITATION, ANY
LEASES AND CONTRACTS, BEING HEREINAFTER COLLECTIVELY CALLED THE "PROPERTY").
PURCHASER EXECUTES AND DELIVERS THIS CERTIFICATE TO SELLER TO CONFIRM AND
ACKNOWLEDGE THAT PURCHASER HAS PURCHASED THE PROPERTY IN ITS "AS IS", "WHERE IS"
CONDITION, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, EXCEPT ONLY THE REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN
THE CONTRACT OF SALE BETWEEN SELLER AND PURCHASER DATED AS OF
, 2012 (THE "CONTRACT") AND THE TITLE WARRANTIES EXPRESSLY SET
FORTH IN THE SPECIAL WARRANTY DEED (AND SPECIAL WARRANTY BILL OF SALE, IF
EXECUTED AND DELIVERED) OF EVEN DATE HEREWITH.
WITHOUT IN ANY WAY LIMITING THE
GENERALITY OF THE FOREGOING, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES OF
SELLER CONTAINED IN THE CONTRACT THE SALE OF THE PROPERTY CONTEMPLATED HEREBY IS
WITHOUT ANY WARRANTY, AND SELLER AND SELLER'S OFFICERS, AGENTS, DIRECTORS,
EMPLOYEES, ATTORNEYS, CONTRACTORS AND AFFILIATES (COLLECTIVELY, "SELLER'S
RELATED PARTIES") EXPRESSLY DISCLAIM ANY WARRANTY, OF OR RELATING TO:
(I) THE
USE, INCOME POTENTIAL, EXPENSES, OPERATION, CHARACTERISTICS OR CONDITION OF THE
PROPERTY OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
SUITABILITY, HABITABILITY, MERCHANTABILITY, DESIGN OR FITNESS FOR ANY SPECIFIC
PURPOSE OR A PARTICULAR PURPOSE, OR GOOD AND WORKMANLIKE CONSTRUCTION; (II) THE
NATURE OR QUALITY OF CONSTRUCTION, STRUCTURAL DESIGN AND ENGINEERING OF THE
PROPERTY; (III) THE ENVIRONMENTAL CONDITION OF THE PROPERTY AND THE PRESENCE OR
ABSENCE OF OR CONTAMINATION BY HAZARDOUS MATERIALS OR THE COMPLIANCE OF THE
PROPERTY WITH ALL REGULATIONS OR LAWS RELATING TO HEALTH OR THE ENVIRONMENT;
(IV) THE QUALITY OF THE LABOR AND MATERIALS INCLUDED IN THE PROPERTY; AND
(V) THE SOIL CONDITIONS, DRAINAGE, FLOODING CHARACTERISTICS, UTILITIES OR OTHER
CONDITIONS EXISTING IN OR ON THE PROPERTY.
PURCHASER HEREBY EXPRESSLY ASSUMES
ALL RISKS, LIABILITIES, CLAIMS, DAMAGES AND COSTS (AND AGREES SELLER SHALL NOT
BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES) RESULTING
OR