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4()11 <br />DEED WITHOUT WARRANTY <br />(Retail #iHP -386) <br />KNOW ALL MEN BY THESE PRESENTS, That ONE HOLDINGS, INC., a corporation, duly <br />organized and existing under the laws of the State of Delaware, as Grantor, with a mailing <br />address at 3810 Carew Tower, Cincinnati, Ohio 45202, Attention: Marylou Schooler, CT <br />Corporation Systems, for consideration of the sum of Ten Dollars ($10.00) and other good <br />and valuable consideration, to be paid by The Kroger Co., an Ohio corporation, (the <br />"Grantee") with a tax mailing address at 1014 Vine Street, Cincinnati, Ohio 45202, <br />Attention: Tax Department, has granted, sold and conveyed, and by these presents does <br />grant, sell and convey, unto the said Grantee the real property described on Exhibit "A" <br />attached hereto and made a part hereof, subject to liens; encumbrances; covenants; <br />conditions; restrictions; reservations (Including mineral reservations) and easements of <br />record; easements, the existence of which can be ascertained by visual inspection; and <br />to taxes for the year 1997 and subsequent years; and the reservation and exception to <br />warranty set forth below. Prior Deed Reference: Volume 129, Page 184 of the Records <br />of Lamar County, Texas. <br />TO HAVE AND TO HOLD the above described premises, together with all and <br />singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, <br />and Grantee's successors and assigns forever. <br />Grantor, for the consideration and subject to the reservations from and exceptions <br />to conveyance, conveys to Grantee the property without express or Implied warranty, and <br />all warranties that might arise by common law and the warranties in §5.023 of the Texas <br />Property Code (or Its successor) are excluded. <br />IN WITNESS WHEREOF, the said ONE HOLDINGS, INC. has caused these <br />presents to be signed by Its duly authorized officers and to be sealed with the seal of the <br />corporation, at Cincinnati, Ohio, effective the 10 day of December, 1998, <br />x <br />o� <br />m <br />w �.., <br />ONE LDING INC. <br />wir- <br />Qw d <br />I3y' Paul Heldman <br />Vice President <br />a <br />o <br />xU <br />ATTEST: <br />m <br />Pamela A. Mue r <br />Assistant Secretary <br />STATE OF OHIO ) <br />NatY DAL -9S7 Rp .- 985�ace 26? <br />MW #79 <br />Rea! Property 985 Page 267 <br />