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The Grantee agrees as follows: <br /> <br /> 1, The Grantee hereby acknowledges and confirms that the sale, transfer, and <br />conveyance in this Deed without Warranty of all of the Grantor's right, title, and i~temst in <br />the Property is made without any warranty of any nature, kind, or character whatsoever, <br />either express or implied. Including, without limitation, any warranty as to (a) the quality, <br />nature, adequacy, and physical condition of the Property, including, but not limited to, the <br />structural elements, foundation, roof, appurtenances, access, landscaping, parking <br />facilities, and eleotdcal, mechanical, HVAC. plumbing, sewage, and utility systems, <br />facilities, and appliances, (b) the quality, nature, adequacy, and physical condition of <br />soils, geology, and any groundwater, (c) the existence, quality, nature, adequacy, and <br />physical condition of utilities serving the Property, (d} the development potential, income <br />potential, or operating expenses of, the Property, (e) the property's value, use. habitability. <br />or merchantability, (f) the ~ness. suitability, or adequacy of the Property for any particular <br />use or purpose, (g) the zoning or other Ingai status of the Property or any other public or <br />private restrictions on the use of the Property, (h) the compliance of the Property or its <br />operation with atl codes, laws, rotes, regulations, statutes, ordinances, covenants, <br />Judgments, orders, directives, decisions, guidetines, conditions, and restrictions <br />(collectively. the "Laws") of any govemmental or quasi-governmental entity or of any other <br />person or entity, including, without limitation, the Environmental Laws (as hereinafter <br />defined), (i) the presence of Hazardous Materials (as hereinafter defined') on, under, or <br />about the Property or the adjoining or nek3hboring prope~y, (j) the quality of any labor and <br />materials used in any improvements included in the property, (k) the title to the property, <br />· (1} any leases, service contracts, or other agreements affecting the property, (m) the <br />economics of the operation of the property. (n) the freedom of the Property, including all <br />improvements located thereon. Eom vices or defects, (o) the freedom of the property from <br />either latent or apparent defe~cts, (P) peaceable ~ossession of the Property, (q) <br />environmental matters of any kind or nature whatsoever relating to the property, including <br />all improvements located thereon, and (r) any other matter or matters of any nature or <br />kind whatsoever relating to the Property. <br /> <br /> 2. The Grantee hereby acknowledges and confirms that as a material and <br />integral consideration for the execution of this Deed without Warranty by the Grantor, the <br />Grantee waives and releases the Grantor from any and all claims and causes of action <br />that the Grantee may have or hereafter may be otherwise entitled to, based on (a) the <br />quality, nature, adequacy, and physical condition of the property, including, but not Ilmited <br />to, the structural elements, foundation, roof. appurtenances, access, landscaping, parking <br />facilities, and electrical, mechanical, HVAC, ptumbing, sewage, and utility systems, <br />facilities, and appliances, (b) the quatity, nature, adequacy, and physical condition of <br />soils, geology, and any groundwater, (c) the existence, quality, nature, adequacy, and <br />physical condition of utilities serving the property. (d) the development potential, income <br />potsntial, or operating expenses of the Property, (e) the Prepert3/s value, use, habitability. <br />or merchantability, (f~ the fitness, suitability, or adequacy of the Property for any particular <br />use or purpose, (g) the zoning or other legal status of the property or any other public or <br />private restrictions on the use of the Property, (h) the compliance of the Property or its <br />operation with all Laws of any governmental or quasi-governmental entity or of any other <br />person or entity, including, without limitation, the Environmental Laws (as hereinafter <br />defined), (i) the presence of Hazardous Materials (as hereinafter defined) on, under, or <br />about the Property or the adjoining or neighboring property, (J) the quality of any labor and <br />materials used in any improvements included in the Property, (k) the title to the Property, <br />(I) any leases, se[vice contracts, or other agreements affecting the Property, (m) the <br />economics of the operation of the Property, (n) the freedom of the property, including all <br />improvements located thereon, Eom vices or defects, (o) the freedom of the Property from <br />either latent or apparent defects, (P) peaceable possession of the property. (q) <br />environmental matters of any kind or nature whatsoever relating to the Property, including <br />all improvements located thereon, and (r) any other matter or matters of any nature or <br /> <br />- 3- <br /> <br /> <br />