Common use of EXCEPTIONS TO CONVEYANCE AND WARRANTY Clause in Contracts

EXCEPTIONS TO CONVEYANCE AND WARRANTY. Those encumbrances and exceptions set forth on Exhibit B attached hereto and made a part hereof for all purposes. KNOW ALL MEN BY THESE PRESENTS THAT GRANTOR, for the Consideration and other good and valuable considerations to it in hand paid by GRANTEE, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY unto Grantee, subject to the exceptions, reservations and other matters herein set forth, the Property together with (i) all buildings, improvements, fixtures, located on, attached to, or used in connection with the Property, if any, (ii) all rights, privileges and appurtenances pertaining thereto, including any right, title, and interest of Grantor in and to adjacent streets, alleys, and rights-of-way, (iii) Grantor’s interest in and to all licenses and permits with respect to the Property, (iv) Grantor’s interest in all third party warranties or guaranties, if transferrable, relating to the Property, (v) all easements and appurtenances thereon or appertaining to such real property, (vi) all right, title and interest of Grantor in and to all strips and gores (including land adjacent to said real property) and any land lying in the bed of any street, road or alley, open or proposed, adjoining such real property (said land, improvements, easements and appurtenances being referred to collectively as the “Property”). Notwithstanding anything contained herein to the contrary, with respect to the rights and interests set forth in (iii), (iv) and (vi) above, Grantor is granting, selling and conveying Grantor’s right, title and interest in the same, if any, without warranty (whether statutory, express or implied). TO HAVE AND TO HOLD, subject to the Permitted Exceptions (as defined below), the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, Grantee’s heirs, executors, administrators, successors and assigns, forever; and Grantor, does hereby bind itself, its heirs, successors and assigns, to WARRANT AND FOREVER DEFEND, all and singular, subject to the Permitted Exceptions, the Property unto the Grantee, Grantee’s heirs, executors, administrators, successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof by, through or under Grantor, but not otherwise. This conveyance is made and accepted subject and subordinate to the Exceptions to Conveyance and Warranty attached hereto and made a part hereof for all purposes (the “Permitted Exceptions”). Taxes for the current year 2011 have been prorated and are assumed by Grantee. When the context requires, singular nouns and pronouns include the plural. MAIN STREET BANK By: Name: Title: STATE OF § § COUNTY OF § This instrument was acknowledged before me on , 2011, by [Name], the [Title] of Main Street Bank. Notary Public, State of Texas Printed Name of Notary [seal] AFTER RECORDING RETURN TO: ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ THIS ASSIGNMENT AND ASSUMPTION OF LEASE (this “Assignment”) is made and entered into this , 2011, but effective as hereinafter provided, by and between Main Street Bank (“Assignor”) and Green Bank, National Association (“Assignee”).

EXCEPTIONS TO CONVEYANCE AND WARRANTY. Those encumbrances and exceptions set forth on Exhibit B attached hereto and made a part hereof for all purposes. KNOW ALL MEN BY THESE PRESENTS THAT GRANTOR, for the Consideration and other good and valuable considerations to it in hand paid by GRANTEE, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY unto Grantee, subject to the exceptions, reservations and other matters herein set forth, the Property together with (i) all buildings, improvements, fixtures, located on, attached to, or used in connection with the Property, if any, (ii) all rights, privileges and appurtenances pertaining thereto, including any right, title, and interest of Grantor in and to adjacent streets, alleys, and rights-of-way, (iii) Grantor’s interest in and to all licenses and permits with respect to the Property, (iv) Grantor’s interest in all third party warranties or guaranties, if transferrable, relating to the Property, (v) all easements and appurtenances thereon or appertaining to such real property, (vi) all right, title and interest of Grantor in and to all strips and gores (including land adjacent to said real property) and any land lying in the bed of any street, road or alley, open or proposed, adjoining such real property (said land, improvements, easements and appurtenances being referred to collectively as the “Property”). Notwithstanding anything contained herein to the contrary, with respect to the rights and interests set forth in (iii), (iv) and (vi) above, Grantor is granting, selling and conveying Grantor’s right, title and interest in the same, if any, without warranty (whether statutory, express or implied). TO HAVE AND TO HOLD, subject to the Permitted Exceptions (as defined below), the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, Grantee’s heirs, executors, administrators, successors and assigns, forever; and Grantor, does hereby bind itself, its heirs, successors and assigns, to WARRANT AND FOREVER DEFEND, all and singular, subject to the Permitted Exceptions, the Property unto the Grantee, Grantee’s heirs, executors, administrators, successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof by, through or under Grantor, but not otherwise. This conveyance is made and accepted subject and subordinate to the Exceptions to Conveyance and Warranty attached hereto and made a part hereof for all purposes (the “Permitted Exceptions”). Taxes for the current year 2011 have been prorated and are assumed by Grantee. When the context requires, singular nouns and pronouns include the plural. MAIN STREET BANK By: Name: Title: STATE OF § § COUNTY OF § This instrument was acknowledged before me on , 2011, by [Name], the [Title] of Main Street Bank. Notary Public, State of Texas Printed Name of Notary [seal] AFTER RECORDING RETURN TO: ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇Suite 3700 Houston, ▇▇▇▇▇ ▇▇▇▇▇ Texas 77002 THIS ASSIGNMENT AND ASSUMPTION OF LEASE (this “Assignment”) is made and entered into this , 2011, but effective as hereinafter provided, by and between Main Street Bank (“Assignor”) and Green Bank, National Association (“Assignee”).