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899496 11/03/2017 011415 PM Page 4 of 44 <br /> Jean Alberico, Garfield County, Colorado <br /> Rec Fee: $228.00 Doc Fee: $0.00 eRecorded <br /> reasonably cooperate with any attempt by Assignor to cure any such Title <br /> Defect in respect of the special warranty of title under this Assignment. <br /> (ii) For purposes of Assignor's special warranty of title under this <br /> Assignment, Assignee's protection is limited to the Allocated Value of the <br /> applicable Property. Breaches of Assignor's special warranty of title <br /> under this Assignment are not subject to the Individual Title Threshold <br /> and will not be applied against the Aggregate Deductible. Assignor is <br /> entitled to offset any amount owed by Assignor for a breach of its special <br /> warranty of title under this Assignment with respect to a Property by the <br /> amount of any Title Benefits with respect to such Property that such <br /> Assignor or Assignee uncovers prior to or while attempting to cure <br /> Assignor's alleged breach of its special warranty of title under this <br /> Assignment. <br /> (iii) Assignor's special warranty of title in this Assignment shall not apply to, <br /> and Assignee will have no right to recovery in respect of such special <br /> warranty of title, for any breach of Assignor's special warranty under this <br /> Assignment for any Title Defect which was identified by Assignee prior to <br /> the end of the Examination Period(as defined in the Purchase Agreement), <br /> or claimed or otherwise set forth in the Defect Notice (as defined in the <br /> Purchase Agreement). <br /> 3.2 Subrogation. <br /> Assignor hereby transfers and assigns unto Assignee (and all of Assignee's successors <br /> and assigns) all of its right, title and interest under and by virtue of all warranties <br /> pertaining to the Second Closing Assets, express or implied (including, without <br /> limitation, title warranties and manufacturers', suppliers' and contractors' warranties), <br /> that have heretofore been made by any of Assignor's predecessors in title or by any Third <br /> Parry manufacturers, suppliers and contractors. This Assignment is made with full <br /> substitution and subrogation in and to all of the warranties that Assignor has or may have <br /> against predecessors in title and with full subrogation of all rights accruing under the <br /> applicable statutes of limitations and all rights and actions of warranty against all former <br /> owners of the Firs Closing Assets. <br /> 3.3 Waivers and Disclaimers. <br /> (a) Title Matters. <br /> The only representations, warranties, or covenants being made by Assignor with <br /> respect to Assignor's title to the Second Closing Assets are in Section 3.1 of this <br /> Assignment and in the Purchase Agreement, and all other representations, <br /> warranties, or covenants of title of any kind or nature, either express, implied, or <br /> statutory, are hereby expressly waived, disclaimed and negated in their entirety; <br /> provided, however, nothing in this Section 3.3(a) shall operate to waive <br /> 4 <br />