|
<br />from coal, and gases associated with coal), lignite, iron, uranium,
<br />sand, gravel, basalt, caliche, and any and all other mined or
<br />extracted substances, except water.
<br />IV.
<br />MISCELLANEOUS
<br />1. The purpose of .this Indenture is to transfer unto and
<br />vest is the Grantee all the rights, titles and interests of the Grantor
<br />respecting the Coal Properties and the SPS Contract to the full extent
<br />and with the same effect, after giving effect hereto, as the Grantor
<br />owns, possesses, controls, leases or otherwise has rights with respect
<br />to prior to the consummation of the transaction contemplated hereby.
<br />2. The Grantor makes no warranties or representations,
<br />either express or implied, as to title of the property transferred unto
<br />the Grantee pursuant to this Indenture.
<br />3. THE PROPERTIES TRANSFERRED UNTO THE GRANTEE
<br />PURSUANT TO THIS INDENTLTFt^ ARE BEING '£'RANSFERRED ON AN
<br />• "AS IS", "WHERE IS" CONDITION AND, OTHER THAN AS EXPRESSLY
<br />PROVIDED HEREIN, ARE BEING TRANSFERRED WITHOUT ANY
<br />REPRESENTATIONS, OBLIGATIONS OR WARRANTIES WHATSOEVER,
<br />WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LINIITATION
<br />ANY WARRANTY, OBLIGATION OR LIABILITY OF THE GRANTOR
<br />WITH RESPECT TO FITNESS, MERCHANTABILITY OR
<br />CONSEQUENTIAL DAMAGES, WHETHER OR NOT OCCASIONED BY THE
<br />FAULT OR NEGLIGENCE OF THE GRANTOR.
<br />4. The Grantee assumes personal liability for only those
<br />liabilities or obligations, recorded or unrecorded, with respect to the
<br />existing liens, claims, easements, royalties, encumbrances and adverse
<br />interests to which the Coal Properties are subject as of the date hereof
<br />as are set forth as follows:
<br />(a) Assignment of Overriding Royalty
<br />Interest, dated February 10, 1977, from
<br />Groves/Calder Joint Venture, as
<br />Grantor, to Jelea and Son, Inc. , as
<br />Grantee;
<br />(b) Purchase and Sale Agreement, dated
<br />January 1, 1978, between Donn A.
<br />Calder, "illiam E. Canto, and Calder &
<br />• Company;
<br />(c) Security Agreement, dated March 1,
<br />1978, from Calder & Company, M.H.R.,
<br />
|