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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALi: OF THE FOLLOWING INFORMATION FROM
THIS INSTRUMENT BEFORE IT IS"FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER. OR YOUR DRIVER'S LICENSE
NUMBER. .
SPECIAL WARRANTY DEED
‘THE STATE OF TEXAS: . :§,
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS. §
HMK, Ltd. a Texas Limited Partnership, of Dallas County, Texas ("Grantor"),
for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and
other good and valuable non-monetary consideration in the form of the Additional
Consideration (defined below) paid by ROBERTO ROSABEL BARAHONA SOSA
(°Grantee”) having an address of 1853 DULUTH STREET DALLAS TEXAS 75212, the
receipt and sufficiency of which are hereby acknowledged and confessed, subject to
the exceptions, liens, encumbrances, terms and provisions hereinafter set forth and
described, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these
presents does hereby GRANT, BARGAIN, SELL and CONVEY, unto Grantee that
certain lot, tract or parcel of land situated in Dallas ‘County, Texas, known as 1853
DULUTH STREET DALLAS TEXAS 75212 Dallas County Texas and being more
particularly described in Exhibit "A" attached hereto and incorporated herein by
reference for all purposes plus all of Grantor's right, title and interest in and to (i)
all improvements and related amenities iocated in and on such real property, (ii)
easements, if any, benefiting such real property, and (iii) appurtenances, if any,
pertaining to such real property, including any right, title and interest of Grantor in
and to: (a) water wells and any other permits for utilities, drainage and detention
rights which serve or whici will serve the land and improvements now or hereafter
constructed ‘thereon; (b) any architectural plans and specifications, surveys,
engineering, soils, seismic; geological and environmental reports, studies,
certificates and other technical descriptions applicable to the land and/or
improvements;(c) any warranties, guaranties, indemrities, claims and causes of
action, to the extent applicable to the land and/or improvements; (d) any licenses,
permits, governmental approvals, utility commitments, utility _ rights,
reimbursement rights, development rights or other similar rights; any rights to
credits, refunds, and reimbursements including without limitation any credits
against, or right to pay reduced application fees, permit fees, inspection fees or
impact fees applicabie to the land; (f) any rights under zoning cases, preliminary
plans, plats, and other development applications and approvals; and (g) all other
development rights, powers, privileges, options, or other benefits associated with,
that-pertain to, are attributable to, are appurtenant to, apply to, or which otherwise
directly benefit the land (collectively, the "Property").
The "Additional Consideration” for this transfer includes:Grantee's use of the Property as rentsi property with leases in place, tenants
in possession, assignment of leases and rents.
This Private Transfer Agreement is made and accepted expressly subject to
the matters set forth on Exhibit B attacied hereto aid made a part hereof for all purposes and
subject to the lien for all ad valorem. taxes arising after the date hereof the payment of which
Grantee hereby assumes (collectively, the "Permitted Encumbrances")
TO HAVE AND TO HOLD thé’ Property, subject to the Permitted Encumbrances,
together with all and singular the rights and appurtenances belonging in any way to the
Property, unto the said Grantee, its successors and assigns forever, and Grantor binds itself
and its successors and assigns to warrant and forever defend all and singular the Property,
subject to the Permitted Encumbrances, to Grantee, its successors and assigns against every
person lawfully claiming or to claim all or any part of the Property, by, through, or under Grantor,
but not otherwise.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES BY GRANTOR.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SPECIAL WARRANTY DEED,
GRANTOR HAS NOT MADE AND IS NOT NOW MAKING, AND GRANTOR SPECIFICALLY
DISCLAIMS AND GRANTEE WAIVES, ANY WARRANTIES, REPRESENTATIONS OR
GUARANTIES OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, ORAL OR
WRITTEN, PAST, PRESENT, OR FUTURE, WITH RESPECT TO THE PROPERTY,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES, REPRESENTATIONS OR GUARANTIES,
AS TO (\) MATTERS OF TITLE (OTHER THAN GRANTOR'S WARRANTY OF TITLE SET
FORTH IN THIS SPECIAL WARRANTY DEED).
SALE."AS IS", GRANTEE HAS NOT RELIED UPON AND WILL NOT RELY UPON,
EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY OF
GRANTOR OR ANY OF ITS AGENTS AND ACKNOWLEDGES THAT NO SUCH
REPRESENTATIONS HAVE BEEN MADE. GRANTEE REPRESENTS THAT IT IS A
KNOWLEDGEABLE, EXPERIENCED AND SOPHISTICATED Buyer OF REAL ESTATE AND
THAT IT IS RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF GRANTEE'S
CONSU LTANTS IN PURCHASING THE PROPERTY. GRANTEE HAS CONDUCTED SUCH
INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY AS GRANTEE DEEMED
NECESSARY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL
CONDITIONS THEREOF AND HEREBY RELIES UPON SAME. GRANTEE HEREBY
ASSUMES. THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO,
ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN
REVEALED BY,GRANTEE'S. INSPECTIONS AND INVESTIGATIONS AND HEREBY WAIVES.
ANY CLAIM GRANTEE MAY HAVE, NOW OR IN THE FUTURE, IN CONNECTION WITH ANY
SUCH ADVERSE MATTERS, INCLUDING, WITHOUT LIMITATION, ANY RIGHT OF
CONTRIBUTION. GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTOR IS
‘SELLING AND CONVEYING TO GRANTEE AND GRANTEE ACCEPTS THE PROPERTY "AS
IS, WHERE IS,” WITH ALL FAULTS. GRANTEE FURTHER ACKNOWLEDGES AND AGREES
THAT THERE ARE NO. ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS,
COLLATERAL TO OR AFFECTING THE PROPERTY BY GRANTOR, ANY AGENT OF
GRANTOR OR ANY THIRD. PARTY. GRANTOR IS NOT LIABLE OR BOUND IN ANY
MANNER BY ANY ORAL OR, WRITTEN STATEMENTS, REPRESENTATIONS, ORINFORMATION PERTAINING TO -THE-PROPERTY FURNISHED BY ANY REAL ESTATE
BROKER, AGENT, EMPLOYEE, SERVANT; OR OTHER PERSON, UNLESS THE SAME ARE
SPECIFICALLY SET FORTH OR REFERRED TO HEREIN. GRANTEE ACKNOWLEDGES
THAT THE PURCHASE PRICE REFLECTS THE "AS IS" NATURE OF THIS SALE AND ANY
FAULTS, LIABILITIES, DEFECTS OR OTHER ADVERSE MATTERS THAT MAY BE
ASSOCIATED WITH THE PROPERTY. GRANTEE HEREBY EXPRESSLY WAIVES ANY
CLAIM OF FRAUDULENT INDUCEMENT. GRANTEE HAS FULLY REVIEWED THE
DISCLAIMERS, ASSUMPTIONS, AND WAIVERS SET FORTH IN THIS SPECIAL WARRANTY
DEED WITH ITS COUNSEL AND UNDERSTANDS THE SIGNIFICANCE AND EFFECT
THEREOF.’ GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT THE
PROVISIONS OF THIS SPECIAL WARRANTY DEED ARE AN INTEGRAL AND MATERIAL
PART OF THIS CONVEYANCE AND THAT GRANTOR WOULD NOT HAVE AGREED TO
SELL THE PROPERTY TO GRANTEE FOR THE AGREED UPON PURCHASE PRICE
WITHOUT SUCH PROVISIONS.
IN WITNESS WHEREOF, Grantor has executed this Private Transfer Agreement (Sale
by Special Warranty Deed) to be effective as of OCTOBER 12, 2017.
GRANTEE, BY ITS ACCEPTANCE HEREOF, ACKNOWLEDGES AND AGREES THAT
THE PROVISIONS OF THIS SPECIAL WARRANTY DEED WERE A MATERIAL FACTOR IN
‘THE DETERMINATION OF THE PURCHASE PRICE FOR THE PROPERTY.
:XECUTED and EFFECTIVE as of this OCTOBER 12, 2017
A Yexas Limi ip
By: Khraish H. Khraish
Managing member of KBL, LC
General Partner of HMK, Ltd.
THE STATE OF TEXAS
omm
COUNTY OF Dallas
This instrument was acknowledged before me on OCTOBER 12, 2017, by Khraish H.
Khraish, managing member of KBL, LC, as general partner of HMK, Ltd, a Texas Limited
Partnership
7 FRANGISCA M MARIN
[SEAL] Notary 10 # 125762566
‘My Commission Expires Notary Public in and for
4 uly 14,2018 the State of Texas
My Commission Expires: )-1 44.
—- Per.
Printed Name of Notary Public
Panuseme Magn
Real Estate Agreements Buyer initials PBGRANTEE'S ADDRESS FOR TAX NOTICES:
ROBERTO ROSABEL BARAHONA SOSA
1853 DULUTH STREET DALLAS TEXAS 75212
When recorded, return to:
ROBERTO ROSABEL BARAHONA SOSA
1853 DULUTH STREET DALLAS TEXAS 75212Exhibit A. -~
Legal Description of the Property
Tract: Lot F
All that certain Lot, Tract or Parcel of land situated in the County of
Dallas, State of Texas, and being part of College Campus of College
Park Addition to West Dallas, an addition in Dallas County, Texas,
according to the Map thereof recorded in Volume 84, Page 615 of the
Deed Records of Dallas County, Texas, and described by metes and
bounds as follows:
BEGINNING at a point 205 feet West of the Northwest interse:
Stanton (Schnider) Street and Sanger Avenue, said point being in
the N. Boundary line of said Stanton Avenue;
n of
THENCE West 40 feet to a point for corner in the North boundary
of said Stanton Avenue;
THENCE North 150 feet to a point for corner;
THENCE East 40 feet to a point for corner;
THENCE South 150 feet to the place of beginning, consisting of a lot
40 x 150 feet, fronting 50 feet on Schnider Street and being the
same property conveyed to the Grantor herein by Mildred Clark, a
widow, by deed dated October 8th, 1951, of record in the Deed
Records of Dallas County, Texas.
and known as
1853 DULUTH STREET DALLAS TEXAS 75212Exhibit B
Permitted Encumbrances
‘Any discrepancies, conflicts, ‘or shortages ‘in area or boundary lines, or any
‘encroachments or protrusions, or any overlapping of improvements
‘Standby fees, taxes and assessments by any taxing authority for the year 2016 and
subsequent years; and subsequent taxes and assessments by any taxing authority for prior
years due to change in land usage or ownership;
The terms and conditions of the documents creating your interest in the land.
Rights of parties in possession.
Any encroachment, restrictive covenant of record. encumbrance , violation, variation, or
adverse circumstance affecting the tile that would be disclosed by an accurate and complete
land survey of the Land.
‘The Temporary Injunction presently in force against Seller and The City of Dallas
46,00
er-
‘2nt700290416
— ae /