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a t <br /> sell and convey unto the Grantee, its successors and assigns, for roadway purposes, in <br /> fee simple, forever, the following real property: <br /> All of that certain piece or parcel of land situate at Waikoloa, District <br /> of South Kohala, Island, County and State of Hawaii, more particularly <br /> described in Exhibit "A" attached hereto and made a part hereof by <br /> reference, subject to any encumbrances hereinabove or hereinafter <br /> mentioned. <br /> Being a portion of the premises conveyed to the Grantor herein by <br /> Deed dated June 22, 2001, and recorded with the Bureau of Conveyances <br /> of the State of Hawaii as Document No. 2001-095348. <br /> And the reversions, remainders, rents, issues and profits thereof and all of the <br /> estate, right, title and interest of the Grantor, both at law and in equity, therein and <br /> thereto. <br /> TO HAVE AND TO HOLD the same, together with all rights, improvements, <br /> easements, privileges and appurtenances thereunto belonging or in anywise <br /> appertaining, or held and enjoyed therewith, unto the Grantee, its successors and <br /> assigns, in fee simple, forever, subject to any encumbrances hereinabove or hereinafter <br /> mentioned. <br /> AND the Grantor, for itself, its successors and assigns, does hereby covenant <br /> with the Grantee, its successors and assigns, that it is seised in fee simple of the <br /> above-described premises; that the same is free and clear of and from all <br /> encumbrances made or suffered by the Grantor other than those hereinabove or <br /> hereinafter mentioned, and real property taxes for the current year not yet by law <br /> required to be paid; that it has good right to sell and convey the same as aforesaid; and <br /> that it will WARRANT AND DEFEND title to the same unto the Grantee against the <br /> -2- <br />