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<br /> f4ar-13-05 14:07 Fram-GOODSILL ANDERSON +8005475800 T-004 v 10/37 F-005
<br /> South Sohala, Taland and County of Hawaii, State of Hawaii,
<br /> which property 18 more particularly 6eseribed in Exhibit A
<br /> attached hereto and made a part heleaf;
<br /> TO HAVE AND TO HOLD the same, together with the
<br /> rents, 165LQ5 and profits thereof, the improvements thereon,
<br /> and the tenements, rights, easements, privileges and appur-
<br /> tenances thereunto belori9 ox appertaining or held and enjoyed
<br /> therewith unto the Grantee as aforesaid, forever.
<br /> AND the Granter does hereby for itsel# and its
<br /> successors, covenant With the Grantee and the Grantee's heirs,
<br /> devisees, personal repr4iaeNtatives, successors and assigns,
<br /> LhaL it is lawfully oeiaed in tee simple of the aaifl granted
<br /> premieas and has good right to sell and convey tho same in the
<br /> manner aforesaid; that said Premises are free and clear of all
<br /> encumbrances, except as hezein set forth and except foY aeeees-
<br /> ments and real property taxes for the current year which are to
<br /> be prorated as of the date of delivery hereof; and that St wlll
<br /> and its successors shall WARRANT AND DEFEND the same unto tT.e
<br /> Grantee and the Grantee's heirs, devisees, personal represerta-
<br /> tives, successors and aaeigns, forever, against thfl lawful
<br /> claims and demands oP all persons, except as aforesaid.
<br /> ANA the Grantee does hereby, for the Grantee and th®
<br /> Grantee's heirs, devisees, personal representatives, sVCaessors
<br /> end assigns, accept and approve said Declaration of Protective
<br /> Covenants, Conditions and Restrictions for waikoloa Highlands
<br /> Golf Estates dated 19 referred to ,n
<br /> Exhibit A (the ^GOlf Estates Deciarat one'), and covenant a,~c.
<br /> agree, as a covenant running with the land, to pay all assess-
<br /> mancs as therein provided znd to observe and perform all of the
<br /> other terms and condition3 therein contained and to be observed
<br /> and performed by an Owner as therein definefl.
<br /> AND the Grantee doa6 hereby, for the Granted one the
<br /> Grantee's heirs, devisees, personal representatives, suaoeae~ors
<br /> and assigns, concept and agree to the grant by the Grantor, its
<br /> successors or assigns, to the State of Hawaii, the County of
<br /> Hawaii, the waikoloa Highlands Golf Estates Association, the
<br /> owners o4 lots subject to the Golf EStatas Declaration, as now
<br /> or hakes#ter amended and supplemented, any appropriate govern-
<br /> mental agency, public utility or private utility, and/or en.~
<br /> other corporation, partnership or individual, of easement
<br /> rights as resezved and provided in Exhibit A, and the Grantee
<br /> does hereby, for Use Grantee and the Grantee's heirs, devio rc~,
<br /> personal representatives and assigns, further agree (a) or.
<br /> request to join in and to Confirm any such grant of easemer.-
<br /> and to execute any and all documents granting any such ease-
<br /> fi ant, (b) to pert orm and t9 carry out at '_tS Or Chair expense,
<br /> or to cause thm waikoloa Highlands Golf Estates Association to
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