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<br /> Mar-19-05 14:OT From-OOODSILL ANDERSON +9096416880 T-904 P.ia/9' F~-oos <br /> AND the Grantee is hereby advised that no representa- <br /> tion or warranty has been or are made by the Grantoz or any <br /> other person with regard to the continuing ownership or opera- <br /> tion 4z the Golf Club. Further, the Grantee acknowledges that <br /> the ownership and/or operation of the Golf Club may change at <br /> any time and from time to time by virtue of but without limita- <br /> tlOn, (a) the sale to or assumption of operations of the Golf <br /> Club by an indop¢ndent entity; (b) Cho conversion o£ the Ge1f <br /> Club membership structure to an "equity's club or similar <br /> arrangamenC whereby the Golf Club or the rights to operate it <br /> nre transferred-to an entity which~.is ownQa or controlled by <br /> its members; OY (C) the transfer of ewri®rship or control of the <br /> Golf Club La one or more affiliates, shareholders, employerts or <br /> independent contractors of the 4rantor. No consent by the <br /> Grantee shall be required to effectuate such transfer or <br /> conveY810n, <br /> AND the Grantee Hereby further acknowledges that the <br /> Grantor, its successors and assigns, as thQ owner and operator <br /> of the Golf club, mikes no guarantee or representation that any <br /> view over or aCr OSS the Golf Club Property from the granted <br /> premises will be preserved without Impairment. Grantor, its <br /> successors and assigns, as owner and/or operator of the Golf <br /> club, has no obligation to prune or Chin trees ar other land- <br /> scaping, and has the right, in its sole and Absolute dlscre- <br /> tian, to add tress and other landscaping to the Golf club <br /> property from time to time. In addition the Grantor, its <br /> successorffi and assigns, as the owner and operator of the Golf <br /> Club, may in Its sole and absolute discretion Change from time <br /> to time the looation, configuration, size and elevation of the <br /> tees, bunkers, fairways and greens of the Golf Club, the <br /> Grantee acknowledging that any such additions or changes to the <br /> Golf club property may diminish or obstruct any view from the <br /> granted premises, and that the Grantee shall not be entitla8 to <br /> any express or implied easement for view purposes or for the <br /> passage of light and air aver or across the Golf Club property, <br /> AND the Grantee, for the Grantns and the Grantee's <br /> heirs, devisees, personal rapresentat i_ves, successors and <br /> assigns, acknowledges that the granted premises are subject to <br /> Sate Restriction Easement and hereby covenants and <br /> agrees that said Site RestYlctlon £asefient shall at all <br /> times ba maintained to preservo the view plane across the site <br /> Restriction Easement for traffic purposes along <br /> and Roads, The Grantee, for the Grantee anc~-~- <br /> the Grence <br /> e'°_ h~ <br /> rs; dsvy~ee3, personal represeq~~tSves, sue- <br /> cessors an? assigns, further Covenants and agrees that, except <br /> as otherwise spzcifically aPAroved by the County of Hawaii <br /> Department of PcA1ie works, said Site Restr=ction Casement I <br /> shall be improved only with landscaping and fences and hedges <br /> not exceeding ttirty-six inches (36") in height. The provi- <br /> sions of this paragraph sha17. be binding upon Grantee and <br /> a <br /> <br />