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DF.DiCATiON DEED <br /> KNOW ALL MEN BY THESE PRESENTS THAT WESTPAC DEVELOPMENT <br /> <br /> VENTURE, a Hawaii limited partnership, whose principal place of business and mailing address <br /> <br /> is Pacific Tower, Suite 1500, 1001 Bishop Street, Honolulu, Hawaii 96813, hereinafter called the <br /> GRANTOR, for and in consideration of the sum of TEN AND NO/100 DOLLARS (SI0.00) and <br /> other valuable consideration to it paid by the COUNTY OF HAWAII, a municipal Hawaii <br /> corporation, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii <br /> 96720, hereinafter called the GRANTEE, the receipt whereof is hereby acknowledged, does hereby <br /> grant and convey unto the said Grantee, its legal successors and assigns, for roadway purposes, the <br /> following described property: <br /> That certain parcel known as Lot 8-A-3, being portions of Lot 8-A, Royal <br /> Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams, and Royal <br /> Patent 7819, Land Commission Award 8559-B, Apana 8 to William C. Lunalilo, <br /> situated along the easterly side of Alii Drive at Puapua'a 1st and Puapua'a 2nd, <br /> North Kona, Island and County of Hawaii, State of Hawaii, as more particularly <br /> descn'bed in Exhibit A and depicted in Exhibit B attached hereto and made a part <br /> hereof, subject to the encumbrances noted therein. <br /> TO HAVE AND TO HOLD the same unto the said Grantee, its legal successors <br /> and assigns, in fee simple forever. <br /> And the Grantor, for itself, its successors and assigns, hereby covenants and agrees <br /> to and with the Grantee that upon the execution of this conveyance it is seised of said property in <br /> an estate in fee simple, and that the same is free and clear of all encumbrances, except as aforesaid, <br /> and said Grantor further covenants and agrees that it will warcant and defend the fee simple title <br /> conveyed and intended to be conveyed against the lawful claims of all persons. <br /> 2 <br /> 2000691 1.037114• I <br /> <br />