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THIS DEED, made this 14th day of Apri 1 , X004, by
<br /> CLEARLY WAIKOLOA LIMITED LIABILITY COMPANY, a Hawaii limited liability
<br /> company, whose principal place of business and mailing address is 500 Ala Kawa Street,
<br /> Building Z 14-A, Honolulu, Hawaii 96817, as grantor (hereinafrer called "Grantor"), and the
<br /> COUNTY OF HAWAII, a political subdivision of the State of Hawaii, whose principal place of
<br /> business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, as grantee (hereinafrer
<br /> called "Grantee"),
<br /> WITNESSETH:
<br /> That in consideration of the sum of ONE DOLLAR (S 1.00) and other valuable
<br /> consideration paid by Grantee, the receipt of which is hereby acknowledged, Grantor does hereby
<br /> grant, dedicate and convey unto Grantee, its successors and assigns, forever, the real propery
<br /> described in Exhibit A attached hereto and made part hereof by reference.
<br /> TOGETHER with the reversions, remainders, rents, issues and profits thereof, and
<br /> all rights, easements, privileges and appurtenances thereunto belonging or appertaining, and all
<br /> of the estate, right, title and interest of Grantor, both at law and in equity, therein and thereto.
<br /> TO HAVE AND TO HOLD the same, unto Grantee, for the purpose of roadway
<br /> use, forever.
<br /> AND, in consideration of the premises, Grantor does hereby covenant with
<br /> Grantee that Grantor is seised of the property herein described in fee simple; that said property is
<br /> free and clear of and from all liens and encumbrances, except as may herein specifically be set
<br /> forth; that Grantor has good right to sell and convey said property, as aforesaid; and that Grantor
<br /> will WARRANT AND DEFEND the same unto Grantee against the lawful claims and demands
<br /> of all persons, except as aforesaid.
<br /> The rights and obligations of Grantor and Grantee shall be binding upon and inure
<br /> to the benefit of their respective estate, heirs, personal representatives, successors, successors in
<br /> trust and assigns. All obligations undertaken by two or more persons shall be deemed to be joint
<br /> and several unless a contrary intention shall be clearly expressed elsewhere herein.
<br /> The conveyance herein set forth and the warranties of Gran[or concerning the
<br /> same are expressly declared to be in favor of Grantee, its successors and assigns.
<br /> The term "Grantor" and "Grantee", as and when used herein, or any pronouns used
<br /> in place thereof, shall mean and include the rnasculine or feminine, the singular or plural number,
<br /> individuals or corporations, and their and each of their respective successors, heirs, personal
<br /> representatives and assigns, according to the context thereof. ifthese presents shall be signed by
<br /> two or more grantors, all covenants of such parties shall for all purposes be joint and several.
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<br /> 77136.] ~
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