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operation of investigating, exploring, prospecting or mining for or storing or transporting said <br />minerals or any of them, shall be conducted or placed upon the Property. <br /> <br /> Grantee, for itself, its successors and assigns, agrees that upon request by Grantor, <br />its successors and assigns, for emergency access to its adjacent railroad right-of-way, Grantee <br />shall close the easterly lane of Post Road that is located within the property to allow such access. <br /> <br /> TO HAVE AND TO HOLD the same, together with all rights and appurtenances <br />to the same belonging unto said Grantee, its successors and assigns, forever, without any <br />warranty, express or implied, including, without limitation, any warranty or covenant implied <br />under the provisions of Section 5.023 of the Texas Property Code, which provisions are hereby <br />expressly waived by Grantee. <br /> <br /> IN WITNESS WHEREOF, the Grantor has duly executed this instrument this <br />__ day of ., 2004. <br /> <br />Attest: <br /> <br />UNION PACIFIC RAILROAD COMPANY, <br />a Delaware corporation <br /> <br />Assistant Secretary <br /> <br />By: <br /> <br />Title: General Manager - Real Estate <br /> <br />(Seal) <br /> <br />2 <br /> <br /> <br />