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.' , " " 200809099 6. Temporary Easement No. DACA45-2-04-6021 granted to DTE Rail Services, Inc., for a nonexclusive easement and right-of-way for the operation, repair, maintenance and replacement of certain grantee-owned railroad and spur tracks for the period 1 April 2004 through 31 December 2008. b. Any zoning laws, ordinances, or regulations governing the subject property or regulations of other regulatory authorities having jurisdiction. c. Matters which would be disclosed by a careful physical inspection of the property or the property records and by a properly conducted survey of the property. d. Any survey discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or protrusions, or any overlapping of improvements which may affect the property. e. All existing interest(s) reserved to or outstanding in third parties in and to coal, oil, gas, and/or minerals. f. All other existing interests reserved by any original Grantor(s) in chain of title unto said Grantor(s), their respective successors and assigns, which affect any portion of the property interest( s) hereinabove described. g. Installation Commander agreements, whether or not of record or otherwise approved in writing by Grantee. VI. MISCELLANEOUS GRANTEE COVENANTS Grantee covenants for itself, and its successors or assigns, and every successor in interest in the Property, to abide with each of the agreements and covenants running with the land described in Section IV of this Quitclaim Deed. In addition, Grantor and its successors and assigns shall be deemed a beneficiary of each of the following agreements and covenants without regard to whether it remains the owner of any land or interest therein in the locality of the Property hereby conveyed and shall have a right to enforce each of the following agreements and covenants in any court of competent jurisdiction. Notwithstanding the foregoing, Grantor and its assigns shall have no affirmative duty to any successor in title to this conveyance to enforce any of the following agreements and covenants. a. It is understood and agreed by Grantee, for itself and its successors and assigns that except for warranties, responsibilities and agreements of Grantor specifically set forth herein, the Property is conveyed "as is" and "where is" without any representation or warranty on the part of Grantor to make any alterations, repairs or additions. Grantor shall not be liable for any latent or patent defects in the Property. Grantee, for itself and its successors and assigns, acknowledges that Grantor has made no representations or warranty concerning the condition and state of repair of the Property nor any agreement or promise to alter, improve, adapt or repair the Property. 8