2017-09-28_REVISION - M1981185 (136)

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Order No. LP21601268 Policy No. OP -6-5246361 Page 4 of 5 SCHEDULE B EXCEPTIONS This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land surrey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Note: Real estate taxes for the year 2015 are paid. Real estate taxes for the year 2016 are not yet due or payable. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) ditches and ditch rights; water rights, claims or title to water; (d) all interest in oil, gas, coal and other mineral rights severed by predecessors in Title and any and all assignments thereof or interests therein; whether or not the matters excepted under (a), (b), (c) or (d) are shown by the Public Records. 7. Subject to the conditions and stipulations stated in the patents for Survey Nos. 10978, 16985, and 20171. The corresponding patents are on record in the Bureau of Land Management Office but were not recorded in La Plata County. (Tract 1) 8. Subject to the conditions and stipulations stated in the patent recorded October 23, 1899 in Book 38 at Page 47. (Tract II) 9. The provisions and reservations contained in the patent from the United States of America of record, as follows: FIRST: That the premises hereby granted shall be held subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local laws, customs and decision of the courts. And there is reserved from the lands hereby granted a right of way thereon for ditches or canals constructed by the authority of the United States. SECOND: That in the absence of necessary legislation by Congress, the Legislature of Colorado may provided rules of working the mining claim or premises hereby granted, involving easements, drainage and other necessary means to its complete development.