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4136895 08/26/2015 03:46 PM <br /> Page 30 of 34 <br /> NOTE: The following notices pursuant to CRS 24-65.5-103 have been filed and do not create an <br /> interest in the land, but may require notice to the holder of an interest described by one of the <br /> specific exceptions listed above. <br /> (a)Notice of Oil and Gas Interests and Surface Use recorded December 18,2000 at Reception <br /> No. 2813676. <br /> (b) Request For Notification of Surface Development recorded May 17,2013 at Reception No. <br /> 3932994. <br /> The following exceptions relate to Everist No.3 Pit Parcel (D-9). <br /> 1. [Intentionally deleted.] <br /> 2. Right of way for county roads 30 feet wide on either side of section and township lines,as <br /> established by the Board of County Commissioners for Weld County,recorded October 14, 1889, <br /> in Book 86 at Page 273. <br /> 3. Right of Way granted to the Colorado Central Power Company recorded July 30, 1940 in Book <br /> 1066 at Page 302. <br /> 4. An oil,gas and mineral lease, executed by Orian Buster Ewing a/k/a Orian B. Ewing as lessor and <br /> Rodney P.Calvin as lessee, recorded December 1, 1970 in hook 636 at Reception No. 1558198 <br /> and any and all assignments thereof, or interests therein. <br /> Amendment recorded October 20, 1972 in Book 678 at Reception No. 1599981. <br /> 5. Correction Mineral Deed by and between The Great Western Railway Company and Amoco <br /> Production Company recorded December 13,1972 in Book 682 at Retention No 1603542 and <br /> recorded December 13, 1972 in Book 682 at Reception No. 1603543.The Company makes no <br /> representation as to the present ownership of any such interests. There may be leases,grants, <br /> exceptions or reservations of interests that are not listed. <br /> 6. rintentionally deleted.] <br /> 7. (intentionaIly deleted.] <br /> 8. Notes,statements,easements and rights-of-way as shown on map of Recorded Exemption No. <br /> 1311-25-3-RE1406 recorded May 27, 1992 at Reception No. 2289234. <br /> 9. Reservation of all oil,gas, hydrocarbons and other minerals not previously reserved in the <br /> instrument recorded March 6, 1995 at Receotion No.2428897,together with the appurtenant <br /> kes no representation as to the present ownership of <br /> rights to use the surface. The Company ma <br /> r reservations of interests That are <br /> any such interests. There may be leases,grants,exceptions o <br /> not listed. <br /> 10. [Intentionally deleted.] <br /> 11. Easement, Right of Way and Surface Use Agreement recorded April 24,2002 at Reception moo. <br /> 2945S66. <br /> 12. [Intentionally deleted.] <br /> Everist-Aurora—Exhibit 5 <br /> Page 12 of 16 <br />