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U1/LU/ZUU9 TUE 16:1/ FAX Y/U+L4/ j1UU Shand Newbold Chapman <br />Order No. L-544743 <br />Sheet 4 of 6 <br />SCHEDULE B - SECTION 2 <br />EXCEPTIONS <br />Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: <br />Any facts, rights, interests or claims which are not shown by the public records, but which could be <br />ascertained by an inspection of the land or by making inquiry of persons in possession thereof. <br />2. Easements or claims of easements, not shown by the public records. <br />Im006/009 <br />Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a <br />correct survey and inspection of the land would disclose, and which are not shown by the public records. <br />4. Any lien, or right to a lien, for services, labor or materials heretofore or hereafter furnished, imposed by <br />law and not shown by the public records. In addition, any defects, liens, encumbrances, adverse claims or <br />other matters, if any, created, first appearing in the public records or attaching subsequent to the effective <br />date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or <br />mortgage thereon covered by this Commitment. <br />5. Any and all unpaid taxes, assessments and unredeemed tax sales. <br />6. Assessments, taxes, fees or charges arising pursuant to the inclusion of the land in one or more special <br />districts or municipalities. <br />7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the <br />issuance thereof; (c) ditches and ditch rights; water rights, claims or title to water; (d) all interest in oil, <br />gas, coal and other mineral rights severed by predecessors in title and any and all assignments thereof or <br />interests therein; whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public <br />records. <br />8. Right of way for ditches or canals constructed by the authority of the United States, and all coal, and the <br />right to prospect for, mine, and remove coal upon compliance with the conditions of and subject to the <br />limitations of the Act of December 29, 1916 (39 Stat., 862), as reserved in United States Patent of record. <br />9. Oil and Gas Lease between Southern Ute Tribe, Lessor(s), and Pubco Development Inc., Lessee(s), dated <br />August 4, 1953, recorded September 16, 1953 in Book 350 at Page 266, and any and all assignments <br />thereof or interests therein. <br />10. An undivided 1/4 interest in all oil, gas and other minerals as reserved by Concetta Zellitti in Deed to <br />Anthony D. Zellitti and Marilyn G. Zellitti, dated March 10, 1971, recorded March 11, 1971 as Reception No. <br />363544, and any and all assignments thereof or interests therein. <br />11. Easement and right of way, for roadway across subject property, as granted by Luigi Zellitti, a/k/a Louis <br />Zellitti and Concetta Zellitti in Easement to Frances E. White, dated January 5, 1959, recorded January 6, <br />1959 in Book 400 at Page 303. <br />12. An undivided 1/4 interest in all oil, gas and other minerals as reserved by Concetta Zellitti in Deed to <br />Anthony D. Zellitti and Marilyn G. Zellitti, dated March 1, 1963, recorded March 4, 1963 in Book 458 at Page <br />35, and any and all assignments thereof or interests therein. <br />13, Right of way for La Plata County Road No. 300. <br />14. Any tax, assessment, fees or charges, by reason of the inclusion of the subject property in the La <br />Plata/Archuleta Water District. <br />15. Right of way easement over the West 16 feet of the NE1/4NW1/4 of Section 34, Township 34 North, <br />Range 9 West, N.M.P.M., granted by Anthony Zellitti and Marilyn Zellitti to the Mountain States <br />Telephone and Telegraph Company in instrument recorded April 21, 1989 as Reception No. 577164.