Common use of Permitted Exceptions Clause in Contracts

Permitted Exceptions. As between ▇▇▇▇▇ and Seller, ▇▇▇▇▇ agrees to accept title, possession, the deed, the Final Title Commitment, the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line or other visible or apparent occupancy or occupancy line; (e) any lien for Taxes and/or Assessments not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rights; (h) any recorded oil and/or gas lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage of water, which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (j) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated herein); (k) easements, conditions, restrictions, reservations and/or other matters (except Liens, if any) appearing of record; and (l) all matters (except Liens, if any) listed, disclosed or identified in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Permitted Exceptions. As between ▇▇▇▇▇ Buyer and Seller, ▇▇▇▇▇ Buyer agrees to accept title, possession, the deed, the Final Title Commitment, the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible or and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line line, field line, ditch line, or other visible or apparent occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes and/or Assessments not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsMinerals; (h) any recorded oil and/or gas lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage of water, which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (j) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinAddendum A); (kj) easements, conditions, restrictions, reservations and/or other matters (except Liens, if any) appearing of record; and (lk) all matters (except Liens, if any) listed, disclosed or identified referenced in the Preliminary Title Evidence; (l) if this purchase includes Tract 8, whether or not referring to a recorded instrumentthe Tract 8 Life Estate; and (m) if this purchase includes any of Tracts 1 - 6, the 2020 Farm Lease (defined below).

Permitted Exceptions. As between ▇▇▇▇▇ Buyer and Seller, ▇▇▇▇▇ Buyer agrees to accept title, possession, the deed, the Final Title Commitment, the any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible or and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible or apparent occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes and/or Assessments not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsMinerals; (h) any recorded oil and/or gas lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage of water, which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (j) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinall exhibits); (kj) easements, conditions, restrictions, reservations and/or other matters (except Liensliens, if any) appearing of recordrecord and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (k) environmental matters affecting the Property; and (l) all matters (except Liensliens, if any) listed, disclosed or identified described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Permitted Exceptions. As between ▇▇▇▇▇ Buyer and Seller, ▇▇▇▇▇ agrees to accept the title, possession, the deed, the Final Title Commitment, the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities utilities, drains and drainslevees; (b) visible or and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible or apparent occupancy or occupancy line; (e) any lien for Taxes and/or Assessments not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsthe Minerals; (h) any recorded oil and/or oil, gas or mineral lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage use of water, water which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (j) the provisions of this Agreement and any matter disclosed in this Agreement (Agreement, including but not limited to the exhibits incorporated hereinAssumed Lease(s); (k) easements, conditions, restrictions, reservations and/or other matters (except Liensliens, if any) appearing of record, including but not limited to matters appearing of record and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; and (l) all matters (except Liens, if anyliens) listed, disclosed or identified described in the Preliminary Title Evidence, whether or not referring to a recorded instrument; and (m) the oil and gas leases, related easements, access rights and Exceptions set forth in the updated Title Opinion of ▇▇▇▇ ▇▇▇▇▇▇ dated November 8, 2016.

Permitted Exceptions. As between ▇▇▇▇▇ Buyer and Seller, ▇▇▇▇▇ Buyer agrees to accept title, possession, the deed, the Final Updated Title CommitmentEvidence, the any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible or and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line line, field line, ditch line, or other visible or apparent occupancy or occupancy line; (e) any lien for Taxes and/or Assessments not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsMinerals; (h) any recorded active oil and/or and gas lease, whether active or notlease (and any title exception for any inactive but unreleased oil and gas lease appearing of record); (i) any rights, agreements, obligations, restrictions and/or regulations pertaining rights to use the surface of the land as are incidental to the useownership of severed Minerals by Seller or any other third party, impoundment, appropriation and/or drainage of water, which are of public record and/or which exist pursuant according to any applicable law, ordinanceany instrument of record and/or, regulation or rule of any state or local governmental agencyif applicable, municipality or districtthe Surface Use Agreement described in Exhibit D; (j) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinExhibit B and, if applicable, Exhibit D); and (k) easements, conditions, restrictions, reservations and/or other matters (except Liensliens, if any) appearing of record; and (l) all matters (except Liensrecord and/or disclosed, if any) listed, disclosed identified or identified listed as exceptions in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Permitted Exceptions. As between ▇▇▇▇▇ Buyer and Seller, ▇▇▇▇▇ Buyer agrees to accept title, possession, the deed, the Final Title Commitment, the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible or and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible or apparent occupancy or occupancy line; (e) any lien for Taxes and/or Assessments not yet due current, non-delinquent real estate taxes and payableassessments; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsthe Minerals; (h) any recorded oil and/or oil, gas or mineral lease, whether active or not; ; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage of water, which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (j) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinAddendum A); (kj) easements, conditions, restrictions, reservations and/or other matters (except Liensliens, if any) appearing of record, including but not limited to matters appearing of record and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; and (lk) all matters (except Liens, if anyliens) listed, disclosed or identified described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Permitted Exceptions. As between ▇▇▇▇▇ Buyer and Seller, ▇▇▇▇▇ Buyer agrees to accept title, possession, the deed, the Final Title Commitment, the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible or and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible or apparent occupancy or occupancy line; (e) any lien for Taxes and/or Assessments not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsMinerals; (h) any recorded oil and/or gas lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage of water, which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (j) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinExhibit B); (kj) easements, conditions, restrictions, reservations and/or other matters (except Liens, if any) appearing of record; and (lk) all other matters (except Liens, if any) listed, disclosed or identified referenced in the Preliminary Title Evidence, whether or . “Liens” refers to any mortgage(s) and/or other monetary lien(s) affecting the Property other than a lien for Taxes not referring to a recorded instrumentyet due and payable.

Permitted Exceptions. As between ▇▇▇▇▇ Buyer and Seller, ▇▇▇▇▇ agrees to accept title, possession, the deed, the Final Title Commitmentsurvey, the title insurance and any survey Additional Title Evidence subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line line, field line, ditch line, or other visible or apparent occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes property taxes and/or Assessments assessments not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsMinerals; (h) any recorded oil and/or gas lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage of water, which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (j) the provisions of this Agreement and any matter disclosed in this Agreement (Agreement, including the exhibits incorporated herein)Addendum A; (kj) easements, conditions, restrictions, reservations and/or other matters (except Liens, if any) appearing of recordrecord and listed, identified or described as exceptions in the Preliminary Title Evidence; and (lk) all matters (except Liens, if any) listed, disclosed or identified described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Permitted Exceptions. As between ▇▇▇▇▇ Buyer and Seller, ▇▇▇▇▇ agrees to accept title, possession, the deed, the Final Title Commitment, the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line or other visible or apparent occupancy or occupancy line; (e) any lien for Taxes and/or Assessments not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsminerals; (h) any recorded oil and/or gas lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage of water, which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (j) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits and addenda incorporated herein); (kj) any easements, conditions, restrictions, reservations and/or other matters (except Liens, if any) appearing of record; and (l) all matters (except Liens, if any) listed, shown, described, identified, or otherwise disclosed or identified in the Preliminary Title EvidenceEvidence and/or 2018 Survey; and (k) if this purchase includes Tract 1, whether or not referring to a recorded instrumentthe Assumed Agreements.

Permitted Exceptions. As between ▇▇▇▇▇ Buyer and Seller, ▇▇▇▇▇ Buyer agrees to accept the title, possession, the deed, the Final Title Commitment, the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities utilities, drains and drainslevees; (b) visible or and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line line, field line, ditch line, irrigation circle or other visible or apparent occupancy or occupancy line; (e) any lien for Taxes and/or Assessments not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsthe Minerals; (h) any recorded oil and/or oil, gas or mineral lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage use of water, and/or pertaining to drainage and/or levee(s), which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (j) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinExhibit B); (k) easements, conditions, restrictions, reservations and/or other matters (except Liensliens, if any) appearing of record, including but not limited to matters appearing of record and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; and (l) all matters (except Liens, if anyliens) listed, disclosed or identified described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Permitted Exceptions. As between ▇▇▇▇▇ Buyer and SellerReceiver, ▇▇▇▇▇ agrees to accept title, possession, the deed, the Final Title Commitment, the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible or and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible or apparent occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes and/or Assessments not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsMinerals; (h) any recorded oil and/or gas lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage of water, which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (j) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated herein); (kj) easements, conditions, restrictions, reservations and/or other matters (except Liens, if any) appearing of record; and (lk) all matters (except Liens, if any) listed, disclosed or identified referenced in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Permitted Exceptions. As between ▇▇▇▇▇ Buyer and Seller, ▇▇▇▇▇ Buyer agrees to accept title, possession, the deed, the Final Updated Title CommitmentEvidence, the any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible or and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible or apparent occupancy or occupancy line; (e) any lien for Taxes and/or Assessments not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsMinerals; (h) any recorded oil and/or gas lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage of water, which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (j) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated herein); (kj) easements, conditions, restrictions, reservations and/or other matters (except Liens, if any) appearing of record; and (lk) all matters (except Liens, if any) listed, disclosed or identified described in the Preliminary Title Evidence; and (l) the Applicable Property Tax Covenant(s), whether or not referring to a recorded instrumentas defined below.

Permitted Exceptions. As between ▇▇▇▇▇ Buyer and Seller, ▇▇▇▇▇ agrees to accept title, possession, the deed, the Final Title Commitment, the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible or and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible or apparent occupancy or occupancy line; (e) any lien for Taxes and/or Assessments not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsMinerals; (h) any recorded oil and/or gas lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage of water, which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (j) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinExhibit B); (k) easements, conditions, restrictions, reservations and/or other matters (except Liens, if any) appearing of record; and (lj) all matters (except Liensany right of way, if any) listedeasement, disclosed or identified condition, covenant, restriction and/or reservation appearing of record and referenced in the Preliminary Title Evidence; provided, whether or however, the Permitted Exceptions do not referring include (and Buyer is not required to take title subject to) any Liens. “Liens” refers to any mortgage(s), judgment lien(s) and/or other monetary lien(s) affecting the Property other than a recorded instrumentlien for Taxes not yet due and payable.

Permitted Exceptions. As between ▇▇▇▇▇ Buyer and Seller, ▇▇▇▇▇ agrees to accept title, possession, the deed, the Final Title Commitment, the any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible or and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible or apparent occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes and/or Assessments not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsMinerals; (h) any recorded oil and/or gas lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage of water, which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (j) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinall exhibits); (kj) easements, conditions, restrictions, reservations and/or other matters (except Liensliens, if any) appearing of recordrecord and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (k) environmental matters affecting the Property; and (l) all matters (except Liensliens, if any) listed, disclosed or identified described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Permitted Exceptions. As between ▇▇▇▇▇ Buyer and Seller, ▇▇▇▇▇ agrees to accept title, possession, the deed, the Final Title Commitment, the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible or and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible or apparent occupancy or occupancy line; (e) any lien for Taxes and/or Assessments not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsMinerals; (h) any recorded oil and/or gas lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage of water, which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (j) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinExhibit B); (kj) easements, conditions, restrictions, reservations and/or other matters (except Liens, if any) appearing of record; and (lk) all other matters (except Liens, if any) listed, disclosed or identified referenced in the Preliminary Title Evidence, whether or . “Liens” refers to any mortgage(s) and/or other monetary lien(s) affecting the Property other than a lien for Taxes not referring to a recorded instrumentyet due and payable.

Permitted Exceptions. As between ▇▇▇▇▇ and Seller▇▇▇▇▇▇, ▇▇▇▇▇ agrees to accept title, possession, the deed, the Final Title Commitment, the any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible or and/or apparent uses and easementseasements (and any utility easements serving the Property, whether or not visible or apparent); (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible or apparent occupancy or occupancy line; (e) any lien for Taxes and/or Assessments not yet due and payable; (f) local ordinances ordinances, zoning laws and zoning lawsregulations or orders of municipal and/or other governmental authorities; (g) private building and use restrictions of record; (h) set back and building lines; (i) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsMinerals; (hj) any recorded oil and/or gas lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage of water, which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (jk) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinAddendum A); (kl) all environmental issues; (m) any easement, covenant, condition, restriction and/or other matter appearing of record and affecting the Property (except Liens, if any); and (n) if this purchase includes Tract 5 and/or Tract 6, all easements, conditions, restrictions, reservations and/or other matters affecting the Property (except Liens, if any) appearing of record; record and (l) all matters (except Liensdisclosed, if any) listed, disclosed identified or identified listed as exceptions in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Permitted Exceptions. As between ▇▇▇▇▇ and Seller, ▇▇▇▇▇ Buyer agrees to accept title, possession, the deed, the Final Updated Title CommitmentEvidence, the any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible or and/or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible or apparent occupancy or occupancy line; (e) any lien for Taxes and/or Assessments not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsMinerals; (h) any recorded oil and/or gas lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage of water, which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (j) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated herein); (kj) easements, conditions, restrictions, reservations and/or other matters (except Liens▇▇▇▇▇, if any) appearing of record; and (lk) all matters (except Liens, if any) referenced, listed, disclosed identified or identified shown in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Permitted Exceptions. As between ▇▇▇▇▇ Buyer and Seller, ▇▇▇▇▇ Buyer agrees to accept title, possession, the deed, the Final Title Commitment, the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (ai) existing roads, public utilities and drains; (bii) visible or and/or apparent uses and easements; (ciii) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (div) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible or apparent occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (ev) any lien for Taxes and/or Assessments not yet due and payable; (fvi) local ordinances and zoning laws; (gvii) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsMinerals; (hviii) any recorded oil and/or gas lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage of water, which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (jix) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated herein); (kx) easements, conditions, restrictions, reservations and/or other matters (except Liens, if any) appearing of record; and (lxi) all matters (except Liens, if any) listed, disclosed or identified referenced in the Preliminary Title Evidence, whether or . “Liens” refers to any mortgage(s) and/or other monetary lien(s) affecting the Property other than a lien for Taxes not referring to a recorded instrumentyet due and payable.

Permitted Exceptions. As between ▇▇▇▇▇ Buyer and Seller, ▇▇▇▇▇ Buyer agrees to accept title, possession, the deed, the Final Title Commitment, the any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible or apparent uses and easements; (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line line, field line, ditch line, or other visible or apparent occupancy or occupancy line; (e) any lien for Taxes and/or Assessments not yet due and payable; (f) local ordinances and zoning laws; (g) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsMinerals; (h) any recorded oil and/or gas lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage of water, which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (j) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinAddendum A); (kj) easements, conditions, restrictions, reservations and/or other matters (except Liens, if any) appearing of record; and (lk) all matters (except Liens, if any) listed, disclosed or identified described as exceptions in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Permitted Exceptions. As between ▇▇▇▇▇ Buyer and Seller, ▇▇▇▇▇ agrees to accept title, possession, the deed, the Final Title Commitment, the any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible or and/or apparent uses and easementseasements (and any utility easements serving the Property, whether or not visible or apparent); (c) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (d) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line or other visible or apparent occupancy or occupancy line; (e) any lien for Taxes and/or Assessments not yet due and payable; (f) local ordinances ordinances, zoning laws and zoning lawsregulations or orders of municipal and/or other governmental authorities; (g) private building and use restrictions of record; (h) set back and building lines; (i) any outstanding reservations, severances and/or other rights with respect to Minerals and/or water rightsMinerals; (hj) any recorded oil and/or gas lease, whether active or not; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use, impoundment, appropriation and/or drainage of water, which are of public record and/or which exist pursuant to any law, ordinance, regulation or rule of any state or local governmental agency, municipality or district; (jk) the provisions of this Agreement and any matter disclosed in this Agreement (including the exhibits incorporated hereinAddendum A); (kl) all environmental issues; (m) any easement, covenant, condition, restriction and/or other matter appearing of record and affecting the Property (except Liens, if any); (n) undivided interests; (o) ingress and egress limitations; and (p) all easements, conditions, restrictions, reservations and/or other matters affecting the Property (except Liens, if any) appearing of record; record and (l) all matters (except Liensdisclosed, if any) listed, disclosed identified or identified listed as exceptions in the Preliminary Title Evidence, whether or not referring to a recorded instrument.