Common use of Permitted Exceptions Clause in Contracts

Permitted Exceptions. Buyer agrees to accept the title and title insurance subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (c) visible and/or apparent uses and easements; (d) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (e) any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line; (f) any lien for current, non-delinquent Taxes; (g) local ordinances and zoning laws; (h) any outstanding reservations, severances and/or other rights with respect to Minerals; (i) any oil, gas or mineral lease; (j) whatever rights and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s); (k) any matter disclosed in the Agreement; and

Permitted Exceptions. As between Buyer and Seller, Buyer agrees to accept title, possession, the deed, the title insurance and title insurance any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (cb) visible and/or apparent uses and easements; (dc) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (ed) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line line, or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (fe) any lien for current, non-delinquent Taxes; (gf) local ordinances and zoning laws; (hg) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any oil, gas or mineral leasematter disclosed in this Agreement (including Addendum A); (j) whatever rights easements, conditions, restrictions, reservations and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s)other matters (except Liens, if any) appearing of record; (k) any matter disclosed all matters (except Liens, if any) referenced in the AgreementPreliminary Title Evidence; and(l) if this purchase includes Tract 8, the 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 title and deed, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (cb) visible and/or apparent uses and easements; (dc) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (ed) any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (fe) any lien for current, non-delinquent Taxes; (gf) local ordinances and zoning laws; (hg) any outstanding reservations, severances and/or other rights with respect to Minerals; (ih) any oilrecorded oil and/or gas lease, gas whether active or mineral leasenot; (j) whatever rights and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s); (ki) any matter disclosed in this Agreement (including all exhibits); (j) easements, conditions, restrictions, reservations and/or other matters (except liens, if any) appearing of record and disclosed, identified or listed as exceptions in the AgreementPreliminary Title Evidence; and(k) environmental matters affecting the Property; and (l) all matters (except liens, if any) listed, disclosed or 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 title and deed, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (cb) visible and/or apparent uses and easementseasements (and any utility easements serving the Property, whether or not visible or apparent); (dc) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (ed) 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 occupancy or occupancy line; (fe) any lien for currentTaxes not yet due and payable; (f) local ordinances, non-delinquent Taxeszoning laws and regulations or orders of municipal and/or other governmental authorities; (g) local ordinances private building and zoning lawsuse restrictions of record; (h) set back and building lines; (i) any outstanding reservations, severances and/or other rights with respect to Minerals; (ij) any oilrecorded oil and/or gas lease, gas whether active or mineral lease; (j) whatever rights and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s)not; (k) the provisions of this Agreement and any matter disclosed in this Agreement (including Addendum A); (l) all environmental issues; (m) any easement, covenant, condition, restriction and/or other matter appearing of record and affecting the AgreementProperty (except Liens, if any); andand (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 and disclosed, identified or listed as exceptions in the Preliminary Title Evidence.

Permitted Exceptions. Buyer As between Xxxxx and Xxxxxx, Xxxxx agrees to accept title, possession, the title and deed, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (cb) visible and/or apparent uses and easementseasements (and any utility easements serving the Property, whether or not visible or apparent); (dc) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (ed) 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 occupancy or occupancy line; (fe) any lien for currentTaxes not yet due and payable; (f) local ordinances, non-delinquent Taxeszoning laws and regulations or orders of municipal and/or other governmental authorities; (g) local ordinances private building and zoning lawsuse restrictions of record; (h) set back and building lines; (i) any outstanding reservations, severances and/or other rights with respect to Minerals; (ij) any oilrecorded oil and/or gas lease, gas whether active or mineral lease; (j) whatever rights and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s)not; (k) the provisions of this Agreement and any matter disclosed in this Agreement (including Addendum A); (l) all environmental issues; (m) any easement, covenant, condition, restriction and/or other matter appearing of record and affecting the AgreementProperty (except Liens, if any); andand (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 and disclosed, identified or listed as exceptions in the Preliminary Title Evidence.

Permitted Exceptions. As between Buyer and Seller, Xxxxx agrees to accept title, possession, the title and deed, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (cb) visible and/or apparent uses and easementseasements (and any utility easements serving the Property, whether or not visible or apparent); (dc) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (ed) 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 occupancy or occupancy line; (fe) any lien for currentTaxes not yet due and payable; (f) local ordinances, non-delinquent Taxeszoning laws and regulations or orders of municipal and/or other governmental authorities; (g) local ordinances private building and zoning lawsuse restrictions of record; (h) set back and building lines; (i) any outstanding reservations, severances and/or other rights with respect to Minerals; (ij) any oilrecorded oil and/or gas lease, gas whether active or mineral lease; (j) whatever rights and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s)not; (k) the provisions of this Agreement and any matter disclosed in this Agreement (including Addendum A); (l) all environmental issues; (m) any easement, covenant, condition, restriction and/or other matter appearing of record and affecting the AgreementProperty (except Liens, if any); and(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 and disclosed, identified or listed as exceptions in the Preliminary Title Evidence.

Permitted Exceptions. Buyer Xxxxx agrees to accept the title and title insurance subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (c) visible and/or apparent uses and easements; (d) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (e) any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line; (f) any lien for current, non-delinquent Taxes; (g) local ordinances and zoning laws; (h) any outstanding reservations, severances and/or other rights with respect to Minerals; (i) any oil, gas or mineral lease; (j) whatever rights and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s); (k) any matter disclosed in the Agreement; and

Permitted Exceptions. As between Buyer and Seller, Buyer agrees to accept title, possession, the title and deed, the Updated Title Evidence, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (cb) visible and/or apparent uses and easements; (dc) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (ed) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line line, or other visible occupancy or occupancy line; (fe) any lien for current, non-delinquent Taxes; (gf) local ordinances and zoning laws; (hg) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any active oil and gas lease (and any title exception for any inactive but unreleased oil and gas lease appearing of record); (i) any oilrights to use the surface of the land as are incidental to the ownership of severed Minerals by Seller or any other third party, gas or mineral leaseaccording to applicable law, any instrument of record and/or, if applicable, the Surface Use Agreement described in Exhibit D; (j) whatever rights and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s); (k) any matter disclosed in this Agreement (including Exhibit B and, if applicable, Exhibit D); and (k) easements, conditions, restrictions, reservations and/or other matters (except liens, if any) appearing of record and/or disclosed, identified or listed as exceptions in the Agreement; andPreliminary Title Evidence.

Permitted Exceptions. As between Buyer and Seller, Buyer agrees to accept title, possession, the title and deed, the Final Title Commitment, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (cb) visible and/or or apparent uses and easements; (dc) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (ed) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line line, or other visible or apparent occupancy or occupancy line; (fe) any lien for current, non-delinquent TaxesTaxes not yet due and payable; (gf) local ordinances and zoning laws; (hg) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any oil, gas or mineral leasematter disclosed in this Agreement (including Addendum A); (j) whatever rights easements, conditions, restrictions, reservations and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s)other matters (except Liens, if any) appearing of record; and (k) any matter all matters (except Liens, if any) listed, disclosed or described as exceptions in the Agreement; andPreliminary Title Evidence.

Permitted Exceptions. As between Buyer and Seller, Buyer agrees to accept title, possession, the title and deed, the Updated Title Evidence, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (cb) visible and/or apparent uses and easements; (dc) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (ed) 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 occupancy or occupancy line; (fe) any lien for current, non-delinquent Taxes; (gf) local ordinances and zoning laws; (hg) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any oil, gas or mineral leasematter disclosed in this Agreement (including the exhibits incorporated herein); (j) whatever rights easements, conditions, restrictions, reservations and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s)other matters (except Liens) appearing of record; and (k) any matter all matters (except Liens) listed, disclosed or described in the AgreementPreliminary Title Evidence; andand (l) the Applicable Property Tax Covenant(s), as defined below.

Permitted Exceptions. As between Buyer and Seller, Xxxxx agrees to accept title, possession, the deed, the title insurance and title insurance any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (cb) visible and/or apparent uses and easements; (dc) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (ed) 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 occupancy or occupancy line; (fe) any lien for current, non-delinquent TaxesTaxes not yet due and payable; (gf) local ordinances and zoning laws; (hg) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any oil, gas or mineral leasematter disclosed in this Agreement (including Exhibit B); (j) whatever rights easements, conditions, restrictions, reservations and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s)other matters (except Liens) appearing of record; and (k) any matter disclosed all other matters (except Liens) referenced in the Agreement; andPreliminary Title Evidence. “Liens” refers to any mortgage(s) and/or other monetary lien(s) affecting the Property other than a lien for Taxes not yet due and payable.

Permitted Exceptions. Buyer As between Xxxxx and Seller, Xxxxx agrees to accept title, possession, the title and deed, the Updated Title Evidence, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (cb) visible and/or apparent uses and easements; (dc) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (ed) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line line, or other visible occupancy or occupancy line; (fe) any lien for current, non-delinquent Taxes; (gf) local ordinances and zoning laws; (hg) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any active oil and gas lease (and any title exception for any inactive but unreleased oil and gas lease appearing of record); (i) any oilrights to use the surface of the land as are incidental to the ownership of severed Minerals by Seller or any other third party, gas or mineral leaseaccording to applicable law, any instrument of record and/or, if applicable, the Surface Use Agreement described in Exhibit D; (j) whatever rights and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s); (k) any matter disclosed in this Agreement (including Exhibit B and, if applicable, Exhibit D); and (k) easements, conditions, restrictions, reservations and/or other matters (except liens, if any) appearing of record and/or disclosed, identified or listed as exceptions in the Agreement; andPreliminary Title Evidence.

Permitted Exceptions. As between Buyer and Seller, Buyer agrees to accept title, possession, the deed, the title insurance and title insurance any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (cb) visible and/or apparent uses and easements; (dc) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (ed) 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 occupancy or occupancy line; (fe) any lien for current, non-delinquent TaxesTaxes not yet due and payable; (gf) local ordinances and zoning laws; (hg) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any oil, gas or mineral leasematter disclosed in this Agreement (including Exhibit B); (j) whatever rights easements, conditions, restrictions, reservations and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s)other matters (except Liens) appearing of record; and (k) any matter disclosed all other matters (except Liens) referenced in the Agreement; andPreliminary Title Evidence. “Liens” refers to any mortgage(s) and/or other monetary lien(s) affecting the Property other than a lien for Taxes not yet due and payable.

Permitted Exceptions. Buyer agrees to accept title, possession, the title and deed, the Updated Title Evidence, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (cb) visible and/or apparent uses and easements; (dc) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (ed) 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 occupancy or occupancy line; (fe) any lien for current, non-delinquent Taxes; (gf) local ordinances and zoning laws; (hg) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any oil, gas or mineral leasematter disclosed in this Agreement (including the exhibits incorporated herein); (j) whatever rights easements, conditions, restrictions, reservations and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s)other matters (except Xxxxx, if any) appearing of record; and (k) any matter disclosed all matters (except Liens, if any) referenced, listed, identified or shown in the Agreement; andPreliminary Title Evidence.

Permitted Exceptions. As between Buyer and Seller, Xxxxx agrees to accept title, possession, the deed, the title insurance and title insurance any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and ”; collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (cb) visible and/or apparent uses and easements; (dc) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (ed) 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 occupancy or occupancy line; (fe) any lien for current, non-delinquent TaxesTaxes not yet due and payable; (gf) local ordinances and zoning laws; (hg) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) any oil, gas or mineral lease; (j) whatever rights and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s); (k) provisions of this Agreement and any matter disclosed in this Agreement (including Exhibit B); and (j) any right of way, easement, condition, covenant, restriction and/or reservation appearing of record and referenced in the AgreementPreliminary Title Evidence; andprovided, however, the Permitted Exceptions do not 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 lien for Taxes not yet due and payable.

Permitted Exceptions. As between Buyer and Seller, Xxxxx agrees to accept title, possession, the title and deed, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (cb) visible and/or apparent uses and easements; (dc) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (ed) any variation between a deeded boundary line and a fence line, field line, ditch line or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (fe) any lien for current, non-delinquent Taxes; (gf) local ordinances and zoning laws; (hg) any outstanding reservations, severances and/or other rights with respect to Minerals; (ih) any oilrecorded oil and/or gas lease, gas whether active or mineral leasenot; (j) whatever rights and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s); (ki) any matter disclosed in this Agreement (including all exhibits); (j) easements, conditions, restrictions, reservations and/or other matters (except liens, if any) appearing of record and disclosed, identified or listed as exceptions in the AgreementPreliminary Title Evidence; and(k) environmental matters affecting the Property; and (l) all matters (except liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrument.

Permitted Exceptions. As between Buyer and Receiver, Xxxxx agrees to accept title, possession, the deed, the title insurance and title insurance any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (cb) visible and/or apparent uses and easements; (dc) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (ed) 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 occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (fe) any lien for current, non-delinquent TaxesTaxes not yet due and payable; (gf) local ordinances and zoning laws; (hg) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any oil, gas or mineral leasematter disclosed in this Agreement (including the exhibits incorporated herein); (j) whatever rights easements, conditions, restrictions, reservations and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s)other matters (except Liens) appearing of record; and (k) any matter disclosed all matters (except Liens) referenced in the Agreement; andPreliminary Title Evidence.

Permitted Exceptions. As between Buyer and Seller, Xxxxx agrees to accept title, possession, the deed, the title insurance and title insurance any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (cb) visible and/or apparent uses and easements; (dc) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (ed) rights and/or claims relating to or arising from any variation between a deeded boundary line and a fence line, field line, ditch line line, or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (fe) any lien for current, non-delinquent Taxes; (gf) local ordinances and zoning laws; (hg) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any oil, gas or mineral leasematter disclosed in this Agreement (including Addendum A); (j) whatever rights easements, conditions, restrictions, reservations and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s)other matters (except Liens, if any) appearing of record; (k) any matter disclosed all matters (except Liens, if any) referenced in the AgreementPreliminary Title Evidence; and(l) if this purchase includes Tract 8, the Tract 8 Life Estate; and (m) if this purchase includes any of Tracts 1 - 6, the 2020 Farm Lease (defined below).

Permitted Exceptions. Buyer As between Xxxxx and Seller, Xxxxx agrees to accept title, possession, the title and deed, the Updated Title Evidence, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception” and collectively the “Permitted Exceptions”): (a) each of the exceptions set out in the Preliminary Title Evidence (including the title company’s standard exceptions); (b) existing roads, public utilities and drains; (cb) visible and/or apparent uses and easements; (dc) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (ed) 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 occupancy or occupancy line; (fe) any lien for current, non-delinquent Taxes; (gf) local ordinances and zoning laws; (hg) any outstanding reservations, severances and/or other rights with respect to Minerals; (h) any recorded oil and/or gas lease, whether active or not; (i) the provisions of this Agreement and any oil, gas or mineral leasematter disclosed in this Agreement (including the exhibits incorporated herein); (j) whatever rights easements, conditions, restrictions, reservations and/or obligations may or may not presently exist with respect to any railroad sidetracks located on or near the Purchase Tract(s)other matters (except Liens) appearing of record; and (k) any matter all matters (except Liens) listed, disclosed or described in the AgreementPreliminary Title Evidence; andand (l) the Applicable Property Tax Covenant(s), as defined below.