Common use of Permitted Exceptions Clause in Contracts

Permitted Exceptions. As between Buyer and Seller, Buyer agrees to accept title, possession, the deed, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements (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 occupancy or occupancy line; (e) any lien for Taxes not yet due and payable; (f) local ordinances, zoning laws and regulations 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; (j) any recorded oil and/or gas lease, whether active or 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 Property (except Liens, if any); and (n) 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, Buyer agrees to and shall accept title, possession, the deed, any the Final Title Commitment, the title insurance policy and any survey regarding or pertaining to the Property subject to and notwithstanding the following matters (each individually a “Permitted Exception”; , and collectively the “Permitted Exceptions”): (ai) existing roads, public utilities and drains; (bii) visible and/or apparent uses and easements easements; (iii) all existing (and any all easements, rights-of-way, licenses and agreements for the erection and/or maintenance of) water, gas, steam, electric, telephone, fiber optic cable, sewer or other utility easements serving the Property, whether lines or not visible or apparent); (c) existing pipelines, poles, wires, conduits or other like facilities, and appurtenances thereto, over, across and under the Property whether or not visible or apparent and whether or not appearing of record, and all other covenants, reservations, restrictions, rights, easements, rights- of-way, licenses, declarations and agreements of record or visible on the Property; (div) rights and/or claims relating to or arising from any variation between a deeded boundary line and a an existing fence line, field line, ditch line line, irrigation circle 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 state of facts an accurate survey or physical inspection of the Property may show; (vi) presently existing and future liens for Taxes general and special real estate taxes, fees, charges and assessments not yet due and payablepayable or delinquent; (fvii) local ordinances, zoning all present and future laws and regulations or orders including without limitation, zoning, building, environmental and other laws, ordinances, codes, restrictions and regulations of municipal and/or other all governmental authoritiesauthorities having jurisdiction with respect to the Property, provided that any violations of same do not materially interfere with the current use and occupancy of the Property; (g) private building and use restrictions of record; (h) set back and building lines; (iviii) any outstanding reservations, severances and/or other rights with respect to Minerals; (jix) any recorded oil mineral lease appearing of record (including any lease with respect to oil, gas and/or gas leasecoal), whether active or not; (kx) any rights, agreements, obligations, restrictions and/or regulations pertaining to the provisions use of this Agreement and 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 federal, state or local governmental agency, department, authority, municipality or district; (xi) any matter disclosed in this Agreement (including Addendum Aall its Exhibits); (lxii) 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) all easements, conditions, restrictions, reservations and/or other matters affecting the Property (except Liensliens, if any) appearing of record and or otherwise, including without limitation (a) matters disclosed, identified or listed as exceptions or reservations in the Preliminary Title Evidence.Evidence and/or Final Title Commitment, whether or not referring to a recorded instrument, and

Permitted Exceptions. As between Buyer and Seller, Buyer agrees to accept title, possession, the deed, the Final Title Commitment, any title insurance and any survey subject to and notwithstanding any of the following matters (each a “Permitted Exception”; ” and collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) any easement, road or potential road along a township section line; (c) visible and/or apparent uses and easements (and any utility easements serving the Property, whether or not visible or apparent)easements; (cd) existing pipelines, whether or not visible or apparent and whether or not appearing of record; (de) 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; (ef) any lien for Taxes current real estate taxes and/or special assessments not yet due and payable; (fg) local ordinances, ordinances and zoning laws and regulations or orders of municipal and/or other governmental authorities; (g) private building and use restrictions of recordlaws; (h) set back and building lines; (i) any outstanding reservations, severances and/or other rights with respect to Minerals; (i) any matter pertaining to Minerals and/or mineral rights appearing of record, including any mineral lease, easement, gas storage agreement and/or surface use agreement; (j) any the Plat of Wolf Creek Estates recorded oil at Book 3520, Page 145, and all easements and other matters depicted and/or gas lease, whether active or notreferenced therein; (k) the provisions Declaration of this Agreement Covenants, Conditions and Restrictions for Wolf Creek Estates (including the Purposes and Bylaws of the Association attached thereto) recorded at Book 3530, Page 67; (l) the recorded documents listed in Exhibit B and all matters contained therein; and (m) any other 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 Property (except Liens, if any); and (n) 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 EvidenceAgreement.

Permitted Exceptions. As between Buyer Xxxxx and SellerXxxxxx, Buyer Xxxxx agrees to accept title, possession, the deed, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements (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 occupancy or occupancy line; (e) any lien for Taxes not yet due and payable; (f) local ordinances, zoning laws and regulations 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; (j) any recorded oil and/or gas lease, whether active or 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 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 and disclosed, identified or listed as exceptions in the Preliminary Title Evidence.

Permitted Exceptions. As between Buyer and SellerReceiver, Buyer Xxxxx agrees to accept title, possession, the deed, any 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 and/or apparent uses and easements (and any utility easements serving the Property, whether or not visible or apparent)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 occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payable; (f) local ordinances, ordinances and zoning laws and regulations or orders of municipal and/or other governmental authoritieslaws; (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; (jh) any recorded oil and/or gas lease, whether active or not; (ki) the provisions of this Agreement and any matter disclosed in this Agreement (including Addendum Athe exhibits incorporated herein); (lj) 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) all easements, conditions, restrictions, reservations and/or other matters affecting the Property (except Liens, if any) appearing of record record; and disclosed, identified or listed as exceptions (k) all matters (except Liens) referenced in the Preliminary Title Evidence.

Permitted Exceptions. As between Buyer and Seller, Buyer agrees to accept the title, possession, the deed, 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 utilities, drains and drainslevees; (b) visible and/or apparent uses and easements (and any utility easements serving the Property, whether or not visible or apparent)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 line, irrigation circle or other visible occupancy or occupancy line; (e) any lien for Taxes not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances, ordinances and zoning laws and regulations or orders of municipal and/or other governmental authoritieslaws; (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 the Minerals; (h) any oil, gas or mineral lease; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the 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) any recorded oil and/or gas lease, whether active or not; (k) the provisions of this Agreement and any matter disclosed in this Agreement (including Addendum AExhibit B); (lk) 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) all easements, conditions, restrictions, reservations and/or other matters affecting the Property (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) 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 deed, 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 and/or apparent uses and easements (and any utility easements serving the Property, whether or not visible or apparent)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 occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances, ordinances and zoning laws and regulations or orders of municipal and/or other governmental authoritieslaws; (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; (jh) any recorded oil and/or gas lease, whether active or not; (ki) the provisions of this Agreement and any matter disclosed in this Agreement (including Addendum Aall exhibits); (lj) 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) all easements, conditions, restrictions, reservations and/or other matters affecting the Property (except Liensliens, if any) appearing of record and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (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 and shall accept title, possession, the deed, any the Final Title Commitment, the title insurance policy and any survey regarding or pertaining to the Property subject to and notwithstanding the following matters (each individually a “Permitted Exception”; , and collectively the “Permitted Exceptions”): (ai) existing roads, public utilities and drains; (bii) visible and/or apparent uses and easements easements; (iii) all existing (and any all easements, rights-of-way, licenses and agreements for the erection and/or maintenance of) water, gas, steam, electric, telephone, fiber optic cable, sewer or other utility easements serving the Property, whether lines or not visible or apparent); (c) existing pipelines, poles, wires, conduits or other like facilities, and appurtenances thereto, over, across and under the Property whether or not visible or apparent and whether or not appearing of record, and all other covenants, reservations, restrictions, rights, easements, rights- of-way, licenses, declarations and agreements of record or visible on the Property; (div) rights and/or claims relating to or arising from any variation between a deeded boundary line and a an existing fence line, field line, ditch line line, irrigation circle 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 state of facts an accurate survey or physical inspection of the Property may show; (vi) presently existing and future liens for Taxes general and special real estate taxes, fees, charges and assessments not yet due and payablepayable or delinquent; (fvii) local ordinances, zoning all present and future laws and regulations or orders including without limitation, zoning, building, environmental and other laws, ordinances, codes, restrictions and regulations of municipal and/or other all governmental authoritiesauthorities having jurisdiction with respect to the Property, provided that any violations of same do not materially interfere with the current use and occupancy of the Property; (g) private building and use restrictions of record; (h) set back and building lines; (iviii) any outstanding reservations, severances and/or other rights with respect to Minerals; (jix) any recorded oil mineral lease appearing of record (including any lease with respect to oil, gas and/or gas leasecoal), whether active or not; (kx) any rights, agreements, obligations, restrictions and/or regulations pertaining to the provisions use of this Agreement and 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 federal, state or local governmental agency, department, authority, municipality or district; (xi) any matter disclosed in this Agreement (including Addendum Aall its Exhibits); (lxii) 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) all easements, conditions, restrictions, reservations and/or other matters affecting the Property (except Liensliens, if any) appearing of record and record, including without limitation matters disclosed, identified or listed as exceptions in the Preliminary Title Evidence whether or not referring to a recorded instrument; (xiii) the Assumed Contracts (if any), as defined in this Agreement, and tenants in possession of the Property pursuant thereto; (xiv) financing statements, chattel mortgages and liens on personalty: (a) owned by any tenant or former tenant; (b) filed more than five (5) years prior to the Closing and not renewed; or (c) filed against property or equipment that is no longer located within the Property and/or that is not specifically included with the sale of the Property according to the express terms of this Agreement; (xv) any outstanding rights or reservations with respect to mineral use agreements, mitigation agreements, mining rights, and leases; (xvi) any encumbrances to title and any and all other matters whatsoever in each case arising out of the acts or omissions of Buyer; (xvii) minor encroachments of xxxxxx, areas, cellar steps, trims, cornices, lintels, window xxxxx, awnings, canopies, ledges, fences, xxxxxx, copings, retaining walls or other things projecting from the Property over any street or highway or over any adjoining property and/or projecting from adjoining property over the Property; (xviii) all easements and other matters (except liens, if any) listed, disclosed, shown, identified or noted in the Preliminary Title Evidence, including without limitation any pre-Auction survey that is identified in Exhibit B and has been made available for review by prospective bidders prior to bidding; (xix) the Minerals and Mining Rights as such terms are defined in the Special Warranty Deed; and (xx) the leases and Assumed Contracts described in Sections 15, 17, and 18 of this Agreement, to the extent applicable to the Property.

Permitted Exceptions. As between Buyer and Seller, Buyer Xxxxx agrees to accept title, possession, the deed, the Final Title Commitment, any title insurance and any survey subject to and notwithstanding any one or more of the following matters (each a “Permitted Exception”; ” and collectively the “Permitted Exceptions”): (a) existing roadsany visible or apparent use, including any visible or apparent road, public utilities and drainsutility and/or drain facility, whether or not appearing of record; (b) visible and/or apparent uses and easements (and any recorded easement or right-of-way for any road, public utility easements serving the Property, whether or not visible or apparent)drain; (c) any other existing easement or other existing matter appearing of record and affecting the title to the Property (except Liens, if any) that is not likely to materially interfere with the ordinary and reasonably foreseeable use of the Property; (d) any rights and/or potential rights regarding any existing and/or potential section line road; (e) any existing pipelines, whether or not visible or apparent and whether or not appearing of record; (df) any 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 existing boundary line; (eg) any lien for Taxes not yet due and payable; (fh) local ordinances, ordinances and zoning laws and regulations or orders of municipal and/or other governmental authorities; (g) private building and use restrictions of record; (h) set back and building lineslaws; (i) any outstanding reservations, severances and/or other rights with respect to any Minerals; (j) Mineral Rights and any recorded oil and/or gas leasematter pertaining to Mineral Rights (as defined in Section 2), whether active or notincluding existing leases, easements and surface use agreements; (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 Property (except Liens, if any)that is deemed to be approved or waived by Buyer according to Section 11 below; and (n) 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.m)

Permitted Exceptions. As between Buyer and Seller, Buyer Xxxxx agrees to accept title, possession, the deed, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements (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 occupancy or occupancy line; (e) any lien for Taxes not yet due and payable; (f) local ordinances, zoning laws and regulations 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; (j) any recorded oil and/or gas lease, whether active or 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 Property (except Liens, if any); (n) undivided interests; (o) ingress and egress limitations; and (np) 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, Buyer Xxxxx agrees to accept the title, possession, the deed, 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 utilities, drains and drainslevees; (b) visible and/or apparent uses and easements (and any utility easements serving the Property, whether or not visible or apparent)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 occupancy or occupancy line; (e) any lien for Taxes not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances, ordinances and zoning laws and regulations or orders of municipal and/or other governmental authoritieslaws; (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 the Minerals; (h) any oil, gas or mineral lease; (i) any rights, agreements, obligations, restrictions and/or regulations pertaining to the use 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) any recorded oil and/or gas leasematter disclosed in this Agreement, whether active or notincluding but not limited to the Assumed Lease(s); (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 Property (except Liens, if any); and (n) all easements, conditions, restrictions, reservations and/or other matters affecting the Property (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) listed, disclosed or 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 Xxxx Xxxxxx dated November 8, 2016.

Permitted Exceptions. As between Buyer and Seller, Buyer agrees to and shall accept title, possession, the deed, any the Final Title Commitment, the title insurance policy and any survey regarding or pertaining to the Property subject to and notwithstanding the following matters (each individually a “Permitted Exception”; , and collectively the “Permitted Exceptions”): (ai) existing roads, public utilities and drains; (bii) visible and/or apparent uses and easements easements; (iii) all existing (and any all easements, rights-of-way, licenses and agreements for the erection and/or maintenance of) water, gas, steam, electric, telephone, fiber optic cable, sewer or other utility easements serving the Property, whether lines or not visible or apparent); (c) existing pipelines, poles, wires, conduits or other like facilities, and appurtenances thereto, over, across and under the Property whether or not visible or apparent and whether or not appearing of record, and all other covenants, reservations, restrictions, rights, easements, rights- of-way, licenses, declarations and agreements of record or visible on the Property; (div) rights and/or claims relating to or arising from any variation between a deeded boundary line and a an existing fence line, field line, ditch line line, irrigation circle 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 state of facts an accurate survey or physical inspection of the Property may show; (vi) presently existing and future liens for Taxes general and special real estate taxes, fees, charges and assessments not yet due and payablepayable or delinquent; (fvii) local ordinances, zoning all present and future laws and regulations or orders including without limitation, zoning, building, environmental and other laws, ordinances, codes, restrictions and regulations of municipal and/or other all governmental authoritiesauthorities having jurisdiction with respect to the Property, provided that any violations of same do not materially interfere with the current use and occupancy of the Property; (g) private building and use restrictions of record; (h) set back and building lines; (iviii) any outstanding reservations, severances and/or other rights with respect to Minerals; (jix) any recorded oil mineral lease appearing of record (including any lease with respect to oil, gas and/or gas leasecoal), whether active or not; (kx) any rights, agreements, obligations, restrictions and/or regulations pertaining to the provisions use of this Agreement and 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 federal, state or local governmental agency, department, authority, municipality or district; (xi) any matter disclosed in this Agreement (including Addendum Aall its Exhibits); (lxii) 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) all easements, conditions, restrictions, reservations and/or other matters affecting the Property (except Liensliens, if any) appearing of record and record, including without limitation matters disclosed, identified or listed as exceptions in the Preliminary Title Evidence whether or not referring to a recorded instrument; (xiii) the Assumed Contracts (if any), as defined in this Agreement, and tenants in possession of the Property pursuant thereto; (xiv) financing statements, chattel mortgages and liens on personalty: (a) owned by any tenant or former tenant; (b) filed more than five (5) years prior to the Closing and not renewed; or (c) filed against property or equipment that is no longer located within the Property and/or that is not specifically included with the sale of the Property according to the express terms of this Agreement; (xv) any outstanding rights or reservations with respect to mineral use agreements, mitigation agreements, mining rights, and leases; (xvi) any encumbrances to title and any and all other matters whatsoever in each case arising out of the acts or omissions of Buyer; (xvii) minor encroachments of xxxxxx, areas, cellar steps, trims, cornices, lintels, window xxxxx, awnings, canopies, ledges, fences, xxxxxx, copings, retaining walls or other things projecting from the Property over any street or highway or over any adjoining property and/or projecting from adjoining property over the Property; (xviii) all easements and other matters (except liens, if any) listed, disclosed, shown, identified or noted in the Preliminary Title Evidence, including without limitation any pre-Auction survey that is identified in Exhibit B and has been made available for review by prospective bidders prior to bidding; (xix) the Minerals and Mining Rights as such terms are defined in the Special Warranty Deed; and (xx) the leases and Assumed Contracts described in Sections 14, 15 and 17 of this Agreement, to the extent applicable to the Property.

Permitted Exceptions. As between Buyer and Seller, Buyer agrees to accept title, possession, the deed, 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 and/or apparent uses and easements (and any utility easements serving the Property, whether or not visible or apparent)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 line, irrigation circle or other visible occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (e) any lien for Taxes not yet due and payablecurrent, non-delinquent Taxes; (f) local ordinances, ordinances and zoning laws and regulations or orders of municipal and/or other governmental authoritieslaws; (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; (jh) any recorded oil and/or gas lease, whether active or not; (ki) any rights, agreements, obligations, restrictions and/or regulations pertaining to the 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 Addendum Athe exhibits incorporated herein); (lk) 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) all easements, conditions, restrictions, reservations and/or other matters affecting the Property (except Liens, if any) appearing of record, including matters appearing of record and disclosed, identified or listed as exceptions in the Preliminary Title Evidence; (l) all matters (except Liens, if any) listed, disclosed or described in the Preliminary Title Evidence, whether or not referring to a recorded instrument; and (m) if this purchase consists of or includes any of Tracts 1, 2, 3 and/or 9, any matter referenced or shown in a Pre-Auction Survey.

Permitted Exceptions. As between Buyer and Seller, Buyer Xxxxx agrees to accept title, possession, the deed, any the title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception”; collectively the “Permitted Exceptions”): (a) existing roads, public utilities and drains; (b) visible and/or apparent uses and easements (and any utility easements serving the Property, whether or not visible or apparent)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 occupancy or occupancy line; (e) any lien for Taxes not yet due and payable; (f) local ordinances, ordinances and zoning laws and regulations or orders of municipal and/or other governmental authoritieslaws; (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; (jh) any recorded oil and/or gas lease, whether active or not; (ki) the provisions of this Agreement and any matter disclosed in this Agreement (including Addendum AExhibit B); and (l) all environmental issues; (mj) any right of way, easement, condition, covenant, condition, restriction and/or other matter reservation appearing of record and affecting the Property (except Liens, if any); and (n) 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 referenced in the Preliminary Title Evidence; provided, 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, Buyer agrees to accept title, possession, the deed, any 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 and/or apparent uses and easements (and any utility easements serving the Property, whether or not visible or apparent)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 occupancy or occupancy line and/or the encroachment of any existing use, structure or improvement over any boundary line; (ev) any lien for Taxes not yet due and payable; (fvi) local ordinances, ordinances and zoning laws and regulations or orders of municipal and/or other governmental authoritieslaws; (g) private building and use restrictions of record; (h) set back and building lines; (ivii) any outstanding reservations, severances and/or other rights with respect to Minerals; (jviii) any recorded oil and/or gas lease, whether active or not; (kix) the provisions of this Agreement and any matter disclosed in this Agreement (including Addendum Athe exhibits incorporated herein); (lx) 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) all easements, conditions, restrictions, reservations and/or other matters affecting the Property (except Liens, if any) appearing of record record; and disclosed(xi) all matters (except Liens, identified or listed as exceptions if any) referenced in the Preliminary 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. As between Buyer The Unit is being sold, and Sellershall be conveyed, Buyer agrees and Purchaser shall accept title to accept titlethe Unit, possession, the deed, any title insurance and any survey subject to and notwithstanding the following matters (each a “Permitted Exception”; collectively collectively, the “"Permitted Exceptions”): "): (a) existing roadsAny state of facts shown on (i) survey by Xxxx X. Xxxxxx-X.X. Xxxxxxx, public utilities Inc. dated August 1, 1974 and drains; redated by visual examination on February 14, 2007 and (ii) otherwise that an accurate survey would disclose; (b) visible and/or apparent uses All covenants, easements, reservations, restrictions, agreements and easements other title matters which (and any utility easements serving w) are set forth on Schedule A annexed hereto, (x) are provided for by this Agreement, (y) affect the Propertytitle of the Condominium to the Property or the Principal Unit, whether which were entered into, consented to, permitted or not visible suffered by the Board of Managers, Purchaser or apparent); the owner of the Retail Unit or (z) affected title to the Principal Unit (as defined in the Declaration) at the time Purchaser acquired the Principal Unit from Seller; (c) All grants, licenses or other rights (if any) existing pipelineson the date hereof in favor of any public or private utility company or governmental entity for, whether or not visible pertaining to, utilities, sewers, water mains or apparent and whether drainage at, upon or not appearing of record; serving the Property or any portion thereof; (d) rights and/or claims Any and all present and future laws, regulations, restrictions, requirements, ordinances, resolutions and orders (including, without limitation, any of the foregoing relating to zoning, building and environmental protection) (collectively, "Laws") as to the use, occupancy, subdivision or improvement of the Property adopted or imposed by any bureau, board, commission, legislature, department or other governmental body having jurisdiction over or affecting the Property; (e) All notations and/or notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by any governmental authority having jurisdiction over or affecting the Property (collectively, the "Violations"), and any liens arising from any variation between a deeded boundary line and a fence linesuch Violations, field line, ditch line or other visible occupancy or occupancy line; if any; (ef) any Any lien for Taxes real estate taxes, special assessments, business improvement district charges, water and sewer taxes, rents and charges, and other governmental charges and impositions assessed against the Unit, the General Common Elements or the Property which are not yet due and payable; (f) local ordinances, zoning laws and regulations payable or orders of municipal and/or other governmental authorities; which are being apportioned hereunder; (g) private building and use restrictions of record; The Declaration; (h) set back The special permits with respect to the Property approved by the New York City Planning Commission on November 26, 1969, and building lines; by the New York City Board of Estimate (CP-20877A), as modified by approval of the New York City Planning Commission on July 26, 1989 (M890491-ZSM), and a special permit approved by the New York City Planning Commission on June 20, 1990 (C-900605-ZSM) and by the New York City Board of Estimate (the "Special Permits"); (i) any outstanding reservationsAny other matter that would otherwise constitute an Objection (as defined in Section 7.03) and (i) that is (A) expressly consented to by Purchaser in writing, severances and/or other rights (B) waived in writing by Purchaser or (C) deemed waived by Purchaser pursuant to the terms of Section 7.01 or 7.03 or (ii) with respect to Minerals; which Chicago Title Insurance Company ("Title Company") certifies that it will insure, at no additional cost to Purchaser, title free of such (j) any recorded oil and/or gas leaseObjection or with affirmative insurance against the enforcement of such Objection against the Unit, whether active the Limited Common Elements appurtenant thereto or not; the Purchaser's interest in the Common Elements; (k) The standard printed exceptions appearing on the provisions of this Agreement and any matter disclosed in this Agreement (including Addendum A)title policy jacket issued by the Title Company; and (l) all environmental issues; (m) any easement, covenant, condition, restriction and/or other matter appearing Anything else that constitutes a Permitted Exception under the terms of record and affecting the Property (except Liens, if any); and (n) 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 Evidencethis Agreement.

Permitted Exceptions. As between Buyer Xxxxx and Seller, Buyer Xxxxx agrees to accept title, possession, the deed, any 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 and/or or apparent uses and easements (and any utility easements serving the Property, whether or not visible or apparent)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, ordinances and zoning laws and regulations or orders of municipal and/or other governmental authoritieslaws; (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 MineralsMinerals and/or water rights; (jh) any recorded oil and/or gas lease, whether active or not; (ki) 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 Addendum Athe exhibits incorporated herein); (lk) 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) all easements, conditions, restrictions, reservations and/or other matters affecting the Property (except Liens, if any) appearing of record record; and disclosed(l) all matters (except Liens, if any) listed, disclosed or identified or listed as exceptions in the Preliminary Title Evidence, whether or not referring to a recorded instrument.