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1164BATTLE NORTH LLC. DESCRIPTIONS: TRACT A: A parcel of land located in Sections 1, 2, 11 and 12 of Township 6 South, Range 81 West of the Sixth Principal Meridian and Section 36 of Township 5 South, Range 81 West of the Sixth Principal Meridian and consisting of the following parcels: Mineral Survey 20712 - Treasury Vault Mill Site, Mineral Survey 20712 - Gold Star Mill Site, H.E.S. 41, Mineral Survey 20745 - Mars Mill Site; along with those portions of the following parcels situated westerly of the western right-of-way for U.S. Highway 24 as described in the Boundary Agreement recorded July 27, 2018 at reception number 201812787 and westerly of the western right-of-way for the Union Pacific Railroad as described in the D&RGW Right -of -Way and Track Map dated June 30, 1919: Nelson Addition (Book 131 Page 76), H.E.S. 46, Mineral Survey 19500 - Brooklyn Placer, Mineral Survey 20043 - May No. 5 Lode, Mineral Survey 20257 - May No. 14 and May No. 15, Mineral Survey 20461 - Ruby Lode, H.E.S. 40 and Mineral Survey 19856 - River Bend Mill Site; and excepting the parcel described in Book 380 Page 574; being more particularly described as follows: Beginning at the Southwesterly corner of a parcel of land described in Book 131 page 76 said point also being the Southwest corner of said Section 36 being a 2-1/2 inch GLO Brass Cap found in place whence the South Quarter corner of said Section 36 being a 2-1/2 inch GLO Brass Cap found in place bears N 89'58'35" E a distance of 2,694.09 feet; thence the following five courses along the northwesterly boundary of said parcel described in Book 131 page 76: 1 . N 00'20'54" W a distance of 99.96 feet along the west line of said Section 36; 2. thence N 28'1 3'1 8" E a distance of 715.35 feet; 3. thence N 57'23'50" E a distance of 557.58 feet; 4. thence N 70'47'50" E a distance of 762.18 feet; 5. thence N 89*56'50" E a distance of 491.16 feet to a point on said westerly right-of-way of U.S. Highway 24; thence the following four courses along said westerly right-of-way of U.S. Highway 24: 1 . 57.85 feet along the arc of a non tangent curve to the left having a radius of 756.30 feet, a central angle of O4o22'58", and the chord bears S30'36'24" E a distance of 57.84 feet; 2. thence S 32'47'53" E a distance of 199.00 feet; 3. thence 228.45 feet along the arc of a non tangent curve to the right having a radius of 2,825.00 feet, a central angle of 04'38'00", and the chord bears S 30'28'53" E a distance of 228.39 feet; 4. thence S 28'09'53" E a distance of 895.89 feet to a point on the easterly boundary of said parcel described in Book 131 page 76; thence along said easterly boundary S 00'1 0'02" W a distance of 77.04 feet to the South Quarter corner of said Section 36 being a 2-1/2 inch GLO Brass Cap found in place said point also being Angle Point 1 of Homestead Entry Survey (H.E.S.) No. 46, Township 6 South, Range 81 West of the Sixth Principal Meridian; thence along line 1-2 of said H.E.S. No. 46 S 89'38'32" E a distance of 41.61 feet to a point on said westerly right-of-way of U.S. Highway 24; thence the following two courses along said westerly right-of-way of U.S. Highway 24: 1 . S 28'09'53" E a distance of 149.51 feet; 2. thence S 27'31'53" E a distance of 807.36 feet to a point on line 1-2 of Homestead Entry Survey (H.E.S.) No. 40 Township 6 South, Range 81 West of the Sixth Principal Meridian; thence along said line 1-2 of H.E.S. No. 40 S 21'451 5" E a distance of 1,161.84 feet to a point on line 1-2 of Mineral Survey 20461 "Ruby Lode"; thence along said linel -2 of Mineral Survey 20461 "Ruby Lode" N 59o2l'27" E a distance of 100.96 feet to a point on said westerly right-of-way of U.S. Highway 24; thence the following six courses along said westerly right-of-way: 1 . S 24'22'53" E a distance of 31.22 feet: ' 2. thence 76.61 feet along the arc of a tangent curve to the left having a radius of 800.00 feet, a central angle of 05'29'1 3", and the chord bears S 27'07'29" E a distance of 76.58 feet; thence 75.27 feet along the arc of a tangent curve to the right having a radius of 800.00 feet, a central angle of 05o23'27", and the chord bears S 3. 271 0'22" E a distance of 75.24 feet; 4. S 24'28'38" E a distance of 57.1 0 feet; 5. S 24'28'38" E a distance of 79.86 feet; 6. thence 436.38 feet along the arc of a non tangent curve to the right having a radius of 91 5.00 feet, a central angle of 27'1 9'32", and the chord bears S 10'48'52" E a distance of 432.26 feet to a point on line 2-3 of said Mineral Survey 20461 "Ruby Lode"; thence along said 2-3 line of Mineral Survey 20461 "Ruby Lode" N 53'55'33" W a distance of 74.99 feet to a point on said line 1-2 of H.E.S. No. 40; thence along said line 1-2 of H.E.S. No. 40 S 21'45'1 5" E a distance of 140.75 feet to a point on said westerly right-of-way of U.S. Highway 24; thence the following six courses along said westerly right-of-way of U.S. Highway 24: 1 . 262.58 feet along the arc of a non tangent curve to the right having a radius of 915.00 feet, a central angle of 16'26'33", and the chord bearsS16'31'05" W a distance of 261.68 feet; 2. thence S 24'44'22" W a distance of 216.35 feet; 3. thence S 35'45'52" W a distance of 205.41 feet; 4. thence S 14'36'41 " W a distance of 532.15 feet; 5. thence S 0 1 '1 5'08" E a distance of 429.27 feet; 6. thence S 01'25'41" W a distance of 268.53 feet to a point on line 3-4 of said H.E.S. No. 40; thence along said 3-4 line of H.E.S. No. 40 S 33'56'45" W a distance of 246.93 feet to Angle Point 4 of said H.E.S. No. 40 said point also being Angle Point 8 of Homestead Entry Survey (H.E.S.) No. 41, Township 6 South, Range 81 West of the Sixth Principal Meridian; thence along line 7-8 of said H.E.S. No. 41 S 08'01'50" E a distance of 682.50 feet to Angle Point 8 of Mineral Survey 19856 "River Bend Mill Site"; thence along line 8-9 of said Mineral Survey 19856 "River Bend Mill Site" N 73'03'36" E a distance of 114.40 feet to Angle Point 9 of said Mineral Survey 19856 "River Bend Mill Site"; thence along line 1-9 of said Mineral Survey 19856 "River Bend Mill Site" N 00'06'36" E a distance of 101.02 feet to a point on the southwesterly right-of-way of U.S. Highway 24; thence along said southwesterly right-of-way of U.S. Highway 24, S 55000'36" E a distance of 95.06 feet to a point on line 3-4 of said Mineral Survey 19856 "River Bend Mill Site"; thence along said line 3-4 of Mineral Survey 19856 "River Bend Mill Site" S 1 1 o05'59" W a distance of 246.97 feet to a point on line 1-2 of Mineral Survey 20257 "May No. 14"; thence along said line 1-2 of Mineral Survey 20257 "May No. 14" N 38'38'30" E a distance of 23.65 feet to a point on the westerly right-of-way of Union Pacific Railroad as described in D&RGW Right -of -Way and Track Map dated June 30, 1919; thence the following four courses along said westerly right-of-way of Union Pacific Railroad, said right-of-way being parallel to and offset 50 -feet westerly from the centerline of the main line of said Union Pacific Railroad: I . S 14'36'28" W a distance of 130.66 feet; 2. thence 299.94 feet along the arc of a tangent curve to the right having a radius of 29,800.64 feet, a central angle of 00034'36", and the chord bears S 14'53'46" W a distance of 299.94 feet; 3. thence 346.51 feet along the arc of a tangent curve to the right having a radius of 1,687.09 feet, a central angle of 1 1'46'05", and the chord bears S21'04'06" W a distance of 345.90 feet; 4. thence 1 1 7.33 feet along the arc of a tangent curve to the right having a radius of 2,298.64 feet, a central angle of 02'55'28", and the chord bears S 28'24'53" W a distance of 1 1 7.33 feet to a point on the 5-6 line of the unpatented Astor -Eureka Placer as described in the Location Certificate recorded in Book 8 Page 77; Thence the following seven courses along said westerly right-of-way of the Union Pacific Railroad as described: 1 . thence along said 5-6 line S 89'1 0'02" W a distance of 66.59 feet to the westerly right-of-way of said Union Pacific; 2. thence along the westerly right-of-way of said Union Pacific S 30'39'47" W a distance of 22.42 feet to the 6-1 line of said Astor -Eureka Placer, said right-of-way being along a line parallel to and offset 82.00 feet westerly from the centerline of the mainline of said Union Pacific Railroad; 3. thence along the 6-1 line of said Astor -Eureka Placer S 00'49'58" E a distance of 109.10 feet; 4. thence S 30'39'47" W a distance of 884.09 feet along a line which is parallel to and offset 25.00 feet westerly from the centerline of the main line of said Union Pacific Railroad to a point on the 1-2 line of the unpatented Henry Clay Lode as described in the Location Certificate recorded in Book 7 Page 298; 5. thence along said 1-2 line N 13'07'52" W a distance of 39.09 feet; 6. thence 37.95 feet along the arc of a non tangent curve to the left having a radius of 836.49 leet, a central angle of 02035'59", and the chord bears S 13'13'46" W a distance of 37.95 feet, said curve being parallel to and offset 100.00 -feet westerly from the centerline of the eastern corridor of said Union Pacific Railroad; 7. thence 47.98 feet along the arc of a tangent curve to the left having a radius of 3,919.72 feet, a central angle of 00'42'05", and the chord bears S 1 1'34'45" W a distance of 47.98 feet, said curve being parallel to and offset 1 00.00 -feet westerly from the centerline of the eastern corridor of said Union Pacific Railroad; Thence the following five courses along said westerly right-of-way of the Union Pacific Railroad, said right-of-way being parallel to and offset 25.00 feet westerly from the centerline of the western corridor of said Union Pacific Railroad: 1. thence S 30'39'47" W a distance of 44.76 feet; 2. thence 141.71 feet along the arc of a tangent curve to the left having a radius of 4,816.15 feet, a central angle of 01 '41'09", and the chord bears S 29'49'1 3" W a distance of 141.71 feet; 3. thence 577.96 feet along the arc of a tangent curve to the left having a radius of 873.26 feet, a central angle of 37'55'1 3", and the chord bears S l 0'01'01" W a distance of 567.46 feet; 4. thence 132.72 feet along the arc of a tangent curve to the left having a radius of 2,684.59 feet, a central angle of 02'49'57", and the chord bears S 1 0'21'34" E a distance of 132.70 feet; 5. thence S 1 1'46'32" E a distance of 338.53 to a point on line 5-6 of Mineral Survey 19500 "Brooklyn Placer"; thence along said line 5-6 of Mineral Survey 19500 "Brooklyn Placer" N 16'1 1'23" W a distance of 982.56 feet to Angle Point 6 of said Mineral Survey 19500 "Brooklyn Placer"; thence along line 6-7 of said Mineral Survey 19500 "Brooklyn Placer" N 12'07'1 0" W a distance of 494.47 feet to Angle Point 3 of Mineral Survey 20745 "Mars Mill Site"; thence along line 2-3 of said Mineral Survey 20745 "Mars Mill Site" N 45'47'44" W a distance of 1,091.01 feet to Angle Point 2 of said Mineral Survey 20745 "Mars Mill Site" said point also being on line 5-6 of said H.E.S. No. 41; thence the following five courses along said H.E.S. No. 41: 1. thence along line 5-6 N 79'06'56" W a distance of 2,661.26 feet to Angle Point 5; 2. thence along line 4-5 N 38'40'30" W a distance of 385.83 feet to Angle Point 4; 3. thence along line 3-4 N 44'1 535" E a distance of 992.47 feet to Angle Point 3; 4. thence along line 2-3 S 82'1 5'42" E a distance of 1,508.05 feet to Angle Point 2; 5. thence along line 1-2 N 39'24'50" E a distance of 1, 1 04.62 feet to Angle Point 1 said point also being Angle Point 5 of H.E.S. No. 40; thence the following two courses along said H.E.S. No. 40: 1 . thence along line 5-6 N 23'21'23" E a distance of 1,564.21 feet to Angle Point 6; 2. thence along line 6-7 N 25'1 0'25" W a distance of 707.61 feet to Angle Point 2 of Mineral Survey 20712 "Gold Star Mill Site"; thence along line 2-3 of said Mineral Survey 20712"Gold Star Mill Site" N 67'56'00" W a distance of 967.24 feet to Angle Point 3 of said Mineral Survey 20712 "Gold Star Mill Site" said point also being Angle Point 3 of Mineral Survev 20712 "Treasury Vault Mill Site"; thence along line 3-4 of said Mineral Survey 20712 "Treasury Vault Mill Site" N 67'56*00" W a distance of 403.1 0 feet to Angle Point 4 of said Mineral Survey 20712 "Treasury Vault Mill Site" said point also being on line 3-4 of said H.E.S. No. 46; thence along line 3-4 of said H.E.S. No. 46 N 69'1 2'00" E a distance of 553.58 feet to a point on a parcel described in Book 380 Page 574; thence the following four courses along the easterly boundary of said parcel described in Book 380 Page 574: 1 . N 34'1 T20" E a distance of 269.23 feet; 2. thence N 33'47'30" W a distance of 346.69 feet; 3. thence N 59'40*30" W a distance of 743.48 feet; 4. thence N 00'1 550" E a distance of 459.1 1 feet to a point on line 1-7 of said H.E.S. No. 46 said point also being on the South line of said Section 36; thence along said line 1-7 of H.E.S. No. 46 S 89'58'35" W a distance of 420.19 feet to the point of beginning, Tract A containing 454.34 acres more orless. TRACT B: A parcel of land located in Section 1 of Township 6 South, Range 81 West of the Sixth Principal Meridian and consisting of that portion of Mineral Survey 20461 Ruby and Sapphire Lodes situated easterly of the eastern right-of-way for U.S. Highway 24 as described in the Boundary Agreement recorded July 27, 2018 at reception number 201812787 and westerly of the western right-of-way of the Union Pacific Railroad as described in D&RGW Right -of -Way and Track Map dated June 30, 1919; being more particularly described as follows: Beginning at a point on the 1-2 line of Mineral Survey 20461 Sapphire Lode and the intersection of the western right-of-way of the Union Pacific Railroad whence the Southwest corner of said Section 36 being a 2-1/2 inch GLO Brass Cap bears N 65038'07" W a distance of 4,268.70 feet; thence the following three courses along said west right-of-way of the Union Pacific Railroad: I . S 19'1 Tl 5" E a distance of 625.71 feet; 2. 147.39 feet along the arc of a tangent curve to the right having a radius of 3365.06 feet, a central angle of 02'30'34", and the chord bears S 17'57'58" E a distance of 147.37 feet; 3. 301.02 feet along the arc of a tangent curve to the right having a radius of 1,286.60 feet, a central angle of 13'24'1 9", and the chord bears S 1 0'00'31 " E a distance of 300.34 feet to a point on the 2-3 line of said Mineral Survey 20461 Ruby Lode; thence along said 2-3 line of Mineral Survey 20461 Ruby Lode N 53'55'33" W a distance of 246.47 feet to a point on the easterly right-of-way of U.S. Highway 24; thence the following five courses along said easterly right-of-way of U.S. Highway 24: 1. 526.06 feet along the arc of a non tangent curve to the left having a radius of 994.91 feet, a central angle of 30'1 T42", and the chord bears N 09'1 9'47" W a distance of 519.95 feet; 2. N 24'28'38" W a distance of 137.00 feet; 3. 82.80 feet along the arc of a tangent curve to the left having a radius of 880.00 feet, a central angle of 05'23'27", and the chord bears N 27'1 0'22" W a distance of 82.77 feet; 4. 68.95 feet along the arc of a tangent curve to the right having a radius of 720.00 feet, a central angle of 05'29'1 3", and the chord bears N 27'07'29" W a distance of 68.92 feet; 5. N 24'22'53" W a distance of 40.00 feet to a point on the 1-2 line of Mineral Survey 20461 Ruby Lode; thence along saidl-2 line of Mineral Survey 20461 Ruby Lode N 59'21'27" E a distance of 86.36 feet to corner number 1 of Mineral Survey 20461 Ruby Lode said point also being corner number 1 of Mineral Survey 20461 Sapphire Lode; thence along the 1-2 line of said Mineral Survey 20461 Sapphire Lode N 59'21'07" E a distance of 55.86 feet to the point of beginning, Tract B containing 2.81 acres more or less. TRACT C: A parcel of land located in Section 1 of Township 6 South, Range 81 West of the Sixth Principal Meridian and consisting of that portion of Homestead Entry Survey (H.E.S.) 40 and Mineral Survey 20461 Puritan Lode situated easterly of the eastern right-of-way for U.S. Highway 24 as described in the Boundary Agreement recorded July 27, 2018 at reception number 201812787 and westerly of the western right-of-way for Union Pacific Railroad, being more particularly described as follows: Beginning at Corner No. 2 of said H.E.S. 40, whence the Southwest corner of said Section 36 being a 2-1/2 inch GLO Brass Cap bears N 52'43'19" W a distance of 5,128.97 feet; thence along the 2-3 line of said H.E.S. 40 S 20012'45" W a distance of 192.30 feet to a point on thel-2 line of Mineral Survey 20461 Puritan Lode; thence along said 1-2 line of said Mineral Survey 20461 Puritan Lode N 59'22'30" E a distance of 155.38 feet to a point on the western right-of-way of the Union Pacific Railroad as described in D&RGW Right -of -Way and Track Map dated June 30, 1919; thence along said western right-of-way of the Union Pacific Railroad the following two courses: 1 . 26.42 feet along the arc of a non tangent curve to the right having a radius of 2408.63 feet, a central angle of 00'37'43", and the chord bears S 1 4'03'37" W a distance of 26.42 feet; 2. 184.39 feet along the arc of a tangent curve to the right having a radius of 58445.82 feet, a central angle of 00'1 0'51 ", and the chord bears S14'27'54" W a distance of 184.39 feet to a point on the 2-3 line of the Mineral Survey 20461 Puritan Lode; thence along said 2-3 line of the Mineral Survey 20461 Puritan Lode N 45'06'44" W a distance of 131.43 feet to the 2-3 line of said H.E.S. 40; thence along said 2-3 line of said H.E.S. 40 S 20'1 245" W a distance of 927.03 feet to a point on the eastern right-of-way of U.S. Highway 24; thence the following four courses along said eastern right-of-way of U.S. Highway 24: 1 � N 01'30'38" W a distance of 546.66 feet; 2. 309.80 feet along the arc of a tangent curve to the right having a radius of 676.20 feet, a central angle of 26'1 600", and the chord bears N 1 1'36'52" E a distance of 307.1 0 feet; 3. N 24'44'22" E a distance of 422.47 feet; 4. 160.49 feet along the arc of a non tangent curve to the left having a radius of 994.91 feet, a central angle of 09'14'33", and the chord bears N 20'07'14" E a distance of 160.32 feet to a point on the 1-2 line of said H.E.S. 40; thence along said 1-2 line of said H.E.S. 40 S 21 o45'1 5" E a distance of 321.76 feet; to the point of beginning, Tract C containing 5.57 acres more or less. TRACT D: A parcel of land located in Section 1 of Township 6 South, Range 81 West of the Sixth Principal Meridian and consisting of that portion of Mineral Survey 19856 - River Bend Mill Site situated easterly of the eastern right-of-way for U.S. Highway 24 as described in the Boundary Agreement recorded July 27, 2018 at reception number 201812787 being more particularly described as follows: Beginning at Corner No. 2 of said River Bend Mill Site, being a 2-1/2" U.S.D.A. Aluminum Cap marked "2 MS 19856 LS7235 1988", whence the Southwest corner of said Section 36 being a 2-1/2 inch GLO Brass Cap bears N 40'38'51" W a distance of 5,894.14 feet; thence along the 2-3 line of said River Bend Mill Site S 15'52'59" W a distance of 381.86 feet to a point on the eastern right-of-way of U.S. Highway 24; thence the following four courses along the easterly right-of-way of U.S. Highway 24: 1 . 82.50 feet along the arc of a non tangent curve to the right having a radius of 646.20 feet, a central angle of 07'1 8'55", and the chord bears N05'10'06" W a distance of 82.45 feet; 2. N 01'30'38" W a distance of 282.09 feet; 3. S 88'29'22" W a distance of 30.00 feet; 4. N 01'30'38" W a distance of 4.26 feet to a point on the 1-2 line of said River Bend Mill Site; thence S 89'53'21 " E a distance of 149.47 feet along said 1-2 line of said River Bend Mill Site to the point of beginning, Tract D containing 0.52 acres more or less. TRACT E: A parcel of land located in Sections 1, 1 1 and 12 of Township 6 South, Range 81 West of the Sixth Principal Meridian and consisting of that portion of Mineral Surveys 2367 John C. Godfrey, 5712 Rosa M. and Peru Lodes, 19500 Brooklyn Placer Lode, 19960 General Pershing Lode, 20043 May No. 5 Lode, 20257 May Nos. 13, 14, 15, 1 Have It and Lincoln Highway Lodes, 20292 Big Timber and St. Patrick Lodes, 20293 Cave Lode, and 20461 May Nos. 4 and 16 Lodes situated westerly and southerly of the western right-of-way for U.S. Highway 24 as described in the Boundary Agreement recorded July 27, 2018 at reception number 201812787 and easterly of the easternmost right-of-way for Union Pacific Railroad, being more particularly described as follows: Beginning at Corner No. 2 of said Cave Lode from whence the Southwest corner of Section 36, Township 5 South, Range 81 West of the 6th P.M., being a 2-1/2 inch GLO Brass Cap found in place bears N 20'54'1 8" W a distance of 10659.37 feet; thence feet along the 2-3 line of said Cave Lode N 45'07'27" W a distance of 356.25 to a point on the eastern right-of-way for the Union Pacific Railroad; thence along said eastern right-of-way for the Union Pacific Railroad the following five courses: 1 . N 77'36'39" E a distance of 20.62 feet along the southern boundary of the unpatented Cleveland No. 2 Lode; 2. N 18'04'49" W a distance of 301.49 feet along a line which is parallel to and offset 1 00 -feet easterly from the centerline of the eastern corridor of said Union Pacific Railroad; 3. S 77'36'39" W a distance of 75.37 feet along line 2-3 of said Peru Lode; 4. N 18'04'49" W a distance of 600.75 feet along a line which is parallel to and offset 25 -feet easterly from the centerline of the eastern corridor of said Union Pacific Railroad: 5. N 77'36'39" E a distance of 75.37 feet along the 6-7 line of said Rosa M Lode to a point on the eastern right-of-way for the Union Pacific Railroad, said point being on a line offset 1 00 -feet easterly from the centerline of the eastern corridor of said Union Pacific Railroad; Thence continuing along the 6-7 line of said Rosa M Lode N 77'36'39" E a distance of 21.52 feet to Corner No. 3 of said St. Patrick Lode; thence N 17'1 1'1 6" W a distance of 2.67 feet along the 2-3 line of said St. Patrick Lode to Corner No. 3 of said Brooklyn Placer; thence S 76'33'32" W a distance of 21.53 feet along the 3-4 line of said Brooklyn Placer to a point on the eastern right-of-way for the Union Pacific Railroad, said point being 100 -feet easterly from the centerline of the eastern corridor of said Union Pacific Railroad; thence along said eastern right-of-way for the Union Pacific Railroad the following twenty-two courses: 1 . N 18'04'49" W a distance of 299.21 feet along a line which is parallel to and offset 100 -feet easterly from the centerline of the eastern corridor of said Union Pacific Railroad; ented No. 33 Lode; 2. S 77'36'39" W a distance of 50.25 feet along the northerly boundary of the unpat 3. N 18'04'49" W a distance of 723.16 feet along a line which is parallel to and offset 50 -feet easterly from the centerline of the eastern corridor of said Union Pacific Railroad; 4. 135.32 feet along the arc of a tangent curve to the right having a radius of 2434.1 0 feet, a central angle of 03'1 1'07, and the chord bears N 16'29'1 5" W a distance of 135.30 feet, said curve being parallel to and offset 50 -feet easterly from the centerline of the eastern corridor of said Union Pacific Railroad; 5. 150.44 feet along the arc of a tangent curve to the right having a radius of 553.78 feet, a central angle of 15'33'54", and the chord bears N 07'06'45" W a distance of 149.98 feet said curve being parallel to and offset 50 -feet easterly from the centerline of the eastern corridor of said Union Pacific Railroad; 6. N 13'07'52" W a distance of 81.85 feet along the westerly boundary of the unpatented Henry Clay Lode; 7. 244.56 feet along the arc of a non tangent curve to the right having a radius of 3794.72 feet, a central angle of 03'41'33", and the chord bears N 10'05'01" E a distance of 244.52 feet, said curve being parallel to and offset 25 -feet easterly from the centerline of the eastern corridor of said Union Pacific Railroad; 8. 226.02 feet along the arc of a tangent curve to the right having a radius of 711.48 feet, a central angle of 18'12'05", and the chord bears N 21 '01'50" E a distance of 225.07 feet, said curve being parallel to and offset 25 -feet easterly from the centerline of the eastern corridor of said Union Pacific Railroad; 9. N 76'52'08" E a distance of 48.45 feet along the northerly boundary of the unpatented Henry Clay Lode; f said Union 10. N 30'39'47" E a distance of 58.25 feet along a line which is parallel to and offset 75 -feet easterly from the centerline of the main line o Pacific Railroad; 11. S 82'41'41" W a distance of 63.42 feet along the southerly boundary of the unpatented San Louis Lode; 12. N 30'39'47" E a distance of 190.27 feet along a line which is parallel to and offset 25 -feet easterly from the centerline of the main line of said Union Pacific Railroad; 13. N 82'41'41 " E a distance of 63.42 feet along the northerly boundary of the unpatented San Louis Lode: 1 14. N 30'39'47" E a distance of 184.78 feet along a line which is parallel to and offset 75 -feet easterly from the centerline of the main line of said Union Pacific Railroad; 15. S 00'49'58" E a distance of 82.31 feet along the westerly boundary of the unpatented Astor Eureka Placer claim; 16. N 30'39*47" E a distance of 352.1 0 feet along a line which is parallel to and offset 1 1 8 -feet easterly from the centerline of the main line of said Union Pacific Railroad; 17. 117.60 feet along the arc of a tangent curve to the left having a radius of 2441.64 feet, a central angle of 02'45'34", and the chord bears N 29'17'00" E a distance of 11 7.59 feet, said curve being parallel to and offset 118 -feet easterly from the centerline of the main line of said Union Pacific Railroad; 18. S 89'1 0'02" W a distance of 49.17 feet along the southerly boundary of the unpatented Astor Eureka Placer claim; g a radius of 2398.64 feet, a central angle of 01'30'57", and the chord bears N 19. 63.46 feet along the arc of a non tangent curve to the left havin 27'42'37" E a distance of 63.46 feet, said curve being parallel to and offset 75 -feet easterly from the centerline of the main line of said Union Pacific Railroad; 20. 367.05 feet along the arc of a tangent curve to the left having a radius of 1787.09 feet, a central angle of 1 1 '46'05", and the chord bears N 21'04'06" E a distance of 366.41 feet, said curve being parallel to and offset 75 -feet easterly from the centerline of the main line of said Union Pacific Railroad; 21. 300.95 feet along the arc of a tangent curve to the left having a radius of 29900.64 feet, a central angle of 00034'36", and the chord bears N 14'53'46" E a distance of 300.95 feet, said curve being parallel to and offset 75 -feet easterly from the centerline of the main line of said Union Pacific Railroad; 22. N 14'36'28" E a distance of 309.21 feet along a line which is parallel to and offset 75 -feet easterly from the centerline of the main line of said Union Pacific Railroad to a point on said western right-of-way of U.S. Highway 24; thence the following nineteen courses along said western right-of-way of U.S. Highway 24: � . S 55'00'36" E a distance of 299.1 0 feet; 1 2. N 56'45'57" E a distance of 216.37 feet; 3. N 29'39'07" E a distance of 275.58 feet; 4. N 02'26'21 " E a distance of 269.62 feet; 5. N 37'48'55" E a distance of 427.27 feet; 6. S 61'41'50" E a distance of 114.28 feet; 7. S 16'35'49" W a distance of 567.34 feet; 8. S 48'39'59" W a distance of 175.60 feet; 9. S 09'52'34" W a distance of 532.21 feet; 10. S 47'54'05" W a distance of 673.50 feet; 11. S 16'36'56" W a distance of 631.44 feet; 12. S 42'50'33" E a distance of 206.37 feet; 13. S 1 0'21'25" E a distance of 389.77 feet; 14. S 47'30'31" E a distance of 350.91 feet; 15. S 13'25'37" E a distance of 237.62 feet; 16. S 47'1 623" W a distance of 356.18 feet; 17. S 16'21'06" W a distance of 394.80 feet; 18. S 06'53'1 9" E a distance of 612.04 feet; 19. S 22'20'58" E a distance of 832.28 feet to a point on the 1-2 line of said Cave Lode; thence along said 1-2 line of Cave Lode, S 77'36'39" W a distance of 363.34 feet to the point of beginning. Tract E containing 71.84 acres more or less. TRACT F: A parcel of land located in Sections 1 1 and 12 of Township 6 South, Range 81 West of the Sixth Principal Meridian and consisting of that portion of Mineral Survey 19500 Brooklyn Placer situated easterly of the eastern right of way of the western corridor and westerly of the western right-of-way of the eastern corridor for the Union Pacific Railroad, being more particularly described as follows: Beginning at a point on said western right-of-way of the eastern corridor for the Union Pacific Railroad, said point being on a line offset 50 -feet westerly from the centerline of the eastern corridor of said Union Pacific Railroad, whence the Southwest corner of Section 36, Township 5 South, Range 81 West of the 6th P.M., being a 2-1/2 inch GLO Brass Cap found in place bears N 20'06'1 3" W a distance of 8,054.90 feet; thence along said western right-of-way of the eastern corridor the following three courses, said right-of-way being parallel to and offset 50 -feet westerly from the centerline of the eastern corridor of said Union Pacific Railroad: 1 . 214.72 feet along the arc of a non tangent curve to the left having a radius of 653.78 feet, a central angle of 18'49'04", and the chord bears S 05'29'1 0" E a distance of 213.76 feet; 2. 140.88 feet along the arc of a tangent curve to the left having a radius of 2534.1 0 feet, a central angle of 03'1 V07", and the chord bears S 16'29'1 5" E a distance of 140.86 feet; 3. S 18'04'49" E a distance of 1014.66 feet to a point on the 4-5 line of said MS 19500 Brooklyn Placer; thence along said 4-5 line of said MS 19500 Brooklyn Placer, S 77o39'37" W a distance of 300.62 feet to the eastern right-of-way of the western corridor for the Union Pacific Railroad; thence along the eastern right-of-way of the western corridor for the Union Pacific Railroad the following five courses, said right-of-way being parallel to and offset 25 -feet easterly from the centerline of the western corridor of said Union Pacific Railroad: 1 . 193.66 feet along the arc of a non tangent curve to the right having a radius of 788.65 feet, a central angle of 14'04'1 0", and the chord bears N 23'1 0'39" W a distance of 193.17 feet; 2. 124.90 feet along the arc of a tangent curve to the right having a radius of 1638.73 feet, a central angle of 04'22'01", and the chord bears N 13'57'33" W a distance of 124.87 feet; 3. N 1 1'46'32" W a distance of 509.04 feet; 4. 130.25 feet along the arc of a tangent curve to the right having a radius of 2634.59 feet, a central angle of 02'49'57", and the chord bears N 10'21'34" W a distance of 130.23 feet; 5. 502.96 feet along the arc of a tangent curve to the right having a radius of 823.26 feet, a central angle of 3500013", and the chord bears N 08'33'32" E a distance of 495.17 feet; thence S 63'56'22" E a distance of 86.97 feet; to the point of beginning. Tract F containing 8.01 acres more or less. TRACT G: A parcel of land located in Section 1 1 of Township 6 South, Range 81 West of the Sixth Principal Meridian and consisting of that portion of Mineral Survey 19500 Brooklyn Placer situated westerly of the western right-of-way of the western corridor for the Union Pacific Railroad, being more particularly described as follows: Beginning at the intersection of the 5-6 line of said MS 19500 Brooklyn Placer and said western railroad right-of-way whence the Southwest corner of Section 36, Township 5 South, Range 81 West of the 6th P.M., being a 2-1/2 inch GLO Brass Cap found in place bears N 17020'46" W distance of 9,365.21 feet; thence along the western right-of-way of the western corridor for the Union Pacific Railroad 14.46 feet along the are of a non tangent curve to the left having a radius of 838.65 feet, a central angle of 00059'17", and the chord bears S 28037'12" E a distance of 14.46 feet, said right-of-way being parallel to and offset 25 -feet westerly from the centerline of the western corridor of said Union Pacific Railroad, to a point on the 4-5 line of said MS 19500 Brooklyn Placer; thence along said 4-5 line of said MS 19500 Brooklyn Placer S 77'39'37" W a distance of 3.12 feet to corner number 5 of said MS 19500 Brooklyn Placer; thence along the 5-6 line of said MS 19500 Brooklyn Placer N 16'1 V23" W a distance of 13.91 feet to the point of beginning. Tract G containing 21 square feet or 0.0005 acres more or less. TRACT H: A parcel of land located in Section 12 of Township 6 South, Range 81 West of the Sixth Principal Meridian and consisting of that portion of Mineral Surveys 5712 Peru Lode and Rosa M. Lode situated westerly of the western right-of-way for the eastern corridor for the Union Pacific Railroad, being more particularly described as follows: Beginning at corner number two of said MS 5712 Peru Lode, whence the Southwest corner of Section 36, Township 5 South, Range 81 West of the 6th P.M., being a 2-1/2 inch GLO Brass Cap found in place bears N 19'14'39" W a distance of 10,01 3.77 feet; thence along the 1-2 line of said MS 5712 Peru Lode N 12'33'49" W a distance of 298.89 feet to corner numbers 1 and 5 of said MS 5712 Peru and Rosa M. Lodes. thence along the 5-6 line of said MS 5712 Rosa M. Lode N 12'33'49" W a distance of 277.96 feet to a point on the western right-of-way for the eastern corridor for the Union Pacific Railroad, said right of way being parallel to and offset 25 -feet westerly from the centerline of the eastern corridor of said Union Pacific Railroad; thence said MS 5712 Peru Lode; thence along said 2-3 line of MS 5712 Peru Lode S 77o36'39" W a distance of 55.73 feet to the point of beginning Tract H containing 0.37 acres more or less. The total area of the eight parcels that comprise the North Property is 543.47 acres more or less. SURVEY NOTES: I . The bearings shown hereon are based on a bearing of N 89'58'35" E along the South line of Section 36, Township 5 South, Range 81 West of the 6th Principal Meridian as measured between the Southwest corner of said Section 36 being a 2-1/2 inch GLO Brass Cap found in place and the South Quarter corner of said Section 36 being a 2-1/2 inch GLO Brass Cap found in place. The measured distance between the Southwest corner and the South Quarter corner of said Section 36 is 2,694.09 feet. 2. The unit of measure for this survey is the U.S. Survey Foot. 3. The field measurements and observations for this survey were performed between June 1, 2011 and August 21, 2018. 4. The Highway 24 Right of Way depicted hereon is based on the Colorado Department of Transportation U.S. Highway 24 Boundary Agreement approved July 20, 2018 and recorded in the Eagle County Clerk and Recorder's office July 27, 2018 at reception number 201812787, which amends FAP 292-B revised plat date January 29, 1929, FAP 78-R Right of Way Map No. 1A revised plat date September 11, 1929, FAP No. BRIF 024-1(24) revised plat date July 28, 1989, FAP No. 78(2) revised plat date July 10, 1939, and FAP No. 182-A(2) revised plat date September 29, 1939. 5. This survey is based on a Title Commitment prepared by Title Company of the Rockies, Inc. dated December 14, 2004, Order No. 0803776B-0, Policy Number J2048940, Name of Insured: Ginn Battle North, LLC, a Georgia limited liability company. 6. The Title Commitment referenced above includes a legal description for the property. That legal description does not include MS 20461 Puritan and Sapphire Lodes which are believed to be owned by the client and are therefore included in this survey. 7. Portions of the property boundary depicted and described on this survey are based on the bounclary of the following U.S. Mineral Surveys and Homestead Entry Surveys (H.E.S). The record boundary for each Mineral Survey or H.E.S. parcel is based on the plat for each parcel as filed with the U.S. Surveyor General's Office and currently on record with U.S. Department of Interior - Bureau of Land Management: U.S. Mineral Survey Number Mineral Survey Names(s) Date of Approval by the U.S. Surveyor General's Office Mineral Claim Patent Date 2367 John C. Godfrey March 29, 1882 July 28, 1883 — 5712 Peru April 15, 1889 September 18, 1891 5712 Rosa M. April 15, 1889 September 18, 1891 19500 Brooklyn Placer May 19, 1915 November 18, T91-6 19960 General Pershing March 29, 1918 March 16, 1921 . 19856 River Bend Mill Site March 29, 1919 July 27, 1920 20043 May No. 5 July 16, 1920 February 19, 1926 20257 May Nos. 13,14,15, 1 Haw It & Lincoln Hwy. February 25, 1924 January 21, 1926 20292 St. Patrick & Big Timber February 19, 1925 March 31, 1926 0 April 3, 1925 March 31, 1926 2NO461 Puritan, Ruby, Sapphire, & May Nos. 4 & 16 0 1 March 23, 1931 March 25, 1932 2 � 7 1 2 Treasury Vault Mill Site, Goldstar Mill Site August 1 1, 1948 March 21, 1950. , , � , 20745 Mars Mill Site November 2, 1951 March 3, 1954 Homestead Entry Survey (H.E.S.) 40 1 June 10, 1911 March 7, 1912 Homestead Entry Survey (H.E.S.) 41 June 10, 1911 March 7, 1912 Pomestead Entry Survey (H.E.S.) 46 June 10, 1911 May 16, 1912 ervation of the Right of the Proprietor of a Vein or Lode to extract and 8. Item 7 on Schedule B of the Title Commitment refers to the res remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded as follows: Date of Recording Book Mineral Survey Page Number Mineral Survey Narnes(s) June 8, 2004 Reception No. 879609 October 10, 1892 2367 John C. Godfrey Lode — October 10, 1892 42 70 15712 Rosa M., Peru December 4, 1916 42 270 119500 Brooklyn Placer March 22, 1993 604 519 19856 River Bend Mill Site I May 10, 1921 88 45 19960 General Foch, General Pershing — I March 17,1926 88 73 20043 May No. 5 IMarch 17, 1926 88 69 20257 May No. 14, May No. 15 June 5, 1926 88 77 20292 St. Patrick, Big Timber June 5, 1926 88 85 120293 Cave, Coolidge April 23, 1932 118 222 20461 Puritan, Ruby, Sapphire, & May Nos. 4 & 16 — April 4, 1950 — 135 95 20712 1 Treasury Vault Mill Site, Goldstar Mill Site , 1954 December 73— 1146 167 20745 IMars Mill Site I 9. Item 8 on Schedule B of the Title Commitment refers to the reservation rights of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded as follows: Date of Recording Book Mineral Survey Page Number Mineral Survey Names(s) T73-c—eption June 8, 2004 No.879609 2367 John C. Godfrey Lode October 10, 1892 42 I 70 5712 Rosa M., Peru December 4, 1916 42 270 19500 Brooklyn Placer March 22, 1993 604 519 19856 River Bend Mill Site May 10, 1921 88 45 19960 General Foch, General Pershing March 17, 1926 88 73 20043 May No. 5 March 17, 1926 88 69 20257 May No. 14, May No. 15 Ju ne 5, 1 926 88 77 20292 St. Patrick, Big Timber June 5, 1926 88 85 20293 Ca\,e, Coolidge April 23, 1932 118 222 - 20461 Puritan, Ruby, Sapphire, & May Nos. 4 & 16 A pril 4, 1950 135 951 20712 Treasury Vault Mill Site, Goldstar Mill Site December 23, 1954 146 1 ars Mill Site No\A,mber 25, 1912 48 582 Homestead Entry Survey (H.E.S.) 40 November 25, 1 912 48 581 I Homestead Entry Survey (H.E.S.)41 --I . I November 25, 1 912 93 1 3 I lHomestead Entry Survey (H.E.S.) 46 10. Item 9 on Schedule B of the Title Commitment refers to the reservation to the State of Colorado all rights to any and all minerals, ore and metals of any kind and character, and all coal, asphaltum, oil, gas and other like substances in or under said land, the rights of ingress and egress for the purpose of mining, together with enough of the surface of the same as may be necessary for the proper and convenient working of such minerals and substances, as reserved in Patent from the State of Colorado, recorded June 22, 1918, in Book 85 at Page 190. This reservation is applicable to the portion of the property defined as the "Nelson Addition" as described in Book 131 Page 76. NOTE: A Long -Term Agreement to Restrict Mineral Development by and between the State of Colorado, acting by and through the State Board of Land Commissioners and Tigiwon Properties, L.L.C. was recorded January 5, 2005 at Reception No. 902452. 11. Item 1 0 on Schedule B of the Title Commitment refers to an Easement and Right ofway in gross for use as a road purposes, as granted by The Empire Zinc Company, a Colorado corporation to County of Eagle, State of Colorado by instrument recorded February 24, 1930, in Book 106 at Page 574. The Title Commitment notes that this right-of-way affects U.S. Mineral Survey No. 19960, which is the General Foch and General Pershing Mineral Claims. This right-of-way is also depicted on a Colorado Department of Highways Right -of -Way Plat F.A.P. No. 78-R ROW Map No. I A, dated September 11, 1929. This right-of-way is amended in accordance with the aforementioned Colorado Department of Transportion U.S. Highway 24 Boundary Line Agreement. and is depicted hereon. This right-of-way affects the following mineral claims and/or parcels within this survey: a. MS 20461 - Ruby b. Homestead Entry Survey (H.E.S.) 40 c. MS 19856 - River Bend Mill Site d. MS 20257 - May No. 14 12. Item 1 1 on Schedule B of the Title Commitment refers to an Easement and right of way for the maintenance and full, free and quiet use and enjoyment by the Town of Minturn for any and all purposes by it desired or deemed necessary or beneficial, for town water works, as granted by Sigfred C. Nelson and Arthur Nelson to the Town of Minturn, a municipal corporation by instrument recorded March 24, 1938, in Book 1 16 at Page 502. The legal description for this easement includes an apparent error of approximately 218.67 feet and is therefore not able to be accurately located and for that reason is not depicted hereon. Generally, this easement affects the parcel of land described as the "Nelson Addition" within this survey. COUNTY SURVEYOR'S CERTIFICATE 2'0' , at -t m.in Deposited this —a— day of I 41 L Z& _�_, Book ,a_ of the Eagle County eyor's Land Survey Plats/Rights- Of-Way Surveys at Page 0 and Survey Plat complies with Section 38-51-102, of the Colorado Revised Statutes. 13. Item 12 on Schedule B of the Title Commitment refers to an Easement and right of way for the maintenance and full, free and quiet use and enjoyment by the State of Colorado for any and all purposes by it desired or deemed necessary or beneficial, as a public highway, as granted by Price Mining Syndicate, a Trust to the State of Colorado by instrument recorded November 8, 1930, in Book 116 at Page 570. The legal description included in this document refers to easement and rights-of-way parcels situated in Section 19, Township 6 South, Range 80 West, 6th P.M., which is more generally described as being adjacent to the Town of Red Cliff, Colorado These easements do not affect any portion of this survey and are therefore not depicted hereon. 14. Item 13 on Schedule B of the Title Commitment refers to an Easement and right of way for use as a road, including specifically but not limited to the "proposed Tigiwon Road", as granted by The New Jersey Zinc Company, a Now Jersey corporation to the County of Eagle, State of Colorado by instrument recorded October 24, 1949, in Book 135 at Page 72. The easement and right-of-way described in this document affects H.E. Surveys 40 and 41, and U.S. Mineral Survey No. 19500 -Brooklyn Placer, and is depicted hereon. 115. To the extent applicable, the property may be subject to a Water Rights Agreement between Glenn T. Miller, Battle Mountain Corporation, a Colorado corporation, Gulf & Western Industries, Inc., and State Savings & Loan Association of Lubbock recorded September 12, 1983, in Book 368 at Page 80 as referred to in Item 14 on Schedule B of the Title Commitment. 16. To the extent applicable, the property may be subject to the Revised Consent Decrees in that certain action entitled "State of Colorado, Plaintiff, vs. Gulf & Western lndustries, Inc., et al., Defendants", Civil Action No. 83-C-2387, in the United States District Court for the District of Colorado, recorded July 23, 1986, in Book 445 at Pages 683 and 684 as referred to in Item 15 on Schedule B of the Title Commitment. These decrees generally provide for access to and use of the property by the State of Colorado for the purpose of performing or causing to be performed all actions designed to accomplish the purpose of the Remedial Action Plan or other Response Action. The approximate areal extent of the Consolidated Tailings Pile, Tailings Ponds and Treatment Facilities are depicted hereon. Also the existing access road and the existing trestle structure and mine discharge conveyance pipeline alignment are also depicted hereon. 17. Item 16 on Schedule B of the Title Commitment refers to an Easement and/or right of way for U.S. Highway 24, which is depicted hereon. The right-of-way for U.S. Highway 24 depicted hereon is based on the following right-of-way plats and maps: a. State Department of Highways - Division of Highways - State of Colorado - Right of Way Plan of Proposed Federal Aid Project No. BRF 024-1(24), dated 7-28-1989. b. Colorado State Highway Department - Plan and Profile of Proposed Federal Aid Project No. 78-R - State Highway No. 4 - Eagle County - Right of Way Map No. 1 A - Revised September 1 1, 1929 c. Colorado State Highway Department - Plan and Profile of Proposed Federal Aid Project No. 292-B - State Highway No. 4 - Eagle County - Revised January 29, 1929 These easements and rights-of-way for U.S. Highway 24 are amended in accordance with the aforementioned Colorado Department of Transportion U.S. Highway 24 Boundary Line Agreement and affect the parcel known as the "Nelson Addition" as described in Book 131 Page 76, H.E.S. 46, H.E.S. 40, U.S. Mineral Survey Nos. 19856 - River Bend Mill Site, 20257 - May No. 14, and 20461 - Ruby, Puritan, and Sapphire Lodes. 18, Item 17 on Schedule B of the Title Commitment refers to an Easement and/or right of way of The Denver and Rio Grande Railroad, insofar as the same affects subject property, including specifically but not limited to U.S. Mineral Survey Nos. 19500, 19960, 20043, 20257 and 20461. The Denver and Rio Grande Railroad is currently owned and operated as the Union Pacific Railroad Company. The western boundary of the easement and/or right-of-way for the Union Pacific Railroad Company is depicted hereon, and is based on the following right-of-way plats and maps: a. Right-of-way and Track Map for the Denver & Rio Grande Railroad operated by the Denver & Rio Grande Railroad - Second Division - Station 4513+00 to Station 4691+20, Dated June 30, 1919, C.E. 46611 02-10-14-41 b. Supplemental Map for the Denver & Rio Grande Railroad operated by the Denver & Rio Grande Railroad - Second Division - Station 4459+75 to Station 4513+00, Dated June 30, 1919, C.E. 46610 02-10-14-40 These easements and rights-of-way for the Union Pacific Railroad affect the U.S. Mineral Survey Nos. 19500 - Brooklyn Placer, 20043 - May No. 5 Lode, 20257 - May No. 14, and 20461 - Ruby Lode, Puritan, and Sapphire. 19. Item 18 on Schedule B of the Title Commitment refers to an Easement and right of way for "Tigiwon Road", as constructed by the United States of America, insofar as the same affects subject property, including specifically but not limited to U.S. Mineral Survey No. 20745. An easement as described in Book 135 Page 72 for Tigiwon Road is depicted hereon. This easement affects H.E.S. 40, H.E.S. 41 and U.S. Mineral Survey No. 19500 - Brooklyn Placer. The current physical location of the roadway for Tigiwon Road also traverses U.S. Mineral Survey No. 20745 - Mars Mill Site. However, we have found no recorded deed for this segment of the roadway.The physical location of Tigiwon Road across MS 20745 is depicted hereon. 20. Item 19 on Schedule B of the Title Commitment refers to any rights, interests or easements in favor of the State of Colorado, the United States of America, or the general public, which exist or are claimed to exist in, over, under and/or across the waters and present and past bed and banks of the Eagle River (Affects all of subject property, including specifically but not limited to the "Nelson Addition"). The current location of the banks of the Eagle River are depicted hereon, and affect the following portions of the subject property: the parcel known as the"Nelson Addition" as described in Book 131 Page 76; H.E.S. 40; H.E.S. 41; U.S. Mineral Survey Nos. 19500 - Brooklyn Placer and 20461 - Ruby Lode. 21. Item 20 on Schedule B of the Title Commitment refers to any question, dispute or adverse claims as to any loss or gain of land as a result of any change in the riverbed location by other than natural causes, or alteration through accretion, reliction, erosion or evulsion of the center thread, bank, channel or flow of the waters in the Eagle River lying within subject land; and any question as to the location of such center thread, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands (including but not limited to the "Nelson Addition".) Item 20 on Schedule B of the Title Commitment also includes the following note: NOTE: There are no documents in the land records in the office of the Clerk and Recorder for Eagle County, Colorado, accurately locating past or present locations of the center thread, bank, bed or channel of the above river or indicating any alterations of the same as from time to time may have occurred. It should also be noted that no portion of any boundary of the subject property is defined by the locations of the center thread, bank, bed or channel of the Eagle River, as such, this exception is not applicable to the subject property. 22. Item 21 on Schedule B of the Title Commitment refers to any rights, interests or easements in favor of the State of Colorado, the United States of America, or the general public, which exist or are claimed to exist in, over, under and/or across the waters and present and past bed and banks of Cross Creek (Affects the "Nelson Addition"). The current location of the banks of Cross Creek are depicted hereon, and affect the portion of the subject property known as the "Nelson Addition" as described in Book 131 Page 76. 23. Item 22 on Schedule B of the Title Commitment refers to any question, dispute or adverse claims as to any loss or gain of land as a result of any change in the riverbed location by other than natural causes, or alteration through accretion, reliction, erosion or evulsion of the center thread, bank, channel or flow of the waters in Cross Creek lying within subject land; and any question as to the location of such center thread, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands. NOTE: There are no documents in the land records in the office of the Clerk and Recorder for Eagle County, Colorado, accurately locating past or present locations of the center thread, bank, bed or channel of the above river or indicating any alterations of the same as from time to time may have occurred. It should also be noted that no portion of any boundary of the subject property is defined by the locations of the center thread, bank, bed or channel of Cross Creek, as such, this exception is not applicable to the subject property. ts, provisions, conditions and obligations that are a 24. Item 23 on Schedule B of the Title Commitment refers to those terms, agreemen burden to the subject property, as contained in Covenant Running with the Land recorded February 11, 1997, in Book 718 at Page 367. Generally, this document describes releases, covenants, terms and provisions related to the presence, handling, disposal and use of certain hazardous materials on the vicinity of the property and the adjacent lands in connection with mining operations that is the responsibility of Viacom International Inc., through its predecessors in interest. Said covenants are related to the Civil Action No. 90-S-1561 (the "Action"), in the United States District Court for the District of Colorado. These covenants and the "Action" may pertain to the existence, maintenance, monitoring and operation of the Consolidated Tailings Pile, Tailings Ponds, Treatment Facilities, the access road to the Treatment Facilities, and the existing trestle structure and mine discharge conveyance pipeline located on the subject property. The approximate areal extent of the Consolidated Tailings Pile, Tailings Ponds and Treatment Facilities are depicted hereon. Also the existing access road and the existing trestle structure and mine discharge conveyance pipeline alignment are also depicted hereon. 25. Item 24 on Schedule B of the Title Commitment refers to a Deed of Trust from Battle Mountain Corporation to the Public Trustee of Eagle County for the use of State Savings & Loan Association of Lubbock, to secure $4,150,000.00, dated September 1, 1983, and recorded September 12, 1983, in Book 368 at Page 85. Item 24 on Schedule B of the Title Commitment also includes the following notes: a. NOTE: Assignment of the above Deed of Trust to Mortgage Investments Corporation, a Colorado corporation, recorded January 23, 1995, in Book 659 at Page 91 1. b. NOTE: Notice of Commencement of Action recorded July 24, 1998, at Reception No. 663740, given in connection with the foreclosure of the foregoing Deed of Trust. The legal description provided with each of the above referenced documents includes and pertains to all portions of the subject property. 26. Item 25 on Schedule B of the Title Commitment sta*es that the property is subject to any and all right, title, claim demand or interest which may be asserted in and to the subject property by Battle Mountain Corporation, a Florida corporation by, through or under Case No. 98 -CV -374, as consolidated with Case Nos. 94 -CV -152, Case No. 98 -CV -372 and Case No. 98 -CV -543, in the District Court in and for Eagle County Colorado, and more specifically by through or under Battle Mountain Florida's Renewed Motion to Intervene and Alternative Motion to be Joined as a Successor Pursuant To C.R.C.P. 25(c), as filed in said District Court on July 24,2004. Depenclant on the outcome of these cases, they may affect all of the subject property. 27. ltem 26 on Schedule B of the Title Commitment refers to the rights of way and easements as shown on the survey by Johnson, Kunkel & Associates, Inc., dated November 4, 2004, Job No. EA04369. This survey depicts all easements and rights-of-way which were depicted or noted on the above referenced Johnson, Kunkel (JK) survey that can be reasonably defined. As noted above, certain easements are based on legal descriptions which contain significant errors and therefore cannot reasonably be defined and located. Such easements are described and referenced in these notes. Additionally, this survey depicts and/or notes other easements and rights-of-way which are not referenced or depicted on the above referenced JK survey. 28. Item 27 on Schedule B of the Title Commitment refers to an easement and right of way to construct, operate, maintain, repair and replace utility lines and all fixtures and devices, as granted by Tigiwon Properties, L.L.C. to Public Service Company of Colorado, by instrument recorded November 8, 2004, at Reception No. 897063, said easement being more particularly described therein. The easement and right-of-way described in this document affects the portion of the subject property known as the "Nelson Addition" as described in Book 131 Page 76, and is depicted hereon. 29. Item 28 on Schedule B of the Title Commitment refers to an easement and right of way to construct, operate, maintain, repair and replace gas meter station/regulator station and related appurtenances, as granted by Tigiwon Properties, L.L.C. to Public Service Company of Colorado, by instrument recorded November 8, 2004, at Reception No. 897064, said easement being more particularly described therein. The easement and right-of-way described in this document affects the portion of the subject property known as the "Nelson Addition" as described in Book 131 Page 76, and is depicted hereon. 30. The deed for the portion of the subject property known as the "Nelson Addition" as described in Book 131 Page 76 contains an Exception for one-half acre of land as described in Book 82 Page 16, which is a deed dated August 14, 1913, from Charles W. Coursen to the Town of Minturn. This land and easements and rights-of-way as therein described in Book 82 Page 16 were subsequently conveyed in a deed from the Town of Minturn to the New Jersey Zinc Company in Book 140 page 163 on May 19, 1954. g Co. refers to a parcel of land 31. A deed recorded in Book 102 Page 1 1 9, on July 29, 1916, from F.S. Bolt to the Pine Martin Minin excepted from H.E.S. 41. The boundary of this exception is depicted on the survey by Johnson, Kunkel & Associates, Inc. (JK), dated November 4, 2004, Job No. EA04369. However, a review of the chain of title of this exception parcel indicates that it was rejoined under common ownership with the remainder of H.E.S. 41 through the following recorded documents: Book 116 Page 153; and Book 116 Page 315, and is therefore not depicted hereon. 32. A deed recorded in Book 102 Page 120, on November 28, 1916, from Charles W. Coursen & Ben L. Cress to the Pine Martin Mining Co. refers to a parcel of land excepted from U.S. Mineral Survey No. 19500 - Brooklyn Placer. The boundary of this exception is depicted on the survey by Johnson, Kunkel & Associates, Inc. (JK), dated November 4, 2004, Job No. EA04369. However, a review of the chain of title of this exception parcel indicates that it was rejoined under common ownership with the remainder of M.S. 19500 through the following recorded documents: Book 1 1 6 Page 1 53; and Book I 1 6 Page 315, and is therefore not depicted hereon. 33. A right-of-way deed recorded in Book 106 Page 524 on April 26, 1929, from the Empire Zinc Co. to Eagle County affects H.E.S. 46 and is identical to the right-of-way for U.S. Highway 24 as described on Colorado State Highway Department - Plan and Profile of Proposed Federal Aid Project No. 292-B - State Highway No. 4 - Eagle County - Revised January 29, 1929. This right-of-way is amended in accordance with the aforementioned Colorado Department of Transportion U.S. Highway 24 Boundary Line Agreement. . Stanfield to Eagle County affects H.E.S. 46 and the 34. A right-of-way deed recorded in Book 106 Page 536 on July 29, 1929, from R.N portion of the subject property known as the "Nelson Addition" as described in Book 131 Page 76. Said right-of-way deed describes right-of-way that is identical to the right-of-way for U.S. Highway 24 as described on Colorado State Highway Department - Plan and Profile of Proposed Federal Aid Project No. 292-B - State Highway No. 4 - Eagle County - Revised January 29, 1929.This right-of-way is amended in accordance with the aforementioned Colorado Department of Transportion U.S. Highway 24 Boundary Line Agreement. C4 C5 Z �__ LU LU = . V) — 0 N U w E 0 0 M 0 ; Z 0 U 0 >- 6 U No W (6 ,> Z 13 M W K (n 3 . a: W IL W U) W in a Z a 0 �" Z 5 0 4 4 Z �: J Z "" W W U C,3 J 4 0 0 L,) M . rt in M q (n W < W 0 X . 0 (n Z � M 0 3: 9 4 —z IL* W � .1 ca ; 0 0 . Lf) W 4 Z I- - Lo Lq �-- N - 00 —1 J� 11- U1 F3 I x . 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