Attachment_3_-_HFettig.pdf

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Realty Land Description Review Form

Land Area Code TAAMS Case ID Applicant Name Acres

The land descriptions in the following documentation have been reviewed for general clarity, comprehensibility, and legibility. The descriptions and acreage in the following documentation have been examined and confirmed that they accurately describe the subject property and is acceptable as written.

Place a check mark next to the documentation received:

TAAMS Legal Description Exhibit A

Application and/or Tribal Resolution (TR) or other official act of the governing body of the tribe

The deed or other conveyance instrument providing evidence of the applicant’s title or, if the applicant does not yet have title, the deed providing evidence of the transferor’s title and a written agreement or affidavit from the transferor, that title will be transferred to the

United States on behalf of the applicant to complete the acquisition in trust

Draft Warranty Deed in trust to the United States that conforms to local statutory recording requirements

Title evidence (see correct operating procedure in FTT handbook for title evidence requirements)

A copy of any agreement (such as a lease or right-of-way) currently applicable to the property

Copies of any documents cited in the legal description

If the property is identified as a lot in a subdivision, a copy of the plat

County Tax Information and Mapping/GIS Products if provided

Case POC Date Signature

301 58588 Charles Fettig 319.74

N/A N/A

Joshua Rose, Realty Specialist November 19, 2024

*A;A;04;301;4200451976;58588;301U003697* Office Codes: A,A,04,301 AD Number: 4200451976 Case: 58588

WDAEA01

Case Number: 58588 Applicant Name: FETTIG, CHARLES

LEGAL DESCRIPTION EXHIBIT A

ABERDEEN, SD

Land Area Land Area Name Tract Number LTRO Region Agency Resources

301 FORT BERTHOLD

Tract ID:

GREAT PLAINS

REGIONAL OFFICE

FORT BERTHOLD

AGENCY

Minerals Only

Tract Name:

Section Township Range State County Meridian Legal Description Acres 5 149.00N 094.00W NORTH DAKOTA MC KENZIE Fifth

Principal

SW 160.000

5 149.00N 094.00W NORTH DAKOTA MC KENZIE Fifth Principal

LOT 03= 39.800

5 149.00N 094.00W NORTH DAKOTA MC KENZIE Fifth Principal

S NW 80.000

5 149.00N 094.00W NORTH DAKOTA MC KENZIE Fifth Principal

LOT 04= 39.940

MAY 0 B 2024

. I ^

UNITED STATES GPRO vW/

DEPARTMENT OF THE INTERIOR REALTY

BUREAU OF INDIAN AFFAIRS

APPLICATION FOR TRUST ACQUISITION OF FEE LAND

Applicant: C Reservation: />^cc^

Date

Application is hereby made for trust acquisition by the United States of America of fee land described as follows: Oz-'Jiv// p f g- /^fV QHW ■^ K.aJuJ, 5uJ.

containing acres, more or less. (Attocb survey p/ot or mop) '3^/'^ 5"^30

In justification of this application, true statements are made to the following Items. PLEASE ANSWER

ALL QUESTIONS

1. I am enrolled as a 77)/^e ~7fthe'S Indian, Enrollment No. 3>o\ \J-oiLf7 (Name of Tribe)

2. Permanent Address: II^O C L.aJ 6eolj} a)7)

3. Telephone Number: ^O!" f 2. S

4. I do (5o7^ live on or make personal use of the land conveyed by this application.

5. Please explain your need or why it is necessary to have this land placed in trust status: (Attach a separate sheet if necessary.)

a^U-€_ a! \ jvxy

6. t intend to use the land for the following purpose (specific) N'U f'O-j'rvsf ^Ol- ^630

Paeelof2

7.

8.

Are you the owner of other trust lands: V<^ ̂

Location: gerjli^ !^ S^ir

Any additional comments you might have regarding your request for a trust acquisition:

Minerals, Surface, or Both:

66^ /?^oV(i^ls'. /'s /"/J 4irosi'

I (We) authorize the trust acquisition of the land heretofore described and agree that the proposed trust acquisition be in accordance with the regulations prescribed by the Secretary of the Interior. I (We) also state that the effect of this application was explained, and I (We) fully understand.

Your Signature

'202.^ (Date) Spouse, If party to this trust acquisition.

(Must also complete the application.)

(Date)

Please Note: You must also provide - the vesting deed or conveyance Instrument acquiring the fee property, title evidence meeting the requirements of 25 CFR 151.13 (a current title insurance commitment, or the policy of title insurance issued to applicant and an abstract of title, or title evidence meeting U.S. Department of Justice standards) and copies of documents cited in the title evidence.

DEBRA DEE BONEBRAKE

Notary Public

State of North Dakota My Commission Expires Sept 08, 2027

Pase 2 of 2 u sm Tract ID

UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS

Owner Interest Inventory DETAIL

Grantor Name: CHAT-JFTIS FETTIG

Tract Name

Tract

Ac roaqc

Owner-interest

Case Number: bS793

Date; 03/12/2024 Page: 3 of 3

Ownership Interest Appraisal T-ype Type Date

7 30L 5630 CHARI.ES FETTIG 2

319.74

319.740 .0000000000 Trust Al.l (TITI.E &

BeneC icial)

State County

ND MC KENZIE

Sec Twn Rng Meridian

149.OON 094.COW Fifth

Principal

1 lOgd 1. Du^sc r i pt i on

S NW. SW, LOT 3, LOT 4

Resource

Surface Only

Prepared By:

Bureau of Indian Affairs Great Plains Regional Office Division of Real Estate Services 115 4th Avenue SE, Suite 400 Aberdeen, South Dakota 57401

(605) 226-7618

WARRANTY DEED

Charles E. Fettig, a married man, grantor of McKenzie County, North Dakota, whose address is 1130 Chestnut Lane, Beulah, North Dakota, 58523, for and in good and valuable consideration, hereby, warrants and conveys, to the United States of America in trust for Charles E. Fettig, Grantee, whose address is 115 4th Avenue SE, Suite 400, Aberdeen, South Dakota 57401, the following described real estate in the County of McKenzie in the State of North Dakota.

Lots 3 and 4, S1/2NW1/4, SW1/4 of Section 5, Township 149 North, Range 94 West, Fifth Principal Meridian, McKenzie County, North Dakota, containing

319.74 acres, more or less. Minerals Only.

Subject to the covenants, easements, and restrictions of record.

This conveyance is made in accordance with the provisions of Section 5 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), 25 U.S.C. 5108.

The acquiring federal agency is the United States Department of Interior, Bureau of Indian Affairs.

I certify that the requirement for a report or statement of full consideration paid does not apply because this deed is for one of the transactions exempted by subdivision ___ of N.D.C.C. 11-18-02.2(6).

Grantee or Agent Date

Dated this ______ day of _________________, 20_____.

Charles E. Fettig

STATE OF NORTH DAKOTA )

) ss

COUNTY OF ______________ )

Be it remembered that on this the _______ day of ___________, 20________, before me, a Notary Public the undersigned officer, personally appeared, Charles E. Fettig, personally known to me or satisfactorily proven to be the identical person(s) whose name subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained.

In testimony whereof, I hereunto subscribed my name and affixed my seal on the day and year last hereinabove written.

(SEAL)

Notary Public

My Commission Expires:_____________

ALTA COMMITMENT FOR TITLE INSURANCE

Commitment Number:

Issued By:

CHICAGO TITLE CP70852

INSURANCE COMPANY Revision 5

NOTICE

IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE

INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE

CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.

THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE. REPORT OF THE CONDITION OF TITLE. LEGAL OPINION.

OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE. INCLUDING ANY SEARCH AND EXAMINATION.

ARE PROPRIETARY TO THE COMPANY. WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY.

AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.

THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT.

THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY

OTHER PERSON.

COMMITMENT TO ISSUE POLICY

Subject to the Notice; Schedule B. Part l-Requlrements; Schedule B. Part ll-Exceptions; and the Commitment Conditions, Chicago Title Insurance Company, a Florida corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A. only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured.

If all of the Schedules, Parti-Requirements have not been met within one hundred eighty (180) days after the Commitment Date, this Commitment terminates and the Company's liability and obligation end.

Chicago Title Insurance Company

By:

Michael J. Nolan, President

Countersigned By: Attest:

1 Marjorie Nemzura, Secretary

Authorized Officer or Agent Nancy Landmark. Underwriting Counsel

This page is only a part of a 2016 ALTA» Commitment for Title insurance issued by Chicago Title insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part l-Requirements; Schedule B, Part ll-Exceptions; and a counter-signature by the Company or its issuing agent tirat may be in electronic form.

AMERICAN

Copyright American Land Title Association. All rights reserved. uno tiui

ASSOCIATION

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Commltmen. fb, TOe Insurance (0OT1/2016) —

CHICAGO TITLE INSURANCE COMPANY

COMMITMENT NO. CP70852

REVISION 5

Transaction Identification Data for reference only:

ISSUING OFFICE: FOR SETTLEMENT INQUIRIES. CONTACT:

Title Officer: Nancy Landmark Commercial Partners Title, a division of Chicago Title Insurance

Company 200 South Sixth Street, Suite 1300

Minneapolis, MN 55402 Phone: (612)337-2483

Main Phone: (612) 337-2470 Email: Nancy.Landmark@cptitle.com

Commercial Partners Title, a division of Chicago Title Insurance Company

200 South Sixth Street, Suite 1300 Minneapolis, MN 55402

Main Phone: (612)337-2470 Main Fax: (612)337-2471

Order Number: CP70852

Property Address: APN/Parcel ID(s)

SCHEDULE A

1. Commitment Date: April 1, 2024 at 07:00 AM

2. Policy to be issued:

(a) ALTA Owner's Policy 2006 Proposed Insured: The United States In trust for Charles Fettig Proposed Policy Amount: $1,000.00

3. The estate or interest in the Land described or referred to in this Commitment is:

Mineral Interest as more fully set forth on the attached Exhibit A

4. The Title is, at the Commitment Date, vested in:

Charles Fettig

5. The Land is described as follows:

SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF

END OF SCHEDULE A

This page is only a part of a 2016 ALTAs> Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedules, Parti-Requirements; Schedules, Part ll-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

Copyright American Land Title Association. All rights reserved.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. Ail other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Commitment for Title Insurance (08/01/2016)

Printed: 04.22.24 @ 03:56 PM

MN-CT-FMIN-02100.321016-SPS-1-24-CP70852

EXHIBIT "A"

Legal Description

An undivided 50% interest t in the Oil and Gas and other minerals Mineral in the following real estate:

Lots 3 and 4 and the South Half of the Northwest Quarter and the Southwest Quarter, Section 5, Township 149, Range 94

McKenzie County, North Dakota

This page is only a part of a 2016 ALIA® Commibnent for We Insurance issued by Chicago We Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedules, Parti-Requirements; Schedules, Part ll-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

Copyright American Land Title Association. All rights reserved.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Commitment for Title Insurance (08/01/2016) Printed; 04.22.24 @ 03:56 PM Page 3 MN-CT-FMIN-02100.321016-SPS-1-24-CP70852

CHICAGO TITLE INSURANCE COMPANY REVISION 5

SCHEDULE B, PART I

REQUIREMENTS

All of the following Requirements must be met:

1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions.

2. Pay the agreed amount for the estate or interest to be insured.

3. Pay the premiums, fees, and charges for the Policy to the Company.

4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records.

5. The Proposed Policy Amount{s) must be increased to the full value of the estate or interest being insured, and any addition premium must be paid at that time. An Owner's policy should reflect the purchase price or full value of the Land. A Loan Policy should reflect the loan amount or value of the property as collateral. Proposed Policy Amount(s) will be revised and premiums charged consistent therewith when the final amounts are approved

6. Pay all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable.

7. If the transaction is closed by Chicago Title Insurance Company or its agents, the Social Security Number of Seller or Federal ID Number of Seller entities and forwarding address must be provided at or prior to closing to comply with the Tax Reform Act of 1986 and the 1099S Form executed at closing unless the Sellers is a corporation or a governmental unit.

8. For all entities CONVEYING, BORROWING OR LEASING, furnish formation and operational documentation and a resolution authorizing the transaction, together with a certificate of good standing from the State in which the entity was created (and in which the property is located, if available);

For all entities ACQUIRING PROPERTY FOR CASH, furnish formation and operational documentation, together with a certificate of good standing from the State in which the entity was created (and in which the property is located, if available).

NOTE: For a Corporation, formation documentation includes the Articles of Incorporation and By-Laws; For a Limited Liability Company, formation documentation includes the Articles of Organization and Operating Agreement; for a Partnership, formation documentation includes the Partnership Agreement, along with any amendments; if the property is held as tenants-in-common, provide any TIC agreement.

9. Item Nos. 1, 2,4 and and 5 of Schedule B-Schedule II may be deleted from the final policy, conditioned upon receipt and review of an executed standard form of the Company's affidavit or affidavits

10. Furnish a current, signed and dated, survey of the subject property, certified to Chicago Title Insurance Company and conforming to all current Minimum Standard Detail Requirements for the 2021 ALTA/NSPS Land Title Survey Standards to delete Item No. 3 of Schedule B - Schedule II.

This page is only a part of a 2016 ALTAs> Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedules, Parti-Requirements; Schedules, Part ll-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

Copyright American Land Title Association. All rights reserved.

ASiOCUTlON

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Commitment for Title Insurance (08/01/2016) Printed: 04.22.24 @ 03:56 PM Page 4 MN-CT-FMiN-02100.321016-SPS-1-24-CP70852

SCHEDULE B, PART I

REQUIREMENTS

(continued)

11. NOTICE: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities.

12. In the event this transaction involves new construction or if there has been construction on the property during the last six months please immediately contact the closer or underwriting counsel listed above to discuss the transaction.

If the transaction involves a construction mortgage or is a vacant land acquisition mortgage no construction related work can be performed on the property until after the mortgage is recorded and pictures have been taken at the site, in order to establish priority for the construction mortgage. Indemnities will be required at closing from the appropriate parties, depending upon the nature of the transaction.

END OF SCHEDULE B, PART I

This page is only a part of a 2016 ALIA® Commitment for Title Insurance issued by Chicago Tide Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedules, Parti-Requirements; Schedules, Part ll-Excepb'ons; and a counter-signature by the Company or its issuing agent that may be in electronic form.

Copyright American Land Title Association. All rights reserved.

ASSOCIATION

The use of this Form (or any derivative thereof) is restricted to ALIA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Commitment for Title insurance (08/01/2016) Printed: 04.22.24 @ 03:56 PM Page 5 MN-CT-FMIN-02100.321016-SPS-1-24-CP70852

SCHEDULE B, PART II

EXCEPTIONS

THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT. CONDITION, RESTRICTION. OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC

COVENANT. CONDITION. RESTRICTION. OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE.

COLOR. RELIGION. SEX. SEXUAL ORIENTATION. GENDER IDENTITY. HANDICAP. FAMILIAL STATUS. OR

NATIONAL ORIGIN.

The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A. and will include the following Exceptions unless cleared to the satisfaction of the Company:

1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met.

2. Rights or claims of parties in possession not shown by the Public Records.

3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land.

4. Easements, or claims of easements, not shown by the Public Records.

5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records.

6. Taxes or special assessments which are not shown as existing liens by the Public Records.

7. General and special taxes and assessments as hereafter listed, if any (all amounts shown being exclusive of interest, penalties and costs):

A. Real estate taxes for 2024, payable in 2025 and thereafter.

Real estate taxes for 2023, payable in 2024 are 0.00 and are paid.

Property Identification No. 73-00-02505

NOTE: There are no delinquent taxes of record.

NOTE: The above tax amount may include annual recurring fees charged by the municipality and/or county, which are automatically certified to the real estate taxes.

B. Levied or pending assessments of record if any.

8. Rights of tenants in possession under the terms of unrecorded leases.

This page is only a part of a 2016 ALTA'S' Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid v/ithout the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedules, Parti-Requirements; Schedules, Part ll-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

Copyright American Land Title Association. All rights reserved.

ASSOCIATION

The use of this Foim (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as _«>=.

of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

Page 6 MN-CT-FMIN-02100.321016-SPS-1-24-CP70852

SCHEDULE B, PART II

EXCEPTIONS

(continued)

9. Statutory right of way for public road purposes 33 feet wide along section lines pursuant to NDCC 24-07-03.

10. Easement from Anton Fettig to Targa Fort Berthold Gathering LLC dated February 19, 2013, recorded March 21, 2013 as Docuemn t No. 448748.

11. Right of Way Easement Agreement dated February 26, 2009, reocrded May 13, 2009, as Document No. 388817.

12. Memorandum of Lease Agreement from Charles E Fettig and Kimberley L. Fettig to Alltel Communications LLC dated July 28, 2009, recorded December 14, 2009, as Document No. 395240.

13. Ratification of Oil and Gas Lease from Anton Fettig by Conservator to Diamond Resources Inc. dated February 5, 2010, recorded February 11, 2010, as Document No. 397855

14. Grant of Easement Anton Fettig to Saddle Butte Pipeline LLC dated April 18, 2011, recorded May 9, 2011 as Document No. 417120.

15. Grant of Easement from Charles Fettig to Saddle Butte Pipeline LLC dated April 18, 2011, recorded May 9,2011, as Document No. 417121 As affected by Assignment from Saddle Buttee Pipeline LLC to Saddle Butte Forth Berthold Gatherin dated October 31, 2012, recorded November 2, 2012, as Document No. 442366.

16. Right of Way Easement Agreement between Charles Fettig and Arrow Pipeline LLC dated April 17, 2012, recorded October 15, 2012, as Document No. 441441. As affected by Amended Right of Way Easement dated January 11, 2013, recorded December 28, 2012, as Document No. 444851.

NOTE: The foregoing interest appears to be subject to a Mortgage in favor of Wells Fargo Bank National Association, recorded as Document No. 492265 and modified by Document No. 502322.

17. Right of Way Easement Agreement dated October 5, 2018, recorded November 14, 2018, as Document No.

511734 in favor of Arrow Pipeline LLC

18. Right of Way Easement dated September 25, 2109, recorded as October 29, 2019, as Document No. 520519.

INFORMATIONAL NOTES

NOTE: Any charges for municipal services (i.e., water, sewer, correction of nuisance conditions, etc.) are the responsibility of the parties to this transaction. For information regarding the existence of any such bills contact the appropriate municipal office.

This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid witiiout the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part l-Requlrements; Schedule B, Part ll-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

Copyright American Land Title Association. All rights reserved. uwD*mu

ASSOCIATION

The use of this Form (or any derivative thereoO is restricted to ALTA iicensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

Page 7 MN-CT-FMIN-02100.321016-SPS-1-24-CP70852

SCHEDULE B, PART II

EXCEPTIONS

(continued)

NOTE: In the event a zoning endorsement is requested, we will require a zoning letter from the municipality or a zoning report specifying the current or proposed use, specifying the zoning classification, and stating whether the property is in compliance with all applicable zoning ordinances. Parking must be addressed in the letter or report if it is to be included in the zoning endorsement.

NOTE: 1031 EXCHANGE SERVICES - If your transaction involves a tax deferred exchange, we offer this service through our 1031 division, IPX1031. As the nation's largest 1031 company, IPX1031 offers guidance and expertise. Security for Exchange funds includes segregated bank accounts and a 100 million dollar Fidelity Bond.

Fidelity National Title Group also provides a 50 million dollar Performance Guaranty for each Exchange. For additional information, or to set-up an Exchange or title order, please contact us at (612) 337-2470 or info@cptitle.com.

END OF SCHEDULE B, PART II

This page is only a part of a 2016 ALIA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid vrithout the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedules, Parti-Requirements; Schedules, Part ll-Excepdons; and a counter-signature by the Company or its issuing agent that may be in electronic form.

Copyright American Land Title Association. All rights reserved.

The use of this Form (or any derivative thereoO is restricted to ALIA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

ALTA Commitment for Title Insurance (08/01/2016) Printed; 04.22.24 @ 03:56 PM Page 8 MN-CT-FMIN-02100.321016-SPS-1-24-CP70852

COMMITMENT CONDITIONS

1. DEFINITIONS

(a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records.

(b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.

(c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.

(d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment.

(e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment

(f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment.

(g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge.

(h) "Title": The estate or interest described in Schedule A.

2. If all of the Schedule B, Part l-Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end.

3. The Company's liability and obligation is limited by and this Commitment is not valid without:

(a) the Notice;

(b) the Commitment to Issue Policy;

(c) the Commitment Conditions;

(d) Schedule A;

(e) Schedule B, Part l-Requirements;

(f) Schedule B, Part ll-Exceptions; and

(g) a counter-signature by the Company or its issuing agent that may be in electronic form.

4. COMPANY'S RIGHT TO AMEND

The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment.

5. LIMITATIONS OF LIABILITY

(a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Compan/s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to:

(i) comply with the Schedule B, Part l-Requirements;

(ii) eliminate, with the Company's written consent, any Schedule B, Part ll-Exceptions; or

(iii) acquire the Title or create the Mortgage covered by this Commitment.

(b) The Company shall not be liable under Commitment Condition 5(a} if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing.

(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.

(d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.

(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.

(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part l-Requirements have been met to the satisfaction of the Company.

(g) In any event, the Company's liability is iimited by the terms and provisions of the Policy.

6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT

(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.

This page is only a part of a 2016 ALTA® Commitment for We Insurance issued by Chicago We Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedules, Parti-Requirements; Schedules, Part ll-Exceptions; and a counter-signature by tiie Company or its issuing agent that may be in electronic form.

Copyright American Land Title Association. Ali rights reserved.

ASSOCIATION

The use of this Form (or any derivative thereoO is restricted to ALTA licensees and ALTA members in good standing as ,^ij^ of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

Page 9 MN-CT-FMIN-02100.321016-SPS-1-24-CP70852

(continued)

(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.

(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment.

(d) The deletion or modification of any Schedule B, Part ll-Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy.

(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.

(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy.

7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT

The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services.

8. PRO-FORMA POLICY

The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.

9. ARBITRATION

The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is Two Million And No/100 Dollars ($2,000,000.00) or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at httD://www.alta.orQ/arbitration.

END OF CONDmONS

This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Parti-Requirements; Schedules, Part ll-Exceptions: and a counter-signature by the Company or its issuing agent that may be in electronic form.

Copyright American Land Title Association. All rights reserved.

The use of this Form (or any derivative thereoO is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

Page 10 MN-CT-FMIN-02100.321016-SPS-1-24-CP70852

ENVIRONMENTAL SITE ASSESSMENT QUESTIONNAIRE

Applicant Self-Certification

Applicant: Howard F. Fettig Common Name of Property: Howard F. Fettig Mineral

Case 58587

Property Legal Description: An undivided 24.9711 % interest in the Oil and Gas and other minerals in the following real estate:

Government Lots 1 and 2 and the South Half of the Northeast Quarter and the Southeast Quarter, Section 5, Township 150, Range 94, in McKenzie County, North Dakota.

Affiliation with Real Property: Owner (Owner/operator/caretaker/previous owner/neighbor, etc.)

"To the Best of Your Knowledge ... "

Property Use/s

1. Is the property currently or was previously used for an industrial, commercial, and/or official, and unofficial shooting ranges?

(i.e., any use which involves the processing, handling, management, disposal, storage, manufacture, or transportation of hazardous substances or petroleum products, such as a gasoline station, motor repair facility, commercial printing facility, dry cleaners, photo developing laboratory, meth lab, junkyard, boneyard, or landfill, or as a waste treatment, storage, disposal, processing, or recycling facility). Yes No v'°'Unknown Basis:

2. Has there been any past, present, or permitted or planned mining activity or oil and gas exploration/development present on the property? Yes__ No ~ Unknown Details:

3. Has the property ever been used for agriculture purposes? Yes y' No _ _ Unknown_ Details:

/4r&,:,'j

ESA Questionnaire Page 1 of6

4. Are there, or have there been any improvements, such as old building foundations, buildings, water towers, lead smelters, etc., on the property? Yes t,,.,,/ No Unknown

Det!} _ Lt_oA <= 5., re ldov ,><-,.. IJt:>, tr -;;} 08, o

Hazardous Materials

5. Is there evidence of use, storage, mixing, and/or disposal of industrial drums (typically 55 gallons) or sacks of chemicals, automotive or industrial batteries, pesticides (including herbicides), paints, solvents, or other chemicals in individual containers larger than 5 gallons (19 L) in volume, or 50 gallons (190 L) in the aggregate at the property?

Yes No ~ Unknown Details:

6. Is there evidence of use, storage, mixing, or disposal of chemicals, automotive or industrial batteries, pesticides, herbicides, fungicides, paints, solvents, or other, on fence lines, right of ways, or other structures such as airstrips, heliports, crop duster operations, etc.?

Yes __ No ~nknown __ Details:

7. Are there or have there ever been any pipelines, utility lines, railways, entry/exit ports and associated structures, either buried or overhead, crossing the property, and is there evidence of any spills or releases associated with them?

Yes No Unknown Details:

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8. Have there been or is there any modified topography, or unnatural topographic features? (i.e.

cover for dumps, mounds, fill areas, depressions, etc.)? Yes __ No i...---t:Jnknown Details:

9. Has fill dirt ever been brought onto the property that originated from a contaminated site or that was of an unknown _§igin?

Yes No ;------ Unknown

ESA Questionnaire Page 2 of6

Details:

10. Is there any evidence of waste materials currently or previously being dumped above grade, buried, and/or burned on the property (i.e. hazardous materials, industrial waste, petroleum products, labeled/unlabeled drums or other containers, pesticide containers, household and farm debris, automotive or industrial batteries, building demolition debris, or any other waste materials)? ~ Yes No ~ Unknown Details:

11. Are there or have there been any floors, drains, or walls stained by substances other than water or that are emitting foul and/or unnatural odors (i.e. mold, mildew, other)?

Yes No ~ nknown Details:

12. Are polychlorinated biphenyls (PCB' s) present or have PCB's ever been present on electric transmission lines, transformers, capacitors, or hydraulic equipment (i.e., elevators, presses, lifts, doors, etc.) on the property and have there been any releases, or of a manufacture date prior to 1980? Yes No L-- Unknown Details:

13. Have radon, asbestos-containing materials, or lead-based paint ever been identified in any on-site buildings? If yes, condition.

Yes __ No ~ Unknown __ Details:

14. Have any above-ground or underground storage tanks been used on the property? If yes, were they properly closed/removed?

Yes __ No ~ Unknown

ESA Questionnaire Page 3 of6

Water/Waste Water

15. Is the property currently or was previously served by aEvate w~ or potable water system?

If yes, what is the installation date a_CJ/ 7 ?

Have contaminants ever been identified in the well or the system that exceeded acceptable levels?

Yes Details:

No ~ nknown

16. Have any other monitoring wells been drilled (dug or driven) on the property? If yes, explain the purpose of the wells and provide any analytical results.

Yes __ No ~ nknown __ Details:

17. Is surface water present on the property (i.e. pits, ponds, lagoons, rivers, creeks, oceans, etc.)? Any unnatural characteristics (i.e., color, sheens, odors, sterile, etc.)?

Yes ~ No Unknown Details:

Crc-~S

18. Has the property discharged industrial and/ or other wastewater ( excluding storm water runoff or sanitary wastewater discharges from restrooms, kitchens, or other household-type uses) on or adjacent to the property?

Yes No ~ Unknown Details:

Compliance/Permits

19. Have there been any environmental permits or licenses associated with the property ( for example, air quality and water discharge, landfills)? Yes__ No v"lJnknown __

ESA Questionnaire Page 4 of6

20. Have there been any compliance/enforcement notices or environmental liens relating to past or recurrent violations of environmental laws with respect to the property or any facility on the property? Yes __ No ~ Unknown __ Details:

21. Has an environmental site assessment, or other environmental investigations, of the property, or any other property/facility records, ever (1) indicated the presence of hazardous substances, petroleum products, or other potential environmental problems .9Jl' the property, or

(2) recommended further assessment of the property? Yes _ _ No _~_U Unnknown _ _ Details:

22. Are you aware of any past, threatened, or pending lawsuits or administrative proceedings concerning a release or threatened release J)f any hazardous substances or petroleum products on the real property? Yes __ No - ~-U Unnknown __ Details:

23. Have there ever been spills of hazardous substances or petroleum products that were reported to the National R~nse Center or a local or State emergency response authority?

Yes No ~ Unknown -- -- -- Details:

Other

24. Is there, or has there been, any anomalous vegetation (i.e. stressed, dead, etc.) present?

Yes __ No ~ Unknown __

ESA Questionnaire Page 5 of 6

25. Is there a large number or amount of invasive plants present on the property? If yes, please indicate common name if known (e.g., kudzu, phragmites, cheatgrass, etc.), and approximate amount if possible ( e.g_..approximately half an acre, etc.).

Yes No ~ Unknown Details:

26. If not mentioned above, is there anything else that could indicate the presence of hazardous substances and petroleum products that may impact the property?

Yes No v4fnknown Details:

I certify that I have read and understood the questions above, and that to the best of my knowledge, the information provided on this form is true and correct.

SignatureofApplicant: ~-4~ Date:

ESA Questionnaire Page 6of6