Free Motion to Dismiss - Rule 12(b)(1) - District Court of Federal Claims - federal


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Case 1:05-cv-00367-ECH

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EXHIBIT J

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~il~ lI~.~8.
GE~ LAN~ OFFICE ~o.46489. MI~.~EAL PA-~T. IA~D D!STP.~CT. CARSON ~!T~F~ NEVA~DA. ~-' General 'land Office. No .464~9.
=

kq~E~&l CERTIFICATE No .I146.

Eineral Certificate. No.I146. ~HE UNI~ STATES OF AMEP~!CA'j

Tc all to whom these presents shall come a-reet4-ng: WBEREAS,Im 9ursuance of the provls~ons of t3"r Revised Statu~es of the United States,

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C.~m~ter Six, Title Thirty-two, and legislation supplemental thereto, there hsve been deposited in the @eheral .Land 0fl'ice of the Ungted States; the Plat and Field Notes of s~_rvey and the CerZificaT-e No.l146, of the Register of the land 0ff~c.~ at Carson City in the State of Nevada, accompanied" by other evidence whereby it appears that the Cyclone Eining Camrsn.v did, on the seventh day of October, A. D. 1907, d~lly enter and pay for that certain mining claim Or premises known as i t~ ~izo.~m, Eontana, Cyclone, Golden West, ~one Tree, Whirlwind, Zeypher, Little Lena, and Triadgle lode mining claims,desIsm~ted by-the Surveyor General as Survey No.~751, embracing a portion of the uusurveyed public domain, in the Fa~rvi~w itining District, in the County of Churchill of "evada and StateZin t~e District of l~nd~- subject to sale at Carson City and hounded.described, an@ n platted as follows, With magnetic variat~/se~_enteen degrees, thirty mlnhtes east: Beginning for the description of the Arizona lode claim at corner No.l, a pine post four

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i inches square, four and one-half feet Ic, ng, m~rked 1-2-2751, with mound of stones, from which !U. S. Doo,.tion ~onument No. 182 bears south eighty-five degrees, thirteen minutes, twenty seconds "east two thousand ni~e hundred sixty smd fcr~ tenths feet distant; 4 Thence, f~/rst course, south sixty-tw.o de6rees, forty-six m/nute~ r, est one thousahd ninetyseven e~d fifty-four-ku_ndredths feet intersect line ~-4 of the idam.~o. 1 lode claim, .~urvey No. [.. 2657. at s.~,uth fourteen ~egreee, %w, enty minutes west four hundred aight~en and twenty-twohundredths feet from corner No.4; one thousan,~ four kundred nh'.ety-eight and eight-tenths feet to corner Eo.~, aplne pos~ four ~nches sqnax-e, four ~und one -~If feet long, marked a-4-27~I, ¯ wlth mo,und of eart?~ and stone; !. Thence second course, nor~}: t~ezty-s~=cn degrees, fifty three minutes west four hundred

~forty-six and two-tenths feet inter~ect llne 1-2 of said Ida E. No.1 lode claim; five hur.dred ~mdnety-three end four-tenths fee~ to cornerl~o.S, a pine post four inches square, four and oneih~If feet long. marked 5- 2731, with mound of earth and stones; Thence, third course, -no-Jth sixty-two de~ees, thirty-one minutes east one ~undred thirtyi%wo "mud seven¯ :; tenths feet intersect line I-2 cf said Ida M. No.l lode claim; three ~,---and~ad ~s~_~c~-y-seven and fcrty-fonr-hnnEredths feet intersect line 4-1 cf said Ida ~. Eo. i lode cl~m ~at north seventy-five degrees, forty mlnu~es west four hundred twenty-five and five hundredths
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ielght and elght-tenlhs feet to corner No°4, a pine post four inches ~q~are,four and one-half "-.~.'. ifeet long, markei 4-5-2751, with ~und of earth and stone;¯ ~e, fourth ¢Ol~rSe south tu~enty-seven degrees, fifty thr, s minutes east three hundred .i~.~~ i..~ i c: ~ ~- ifeet to ~ pOi~ f~m which location monument bears south sirty-~wo deFree,, thir%-y-one minutes i ~ast satan humdre~ e~hty-ona end eight-tenths feet distant: six hundred f~et to corner No.1

its. p~e of b,~; t~ ~-~.~ o: t~ 1~e claim, as above d~sc~ib~ e~en~ on~ thousand i

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our ~ea nlme%-y-eight and eight .e, enths feet in length ~_!cr6 said Arizona vein or io-~e;

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US00044

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Beginning for the description of the Montana lode Claim, at corner No.l, a pine post four

: in~hes £quare, four and one-h~!f feet long, marked i-27~1, with mound of stone, from which I said U. H. Location Monument No. 182 ~ears south sixty degrees, forty-five minutes, forty sec~ ox~s e~st one thousand eight hundred sixty-seve~ and eight-tenths feet dls@a~t;

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Thence, first co~rse, south six~-three degrees, fourteen minutes west one thousand four ! hundred seventy-eight and aswan-tenths feet to corner No.2 identical with corner Nc.l of said !~ Arizona lode claim; Thence, second course, north twenty-seven degree~o fifty-three minutes west si~ hundred feet to corner No.~o i~entical with corner NO.4o of said Arizona lode claim; Thence, third course north sixty-three degrees, fourteen minutes east one thousand four i hux~red seventy-eight and seven-tent~ feet to corner No~4, a pine post four inches square, four au~ one-half feet long, marked 4-2751, with mound of earth and stone:
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Thence, fourth course, south ~wenty-seven degrees, fifty-three minutes east thre~e hundred feet to a point from which location monument bears south sixty-three de~rees, fourteen ~inutes wwst one thousand one hundred sixty-nine ~.u~ seven -tenths feet distant; six hundred feet to corner No.I, the place of beginning; the survey of the lode c!a~c,aa above described, extendIng one thousand four hundre@ seventy-eight and seven-tenths feet in length along said Montana ye~n: or lode; Beginning, foz the description of the Cyclone lode claim, at corner No.I, a pine post four inches square, four and one-half feet long, marked I-Z-I-@-2751, with mound cf earth ~ud stoma ~rom which said U. 3.Location ~onument No.182 be~rs north eighty-seven degrees.forty-five minutes, fifty seconds east two thousand three hundred twenty~three and elght-~en~hs feet distant; Thence, first course, south six~y-two degrees, t~enty-flve minutes ~est one thousand four :~ :~hundred ninety feet to corner No.2 a pine pest four inche.~ square, four ar~ one-half feet long. ~rked 2-6-~731o with mound of earth ~ud stone; Thence, second course, north twenty-sight degrees,twenty-five minutes west three hundred feet to a point from which location monument Bmers north sixty-two degrees,for~y-six minutes west nine hundred two and one-tenth fee+~ distant; five hundred ninety-five ~nd seventy-twohundredths feet inSersect line ~-4, the east side line, cf ~aid Ida E. No.l lode claim; five hundred ninety-six and five -tenths feet intersect line 1-2 of said Arizona lode claim; six hundred feet to corner No. ~, a pine post four inches square, four and one-half ~eet long marked 5-5-27~-1, with mound of earth and stone;Thence, t~d Course; north sixty-two degrees, for~y-six minutes east three and eighty-

i eight hu~redT~s feet inter~ect said lin@ ~+4-of the Ida l:.No.l lode claim; one thousand four
~ hundred ninety and one-tenth feet to corner ~o. 4, a pine post four inches square, four and one-h~lf feet loD~ ~arked 4-5-2751, with mound of earth and stor.e; Thence, fo;zrth course. south-twenty-eight degrees, twenty-five minutes eest six and sev~enty-~hrce hundredths° feet: intersect line l-2of said EOntana lode claim; five hundred ninety an~ seven~tent~s feet to calmer ~o. 1, the ~l~ee :of ~eginning; the ~u~vey of the. lode claim, as"

~ .~ove de~lhe~. ~:i~ one t~ousand four h~red =:ne~ ~ :one:~enth feet in le~h ~:ong
Cy¢lonc Vein~ lode: .... Beginning, :for-the description of the Golden ~es~ lode claim, at corner No. l, a pine pOst. :four ~heS ~qZ~re,~ f6ur an~ one-half feet long. ~rked 1"2-~7~t, with mound of earth and f~rom Wl~.~h sa~L~ U. ~.: location ]~ohument, Ho.18;~ ~.z~. ¯south flfty-nine de~e.s, e!ghtean

¯ .....: .... i ¯ :: ~. .

,, -fort7 eel-one-s e~e~ lone ~ou~ one ~.~ for'tyrone and four~te.ths feet dia'~t; " US00045

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Then~, fi~s%: course, south sixty-three degrees, t~enty minutes-we~t one ~housand five hundred feet to corner No. 2o identical with corner No. I. of said Cyclone lode claim; i Thence, second course.north t~.en~-eight degrees, twenty-five mlnutes west two hundred ninet-y-seven and seven-tenths feet %o location monUment, five hundred e~ghty-three and ninetyseven-hundredths feet intersect line 1-2 of said ~ontana lode claim; five hund1~ed ninety and lode seven-tenthS feet %o corner No. S, id~-~tieal with corner No.4,-Of said Cyclon_9/claim; Thence, third course, north sixty-three degrees, twenty minutes- :east o~e" thousand five hundred feet to corner No.4 a X and 4-5-2751 marked on ledge of rock forty feet- longo ten feet wi~e, six feet above the general surface, with mound of stone; Thence, fourth course, south twenty-eight degrees° twenty-five minutes e: Jt five hundred and ninety azld seven-tenths feet to corner No.l. the place of ~eginning; the survey of the lode claim, as above described, extending one thousan~-five hundred feet in length along said Golden West vein or lode: Begriming, for the description of the Lone Tree lode claim,- at corner No,l,' a pine post four inches square, four and one-half feet long, marked-l-l-2751, with mound of earth and stmne from whic~ said U. S. location ]~onument - D9.18~ bears south fifty-seven degree~, fortynine minutse east one thousand one h~ndred tw@nt~r-three feet distant; . Thence, first course, south sixty-three degreeso ~enty minutes west twenty-seven and five-tenths feet %o a point from which location monumert ~ea~s north tweDt-y-eight degrees twenTy-five minutes west two hundred fifty-one feet distant; thirty-four and eight-tenths feet to corner No. 2, identical with cor~er ~o. i, of said Golden ~est lode clzim; Thence, second course, north twenty-eight degrees, t,xenty-five minutes west five hundred ninety and seven-tenth6 feet to corner So. 5, identical with corner No.4,of said Golden
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~est lode claim; Thence, third course, north sixty-tF~ree degrees, twenty minutes east sixty ~nd five tenths feet tO corner No. 4, a pine post four inches square,four and one-half fee+.- long, marked -27ZI, with mound of earth stud stone4 Thence, fourth course, south twenty-five degrees, fifty+five minutes east five ho~dred ninety and ; five-tenths feet ~o corner No, l.the place of beginning; the survey of the lode claim, as shoved ~d~scribed, extending five hlz~dred ninety s~d seven-tenths feet in le~h alonE said LOne Tree vein or lode; .,

Begicningo for the description of the Whirlwind lode claim° at corner No.I, identical . with corner go. i, of said Cyclone and corner No. 2, of said Golden ~est lode claims; Thence, first course, ~outh twenty-eight degrees, eight minutes east five hundred ninety five feat to corner No. 2, a p~ne post four inches square, four and one-~mlf feet long,

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mar":ed ~5-2751, with mound of earth and stone; Thence, second course south six~-two degrees, fourteen minutes west one thousand three hundre~ seventy-three and ninetylthree-h~.ndredths feet intersect line 4-1. the north-east side line, of the Ida E. No.4 lode claim, Survey No.2£57; one thousand four hundred ninety.'e~ht feet to corner ]~o.3, apine p0st four inches squ~re~ four and ono-h~If feet long~ marksd 5-I-275i, wlth m~nn~ of earth ~ .stone; Thence, third course, north twenty-elght degrees, eight minutes west three hundred feet to a l~int from which location monument bears north sixty.-two de, tees. twenty-five minntes i e~ Si~ inm~Ir~ ~rty am~ o~e-tenth feet dlst~:nt; three hundred fourteen and mine-tenths '~" feet intersect sai~ l~ne 4-1 of the ~da ~ ~o.4 lode claim; six hnndred feetrto corner Ho.4 a ._~. /m~st four Inches squa/e, f~urand one -half feet long, marked 4-2V51, wlth mound of ear~ i. am~ sl;one; US00046

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s _~en~

fourth eours.e~ nor.;n sixty-%~o degrees, t~n~¥-five minutes east .

one thousahd
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~O~r h~udred ninety-eiEht aud one-tenth feet to oorner~o.1, the place of beginnix~; the 8~r! vey of the lode claim,as above described, extending one thousand four hundred ninety-eight i feet ~D length ~ong said rnirlwind vein or lo~e: " :. Beginning, for the description Of the Zeypher lode claim, at corner ~o.I identical with lo~e cor~er ~o.l.of said ~one Tre_~/claim; south ~nenee, fir~e. course~/twen~-elght, de,fees ten minutes east three hundred feet to s point from which location monumen~ hemr8 south sixty-three degTees, ~wentyminutes west one Shousand four hundred eighty-two feet distar.i.; five hunflre~ ninety-five feet to corner No.2. a pine post four inches square, fo~r and one-half feet lonE, m~rked 2-2751. with mound of earth and Stone; i south Thence, second course/sixty-three degrees- twenty minutes west one thousand five hundred feet tO coffer No. 5. a pine post four inches souare, four ~udone-half feet long. marked 5-6ZTZI, rith mound of earth and stone; , .. i

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Thence, third cqurse, north ~-enty-ei~ht de~rees, ten ~i-utes weBS f~e~.hun~red ninety: " five feet to corner No.4, a X ar.d 4-5L2731. marked on ledge of rock 3xSx2 feet above the gen¯ cr~i surface, w~tL mound of stones, situate on line 1-2 of said ~olden ~est lode claim; Thence, fo~zr~h course, north sirty-three de,fees, twenty minutes east one thousa~.d five ! h-,~Lred feet to corner I~o,I, the pla~e of beginning; the survey of the lode claim, a s above ~@~b@~. ex~endin~ one thousand five hundred feet in length along said Ze~rpher vein or lode; ~egir~ing, for the desoriptlon of the li~.le 7~ena lode claim, ~t corner No.l, a pine post four inches square, four and One h~if feet long, m~rked 1-2731, with mound of earth and stone from whi¢~ said U.S. LOcation HonUment ~o.182 bears nor~h fifty-seven de~ees, six ~inutes, fOr.~.y secede east -~.-o thousand sixty-five and five-tenths feet dis~nt; 7~hence , first course, sou~h sixty-three degrees, t~...enty minn~es wes~ thirty feet to ee~j~e~ to corner ~o.2, a pine post four inches square, four and one-half feet lon~,-, marked 22751, with mound sf earth and stone; Thence. secorm course, north twenty-eight degrees,twenty minutes west five hundred ninety >~nd four-tenthS feet to corner Pc.5, identical with corner No.2. ofsald ~Vhirlwin~%~eaim: A-once, thzrfl ~0~1"~, north %wenty-exght de~rees, e~ght m~nutes west five hundred ninety~five %'f~et to corner So 4, identi@al with corners Uos. I of said ,Thirlwind and Cyclone lode clsims; ~. Thence, _orn~t--~ ou~e, north sixty-three degrees, twen~ mlnu~es east two feet t~'poi.nt from: w]Lich location J~m~m~n~. bears south twenty-eight degrees, te~ minutes east eighty-eight feet

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i~Istan%; thirty-four and ~iEht-t@nths feet %o corner ~o.5, identical with corner 4, of said ~Zey~her: lo@e claim; .~rhe~e ,fifth course, South twenty-eight de,fees,ten minutes east five kundred nlm. ety" i i The~e, si~rth eo,~se, south twenty-seven de~rees, fifty m~--nutes east five hundred ninet~ t]~ee-ten~h~ feet to corner l~o.l, the place o~ ~r-=in~; t.he s~rvey of ~he lode claim .~ above .deser~.~eaoeXtendln~ one thousan~ one ~ndred eight-five and four-tenths feet in ~e-l~im~in~. for. the ~escrlp~ion of the Triangle .lo~e claim, at corner ~o.I, i~entlcal with " " !

~lTe feet to corner ~o.6, identical with corner Do.S, of said Ze~her lode claim;

¯ ~ez~r~h alo~ ~az ,.t~Ze ~a ve~ or lode:

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US00047

~Eht le~rees,, f~'~one minutes, thlr~y seconds eag~ three thousand six hundred

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~'~ lIfo~ feet d.ist.ant;

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l~rst. That ~he premises hereb~ ~d with t.T~-e~sF~..~iO~ of t~e su~ac~.~.:ma~_~e_e~ere@ by the pro~-leter of ~ny other Vein, 10de or ledge, .~he ~Op~gr apex ~ w~oh lies outside .of the boun~ary of said granted premises, shoui~ ~he s~me In-its dip be .found to penetrate, intersect ¯~ and rem ring i cr extend into said premises, for the purpose of ex~ra~tln~he ore fzom such other vein, lode or ledge. Second. That the premises hereby granted shall be held subject to any vested /anaaccrued water rights for mining,agricultural, mamufacturing or other purposes, smd rights to ditches and reserroirs used in connection with such waSer rights as me~v be recognized and acknowledged by the local Is~s, customs, ~d decisions of the courts. . And there is reserved from the lan@s hereby granted a right of wsy thereon for ditches or canals constructed by the authority of the United S~ates. That in the absence of necessary legislation by Congress, the legislature of Nevthe ado may provide rules for workin~mlning claim or premises hereby granted, involving easements, - ! drainage add o~her necesaar~ means to its complete development. IN T~TV~ONY ~HEEEOF, !, Theodore Roosevelt, President of the United 3~ates ~ America, ¯ h~ve caused these letters to he made .Patent, and the Seal of the General Land Office to be here! unto affixed. GIVEN under my hand at the City of Washington, the ninth day of April, in th¢ year of our Zox4 one thousand nine hundred and elght, and cf the !ndependence of the United States the one hundred and thirty second. ~United States Seal) By the President: Theodore Roosevelt By M. W. Young, Secretary Endorsed: Recorded ¥oi. 458, pp. 373, to 580 inc. Filed for record at the request of John F. Heeney H. W. Ssmford Recorder of the General Land Office. ! T~_ir~.

Eay i, 19~.~9 at I0 o'clock A. E.

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DEED THIS ~%q~, ]&~ade this 10th day of December, A. D. 1937, BET?~EEN G. W. Likes, Treas-

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urer of Ghurei-ill County, State of Nevada, party of the first part and i. W. Likes, Trustee for Churchill CoUnty, State of Nevsda, the party of the second part. I~[T~SSETH: That the said party of the first part for and in consideration of the sum of Seven Hundred Forty and 87/100 Dollars l~wful money of the Un'.t~d States of America, to h~ in hand paid by the said party of the second part, ~he receipt v~ereof is here.~l- acknowledged, do by these presents grant, bargain, sell and sonvey unto the said party of the second part

US00050

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I and to his successors forever all of the following described lode mining claims, situate, lying and being In the County of Churchill, State of Nevada, vlz: ~oii ~O. 1194 Patenr~ed Anglo Saxon, Survey #2919.

RoLl No. 1~53

Lo,e ~ee. ~, ~, rattle Lena ~ia~e. ~ Survey t~Z~07e, B &___SS. Su~ey ~72. ~t~. Survey #3123,

vey #4227. No. 15~8 ~, Survey #41S~, Central, Horn Silver.

No~ No. ~ ~ No. ~
Roll No. 1543

~t ~..e_ster~ ~Z,._~a ~ #=~=~-~.~u.~ xvy #2, survey ~s~l~,
Pennsylvania Survey #1831, Locomotive Survey #1851, l~_~_~e Survey #1851, E~d Horse Survey ~1831, ~n ~tain Survey #IBEX, ~airvie_ w Survey #18~X, Chancellor Survey #1851, Desert View Survey #1831, Mounte.in

Survey ~18~, Cactus Survey #18~, Sea Gull Survey #1835, Pellcan Survey

~ No. l~s ~os~ 0h@ra, King m.~,, #!, ~ ~aas is,._~_.,~a~ ~ ~,,d ~ m~s.
Soll No. 1482 Gold Lense #I, Gold Lance #~, Betsy, Betsy Fraction. ~ha~ the above described property was assessed by the Count~ Assessor of said County for the year 1934, and duly entered on ~he Assess-ant Roll of said county for said year 1934 to the n~Uaes of the following: ~Iz., Roll No. 1194 Doll No. 1456 Roll No. 15~3 Roll No, 1558 Boll No. 15~7, ~Ii NO. 1541, Roll No. 1543 ~olI NO. 146~, Roll No. 148~ ~. F. Leers, as shown on page 161, Cyclone mining Co., as shown on l~age 200, No F° Henshaw, as shown on page 219, Minnesota Nevada Inves~ent Co., as shown on page 220, Unknown Owner, as shown on page 220, unknown Owner, as shown on page ~0, ~obn T. Reid, as shown on page 2~0, Try~ & Ne~le KJelsberg, as shown on page ~0R, Jack E~ & Jeanet~e ~wen, as ~ho~ on page 205,

at a valuation of Twenty-eight thousand Dollars. ~at said Asses~nt Roll was delivered te said County Treasurer for the purpose of colle@tlmg the taxes charged thereon on the ~0th day of October, A. D. 1954. ~at ~e and legal notice ~o each taxpayer was given in accordance with the Statutas of the S~ate of Nevada, giving each tax payer personal notice of the ~mount of taxes due ther~one That the ms~e of emch said delinquent tax payer, with the ~escrlption of the property ~po~ whlsh the ~ax~s has mot be=- paid, with the valuation of the property and the smomnt of ~es alma, were entare@ in the delinquency list for said year 1954, on ~ondsy the 5th day of Angest, A. D. I~5. ~a~ said County Treasurer c~used .to be published in the Fallon S~udard, a newspaper of general circulation publlsheA in ~.d County from ~he ~st day of August to and lneluding

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USO0051

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the 4th day of September, being Wednesday of said month and beln~ %he last publication therein, in the names of the .delinquent taxpayer,%, with a full description of the property n.rom lhlch taxes were due, with the amount of ~axes, delinquencies, and costs of publ~at~u lea due thereon, with notice that if said taxes and all costs were not paid before the property woul~ be sold at the front of the Court House, in the City of Fallen, Churchill County, Nevada, on the 9th day of September, 1955, at the hour ~ One o,clock P. Ja. of sal~ day. Said taxes and costa not having been paid as required by law, I aid, in pursuance with said no~ice --ell at public e~c~lon, at the time and place ~iven in sald notice to G. ;. LAkes, xrustee for the sum of Seven Hnndred Forty & 87/100 Dollars, the amount of taxes and costs due on said property, he bel~g the highest and best bidder for said property. That certificates of sale describing, said property were made and delivered to said purvJ~aser, G. N. Likes, 'LTustee and a duplicate of said 0ertifieates of Sale, delivered to the Cowaty ~ocorder of Churchill Count7, Nevada, whlch said Certlflsates recites that if said pxoperty is not redeemed before the expiration of Two years from the date of sale, towit: on the 10th day of September, A. D., t9~7. That sald County ~easurer will execute and deliver to said purchaser a deed for said property. Now the time for redemption of said property having expired and no part of said proper@y having been redeemed by the payment of T.he taxes and costs on same, this conveyance is made in accordance with the Certificates of Sale, and said published notice. ~gether with all and sln~ular the tenements, heredltaments and appurtenances thereunto belonging or in anyelse appertalning and the reversion and reversions, remainder and remainders, rents Issues and proflts T~hereof. ~D have and to hold, all and singular the said premises together with the a ppurten~Ises, unto the said ~rty of the second part and to his successoru forevers. iN W~S ~0F, the said party of the first part has hereunto set his hand and seal the day and year first above written. @. 1[. T.~kes Treasurer ~ Churchill County, Revada ST~ 0F ~ ) ( ss

On this 15th ~ of December, A, D. 1957, personally appeared before me, the undersigned n Notary Publle of the State of Nevada, in and for the county of Churchill, G. |. Likes, Treasurer @f Chu~ Co,tory, Nevada, known ~ me to be ~ald Treasurer of Churchill County, Newels, sad ~ to me to be the person described in and who executed the fore~lng deed, end ~ ecknowled~ to me that he, as said Treasurer, executed said deed ,~Teely and volun@arlly end for the uses and purposes therein mentioned. Glvs~ wader m~ hand and Notarial Seal the day an~ year above written,

i ~ Cc~ioa ~pi~s: Neeembe~" 15, 1940 Notary Publle FAled for l"eeord at the Bequest of F. Yo Franks Dec 15 1959 at 42 rain. past 5 o'clock

County Beoorder

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US00053

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Survey No. 2731, Montana

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Golden West Lonetree Triangle Arizona

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Little Lena Cyclone Whirlwind Zepher Survey No. 32 77, Lena Annex All in the FAIRVIEW MINING DISTRICT and explore the same for valuable minerals under the authority of Chapter 19, of the Statutes of Nevada, 1935, as approved March 2nd, 1935, as amended; and WHEREAS, on the 17th day of April, 1962, the said County Commissioners of said Churchill County, in regular session did contract with said Party of the Second Part in regard to the above described mining claims; and ~PHE/~EAS, on the 7th day of May, 1962, the Party of the Second Part requested of said County Commissioners that they execute a deed conveying the title of such cccmty to said Party of the Second Part, he having tendered and paid to said County Treasurer the sum for which said property became the property of said c~anty; and NOW, THEREFORE, THIS INDEX{TURE %'[ITNESSETH: That the said Party of the First Part,

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the said Churchill County, by and through the Board of County Commissioners, in order to carry out the effect of the contract to the Statutes in such cases made and provided and also in consideration of the premises and the sum of Three Hundred Two and 50/100 ($302.50) Dollars, the sum for which said property became the property of said county, a~d paid to it by the purchaser, the said FRANK W. LE~/IS, the receipt whereof is hereby acknowledged do quitclaim unto the said Party of the Second Part, and to his heirs and assigns all the estate, right, title and interest which the said Party of the First Part, has of, in and to those certain lode mining claims, situate, lying and being in the County of Churchill, State of Nevada, and more particularly described as follows, to wit: FAIRVIEW I.[[NING DISTRICT Survey No. 2731, Montana Golden West

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Lonetree Triangle Arizona Little Lena Cyclone Whirlwind zepher SurTey No. 3277, Lena Annex t~gether with all and singalar, the tenements, hereditaments and appurtenances thereunto -b~l~, Or in ~"ywise appertaining and the revers~0n and reversions, remainder and

~.: ~naers, ~m~s, issues and profits thereof: US00054

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¯ - ¯ -~i: ";-:':- :~'-.': .':~-: ....-:% .... ~"~:::~ ~ :...~--~... ~ ..'i~".:: .;.

- :' " .

Chairman of the Board ,ol. ~oun~-Ti~mi~sioners~and:-~e~ea~bT~he~:iCler~.0f said BOard.

- -' "

~ ., : ~ _ " .

..~.:.IL.-J'...K~STR~P, Chairman

On this 18~h-day. ofNax, 1962, personally, appeared.be~ore..m% a-N0~ary ~Ublic in and for the County of ~nurchi1.1, S~at~eo£. Nev~a.,-:R~: J; Kols~rup~ :known to me tO: be the -." " ; .~' -" ,:." -i .' .. :" " ' -'.:" . -'.: . Chairing. of glae B0ard Of.g0unt~. ~Ssi~ers'.6fchureh11 -C, oun~y~[.NbVada;.: Chat, executed
the

fore~ing,

instrument, and. i upon~; oath

idid :depg~ :tha~!:

he is '~he"0f~icer Of said

Clmrab/3_l COunty as above ideSigna~..~;:itha;:[~ ~!s!: acquainted ~.th ~t~e officiAl seal of the
Clerk of Churchill- Cotmty~: that: %,he .:sealJaffixed ~o .;said. inStJrumen~;is the official seal

said. county, as indicated eJ~%erisaid sig~atures;~s~ ..that. said 'Ch~bilt.:~tf" executed
said instrtm~nt freely and ,~olun [tgr!ly a~d for the ~ses ~nd[purpo~s: therein mentioned.

IN WITNKSS WI~REOF, :I have. herema~o Set myLhand "~: af£ixeff" my~ Not~xial Seal the

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EXHIBIT K

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File ~S519. Carson City 08644. TEE UNITED STATES OF ~ICA, TO ~ TO ~0iX T~ESE PP~ESENTS S~ZALL C01[E, GREETING: WH~P~EAS, In pursuance of the provisions of the Revised Statates of the United States, Chapter Six, Title Thirty-two, and leglslat~on supplemental thereto, there have been deposited in the ~eneral Land Office of the United States the Plat and Field ~otes of Survey ~nd the Certificate of the Register ~f the Land Office at Carson City, Nevada, accompanied b- other e.-1demce whereby it appears that the Falrview Consolidat@d ~Jines Company, has entered and paid fo~ the Prine~ Albert, Ev~ ~ , Eva B. No.E, Argel No,l, Argel No.E, and Argel No.B lode mining claims desi~mated by %he Suz~eyor General as Survey No. z_184, embracing a portion of Township sixteen north of Range thlr,ty-four east of the Hount Dibble Heridlan, in the ~'airvie~ Itining District, Churchill County, Nevada, and bounded,udescribed and platted as follows: Beginning for the de-

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scription of the ~r~ice ¯Albert lode claim, at corner No.l, a pine post four inches s_auare, fo~ feet lomb. marked P.A. I- 4184, in moun~ of earth and stone, from which U.S. Location l~onument ~Eo. 18e, bears north sixty-seven de~rees fifty-one minutes thirty seconds west four thousand sixty-tree ~md t~_zee-tenths feet distant; Thence, first course, north forty-five de~rees fourty-fo,ar minutes east one thousand [~four hundred m4_uety-nlne and one-tenth feet tO corner i,~ .~, a pine post six inches square, fear feet len~j, marked ~.A. 2- 4184, in mound of earth and stone; ~en~e, second course, south forty-four degrees sixteen minutes east three hundred feet to a point from which discovery bears south forty-five degrees forty-four minutes west one thousand two hun~xe~ nlnety-mlne and one-tenth feet distant; five hundred ninety-nine and six-tenths :~feet to cor~_er No.~, a pine post four inches s~fa~re, four feet long, m~rked P.A. S- 4184. in iimound of ea'~t,k.s.o.~ stone; ii
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ThenCe, third course, south forty-five degrees forty-three minutes west mac thousand

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US00056

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¯ four hundred ninety-nine an~ one-tenth feet to corner No.4, a pine post four ~x/ches square, four feet long, marked P-A. 4- a_184, in mound of earth ~ stone; Thence, fourth course, north forty-four degrees sixteer: mlnutcs west six hundred feet to corner No.l, the place of beginning; the survey of the lode claim, as abo~e described, extending one thousand fouz hunlrcd ninety-nine and one-tenth feet in length along said Prince A~bert vein or lode; Beginning, for the description of the Eva B. lode claim, at corner No.l, a pine post four feet 1crag, femur inches squ~re, marked E.B. l- 4184, in mound of earth and stone, from which said U.S. Location Eonument No. 182, bears north sixty-six degrees twenty-five minutes twenty teen seconds west three thousand seven hundred seventy-and three-tenths feet distant; Thence first course, north eighteen degrees focurteen minutes~thirty seconds east one thousa]~d five hundred feet to corner No.2, a plne post four feet long, four inches square, mmrked E.3. 2- 4184, in mound of earth and stone; Thence, second course, south seventy-one degrees forty-one minutes east three hundred feet to a point from which discovery bears south eighteen degrees nineteen minutes west one thousand feet distant; six hundred feet to corner No.3, a pine post four feet long, four inches square, marked E.B. 3- 4184, in mound of earth and stone; Thence, third course, south eighteen degrees nineteen minutes we~t nine hundred fiftyfive feet intersect line 1 - 2 of said ~rince Albertlode claim; one thousand five hundred feet to corner No. 4, a pine post four inches square, four feet long, marked E.B. 4- ~_184 and A - 5 1 - z_184, ,,--ith mound ef e~rth and stone. Thence f~urth course, north seventy-one degrees forty-one minutes west five hundred ninety-eight and one-tenth: feet to co_ricer No.l, the place of beginning; the survey of the lode claim, as above described extending one thousand fivehundre~ feet in length along said Eva B. vein or lode~ Begimm_in~, for the description of the ~ B. Eo.z lode claim, at corner No.l, a pine post four inches s~uare, fo~r feet long, marked E.B. ~ : - -1- 4184_, in mound of earth and stone; from which said U.$. Location monument No. 182 bears north sixty-nlne ~egrees seven minutes fifty _-econds west three thousand two hundred twenty-one and five-tenths feet distant; Thegn'e, first course, north t~enty-four degrees eleven minutes east one thousand four hu~d~-e~ twenty-seven and slx-tenths feet to corner No. 2, a pine post four inches square, four feet long, marked E°B. 2 - 2 4184, in moun~ of earth and stone; Thence, second course, south forty-three degrees twentyfive ~Jinutes east ~hree hundred eighty-one feet to co.--net No. 3, a pine post four inches square, four feet long, ~rked E.B. 2 - 3 - 4184, in mound of ea~-th and stone,~ ~enes, third course, south eighteen degrees fourteen minutes thirty seconds west one thousand ~our hundred thir~y-seve~m feet to corner No .I of said ~'va B. lode claim; one thousand four hundree ninety-nine a~l six-tenths feet to corner No.4, a pine post fo'~r inches square, four feet long, marked E.B. 2, 4 - 4184, in mound of earth and stones; Thence, fourth course, north forty-three degrees twenty-five minu~es west two hundred ~wenty-elght and mine-tenths ~eet to a point from which discovery bears north eighteen degrees fourteen minutes thirty seconds east five hundred feet distant; five h,~_udred ferty-eighht an~ nine-tenths feet o corner No.l, the place of beginning; the survey of the lode claim, ms above described, extending one ~heusand f~ar h:~udre
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from which said U.S.Y, ocation Honument ~o. 182, bears north seventy-two degrees fifty-two minutes ten seconds west five thousand ninety-t~o and four-tenths feet distant; ~nence, first course, north eighty-sight degrees nine minutes thirty seconds east three hundred feet %o a point from which discovery bears south one degree fifty minutes thirty seconds east seven hun&re~ fifty feet distant; six hundred feet to corner No.2 , a pine post four inches square, four feet long, marked A I - 2- 4184, in mound of earth and atone~ Thence, second course, south one degree fifty minutes thirty seconds east one thousand four hundred ninety-ei~ht and five-tenths feet to corner ~o.5, a pine post four inches square, four feet long, msrked A 1 - 3- 4184, in mound of earth and stone; Thence, third co~se, south eighty-sight degrees nine minutes thirty ~econds west six hundred feet to corner No,4, a pine post four inches square, four feet long, z~rked A 1 - ,I 4184, ~ mound of earth an~ stone; Z~enee, fourth course, north one degree fift~ ~ minutes thirty seconds west one thousand four hundr~;d ninety-eight and five-tenths feet to corner No.l, the place of beg -~.~; the ~ur~oy of the lode cl~.im as above described, extending one thousand four hundred nlnety-eight P_nd five-tenths feet in length along said Argel No. 1 vein or lode; ~eginning, for the description of the Argel No. 2 lode claim, at corner No.l, a pine peat Cour inches square four feet long, marked A. 2 - ! - 4184, in mound of earth and stone, from which said U.S..Location Konument No.~.~, ~ ~9 bears north seventy-nine degrees twenty-flve minutes forty seconds west fo~r thousand three hun@red seventeen feet distant; ~hence, first course, north eighty-eight degrees nine minutes thirty seconds east two

[

hundred ninety-nine and seven-tenths feet to a point from which discovery bears south one de&-fee fifty minutes thirty seconds east nine hundred ninety-nine feet distant- five hundred ninety-nine and seven-tenth~ feet to corner No. -% a pine post four inches square four feet longI ~rked A 2 - 2 - ~_184. in sound of earth ~ud stones; ~nence, second course, south one degree fifty minutes thirty seconds east seven hundred twenty-seven and four-tenths feet to ccrner No.1 of said Argel No. I lode clalm; one thousand four h-~ndred ninety-nine feet to corner No.3, a pine post four inches sq~uo~re, four feet long, ~-~r~ze~ A 2 - 5 - 4184, ,,-with mound of earth and stones; Thence, third course, south ei.~ht~-eight degrees nine minutes thirty seconds west five hundred nlnety_eight feet to corner No.4 , a pine post foul- inches squsre, four feet long, marked A 2 - 4- 41S~, in mound of earth and.-stones; ~nen~e, fourth ~ourse, no~th one degree fifty-four minutes thirty seconds west one thousan~ f~ar hundred ninety-nl~e feet to corner No.l, the place of beginning; the survey of /

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the lode claim, as above described, extending one thousand four hundred ninety-nine feet in length along said Argel No.2 vein or lode; Begi~uing, for the description of the Argel No.3 lode c!e~_m, a~ corner No.l, identical ¯ with corner No.4 of ~id Eva B. lode claim, Trom which said U.S.Location ~onument No. 182, bears north slxty-seven degrees nine minutes west four thousand three hnndred thirteen and three-tenths feet distant; ~n~n~e, first course, south fii~-six degrees fifty-seven minutes thirty seconds east three hun&red sixty-three and seven-tenths feet intersect line 4- 1 of said Argel No.2 lode claim; one thousand three hun&red two and six-tenths feet to corner No.2~ a pine post four inches square, four f~et long, marked A. 5 - 2- 4184, in mound of earth and stones; Thence, second course, south eighteen degrees nineteen minutes west three hundre~ feet

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t0 a point from which discovery bears north flfty-six degrees fift~-seven minutes thirty seeends wsst sns thousand two and six-tenths feet distant; four hundred ninety-eight feet to corner~

US00058

Case 1:05-cv-00367-ECH
each and stones;

ine post four fo= feot long, ma=ked A - - 4184, mound o5 inches

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p356

~hemce, third course, north siYty degrees fifty-eight minntes thirty seconds west one thousand t.To hundred eighty-two aud one-tenth feet ~o corner No.4, a pine post four inches square, four feet long, marked A. ~ - 4- 4184, in mound of earth and stone; Thence, fourth course, north eighteen degrees nineteen minutes east five nttadred nlnety~ one feet to corner ~o.1, the place of beginningt the survey of the lode claim as above described, extending one thousand three hundred two and six-tenths feet in length along said Argel No.3 vein~ or lode;-ex~ress~y exceptln8 and excluding from these presents all that portion of the ground hereinbefore described, embraced in Tracts "A" and "B", described as follow~: Tract "A" beginning at corner No.1 of sald ~ B. No.~ lode claim, thence north twenty-four degrees eleven minutes east three hundred twenty-five feet, thence south twelve degrees west three hundred slxty-four and ninety-seven-hundredths feet, thence north forty-three degrees t~--eni-y-five minutes west eighty-three and three-tenths feet to the place of begiz~ulng; Tract "3" beginni~ at a point on line 1 - 2 of said Eva B. No.2 lo~e claim, north twenty-four deg_~ees eleven mlnutes east three hundred t~Tenty-five feet from corner No.l, thence north fiftyeight degrees east three hundred five and six-tenths feet, thence north forty-th~-ee ; degrees t~enty-flTe minutes west one hundred elghty-three and ninety-six-hundredths feet. thence ~outh twenty-four degrees eleven minutes west three hundred tw.enty-four feet to the place 05 beginning; the premises herein granted, containing ninety-fou~ and nlnehundred five-thousandths acres. NO~ KNO~ YE, That there is therefore, pursuan~ to the laws aforesaid, hereby granted by the United States unto the sald Fairvlew Consolidated ~I/ines Company, the sald mining premises he:elmbefore described, and not expressly excepted from these presents, and all thEt portion of the sai.i veins, lodes or ledges, and of all other veins, lodes, and ledges throughout their entire depth, the tops or apexes of which lie inside of the surface boundary lines of sald &-_~anted _~re~--ises in said survey extended do.nnward vertically, although such veins, lodes, or ledges in their down~rsrd course may so far depart from a per!oendicular as to extend outside the vertical siie lines of sald premises: Provided, That the right of possession to such outside paz~s of said veins, lodes or ledges shall be confined to such portions thereof as lie bet=sen vertical planes drawn downward through ~^~=~ ~nd lines of said surve¥ so continued in their ~ ~ireetion that such planes will intersect such exterior parts of sald veins, lodes ar ledges; And provided farther: That nothing herein contained shall authorize the grantee herein to enter u~on the surface of a claim owned or possessed by another. TO HAVE A~D TO HOLD said minin~ premises, together with all the rights, privileges, inmunities, and appurtenances of whatsoever nature thereunto belonging, unto the sald grantee abo,-e named and ~o Its successors and assigns forever; subject, nevertheless, to the above mentloned and to the following conditions and stipulations: ~irst: That the premises hereby gr~nted shall ~ be held subject to amy vested and acerued .~ater ri~s for ~, agricult~ral, manufacturing, or other purposes, and rights to dltches ~n~ reservoirs used in connection with such water rights, as may be recogn~ red and ac~owledge~ by the local laws, customs, and decisions of the courts. And there is reserved from the lands hereby granted a right of ~y thereon for ditches or canals eonst~meted by the authgrlty of the Unlte~ St~te~. Seuon~. ~nat in the ~bsence of necessary ~eolslat~on by Congress, the ~egisl~ture of Eeva~ mat provlde rules for working the mining claim or premises hereby granted, involving es~mments, drainage, and other neceesar~ means to its complete development. -i ] 1 I ~

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US00059

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357

IN TESTII/Oh~I ~IEP~OP, I, Woodi-ow Wilson, President of the United States of America, have caused these letters to be m~&e Patent, and the Seal of the General Land Office to be hereunto afiixed. GIVEN under my hand, at the City of Naahington, the ~nlrty-first ~ of "T~arch, in the year of our Lord one thousand nine hundred and sixteen and of the Independence of the United State~- the one hundred and Fortieth" By the President: (Land Office Seal} L. Q. O. Lsmar, Recorded: Patent Number 522527. Woodrow Wilson. P. LeRoy, Secretary.

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~LS, on the 1?th dsy of Nove~er, 1956, the said County Comniasloners of said ~hi31 Coonty, in regulsr session did eontrset with said psrty of the second part in regard to the above described mining clsim, and ~EREAS, on the llth d~ of December, ~56, the party of the second part requested of said County C~ssioners t~a% ~hey e~ecute a deed conveying the title of such c~ to said party of the s~ond part,

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he- hsving tendered and psld to said County ~ the sum for ,a~ich said property became the proper~ of s~i c~nty; and NO~, THEHEFOR~, This Ix~en~re 1~tnesset~: ~ the said party of the first part, the said Chu~ Co~ by and through the Board of Coa~ Co~missioners, in order to carry out the effect of the coatract to the S~tutes in such cases made and provided and also in conslders~ic~ of the premises and the sum of Six Hundred Twelve ~ no/IO0 ($612.00) Dollars, the sum for ~ich said property became the property of'said county, and paid to i% by the p~rchaser, the said Marvil Exploration Company, the receipt ~hereof is hereby acknowledged do gra~, bargain, sell and convey unto the said psr~y of the second part, and to it, heirs and assigns all the es~ right, title and interest ~ich the said party of the first part, has, of, in and to those cer~lu lode mining claims, _=ithaCa, ~yiag and being in the County of ~, store of Nevada and more particularly described as fo~, %o ~Lt: ~le Fairview District: Survey 3430, Boulder #6 Wedge lode; S~rvey 392~, Silver Butto; Survey 418~ Eva B, Eva B #2, Argel #I, Argel #2, Argel #3, Prince Albert; Survey 266~, ~appias and Florence; S~rey 3206~ Ohio and C~io #i; S~ 3213, Bradshaw Fraction an~ Ivy #2; Survey 3673, Jack Rabbit, The Saod Spr~ District: Survey ~231, Banner; Sor~ey ~, So~th Side Borax Clai~ S~r~ey ~, ~idland Borax Cl.,~ The Wonder Mining D~st~ic~ Survey 3072, B and S.Lode; Survey 3326, Last ~nce #2; Survey 33~7, Nevada ~o~der ~nd Ro~ #2; Survey 4225, ~evada Wonder #3; Survey 4226, Hidden Treasurer #~, and together with all and

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size, the tene~zts, heredi~ and appurtenances thereunto beloW, or in anywise apper~ining and %he reversion ~ z~versions, remainder and remainders, rents, issues sod profi1~ thereof. TO HAVE AND TO H0~O~ a~l s~d slngul~r, the premises abo~ntioned and described together with the appart~c~ unto the said par~y of the second part, and to his heirs ~nd assigns forever. IN ~ ~E~EOF, TKE sald par~y of t~e first part, by and through its ~otion and resoluticen hereto p~ssed has caused %hese prese~ ~o be executed and signed by the Chain of the Board of County

Board of County Commissioners of Churchill County, Nevada R. Jt Kolsta~p Chairman

~ OF ~A~,

) ( ss.

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:

Cn this ~ day of December, A. O., 1956, pers~lly appeared before me, J~m W. Diehl, A Notary Pab]~ in ~ for the County of Chsrchiil~ st~v~e of ~ev~da, R. J. Kolstrup, ~o~ to me to be the Chaira~n of the Board of Cosnt~ Com~sslo~ers of ~ ~, Nevada, that, executed the foregoing instrument, and upon did de~e ~ be is the office~ of said Churchill Co~z~y as abo~ designated; ~t he is ac~ualnted ~th t~e ~flclal se~l of the Clerk of ~ Co~, that the seal affixed to said instrument is the official seal of t~e Coant~ C'J~a'k, ~ the WJ~natoze~ of said ~nstrament ~wre made by the officers of sald ~y, aS io~i~rt~d afT~-.S~Ld.ei1~mtOr~, and ~t Said Churchill Co~ executed said instrument free~ a~ vo3zo~-~l~ and for the use, ~nd pm~o~e~ therein ~entiooed.

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~530

IN "dITNE~ h~d~OF, I have hereunto set n~ hand and affixed ~ Notarial Seal the day and year in this certificate above written. (sEA1.) My Commission ex~-es: Oct. 2h, 1959. Filed for record at the Request of Gerald J. Lumos, Treas. DEC 26 1956 at 55 rain. past 2 o'clock P. M. John Wo Diehl Notary Pub1.~c

US00063

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File ~o° 96759

DEED

/.:

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TO~ uit~ all and-sin~ the ~,hereditamea4~, dltch'and dltch ~, water and water

remainder a~d r~er~, _ .rent~, ~es, ~dIn~flts thereof; '.- " - TO llVB".alm YO.R~LU ~ trust as arore~d~, all ~ 8~n~alar, tbe. sa~kl'pr~ds~, together with the appertensmces unto the said Party of the Second Part and his successors in trust as aforesaid, pursuant to the pro,-~m of *mhapter 169, stat~ o~ we~a~, ~7. 118 ~ ldH]~, the Party of the First Part has hereunto set his ha~d and~ this Instn~Beret the ds~ ~d year first above written. LLOYD PAERIB'H, l~z-@ffth~.o Tax Receiver of Chnr~1",~. County, State of Nevada Llo~ Psxrish

~d~ 27 ~ of April, 1961, per~ appeared before me, the uI~rsigned, a Notary Public in and for the said Co~, Lloyd Pmrrish, County Treasurer and Ex-Off~clo Tax Receiver, known to me to be the ~ersmm ~,~ of.t~c~ia.ldesc:r'ibed ~n and who execut~wl the f~regoim~ imstrummm~, who ~led~ed to me that he the sm~ ~ a~ vol~, and as such County ~"h-easurer and ~-Officio Tax Receiver and for ~he ~es sm~~ thereln mentic~e~. IN ~ I~0F, I have hereunto set my hamd add agf~xed my Official seal at my office in said C~, the d~y ~-year last above mentioaed. ~H~m Notary Public in and for the Commty of Churchi~1, State of Nevada.

*As ~mended Filed~for record at the Reques~ of ~ Co. Treasurer APR 27 1961 at 90 mln. past 1 o,clock P.M.

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follows, to ~tt:

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3927

Sil~r ~te

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Eva B #2 Ar~

]~_18~ 4.18b,

Argel #3 ~",_uce Albert

II

2~ 3206 32O6 3213 3213 3673

Florence #4 ~o Ceio ~l ~ 1~ction ivy #2 Jack RaBbit

together aith all and singular, the tenements, ha reditaments and appurtenances therezmto belonging, or in az~ appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. TO HA,"2 A~D TO HOID, all and singular, the premises above-m~ntioned and described together with the appurtenances un+.o the said Party of the Second Part~ and to his heirs and assigns forever. IN WI~SS WHEREOF, t~e said party of the First Part, by and through its motion and resolution hereto passed has caused these presents to be executed and signed by the Chairman of the Board of County Commissi0~ers and attested by the Cleft of said Board. ~5~ at m~,mentar~ st~=ps Cauce~e~) BOARD OF COUNTY CXRMYSSIO~E~ OF CRURCHILL COOBTY, NEVADA By ATTEST: LLO]D PARRISH, Clerk C~..M.ta ~.~on~d C~mita ~cDoz~.d, Deputy STATE OF NEVADA, )
: SS

Delbert Stewart DELB~Tr STEWART, Chairman.

JJ

On this 6th day af November, 1961, personally appeared before me, a Notary Public in and for the Coun~/of Churchill, State of Nevada, De]bert S~, k~r~n to me to be the Chairman of the Board of Comity Cummissiomers of Churchill County, Nevada, that, executed the foregoing instrument, and upon oath did depose ~hat he is the oZficer of said Churchill Co~ty as ~bove desi@~uated; that he is acquainted with the official seal of the Clerk ~f Churchill Co~aty, that the seal affixed to said instrm~ent is ~ official of the County Clerk, that the signatures of said instrument were made by the offic~_~ of said county, as imdlcated ~fter said signatures, and that said Chnruhill County executed ~aid ~nt freely and vol~tar~ ~d for tlm uses and p~poses therein mentioned. IN ~ITRESS ~REOF~ I have hereunto set my hand and affixed ~ Notarial Seal the day az~ year in this certificate above writtem

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US00068

(SEAL)
My ~on Empires: October 23, 1963.

H. Mae Lofthouse NOTARY PUBLIC IN and for said County and State.

-Filed for xecord at the Request of Churchill Co. Clerk ~iOV 7 1961 at 57 miD. past 8 o'clock A. M.

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FAIe ~. I08038 DEgD (~ PAI~ KINZNG P~OPE~ I~, made and "entered 4-to this ~ d~ of November, 1963, between FRANK ~. i~S, Van ~, Gallfoxmia, the party of the first part, and RALPH F. CL~S, 7031 Rsnchito, Vm ~, Caldfornia, the party cf the _--~ccnd part,

THAT T~ SAID party of the first part, for and in consideratlan of the sum of Ten (~0.00) Dollars, lawful money of the United States of America, to him in hand paid by the said party of the second part, and of other comslderatlon adequate s~d valuable, the receipt and ~iciemcy whereof are hereby acknowledged, does by these presemts gr~t~ bargain, sell, convey and cc~flrm ~to the said party of the seccmd part, and to his heirs mud assi~, that certain patented lode mining claim known ~s the: ARGEL ~. 2 Sm~ So. ~z8~ situate in the Faiz~i~ Mining District, ChnrchiZl Couaty, Nevada, as described in United States Paf~at t~f, to which re~ ref~e~ce is hereby made for a ~ ~rticul~.. description theTeof. £ccesS is ~nted ~. ~t~ all dips, spurs and m~gles, and also all the metals, =~s, ~old and si~ver be~-in~ quart,, rock ~ earth t~ere~; ~ all the rights, privileges m~d fr~nchise~ thereto incident, ~pl~lant, and s~pmmten~, or ~ere~ ~ually had and enjoyed; ,rid also ell ~d singular the tauements, here~Ltaaeuts and appurtemmmces thereto bel~ or in am~ise ~er~, and the remts, issues and prof'its thereof. TO ~ am~ ~0 B~ID, all sz~ singular the said premises, togethez ~Ath the ~purtemances, and the p~ivileges tbermmto inciS~t, ~ the said party of the second part, his heirs and assigns forever.

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IN kR~I~SS k~9~OF~ the said party of the first paZ% has hereunto subscribed his name the day and year first above ~tt~m.

acknowledged to me that he executed the same. WI~ES3 mY hand and Official Seal.

Notary Public Commissioned for said County and State SHARON F. LEWIS

Filed for re~ord at the Request of Ralph w. Cleme~ts JUN I], 1965 at 0 rain. past II o'clock A.M.

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ARGEL NO. 2 ¯ Su~zey NO. 4184 as described in United States Patent thereof, to which record reference is hereby made for a more particular description thereof Access is granted neighbors.

TOGETHER with all the dips, spurs and angles, and also all the metals, ores, gold and silver bearing quartz, rock and earth therein; and all the rights, privileges and franchises thereto incident, appendant, and appurtenant, or therewith usually had and enjoyed; and also all and singular the tenements, hereditament and appurtenances thereunto belonginq or in anywise appertaining, and the rents, issues and profits thereof.
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the ~enements. heredimrnents, and appurtenances thereunto bdmtgir~ or appena~ I i,g a,d the r~erdo, and re~ersion~, remainder and remainders, tens. is~ues, and pro#ts thereof.
~{th

~r~ ie s

of the second parl. and ~o their

h~rs and ~.ssdgns for~er. -hereunto~et !i!! ~ ~

his hand

. this the da?; and Jrear ftrst abou
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STATE OF CAIFORNIA

)

)
COUNTY OF LOS ANGELES )

ss:

On (..f -/c./~'/ .before me, the undersigned, a Notary Publ~c in and for said County and State, personally appeared PALPH F. CLEMENTS known to me to be the person whose name is subscribed to the within instrument, and acknowledced to me that he executed the s~me.

-..:..~-.-:- ..:- ....

:: -: . ... -: -.--..:-.

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EN~ C~ DOC~Eh'T

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