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<br /> <br /> <br /> <br /> <br /> <br /> SUBJECT, HOWEVER, to the following: <br /> <br /> 1. Reservation in favor of the State of Hawaii of all <br /> mineral and metallic mines. <br /> <br /> 2. Any and all existing roadways, trails, easements, <br /> rights-of-way, flumes and irrigation ditches. <br /> 3. Operation and maintenance Right-of-Entry Agreement <br /> dated June 2, 1981, recorded in Liber 15627 at Page 645. <br /> <br /> 4. A perpetual non-exclusive easement, between Mamane <br /> Street and Tax Keys: 4-5-2-46 and 4-5-2-47, not more than forty <br /> (40) feet wide, appurtenant to Tax Keys: 4-5-2-46 and 4-5-2-47 for <br /> access and utility purposes over, under and across the existing <br /> Mill Road in Tax Keys: 4-5-2-21 and 4-5-2-44, and in 40-foot <br /> easement (area 25,273 sq. ft.) described in Lease effective October <br /> 1, 1974, recorded in Liber 13624 at Page 1. <br /> 5. Grant in favor of the Water Commission of the County <br /> of Hawaii dated February 24, 1984, recorded in Liber 17770 at Page <br /> 381; granting the right in the nature of a perpetual easement to <br /> install, maintain, operate, repair, remove and replace any and all <br /> pipes or other structures in, over and across the easements, more <br /> particularly described in Exhibit "A" attached thereto. <br /> 6. Discrepancies, conflicts in boundary lines, shortage <br /> in area, encroachments, or any other facts which a correct boundary <br /> and improvement survey or archaeological study would disclose, <br /> including, without limitation, trails, rights of way, historic <br /> property and burial sites. <br /> 7. Claims arising out of rights customarily and <br /> traditionally exercised for subsistence, cultural, religious, <br /> access or gathering purposes as provided for in the Hawaii <br /> Constitution or Sections 1-1 or 7-1 of the Hawaii Revised Statutes. <br /> 8. Any unrecorded leases 'and matters arising from or <br /> affecting the same. <br /> 9. Declaration of Restrictive Covenants recorded in the <br /> Bureau of Conveyances of the State of Hawaii as Document No. 96- <br /> 153749, as the same may have been or may hereafter be amended in <br /> accordance with its terms, including that certain Amendment <br /> recorded as Document No. 97-100744. <br /> 10. Rights and easements, existing or hereafter granted <br /> or otherwise established, of other persons over, across, within, <br /> and through the Property or portions thereof, including those <br /> certain deeds by the Grantor, as grantor, recorded in the Bureau of <br /> Conveyances of the State of Hawaii as Document Nos. 95-166606 and <br /> <br /> <br /> <br /> 5 of 6 <br />