This is a continuation of the previous assumptions and
limiting conditions page and details some of the more common items normally contained in a
real estate or real property appraisal or valuation report.
Appraiser is legally
regulated under federal and state law by the Uniform Standards of Professional
Appraisal Practice (USPAP). This attachment is intended to supply Client with
necessary information about Appraisers engagement performance and reporting
assumptions and limiting conditions.
This engagement and
report are for no purpose other than property valuation and Appraiser is neither qualified
nor attempting to go beyond that narrow scope. Client and other users of the report should
be aware that there are also inherent limitations to the accuracy and reliability of the
information, analyses and conclusions contained in this report. This appraiser assumes
that readers of the report are knowledgeable of the relevant processes involved in the
exploration, development, production and reclamation of mineral properties and have a
working knowledge of the economics and commerce of the mineral products covered by the
report. Before making any decision based on the information, analyses and conclusions
contained in this report, it is critically important to read this entire section and to
understand these limitations. Neither the processes used in this engagement nor the report
can be used as a substitute for Client or third parties to perform the proper due
diligence required in the performance of their business.
Special/Extraordinary
Assumptions and Limiting Conditions:
Hypothetical
Conditions:
Departures from USPAP:
Appraiser may depart only from the following USPAP Standards. Performance: 1-2, 1-3, 1-4,
9-2 and 9-4. Reporting: 2-4, 10-2 and 10-4.
Confidentiality(USPAP
SMT-5): An appraiser must not disclose confidential factual data obtained from the
client or the results of an engagement prepared for a client to anyone other than: 1) the
client and persons specifically authorized by the client; 2) such third parties as may be
authorized by due process of law, and 3) a duly authorized professional peer review
committee.
Under USPAP the
obligation of the appraiser to protect the confidential nature of the appraiser-client
relationship is neither absolute nor clearly understood. The appraiser-client relationship
envisioned by USPAP is not comparable to the attorney-client relationship. With regard to
factual data supplied to the appraiser by the client, the client is in the best position
to decide what data must be considered confidential and to provide an explanation for such
a determination. Data furnished by the client to other persons or entities without a
confidentiality condition, or that is already in the public domain, do not become
confidential when given to the appraiser. All other factual data obtained by the appraiser
from any source are not recognized as confidential by USPAP, unless the appraiser has been
advised of the confidential nature of the data. When the appraisal report is addressed to
the client, any confidential factual data given to the appraiser by the client and relied
upon in the appraisers analyses, opinions or conclusions may be specifically cited
in the report without violation of the confidentiality rule. USPAP recognizes that such
data are to be treated as confidential only when the client specifically instructs the
appraiser that the factual data are confidential.
Appraisal is made under
conditions of uncertainty with limited data: Limitations result from a lack of certain
areas of expertise by Appraiser (that go beyond the scope of ordinary knowledge of an
appraiser), the inability to view certain portions of the property, the inherent
limitations of relying on information provided by others and limitations imposed by the
time constraints of this engagement. There is also an economic constraint in that the
monetary budget did not contain unlimited funds for examination, inspection and
acquisition of additional data. Appraiser used the available resources in the collection,
verification and analysis stages of this engagement in those areas that Appraiser
considers most relevant to the purpose and intended use but, there is a significant
possibility that Appraiser does not possess all information relative to the property.
Before relying on any
statement made in this report interested parties should contact Appraiser for the exact
extent of data collection and verification on any point they believe to be important to
their decision making. This will enable such interested parties to determine whether they
think the extent of data collection and verification were adequate for their individual
needs or whether they would like to pursue additional data collection and verification for
a higher level of certainty at an additional fee.
Information, including
projection of income and expenses, provided by informed sources, such as government
agencies, financial institutions, accountants, attorneys, Client and others is assumed to
be true, correct and reliable. No responsibility for the accuracy of such information is
assumed by Appraiser.
Any comparable sales data
relied upon in the report is believed to be from reliable sources. It may have been
impossible to examine all comparables due to monetary and time constraints. The value
conclusions are subject to the accuracy of such information.
Engineering analyses of
the property were neither provided for use nor made as a part of this engagement. Any
representation as to the suitability of the property for uses suggested in this analysis
is therefore based only on a rudimentary examination by Appraiser and the value
conclusions are subject to such limitations.
All values shown in the
report are projections based on Appraisers analysis as of the effective date of the
appraisal. These values may not be valid in other time periods or as conditions change.
Appraiser takes no responsibility for events, conditions or circumstances affecting the
propertys value that take place subsequent to either the date of value noted in the
report.
Since mathematical models
and other projections are based on estimates and assumptions which are inherently subject
to uncertainty and variation depending upon evolving events, Appraiser does not represent
them as results that will actually be achieved. The primary assumption underlying the
discounted cash flow method of the income approach is a reasonable probability of
occurrence of events and conditions that are expected to occur that may have a bearing on
the subject mining operation. The term reasonable probability and similar
wordings are not used in a strictly mathematical or statistical sense, but are intended to
mean that the expected occurrences of events and conditions considered in an appraisal are
appropriate and consistent with the purpose and intended use of the appraisal.
This report is an
estimate of value based on an analysis of information known and available to Appraiser at
the time of the engagement. Appraiser does not assume any responsibility for incorrect
analysis because of incorrect or incomplete information. If new information of
significance becomes available the value given in the report is subject to change without
notice.
Opinions and estimates
expressed in the report represent Appraisers best judgment but should not be
construed as advice or recommendation to act. Any actions taken by Client or any others
should be based on their own judgment and the decision process should consider many
factors other than just the value estimate and information given in this report.
Appraisal is not a
survey: It is assumed that the utilization of the land and improvements is within the
boundaries of the property lines of the property described and there is no encroachment or
trespass unless noted in the report.
No survey of the property
has been made by Appraiser and no responsibility is assumed in connection with such
matters. Any maps, plats, plans, sections or other drawings reproduced and included in the
report are there only to assist readers with visualizing the property and are not
necessarily to scale. The reliability of information contained on any such drawing is
assumed by Appraiser and cannot be guaranteed to be correct. A qualified surveyor should
be consulted if there is any concern on boundaries, setbacks, encroachments or other
survey matters.
Discuss your mineral
property appraisal, mining business valuation, or other mineral industry
related concerns with Mineral Business Appraisal:
Michael R. Cartwright michael@minval.com
Five Claret Court, Reno, NV 89512-4744
Tel/Fax: 775-322-9028
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