Order No: 09205693-920-CMM-CM8
<br />Attachment 1
<br />ATTACHMENT ONE
<br />CALIFORNIA LAND TITLE ASSOCIATION
<br />STANDARD COVERAGE POLICY —1990
<br />EXCLUSIONS FROM COVERAGE
<br />The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
<br />expenses which arise by reason of:
<br />1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting,
<br />regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement
<br />now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
<br />land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except
<br />to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation
<br />affecting the land has been recorded in the public records at Date of Policy.
<br />(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or
<br />encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
<br />2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
<br />coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
<br />3. Defects, liens, encumbrances, adverse claims or other matters:
<br />(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
<br />(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
<br />the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
<br />(c) resulting in no loss or damage to the insured claimant;
<br />(d) attaching or created subsequent to Date of Policy; or
<br />(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate
<br />or interest insured by this policy.
<br />4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any
<br />subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
<br />5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
<br />mortgage and is based upon usury or any consumer credit protection or truth in lending law.
<br />6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest
<br />of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
<br />EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
<br />This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
<br />1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
<br />by the public records.
<br />Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of
<br />such agency or by the public records.
<br />2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which
<br />may be asserted by persons in possession thereof.
<br />3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
<br />4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not
<br />shown by the public records.
<br />5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to
<br />water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
<br />6. Any lien or right to a lien for services, labor or material not shown by the public records.
<br />CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
<br />ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE
<br />EXCLUSIONS
<br />In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
<br />1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
<br />a. building;
<br />b. zoning;
<br />C. land use;
<br />d. improvements on the Land;
<br />e. land division; and
<br />f. environmental protection.
<br />This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
<br />2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not
<br />limit the coverage described in Covered Risk 14 or 15.
<br />3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
<br />4. Risks:
<br />a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
<br />b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
<br />C. that result in no loss to You; or
<br />d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
<br />5. Failure to pay value for Your Title.
<br />6. Lack of a right:
<br />a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
<br />Attachment One (6-5-14) CA & NV
<br />
|