|
<br />EXHIBIT A
<br />LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Typel
<br />
<br />e
<br />
<br />e
<br />
<br />1. CALIFORNIA LAND TiTlE ASSOCIATION STANDARD COVERAGE POLICY - 1990
<br />SCHEDULE B
<br />
<br />EXCEPTIONS FROM COVERAGE
<br />
<br />Tnis poli:;y do~s not insure against IOS3 or damage (and the Company will not pay cOSts. attorneys' fees or expe"sesl which arise by reason of:
<br />,. Taxes or assessments which are not shown as existing lie"s by the records of any taxing authority that le'lies taxes or assessments on real property or by the
<br />public records. Proceedings by a public agency whicr. may result in taxes or assessments. or notice of SuCh proceedings. whether or not shown by the records
<br />of such agency or by the public records.
<br />2. Any facts. rights. interests or claims whiCh are not shown by the pubJic records but which could be ascertained by an inspection of the land Or which may be
<br />asserted by persons in possession thereof.
<br />3. Easements. liens or encumbrances. or claims thereof. which are not shown by the public records.
<br />4. Discrepa:1cies. conflicts in boundary lines. shortage i:1 area. encroachments, or any other facts which. a coerect survey would disclos~. and which are nct
<br />shown by the public records.
<br />5. (ai Unpatented mining Claims; lb) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights. claims or title to water.
<br />wheth~r or not the matt~rs excepted under (a). (b). or (c) are shown by the public records.
<br />
<br />EXCLUSIONS FROM COVERAGE
<br />
<br />Tne following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, COSts, attorneys' fees or expenses
<br />which arise by reason of:
<br />1. (a) Any law. ordinance or governmental regulation (including t<.;t nOt limited to building and zoning laws, ordinances. or regulations) restricting. regulatln~,
<br />prohibiting or relating to Ii! the occupancy, use, or enjoyment of the land; (ii) the character, dimensions Or location of any improvement now or hereafter
<br />erected on the land, {iiii a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land IS or was a part; or ('v)
<br />e"vironr:1entai protection. or tr,e effect of any violation of these laws, ordinances or governmental regulations. except to the extent that a notice of the
<br />enforcement thereof or a notice of a defect, lien or eClcumbrance reSUlting from a violarion or alleged violarion affectll19 the land has been recorded in the
<br />public records at Dare of Policy.
<br />(bl Any governmental police power not excluded by (al above. except to the extent that a notice of the exercise thereof or a notice of a defect. lien C'
<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 coverage any
<br />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, encumbraClces. adverse claims,or other matrers:
<br />la: ",'lether or not reco.cad in t",e pubi;c records at Dare of POliCY. but created, suffered, assumed Or agreed ro by the insured claimant;
<br />I::J) nc: .nO'Nn :~ t:oe :er-:2"'r, no: recorded in the public records at Date of POlicy, but known to the insured claimant and not disclosed in writing to the
<br />Company by the insure: claiMan: pr:or to the date the insured claimant became an insured under this policy;
<br />(c) resultin: In no loss or damage to the insured Claimant;
<br />(dl a:tachi':;g or created subsequent to Date of PoliCY; or
<br />leJ resulting in loss or damage which would nor have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or inreres:
<br />Insured by thiS polilty.
<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 />subsequenr owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is siruated.
<br />5. Invalidity or unenforceabilit\, of the lien of tne insured mortgage, or claim thereof, whie!, arises our of the transaction evideneed by the insured mortgage cr,d
<br />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 or interest insured by their policy or the transaction creating the interest of :ne
<br />insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
<br />
<br />2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
<br />SCHEDULE OF EXCLUSIONS FROM COVERAGE
<br />
<br />, . Any law. ordinance or governmental regulation (including but nOt limited to building and zoning ordinances) restricting or regulating or prohibiting t>"e
<br />occupancy, use or enJoyment of the land, or regulating the character. dimensions or location of any improvement now or hereafter erected on the land, 0'
<br />prohibiting a separar,on In ownership or a reduction In the dimenSions of area of the land, or the eftect of any violation of any such Jaw. ordinane;; cr
<br />governmental regulation.
<br />2". RightS of eminent domain or governmental rights of police power unless notIce of the exercise of such rights appears in the public records at Date of Po/icy.
<br />3. -' Defects, 'lens, encumbrances, adverse claims, or other matters (aJ created, suffered, assumed or agreed to by the insured claimant; (bl not known to tne
<br />Company and not shown by the publiC records but known to the insured claimant either at Date of PoiJcy or at the date such claimant acquired an estate or
<br />interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured
<br />hereunder; (cl resulting In no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (el resulting in loss or damage
<br />which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this pOlicy.
<br />
<br />3. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B - 1970
<br />WITH REGIONAL EXCEPTIONS
<br />
<br />When the American Land Title Association policy is used as a Standard Coverage Pelicy a"d nct as an Extended Coverage Policy the exclusions set forth In paragrJ~~
<br />2 above a"~ us~d and the fOllowing exceptions ro coverage appear in the poliCy.
<br />
<br />SCHEDULE B
<br />
<br />This policy does not Insure against loss or damage by reason of the matters shown In parrs one and twO follOWIng:
<br />Part One'
<br />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 bl' The
<br />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 said land or by ma.,ng
<br />Inquiry of persons In possession thereat.
<br />3 Easements, claims of easement or enCumbrances which are 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 no:
<br />shown by publiC records.
<br />5. Unpatented mining claims, reservations or exceptions in patents or in Acts authoriZing the issuance thereat; water righrs, claims or title to water.
<br />6. Any lien, or right to a lien. for services. labor or marerial heretofore or hereafter furnished, imposed by law and not !.hown by the public records.
<br />
<br />Exhibit C
<br />
|