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<br />4. A&AN LAND TITLE ASSOCIATION LOAN Poa . 1970 <br />WITH A.loT.A. ENDORSEMENT FORM 1 COVERAGE <br />SCHEDULE OF EXCLUSIONS FROM COVERAGE <br /> <br />1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the <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. or <br />prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or <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 POliCY. <br />3 Defo;cts. liens. encumbrances, adverse claims. or other matters (a) created, suffered. assumed or agreed to by the insured claimant; (b) nOt known to the <br />Company and not shown by the public records but known to the insured claimant either at Date of PoliCY or at the date such claimant acquired an estate Or <br />interest insured by this policy or acquired the insured mortgage and not eisclosed in writing by the insured claimant to the Company prior to the date Such <br />insured claimant becamo; an insured hereunder; (c) resulting in no loss or damage to the insured claimarn; (dl attaching or created subsequent to Date of POliCY <br />(except to the extent insurance is afforded to,erein as to any statutcr'{ lien for labor or material or to thO' extent insurance is afforded herein as to assessments <br />tor street improvements under construction or completed at Date of Policy!. <br />4. Unenforceability ot the hen of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to <br />comply with applicable "doing business' laws of the state in which the land is situated. <br /> <br />5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS <br /> <br />When the American Land Title Association Lenders POlicy is usee as a Standard Coverage PoliCy and not as an Extended Coverage Policy. the exclusions set forth in <br />paragraph 4 above are used and the following exceptions to coverage appear in the policy. <br /> <br />SCHEDULE B <br /> <br />ThiS policy does not Insure agairlst loss or damage by reason of the matters shown in parts one and two tollowing: <br />Part One' <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 by the <br />publiC records. <br />2. Any faCts. nghts. interests. or claims which are not shown by the public records but which could be ascertained by arl inspection of said land or by making <br />inquiry of persons in posseSSion thereof. <br />3. Easements. claims of easement Or encumbrances which are not shown by the public records. <br />4. Discrepancies. conflicts in bouncary lines. shortage in area, encroachments, or any cther tacts 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 thereol; water rights, claims or title to water. <br />6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished. imposed by law and not shown by the public records. <br /> <br />6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 <br />WITH A.loT.A. ENL)ORSEMa~1 F::JRM i COV::RAG= <br />EXCLUSIONS FROM COVERAGE <br /> <br />The followmg matters a'e eX;lressly 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. (al Any law. ordinance or governmental regulation (including but not limited to building and zoning laws. ordinances. or regulations I restricting, regulating. <br />prohibiting or relating to (i) 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. (iii! a separation in ownership or a change in the dimensions or area cf the land or any parcel of which the lar.d is or was a par:; or li'JI <br />environmental protection, or the e'lect 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 encumbrance resulting trom a viola:ion or alleged violation affectlOg the land has been recorded in the <br />public recoras at Date of Policy. <br />(bl Any governmental police power not excluded by lal above. except to the extent that a notice of the exercise thereof or a notice of a defecl. lien or <br />encumbrar',ce 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 trom coverage an',' <br />taking which has occurred prior to the 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 />(al created, suffered. assumed Or agreed to by the Insured claimant; <br />(bJ 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 the <br />Company by the msured claimant prior to the date the insured claimant became an insured under this pOlicy; <br />Ici resulting in no loss or damage to the insured claimant; <br />':ldJ attaching or created subsequent to Date of PoliCY (except to the extent that this pOlicy insures the priority of the lien of the insured mortgage over an', <br />statutory hen tor services. labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or <br />completed at date of pohcy); or <br />Ie) resulting in loss or damage which It,'ould nor have bo;en sustained if the insured claimant had paid value for the insured mortgage. <br />4. Unentorceability 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 mClrtgage. or claim thereof. which arises Out of the transaction evidenced by the insured mortgage and <br />IS basad upon usury or any consumer credit protection or truth In lending law. <br />6 Any statutory lien for services, labor or materials (or the claIm of priority of any statutory lien for services. labor Or materials over the lien of the insurec <br />mortgage) a"slng from an improvement or work related to the land which is contracted for and commenced subsequent to Date of PoliCY and is not financed <br />in ....nole or in part b., proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to <br />advance:. <br />7 Anv claim. which ariso;s out of the transaction creating the interest ot the mortgagee insured by this policy, by reason of the operation of federal bankruptc'. <br />state insolvency, or Similar creditors' fights laws. thar is based on: <br />Iii the transaction creating the Interest of tne Insured mOrtgagee being deemed a fraudulent conveyance or fraudulent transfer. or <br />1"1 the subordination at tne mterest of the insured mOrtgagee as a result of the applica:lon of the doctrine of equitable subordination; or <br />(i,,! tne transaction creat,r.g the interest of the msured mortgagee being deemed a pre/erential transfer except where the preferential transfer results tram the <br />tad'Jre. <br />(al to timely record the instrument of transfer; or <br />(bJ of such recordation to Impart notice to a purChaser for value or a judgment or lien creditOr. <br /> <br />7. AMERICAN LAND TITLE ASSOCIA TJON LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS <br /> <br />When the Amencan Land Title Association pOliCY is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set torth in paragraph <br />6 above are used and rhe lollowing exceptIons to coverage appear in the poltcy. <br /> <br />Exhibit C <br />