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<br />SCHEDULE B
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<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 tha.t levies taxes or assessments on real property or by the
<br />public records.
<br />2. Any facts, rights, jnterests, or claims which are not shown by the public records but which could be ascertained by an 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 boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not
<br />shown by public records.
<br />5 Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
<br />6. t..ny lien, or rig~.t to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
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<br />8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY. 1992
<br />EXCLUSIONS FROM COVERAGE
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<br />4.
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<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 expenses
<br />which artse by reason of:
<br />1. la) Any law, ordinance or governmental regulation (including but nOt limited to building and zoning laws, ordinances, or regulations) restricting, regulating.
<br />prohibiting or relating to (il the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now Of hereafter
<br />erected on the land, liil) 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 (iv)
<br />environmental protection, or the 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, Jien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
<br />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 a 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 />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 the Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
<br />Defects, liens, encumbrances, adverse claims, or other matters:
<br />created, suffered, assumed or agreed to by the insured claimant;
<br />not known to the Company. not recorded in t~,e public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the
<br />Company by the insured claimant prior to the date the insured claimant became an insured under this pOlicy;
<br />resulting in no loss or damage to the insured Claimant;
<br />attaching or created subsequent to Date of POlicy; or
<br />resulting in loss or damage which would not have been sustained if the insured claimant had paid value f:)r the estate or interest insured by this policy.
<br />Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this pOlicy, by reason of the operation of federal
<br />bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
<br />(i) the transaction creating the estate or interest insured by this pelicy being deemed a fraudulent conveyance or fraudulent transfer; Or
<br />Ii,) the transactIon creating the estate or interest i..1s..;red Dr this pC/joy being deemed a preferential transfer except where the preferential transfer results from the
<br />faiiure.
<br />(a) to timely record the instrument of transfer; or
<br />lb) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
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<br />9. A~ERICAN LAND TITLE ASSOCIATION OWNER'S POLICY. 1992 WITH REGIONAL EXCEPTIONS
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<br />When the American Land Title Association poliCY is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph
<br />e above are used and the foHowing exceptions to coverage appear in the policy.
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<br />SCHEOULE B
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<br />ThIS pOlicy does nOt insure against loss or damage land the Company wiH not pay costs, attorneys' fees or expenses) which arise by reason of;
<br />Part One.
<br />, . T axes 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 />puOlic 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 0' 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 boundary l,nes, Shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not
<br />shown by public records.
<br />5.. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
<br />e. " 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.
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<br />10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987
<br />EXCLUSIONS
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<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 any law or government regulation. This includes building and zoning ordinances and also laws
<br />and regulations concerning
<br />. land use . land diVIsion
<br />. improvements on the land . envIronmental protection
<br />This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
<br />ThiS exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
<br />2. The nght to take the land by condemning it, unless:
<br />a notice of exerc,slng the right appears In the publiC records on the Policy Date
<br />tne taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
<br />3. T,tle R,sks:
<br />that are created, allowed. or agreed to by you
<br />. that are known to you, but not to us. On the Policy Date - unless they appeared in the public records
<br />. that result In no loss to you
<br />that 'liS: affect your t,tle after the PoliCy Date - this does not limit the labor and material lien coverage in Item 8 of Covered T,tle RIsks
<br />4 Failure to pay value for your title.
<br />5. Lack of a right:
<br />. to any land outside the area speCifically described and referred to in Item 3 of Schedule A, or
<br />. in streets, alleys. or waterways that touch your land
<br />ThiS exclUSIon does not limIt the access coverage in Item 5 of Covered Title RIsks.
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