A-2002-020 - Laserfiche WebLink

Home Browse Search

5. . ;~vali~ity '~r unenforceability of the lien of th.red Mortgage, or claim thereof, which arises out of theSaction evidenced by the Insured '~o~gage and is based upon: fa) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the land subsequent to Date of Policy. 7. Any claim, which arises Out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency. or similar creditors' rights laws. that is based on: (al the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or Ic) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure, (il to timely record the instrument of transfer; or (iil of such recordation of impart notice to a purchaser for value or a judgment or lien creditor. 8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. . 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy. and all interest charged thereon. over liens, encumbrances and other malters affecting title. the existence of which are Known to the Insured at: (a) The time of the advance; or lb) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged. if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULE B This pOlicy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expensesl which arise by reason of: 1. Environmental protection liens provided for by the following existing statutes. which liens will have priority over the lien of the Insured Mortgage when the'l arise: NONE. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land.Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Poky the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy: SCHEDULE B This policy does not insure against loss or damage land the Company will not pay costs. attorneys' fees or expenses) which arise by reason of: Part One: 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 :he public records. 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 makl~g inquiry of persons in possession thereof. 3. Easements. claims of easement or encumbrances whiCh are not shown by the public records. 4. Discrepancies. conflicts in boundary lines, shortage in area, encroachments. or any other facts which a correct survey would disclose, and which are not Shown by public records. 5. Unpatented mining claims: reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights. claims or title to water. 6~_: Any lien. or fight to a lien, for services. labor or material theretofore or hereafter furnished. imposed by law and not sho"";n by the public records. Part Two: 1. Environmental protection liens provided for by the fallowing existing statutes. which liens will have priority over the lien of the Insured Mortgage when the', aflse: NONE. FYh;hif ~