|
ATTACHMENT ONE
<br /> (CONTINUED)
<br /> 2006 ALTA OWNER'S POLICY(06-17-06)
<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 that arise by reason of:
<br /> 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)restricting, regulating, prohibiting, or
<br /> relating to
<br /> (i) the occupancy, use,or enjoyment of the Land;
<br /> (ii) the character,dimensions,or location of any improvement erected on the Land;
<br /> (iii) the subdivision of land;or
<br /> (iv) environmental protection;
<br /> or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
<br /> coverage provided under Covered Risk 5.
<br /> (b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6.
<br /> 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
<br /> 3. Defects,liens,encumbrances,adverse claims,or other matters
<br /> (a) 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
<br /> writing to 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 (however, this does not modify or limit the coverage provided under Covered Risk 9
<br /> and 10);or
<br /> (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
<br /> 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws,that the transaction vesting the Title
<br /> as shown in Schedule A, is
<br /> (a) a fraudulent conveyance or fraudulent transfer;or
<br /> (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
<br /> 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and
<br /> the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
<br /> EXCEPTIONS FROM COVERAGE
<br /> This policy does not insure against loss or damage,and the Company will not pay costs,attorneys'fees,or expenses that arise by reason of:
<br /> NOTE: The 2006 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions
<br /> such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard
<br /> Coverage Exceptions listed below as 1 through 7 below:
<br /> 1. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
<br /> property or by the Public Records; (b)proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings,
<br /> whether or not shown by the records of such agency or by the Public Records.
<br /> 2. Any facts, rights, interests,or claims that are not shown by the Public Records at Date of Policy but that could be(a)ascertained by an inspection
<br /> of the Land,or(b)asserted by persons or parties in possession of the Land.
<br /> 3. Easements,liens or encumbrances,or claims thereof, not shown by the Public Records at Date of Policy.
<br /> 4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an
<br /> accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy.
<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
<br /> to 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, material or equipment unless such lien is shown by the Public Records at Date of Policy.]
<br /> 7. Any claim to(a)ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium,
<br /> clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant,
<br /> exception, conveyance, reservation, or otherwise; and (b)any rights, privileges, immunities, rights of way, and easements associated therewith or
<br /> appurtenant thereto,whether or not the interests or rights excepted in(a)or(b)appear in the Public Records or are shown in Schedule B.
<br /> Page 18 of 20
<br /> Attachment One(11/04/22)
<br />
|