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Order Number; O -SA -4443323 <br />Page Number: 12 <br />(a) a notice of exercising the right appears In the public records on the Policy Date <br />(b) the taking happened prior to the Policy Date and Is binding on you If you bought the land without knowing of the taking <br />3. Title Risks: <br />(a) that are created, allowed, or agreed to by you <br />(b) that are known to you, but not to us, on the Policy Date -- unless they appeared In the public records <br />(c) that result In no loss to you <br />(d) that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 or Covered Title Risks <br />4. Failure to pay value For your title. <br />S. Lack of a right: <br />(a) to any land outside the area specifically described and referred to In Item 3 of Schedule A OR <br />(b) 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. <br />2006 ALTA LOAN POLICY (O6-17-06) <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' <br />fees, or expenses that arise by reason of: <br />I, (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, <br />prohibiting, or relating to <br />(I) the occupancy, use, or enjoyment of the Land; <br />(11) the character, dimensions, or location of any Improvement erected on the Land; <br />(li) 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 Clalmant; <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 <br />In 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 11, <br />13, or 11); or <br />(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. <br />4, Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing - <br />business laws of the ,tate where the Land Is situated. <br />5. Invalidity or unenforceablllty In whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the <br />Insured Mortgage and is based upon usury or any consumer credit protection or truth-In-londing law. <br />6. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction creating <br />the lien of the Insured Mortgage, Is <br />(a) a fraudulent conveyance or fraudulent transfer, or <br />(h) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. <br />7. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of <br />Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage <br />provided under Covered Risk 11(b). <br />The above policy farm may be Issued to afford either Standard Coverage or Extended Coverage, In addition to the above Exclusions from <br />Coverage, the Exceptions from Coverage In a Standard Coverage policy will also Include the following Exceptions from Coverage: <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 />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 <br />proceedings, 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 but that could be ascertained by an inspection of the Land or <br />that may be asserted by persons in possession of the Land <br />3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. <br />FrstAmencan Title <br />Page 12 of 15 <br />75M-20 <br />