Purchase And Sale Agreement Form Page 15

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(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 writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c)
resulting in no loss or damage to the Insured Claimant;
(d)
attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or
(e)
resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4.
Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where
the Land is situated.
5.
Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based
upon usury or any consumer credit protection or truth-in-lending law.
6.
Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured
Mortgage, is
(a)
a fraudulent conveyance or fraudulent transfer, or
(b)
a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7.
Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of
recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions
from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
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:
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 property or by the
Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of
such agency or by the Public Records.
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 that may be asserted by
persons in possession of the Land.
3.
Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey
of the Land and not shown by the Public Records.
5.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether
or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
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 that arise by
reason of:
1.
(a)
Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i)
the occupancy, use, or enjoyment of the Land;
(ii)
the character, dimensions, or location of any improvement erected on the Land;
(iii)
the subdivision of land; or
(iv)
environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided
under Covered Risk 5.
(b)
Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2.
Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.
Defects, liens, encumbrances, adverse claims, or other matters:
(a)
created, suffered, assumed, or agreed to by the Insured Claimant;
(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 writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c)
resulting in no loss or damage to the Insured Claimant;
(d)
attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e)
resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4.
Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in
Schedule A, is
(a)
a fraudulent conveyance or fraudulent transfer; or
(b)
a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
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 the date of
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions
from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
CLTA Preliminary Report Form (01-01-08)
Exhibit A
20121566DN

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