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SCI IEDULE 1 (Continued) <br /> AMERICAN [AND TITLE ASSOCIATION LOAN POLICY- 1970 (Rev. 4-6-90) <br /> WITH ALTA ENDORSEMENT FORM 1 COVERAGE <br /> SCHEDULE OF EXCLUSIONS FROM COVERAGE <br /> The following matters are expressly excluded from the coverage of this policy: <br /> 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulatinf <br /> or prohibiting the occupancy,use or enjoyment of land,or regulating the character,dimensions or location of any improvement now of <br /> hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or tht <br /> effect of any violation of any such law, ordinance or governmental regulation. <br /> 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public <br /> records at Date of Policy. <br /> 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, <br /> (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or a1 <br /> the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed it <br /> writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c)resulting in <br /> no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance i� <br /> afforded herein as to any statutory Kien for labor or material or to the extent insurance is afforded herein as to assessments fur <br /> street improvements under construction or completed at Date of Policy). <br /> 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner <br /> of the indebtedness to comply with applicable "doing business laws" of the state in which the land is situated. <br /> 5. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the <br /> operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. <br /> AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - (4-6-90)WITH AL.TA ENDORSEMENT <br /> FORM 1 COVERAGE 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, <br /> attorneys' fees or expenses which arise by reason of: <br /> 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or <br /> regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, <br /> dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the <br /> dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of <br /> violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a <br /> notice of a defect, lien 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 therof or a notice of <br /> a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public: <br /> records at Date of Policy. <br /> 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not <br /> excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser <br /> for value without knowledge. <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 <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 (except to the extent that this policy insures the priority of the lien of the <br /> insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to <br /> assessments for street improvements under construction or completed at date of policy); or <br /> (e) resulting in loss or damage which 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 the insured at Date of Policy, or the <br /> inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business laws" of the state in which <br /> the land is Situated. <br /> 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced <br /> by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. <br /> 6. Any statutory lien for services, labor or materials (or claim of priority of any statutory lien for services, labor or materials <br /> over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced <br /> subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage <br /> which at Date of Policy the insured has advanced or is obligated to advance. <br /> 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the <br /> operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. <br /> FTG 3157-6 (Rev 4-6-90) <br />