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ATTACHMENT ONE <br /> (CONTINUED) <br /> 2006 ALTA LOAN 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, <br /> attorneys'fees,or 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, <br /> prohibiting,or 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 <br /> the 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 <br /> disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this <br /> 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 <br /> 11, 13,or 14);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 <br /> doing-business laws of the state where the Land is situated. <br /> 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 <br /> Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. <br /> 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction <br /> creating the lien of the Insured Mortgage,is <br /> (a) a fraudulent conveyance or fraudulent transfer,or <br /> (b) 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 form 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 <br /> real 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 <br /> Land or 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 /> 4. Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate <br /> and complete land survey of the Land and not shown by the Public Records. <br /> 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Ads authorizing the issuance thereof; (c)water rights, <br /> claims or title 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 or material not shown by the Public Records. <br /> Attachment One(06/03/11) <br />