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inn No. 1068.EAGLE(2/10/97) ]dendum to Exhibit A (e) resulting in loss or damage which would not have been sustained in the Insured Claimant has paid value for the Insured Mortgage. r Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any Subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the Land is situated. Invalidity or unenforecabiliry,of the lien of the insured Mortgage,or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based r upon: (a) usury,except as provided under insuring provision 10 of this policy;or (b) any consumer credit protection or truth in lending law. r Taxes of assessments of any taxing or assessment authority which become a lien on the Land subsequent m Date of Policy. r. Any claim, which arises out of rhe transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy,state insolvency,or similar creditors' rights laws, that is based on: (a) the transaction creating rhe interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or " (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. Lack of priority of the lien of the Insured Mortgage M to each and every advance made after Date of Policy,and all interestcharged thereon,over liens,encumbrances and other matters affecting tide, the existence of which are known to the Insured at: r (a) The time of the advance;or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged,if the rate of interest is greater as a rc-W, of the modification than it would have been before the modification. r This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULE B ..s policy does not insure against loss or damage(and the Company will not pay costs,anomeys'fees or expenses)which arise by reason of: Environmental protection liens provided for by the following existing statures,which liens will have priority over the lien of the btsured Mortgage when they arise NONE. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS hen the American Land Tide Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the 'unions set forth in paragraph 12 above are vied and the following exceptions to coverage appear in the policy: SCHEDULE B policy does not insure against loss or damage(and the Company will not pay costs, attorneys'fees or expenses)which arise by reason of: 4a One: Taxes and assessments which 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. r Any facts, rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. r Easements,claims of easement or encumbrances which are not shown by the public records. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof;water rights,claims or title in water. Any lien, for services,labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. -t Two: Environmental protection liens provided for by the following existing statues, which liens will have priority over the lien of the Insured Mortgage when they arise. NONE.