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ate:; w <br /> CAT.NO NNO1376—USE WITH NNO1374 or NNO1375 <br /> TO 3131 CA-Part 2 (10.87) , . <br /> PRELIMINARY REPORT COVER <br /> Printed Policy Exceptions and Exclusions <br /> ALTA RESIDENTIAL POLICY (6-1-87) <br /> The Exclusions and the Exceptions of the ALTA Residential • the taking happened prior to the Policy Date and is binding on you <br /> Policy Form recite that you are not insured against toss, costs, if you bought the land without knowing of the taking <br /> attorneys"fees, and expenses resulting from: 3 Title Risks: <br /> Exclusions ■ that are created.allowed,or agreed to by you <br /> 1 Governmental police power,and the existence or violation of any ■ that are knownto you.but not to us.on the Policy Date—unless <br /> law or government regulation. This includes building and zoning they appeared in the public records <br /> ordinances and also laws and regulations concerning ■ that result in no loss to you <br /> ■ land use ■ that first affect your title after the Policy Date—this does not <br /> ■ improvements on the land limit the labor and material lien coverage in Item 8 of Covered Title <br /> Risks <br /> • land division <br /> ■ environmental protection 4 Failure to pay value for your title. <br /> This exclusion does not apply to violations or the enforcement of 5 Lack of a right: <br /> these matters which appear in the public records at Policy Date. ■ to any land outside the area specifically described and referred to <br /> This exclusion does not limit the zoning coverage described in Items in Item 3 of Schedule A <br /> 12 and 13 of Covered Title Risks. or <br /> 2 The right to take the land by condemning it,unless: ■ in streets,alleys,or waterways that touch your land <br /> ■ a notice of exercising the right appears in the public records on This exclusion does not limit the access coverage in Item 5 of <br /> the Policy Date Covered Title Risks. <br /> - a <br /> _ Standard Exceptions <br /> (a) Any rights, interests or claims of parties in possession of the land not shown by the public records. <br /> (b) Any easements or liens not shown by the public records- <br /> This does not limit the lien coverage in Item 8 of the Covered Title Risks. <br /> (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. <br /> This does not limit the forced removal coverage in Item 12 of Covered Title Risks. <br /> (d) Any water rights,claims or title to water on or under the land. <br /> ALTA LOAN POLICY (10.21.87) <br /> WITH ALTA ENDORSEMENT FORM 1 COVERAGE <br /> The Exclusions from Coverage of the ALTA Loan policy form recites that the following matters are expressly excluded from the coverage of this policy <br /> and the Company will not pay loss or damage, costs, 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 regulations)restricting, <br /> regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement <br /> now or hereafter erected on the land;(iii)a separation in ownership ora change in the dimensions or area of the land or any parcel of which the <br /> land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except <br /> to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation <br /> affecting the land has been recorded in the 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 thereof or a notice of a defect.lien <br /> or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public 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 excluding from <br /> coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser 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 in writing <br /> to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; <br /> Ic) 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 insured mortgage <br /> over any statutory lien for services,labor or material,or to the extent insurance is afforded herein as to assessments for street improvements <br /> 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 inability or failure of any <br /> subseque.lt owner of the indebtedness, to comply with applicable doing business laws of the state in which 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 by the insured <br /> 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 the claim of priority of any statutory lien for services,labor or materials over the lien of the <br /> insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy <br /> and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has <br /> advanced or is obligated to advance. <br /> (Exceptions and Exclusions Continued on Reverse Side) <br />