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AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) <br /> and <br /> AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) <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. attorneys' fees or <br /> 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:ocation of any improvement <br /> now or hereafter erected on the land:(iii)a separation in ownership or a 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 or <br /> 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 to <br /> 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;or <br /> (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this <br /> policy <br /> 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation <br /> of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: <br /> (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or <br /> (it) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential <br /> transfer results from the failure: <br /> (a) to timely record the instrument of transfer; or <br /> (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. <br /> The above policy forms 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 General Exceptions: <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)which arise by reason of: <br /> 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that leviestaxes or assessments on real property or <br /> by the public records. <br /> Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such <br /> ddency or by the public records. <br /> 2 Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making <br /> inquiry of persons in possession thereof. <br /> 3. Easements,liens or encumbrances,or claims thereof.which are not shown by the public records. <br /> a Discrepancies,conflicts in boundary lines.shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are <br /> not shown by the public records. <br /> 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 <br /> water.whether or not the matters excepted under(a),(b)or(c)are shown by the public records. <br />