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LIST OF PREPRINTED POLICY EXCLUSIONS AND EXCEPTIONS
<br /> CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -- 1990
<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,attorney's fees or expenses which arise by
<br /> reason of:
<br /> 1. (a)Any law,ordinance or governmental regulation(including but not limited to building or zoning laws,ordinances,or regulations)restricting,regulating,prohibiting
<br /> or relating to(i)the occupancy,use or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a
<br /> separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the
<br /> effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement 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 /> (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 encumbrance
<br /> 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 coverage any taking
<br /> 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,lies,encumbrances,adverse claims or other matters:
<br /> (a)whether or not recorded in the public records at Date of Policy,but 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 the Company,by
<br /> the insured claimant prior to the date of 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 insured mortgage or for the estate or interest insured
<br /> by this policy.
<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 subsequent
<br /> owner of the indebtedness,to comply with the 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 arise out of the transaction evidenced by the insured mortgage land is based
<br /> upon usury or any consumer credit protection or truth in lending law.
<br /> 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy of the transaction creating the interest of the insured
<br /> lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws.
<br /> EXCEPTIONS FROM COVERAGE (SCHEDULE B - PART I)
<br /> Th; Ilicy does not insure against loss or damage(and the Company will pay costs, attorneys fees or expenses)which arise by reason of:
<br /> 1. j Taxes or 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
<br /> 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 agency or by the
<br /> 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 which may be asserted
<br /> by persons in possession thereof.
<br /> 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records.
<br /> 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other fats which a correct survey would disclose,and which are not shown by the
<br /> public records.
<br /> 5. (a)Unpatented mining claims;(b)reservations or exceptions in patens or in Acs authorizing the issuance thereof,(c)water rights,claims or title to water,whether or
<br /> not the matters excepted under(a),(b)or(c)are shown by the public records.
<br /> AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
<br /> AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
<br /> EXCLUSIONS FROM COVERAGE
<br /> 1. (a)Any law,ordinance or governmental regulation(Including but not limited to building or zoning laws,ordinances, or regulations)restricting,regulating,prohibiting
<br /> or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)
<br /> a separation in ownership or a change in the dimensions or area of land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect
<br /> of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement 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 /> (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 encumbrance
<br /> 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 coverage any taking
<br /> 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)whether or not recorded in the public records at Date of Policy,but 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 the Company by
<br /> the insured claimant prior to the date of 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 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 of federal bankruptcy,state
<br /> insolvency,or similar creditors' rights laws,that is based on:
<br /> (a)the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or
<br /> (b)the transaction creating the estate or interest insured by the policy being deemed a preferential transfer except where the preferential transfer results from the failure:
<br /> (i)to timely record the instrument of transfer;or
<br /> (ii)of such recordation to impart notice to a purchaser for value or a judgement or lien creditor.
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