SU0006060_SSCRPT - Laserfiche WebLink

Home Browse Search

LIST OF PREPRINTED POLICY EXCLUSIONS AND EXCEPTIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -- 1990 EXCLUSIONS FROM COVERAGE 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 reason of. 1. (a)Any law, ordinance or governmental regulation(including but not limited to building or zoning laws,ordinances,or regulations)restricting,regulating,prohibiting 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 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 pan;or(iv)environmental protection,or the effect of any violation of Nese laws,ordiriarices or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or erxvmbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records a Date of Policy. (b)Any governmental police power nor=eluded by(a)above,except to the exrsnt Nat a notice of the ucreise thereof or a and=of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records a Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records a Date.of Policy,but not excluding from 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. 3. Dcfccs, liens,encumbrances,adverse claims or other matters: (a)whether or cwt recorded in the public records a Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b)not known to the company,not recorded in the public records a Date of Policy,but known in the insured claimant and not disclosed in writing to the Company,by the insured claimant prior to the date of the insured claimant became an insured under this policy; - (c)resulting in an loss or damage to the insured claimant; (d)attaching or created subsequent m Date of Policy or; (e)resulting in loss or damage which would am have been sustained if Ne insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured a Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,in comply with the applicable doing business laws of the stare in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arise out of the transaction evidenced by Ne insured mortgage land is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vating in the insured the awe or interest insured by this policy of the transaction creating the interest of the insured tender.by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. EXCEPTIONS FROM COVERAGE (SCHEDULE B - PART n s policy does not insure against loss or damage(and the Company will pay cons,amrrieys fees or expenses)which arise by reason of: Taxa or assessments which are not shown m existing liens by the records of any taxing authority that levies coxa or assessments on real property or by the public records. Proceedings by a public agency which may result in taxa or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 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 by persons in possession thereof. 3. Easemens. liens or encumbrances,or claims thereof,which are cot shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other fats which a correct survey would disclose,and which me not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights,claims or title in water,whether or net the mutters excepted under(a),(b)or(c)are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE 1. (a)Any law. ordinance or governmental regulation(including but not limited to building or zoning laws,ordinances,or regulations)restricting,regulating,prohibiting of misting to(i)the occupancy, use,or enjoyment of the lard;(ii)the character.dimensions or location of any improvement now or herarRer vented on the land:(iii) 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 of any violation of these laws. ordinances or governmental regulations,except m 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 affecting the land has been recorded in the public records m Date of Policy. (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 resulting from a violation or alleged violation affecting the land has been recorded in the public records a[Dam of Polity. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records ar Date of Policy,but not excluding from 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. 3. - Defects,liens, encumbrances.adverse claims or other matters: (a)wheeler or not recorded in the public records an Date of Policy,but created,suffered,assumed or agreed to by the insured claimant: (b) not known to the Company,act recorded in the public records a Date or Policy,but known to the insured claimant and not disclosed in writing w the Company by the insured claimant prior to the date of the insured claimant became an insured under this policy. (c)resulting in no loss or damage to the insured claimant: (d)attaching or created subsequent in Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the awe or interest insured by this policy. 4. Any claim which arises out of the transaction vesting in the Insured the awe or interest 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 trm cation creating the estate of interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (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: (i)to timely record the instrument of transfer;or (ii)of such recordation to impart notice to a purchaser for value or ajudgement or lien creditor.