Laserfiche WebLink
Exhibit A <br /> AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(1-17-92) <br /> :- AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(1-17-92) I <br /> EXCLUSIONS FROM COVERAGE ; <br /> i <br /> l <br /> The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' Pees or. <br /> expenses which arise by reason oh <br /> t. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances or <br /> regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, <br /> dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in <br /> 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 effect <br /> of any violation of these laws, ordinances orggovernmental regulations, except to the extent that a notice of the enforcement <br /> thereof or a notice of a defect, lien or encumhrance resulting from a violation or alleged violation affecting the land has been <br /> 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 <br /> notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the <br /> public records at Date of Policy. <br /> z. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not <br /> excluding from coverage any takin which has occurred prior to. Date of Policy which would be binding on the rights of a <br /> 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 <br /> disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this <br /> policy; <br /> (c) 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 <br /> insured mortgage over any statutory lien for services, labor or material or to the extent insurance.is afforded herein as to <br /> assessments for street improvements 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 <br /> 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 <br /> inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in <br /> which the land is situated. <br /> S. lnvalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced <br /> by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. <br /> r, Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over <br /> the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and <br /> commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the <br /> insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. <br /> 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, .by reason of the <br /> operation of federal bankruptcy, state insolvency,or similar creditors'rights laws,that is based on: <br /> (i)the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or <br /> (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable <br /> subordination;or <br /> (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the <br /> preferential 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 <br /> Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General <br /> Exceptions: <br />