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LIST OF PREPRI1i iTED POLICY EXCLUSIONS AND EXCEPTIONS <br /> CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -- 1990 <br /> EXCLUSIONS FROM COVERAGE <br /> E The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,cosa <br /> reason of: ts, ttorn ey's Pecs or expenses which arise by <br /> I. (a)Any law,ordinance of governmental regulation(including but not limited w building or zoning laws,ordinances, or regulations)restricting, regulating,prohibiting <br /> or relating to O the occupancy,use or enjoyment of the land;(ip the character,dimensions or location or any improvement now or hereafter erected on the land;(iii)a <br /> scpara'tion in ownership or a change in the dimensions or arta of the land or any parcel of which the lana is or was a part;or(iv)environmental protection,or the <br /> k effect of any violation of these laws,ordinances or governmental regulations, except to the extent that a notice of the enforcement thercof or a notice of a dcfect,lien or <br /> encumbrance resulting from a violation or alleged violation affecting the land has been retarded in the public records at Date of Policy. <br /> i y g P P y(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance <br /> (b}An governmental police ower no[excluded 6 <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.reeords ai Datc.of Policy,but not excluding from coverage any raking <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 rhe insured mortgage or for the estate or interest insured <br /> by chis 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 applicabte doing business laws of[he 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 fending law. <br /> b. 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 opgation of federal bankruptcy,state insolvency or similar creditors'rights laws, <br /> EXCEPTIONS FROM COVERAGE (SCHEDULE B - PART I) <br /> This policy does nor,insure against loss or damage(and the Company will pay costs, attorneys Feu or expenses}which arc by reason of: <br /> '=1. Taxes or assessments which are not shown as existing lietts by the records of any taxing authority that levies tastes or assessments oa 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 <br /> public records, the records of such agency or by the <br /> 2. Any facts, righu, intcresu 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 /> t 3. Easement&, liens or encumbrances.or claims thereof,which are not shown by'thc public records_ . <br /> 4. Discrepancies.conflicts in boundary lines,shortage in area,.encroachments,or any other facts which a correct survey would disclose,and which arc not shown by rhe <br /> 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 water,whether or <br /> not the matters excepted under(a),(b)or(c)arc shown by the public records <br /> AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) . <br /> AND,AIVIERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) <br /> EXCLUSIONS FROM COVERAGE - <br /> L,J (a)Any-law,ordinance or governmental regulation(Inciuding 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 naw 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 /> enaimbrance resulting-from a violation or alleged violation affecting the land has been recorded in the public records at Date or 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 dcfect,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 Ito[excluding from coverage any tasting-, <br /> which has occurred prior to pate 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 imsured claimant: <br /> (b) nes 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 or 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 cWffm tt had paid value for the mate or interest insured by this policy. <br /> 4.. Any claim which arises out of the transaction vesting in the fissured 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; <br /> or <br /> (b)the transaction creat[ng 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 /> (i7 of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. <br />