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room M. IUnn.CABLE(2/10/97) <br /> Addendum to Exhibit A <br /> (e) resulting in loss or damage which would not have been sustained in the insured Claimant has paid value for the Insured 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 inability or failure of any subsequent <br /> owner of the indebtedness,to comply with 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 arises out of the transaction evidenced by the Insured Mortgage and is based <br /> upon: <br /> (a) usury,except as provided under insuring provision 10 of this policy;or <br /> (b) any consumer credit protection or truth in lending law. <br /> 6. Taxes of assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. <br /> 7. Any claim,which arises out of the transaction creating the interest of the mortgagee 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 interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or <br /> (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or <br /> (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the <br /> failure: <br /> (1) to timely record the instrument of transfer,or <br /> (i)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. <br /> g. Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has knowledge <br /> that the ves[ee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under <br /> insuring provision 7. <br /> 9. Lack of priority ofthelien of the Loured Mortgage as to each and every advancemadeafter Date of Policy,and all interest charged thereon,overhens,encumbrances <br /> and other matters affecting title,the existence of which are known to the Insured at: <br /> (a) The time of the advance;or <br /> (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged,if the rate of interest is greater as a result <br /> of the modification than it would have been before the modification. <br /> This exclusion does not limit the coverage provided under insuring provision 7. <br /> SCHEDULE B <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. Environmental protection liens provided for by the following existing statutes,which liens will have priority over the lien of the Insured Mortgage when they arise: <br /> NONE. <br /> 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 <br /> WITH EAGLE PROTECTION ADDED <br /> WITH REGIONAL EXCEPTIONS <br /> When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the <br /> exclusions Be forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy: <br /> SCHEDULE B <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 /> Part One: <br /> - 1. Taxes and 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 /> 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry <br /> of persons in possession thereof. <br /> 3. Easements,claims of casement or encumbrances which are not shown by the 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 are not shown by <br /> public records. <br /> 5. Unpatented mining claims;reservations or exceptions in patents or in acts authorizing the issuance thereof;water rights,claims or title to water. <br /> 6. Any lien, for services, labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. <br /> Part Two: <br /> �1. Environmental protection liens provided for by the following existing statues,which liens will have priority over the lien of the Insured Mortgage when they arise: <br /> NONE. <br />