|
CLTA Preliminary Report Form
<br /> EXHIBIT "A' (Rev. 1-19-91)
<br /> CALIFORNIA LAND TITLE ASSOCIATION
<br /> 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,
<br /> attorney's fees or expenses which arise by reason of:
<br /> 1. (a) Any law, ordinance or governmental regulations (including but not limited to building or zoning laws, ordinances or
<br /> regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the
<br /> character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a
<br /> 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,
<br /> or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the
<br /> enforcement thereof or a notice of a defect, lien or encumbrances resulting from a violation or alleged violation affecting the
<br /> land has been recorded in the public records at date of policy. (b) Any governmental police power not excluded by (a) above,
<br /> except to the extent that a notice of the excercise thereof or a notice of a defect, lien or encumbrance resulting from a
<br /> 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
<br /> not excluding from coverage any taking 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) whether or not recorded in the public records at date of policy, but created, suffered, assumed or agreed to by the insured
<br /> 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; or
<br /> (e) resulting in loss or damage which would not have been sustained if the insured claimant has paid value for the insured mortgage
<br /> or for the estate or interest insured 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
<br /> or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of
<br /> 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
<br /> evidenced by the insured mortgage and is based 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 of interest insured by this policy or the
<br /> transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or
<br /> similar creditors' rights laws.
<br /> EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I
<br /> This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which
<br /> arise by reason of:
<br /> PART I
<br /> 1. Taxes or assessment which are not shown as existing liens by the records of any taxing authority that levies taxes or
<br /> assessments on real property or by the public 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 /> the records of such agency or by the 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
<br /> inspection of the land which may be asserted 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 facts which a correct survey would
<br /> disclose, and which are not shown by the public records_
<br /> 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
<br /> rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
<br /> AMERICAN LAND TITLE ASSOCIATION
<br /> RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
<br /> EXCLUSIONS
<br /> In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorney's fees, and expenses
<br /> resulting from:
<br /> 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building
<br /> and zoning ordinances and also laws and regulations concerning:
<br /> land use land division
<br /> improvements on the land environmental protection
<br /> -his exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy
<br /> date_
<br /> This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
<br /> (List of Printed Exceptions and Exclusions Continued on Next Page)
<br /> STEWART TITLE
<br /> Guaranty Company
<br />
|