Laserfiche WebLink
Exhibit I <br /> AM ERI CAN LAND TI TLE ASSOCI ATI ON <br /> LOAN POLI CY OF TI TLE I NSURANCE- 2006 <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, <br /> costs,attorneys'fees,or expenses that arise by reason of: <br /> 1. (a) Any law,ordinance, permit,or governmental regulation(including those relating to building and zoning)restricting, <br /> regulating, prohibiting,or relating to <br /> (i) the occupancy, use,or enjoyment of the Land,- <br /> (ii) <br /> and;(ii) the character,dimensions,or location of any improvement erected on the Land; <br /> (iii) the subdivision of land;or <br /> (iv) environmental protection;or the effect of any violation of these laws,ordinances,or governmental regulations. <br /> This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. <br /> (b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk <br /> 6. <br /> 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. <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 <br /> and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an <br /> 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(however,this does not modify or limit the coverage provided under <br /> Covered Risk 11, 13,or 14);or <br /> (e) resulting in loss or damage that 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 an Insured to comply with applicable <br /> doing-business laws of the state where the Land is situated. <br /> 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that 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, by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the <br /> transaction creating the lien of the Insured Mortgage, is <br /> (a) a fraudulent conveyance or fraudulent transfer,or <br /> (b) a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy. <br /> 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching <br /> between Date of Policy and the date of recording of the Insured Mortgage in the Public Records.This Exclusion does not <br /> modify or limit the coverage provided under Covered Risk 11(b). <br /> EXCEPTIONS FROM COVERAGE—SCHEDULE B, PART 1,SECTION ONE <br /> This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)that arise by <br /> reason of: <br /> 1. (a)Taxes or assessments that 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; (b)proceedings by a public agency that may result in taxes or <br /> assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. <br /> 2. Any facts, rights, interests,or claims that are not shown by the Public Records but that could be ascertained by an inspection <br /> of the Land or that may be asserted by persons in possession of the Land. <br /> 3. Easements, liens or encumbrances,or claims thereof, not shown by the Public Records. <br /> 4. Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by <br /> an accurate and complete land survey of the Land and 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 />