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Planning Commission Agenda Packet 102225 (1)
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Planning Commission Agenda Packet 102225 (1)
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Page 1 of 2 <br />Exhibit I <br />AMERICAN LAND TITLE ASSOCIATION <br />LOAN POLICY OF TITLE INSURANCE –2021 <br />EXCLUSIONS FROM COVERAGE <br />The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ <br />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) that restricts, <br />regulates, prohibits, or relates to: <br />i.the occupancy, use, or enjoyment of the Land; <br />ii.the character, dimensions, or location of any improvement on the Land; <br />iii.the subdivision of land; or <br />iv.environmental remediation or protection. <br />b.any governmental forfeiture, police, regulatory, or national security power. <br />c.the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. <br />Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. <br />2.Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. <br />3.Any defect, lien, encumbrance, adverse claim, or other matter: <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 the Date of Policy, but Known to the Insured <br />Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant <br />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 the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided <br />under Covered Risk 11, 13, or 14); or <br />e.resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured <br />named in Schedule A as a bona fide purchaser or encumbrancer had been given for the Insured Mortgage at the <br />Date of Policy. <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 law. <br />5.Invalidity or unenforceability of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured <br />Mortgage and is based upon usury law or Consumer Protection Law. <br />6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the <br />transaction creating the lien of the Insured Mortgage is a: <br />a.fraudulent conveyance or fraudulent transfer; <br />b.voidable transfer under the Uniform Voidable Transactions Act; or <br />c.preferential transfer: <br />i.to the extent the Insured Mortgage is not a transfer made as a contemporaneous exchange for new value; or <br />ii.for any other reason not stated in Covered Risk 13.b. <br />7.Any claim of a PACA-PSA Trust. Exclusion 7 does not modify or limit the coverage provided under Covered Risk 8. <br />8.Any lien on the Title for real estate taxes or assessments imposed by a governmental authority and created or attaching <br />between the Date of Policy and the date of recording of the Insured Mortgage in the Public Records. Exclusion 8 does not <br />modify or limit the coverage provided under Covered Risk 2.b. or 11.b. <br />9.Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
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