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2005-239r
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Last modified
3/18/2020 10:07:41 AM
Creation date
9/30/2015 8:57:58 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/12/2005
Control Number
2005-239R
Agenda Item Number
11.J.1
Entity Name
Ken McKellar
Subject
Land Purchase Agreement
Owner's Policy of Title Insurance
Supplemental fields
SmeadsoftID
5076
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OWNER'S POLICY OF TITLE INSURANCE <br />Issued by Commonwealth Land Title Insurance Company <br />POLICY NUMBERu <br />LandAmerica Commonwealth Land Title Insurance Company is a member of the A 0 2 — 11 � 8 4 T 9 <br />Commonwealth LandAmerica family of title insurance underwriters. <br />SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND <br />THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, <br />herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of <br />Insurance stated in Schedule A, sustained or incurred by the insured by reason of: <br />1. Title to the estate or interest described in Schedule A being vested other than as stated therein; <br />2. Any defect in or lien or encumbrance on the title; <br />3. Unmarketability of the title; <br />4. Lack of a right of access to and from the land. <br />The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent <br />provided in the Conditions and Stipulations. <br />IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be <br />hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the <br />Company. <br />COMMONWEALTH LAND TITLE INSURANCE COMPANY <br />�Po'�oua _j47'G <br />I �Z. 9 <br />Attest:J .' <br />President <br />Secretary <br />v o <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 />attorneys' fees or expenses which arise by reason of: <br />1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or <br />regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, <br />dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in <br />the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the <br />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 encumbrance resulting from a violation or alleged violation affecting the <br />land has been recorded in the public records at Date of 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 <br />of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the <br />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 not <br />excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser <br />for value without knowledge. <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 and not <br />disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under <br />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 the estate or <br />interest insured by this policy. <br />4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the <br />operation of federal bankruptcy, state 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 <br />transfer; or <br />(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the <br />preferential transfer results from the failure: <br />(i) to timely record the instrument of transfer; or <br />(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. <br />ALTA Owner's Policy (10/17/92) with Florida Modifications Valid only if Schedules A and B are attached <br />Form 1190-21 B ORIGINAL <br />
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