|
6 . An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice
<br /> of the enforcement
<br /> action , describing any part of the Land , is recorded in the Public Records , but only to the extent of the enforcement referred
<br /> to in that notice .
<br /> 7 . The exercise of the rights of eminent domain if a notice of the exercise , describing any part of the Land , is
<br /> recorded in the Public Records .
<br /> P. Any taking by a governmental body that has occurred and is hinding on the rights of a purchaser for value without
<br /> Knowledge .
<br /> 9 . Title being vested other than as stated in Schedule A or being defective
<br /> ) a ) as a result of the avoidance in whole or in part , or from a court order providing an alternative remedy , of
<br /> a transfer of all or any part of
<br /> the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because
<br /> that prior transfer
<br /> constituted a fraudulent or preferential transfer under federal bankruptcy , state insolvency , or similar creditors ' rights laws
<br />, or
<br /> ( b ) because the Instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal
<br /> bankruptcy ,
<br /> state insolvency , or similar creditors ' rights laws by reason of the failure of its recording in the Public Records
<br /> li ) to be timely , or
<br /> ( ii ) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor .
<br /> 10 . Anv defect in or lien or encumbrance on the Title or other matter Included in Covered Risks 1 through 9 that
<br /> has been created or attached or has
<br /> been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other
<br /> instrument of transfer in the
<br /> Public Records that vests Title as shown in Schedule A .
<br /> The Company will also pay the costs , attorneys ' fees , and expenses Incurred in defense of any matter insured against by
<br /> this Policy , but only to the
<br /> extent provided In the Conditions .
<br /> EXCLUSIONS FROM COVERAGE
<br /> The following matters are expressly excluded from the coverage of ib ) not Known to the Company , not recorded in the
<br /> Public
<br /> this policy , and the Company will not pay loss or damage , costs , Records at Date of Policy , but Known to
<br /> the Insured Claimant
<br /> attorneys ' fees , or expenses that arise by reason of and not disclosed in writing to the Company by the Insured
<br /> Claimant prior to the date the Insured Claimant became an
<br /> 1 . ( a ) Any law , ordinance , permit , or governmental regulation Insured under this policy;
<br /> including those relating to building and zoning) restricting , ( c) resulting in no loss or damage to the Insured
<br />Claimant,
<br /> regulating , prohibiting , or relating to ( d ) attaching or created subsequent to Data of Policy , or
<br /> ( e ) resulting in loss or damage that would not have been
<br /> ( i ) the occupancy , use , or enjoyment of the Land , sustained if the Insured Claimant had paid value for
<br /> the Title .
<br /> ( il ) the character , dimensions , or location of any
<br /> Improvement erected on the Land , 4 . Any claim , by reason of the operation of federal bankruptcy , state
<br /> ( Iii ) the subdivision of land , or insolvency , or similar creditors ' rights laws , that the transaction
<br /> ) iv ) environmental protection , vesting the Title as shown in Schedule A , is
<br /> or the effect of any violation of these laws , ( a ) a fraudulent conveyance or fraudulent transfer, or
<br /> ordinances , or governmental regulations . This ( b ) a preferential transfer for any reason not stated in Covered
<br /> Fxclusion 1 ( a ) does not modify or limit the Risk 9 of this policy .
<br /> coverage provided under Covered Risk 5 .
<br /> ( h ) Any governmental police power . 1 his EXCIt1S1011 1 ( h ) does 5 . Any lien on the Title for real estate taxes
<br /> or assessments Imposed
<br /> not modify or limit the coverage provided under Covered Risk 6 . by governmental authority and created or attaching between
<br /> Date
<br /> of Policy and the date of recording of the deed or other instrument
<br /> 2 . Rights of eminent domain . This Exclusion does not modify or limit of transfer in the Public Records that vests Title
<br /> as shown in
<br /> the coverage provided under Covered Risk 7 or B . Schedule A .
<br /> 3 . Defects , liens , encumbrances , adverse claims , or other matters
<br /> ( a ) created , suffered , assumed , or agreed to by the Insured
<br /> Claimant ;
<br /> ORT Form 4309 FL
<br /> ALTA Ovmers Policy of Title Insurance 6- 17-06 ( with Florida Modifications)
<br /> Page 2
<br />
|