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6 . An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
<br /> 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 recorded
<br />in the Public Records.
<br /> 8 . Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without 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 a transfer
<br /> 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 that
<br /> prior transfer
<br /> constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors ' rights laws; 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 /> ( i ) 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 . Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created
<br /> 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 instrument
<br /> 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 this Policy,
<br /> 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 ( b ) not Known to the Company, not recorded in the Public
<br /> this policy, and the Company will not pay loss or damage, costs , Records at Date of Policy, but Known to the Insured
<br /> 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 Claimant,
<br /> regulating , prohibiting , or relating to ( d ) attaching or created subsequent to Date 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 the Title .
<br /> ( ii ) 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 /> Exclusion 1 ( a ) does not modify or limit the Risk 9 of this policy.
<br /> coverage provided under Covered Risk 5 .
<br /> ( b) Any governmental police power. This Exclusion 1 ( b ) does 5 . Any lien on the Title for real estate taxes or assessments
<br /> imposed
<br /> not modify or limit the coverage provided under Covered Risk 6 . by governmental authority and created or attaching between 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 as shown
<br /> in
<br /> the coverage provided under Covered Risk 7 or 8. 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 Owners Policy of Title Insurance 6.17.06 (with Florida Modifications)
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