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EXCLUSIONS FROM COVERAGE by reason of the public records as defined in this policy or any other
<br /> The following matters are expressly excluded from the coverage records which impart constructive notice of matters affecting the
<br /> land .
<br /> of this policy and the Company will not pay loss or damage , costs , ( d) " land " : the land described or referred to in Schedule
<br /> A , and
<br /> improvements affixed thereto which by law constitute real property.
<br /> attorneys ' fees or expenses which arise by reason of: The term " land " does not include any property beyond the lines of
<br /> ( a ) Any law, ordinance or governmental regulation ( including , but the area described or referred to in Schedule A , nor any
<br /> not limited to , building and zoning laws , ordinances , or regulations ) right, title , interest, estate or easement in abutting streets
<br />, roads ,
<br /> restricting , regulating , prohibiting or relating to ( i ) the occupancy, avenues , alleys , lanes , ways or waterways , but nothing
<br /> herein shall
<br /> use , or enjoyment of the land , ( ii ) the character, dimensions or modify or limit the extent to which a right of access to and
<br /> from the
<br /> location of any improvement now or hereafter erected on the land ; land is insured by this policy .
<br /> ( iii ) a separation in ownership or a change in the dimensions or area ( e ) " mortgage ' mortgage , deed of trust , trust deed
<br />, or other
<br /> of the land or any parcel of which the land is or was a part; or ( iv) security instrument.
<br /> environmental protection , or the effect of any violation of these laws , ( f) " public records " : records established under state
<br /> statutes at
<br /> ordinances or governmental regulations , except to the extent that a Date of Policy for the purpose of imparting constructive notice
<br />of
<br /> notice of the enforcement thereof or a notice of a defect, lien or matters relating to real property to purchasers for value and
<br /> without
<br /> encumbrance resulting from a violation or alleged violation affecting knowledge . With respect to Section 1 ( a )( iv) of the Exclusions
<br /> from
<br /> the land has been recorded in the public records at Date of Policy . Coverage , " public records " shall also include environmental
<br /> protection
<br /> ( b ) Any governmental police power not excluded by ( a ) above , liens filed in the records of the clerk of the United States District
<br /> except to the extent that a notice of the exercise thereof or a notice Court for the district in which the land is located .
<br /> of a defect, lien or encumbrance resulting from a violation or alleged ( g ) 11unmarketability of the title " : an alleged or
<br />apparent matter
<br /> violation affecting the land has been recorded in the public records affecting the title to the land , not excluded or excepted
<br /> from
<br /> at Date of Policy. coverage , which would entitle a purchaser of the estate or interest
<br /> 2 . Rights of eminent domain unless notice of the exercise thereof described in Schedule A to be released from the obligation
<br /> to
<br /> has been recorded in the public records at Date of Policy, but not purchase by virtue of a contractual condition requiring the
<br />delivery of
<br /> excluding from coverage any taking which has occurred prior to Date marketable title .
<br /> of Policy which would be binding on the rights of a purchaser for
<br /> value without knowledge . 2. Continuation of Insurance After Conveyance of Title.
<br /> 3 . Defects , liens , encumbrances , adverse claims , or other matters : The coverage of this policy shall continue in force as
<br /> of Date of
<br /> ( a ) created , suffered , assumed or agreed to by the insured Policy in favor of an insured only so long as the insured
<br /> retains an
<br /> claimant; estate or interest in the land , or holds an indebtedness secured by a
<br /> ( b) not known to the Company, not recorded in the public purchase money mortgage given by a purchaser from the insured
<br />, or
<br /> records at Date of Policy , but known to the insured claimant and not only so long as the insured shall have liability by
<br />reason of covenants
<br /> disclosed in writing to the Company by the insured claimant prior to of warranty made by the insured in any transfer or conveyance of
<br /> the
<br /> the date the insured claimant became an insured under this policy; estate or interest . This policy shall not continue in force
<br />in favor of
<br /> ( c ) resulting in no loss or damage to the insured claimant; any purchaser from the insured of either ( i ) an estate or
<br /> interest in
<br /> ( d ) attaching or created subsequent to Date of Policy; or the land , or ( ii ) an indebtedness secured by a purchase money
<br /> ( e ) resulting in loss or damage which would not have been mortgage given to the insured .
<br /> sustained if the insured claimant had paid value for the estate or
<br /> interest insured by this policy . 3. Notice of Claim to be Given by Insured Claimant.
<br /> 4 . Any claim , which arises out of the transaction vesting in the The insured shall notify the Company promptly in writing
<br /> ( i ) in
<br /> insured the estate or interest insured by this policy , by reason of the case of any litigation as set forth in Section 4 ( a )
<br /> below, ( ii ) in case
<br /> knowledge shall come se an insured hereunder to any claim , title or
<br /> operation of federal bankruptcy , state insolvency , or similar creditors 'rights interest which is adverse to
<br />the title to the estate or interest , as
<br /> rhts laws , that is based on :
<br /> rigthe transaction creating the estate or interest insured by this insured , and which might cause loss or damage for which the
<br /> Company may be liable by virtue of
<br /> policy being deemed a fraudulent conveyance or fraudulent transfer; or this policy , or ( iii ) if title to the
<br /> ( b ) the transaction creating the estate or interest insured by this estate or interest, as insured , is rejected as unmarketable
<br />. If prompt
<br /> policy being deemed a preferential transfer except where the notice shall not be given to the Company , then as to the insured
<br />all
<br /> prliability of the Company shall terminate with regard to the matter or
<br /> pi eferential transfer results from the failure :
<br /> o timely record the instrument fa transfer, or matters for which prompt notice is required ; provided , however, that
<br /> ( ii of such recordation to impart notice to f purchaser for failure to notify the Company shall in no case prejudice the
<br /> rights of
<br /> value or a judgment or lien creditor. any insured under this policy unless the Company shall be prejudiced
<br /> CONDITIONS AND STIPULATIONS by the failure and then only to the extent of the prejudice .
<br /> 1 . Definition of Terms. 4 Defense and Prosecution ofActions, Duty of Insured Claimant to
<br /> The following terms when used in this policy mean : Cooperate.
<br /> ( a ) " insured " : the insured named in Schedule A, and , subject to ( a ) Upon written request by the insured and subject
<br /> to the
<br /> any rights or defenses the Company would have had against the options contained in Section 6 of these Conditions and Stipulations ,
<br /> named insured , those who succeed to the interest of the named the Company , at its own cost and without unreasonable delay , shall
<br /> insured by operation of law as distinguished from purchase including , provide for the defense of an insured in litigation in
<br /> which any third
<br /> but not limited to, heirs , distributees , devisees , survivors , personal party asserts a claim adverse to the title or interest as
<br />insured , but
<br /> representatives , next of kin , or corporate or fiduciary successors. only as to those stated causes of action alleging a defect,
<br /> lien or
<br /> ( b ) " insured claimant" : an insured claiming loss or damage . encumbrance or other matter insured against by this policy. The
<br /> ( c ) " knowledge " or " known " : actual knowledge , not Company shall have the right to select counsel of its choice ( subject
<br /> constructive knowledge or notice which may be imputed to an insured to the right of the insured to object for reasonable cause ) to
<br /> represent the insured as to those stated causes of action and shall
<br />
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