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2011-106M
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2011-106M
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Last modified
7/9/2020 2:48:57 PM
Creation date
10/5/2015 9:12:00 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Miscellaneous
Approved Date
05/03/2011
Control Number
2011-106M
Agenda Item Number
13.B.13
Entity Name
Dodgertown
Subject
Title Insurance
Property Exchange
Supplemental fields
SmeadsoftID
10228
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A TRUE COPY <br />CEIRTIFICATI0N'::1"f I_A: T PAGE <br />6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice 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 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 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 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 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 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 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 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, 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 <br />this policy, and the Company will not pay loss or damage, costs, <br />attorneys' fees, or expenses that arise by reason of: <br />(a) Any law, ordinance, permit, or governmental regulation <br />(including those relating to building and zoning) restricting, <br />regulating, prohibiting, or relating to <br />(i) the occupancy, use, or enjoyment of the Land; <br />(ii) the character, dimensions, or location of any <br />improvement erected on the Land; <br />(iii) the subdivision of land; or <br />(iv) environmental protection; <br />or the effect of any violation of these laws, <br />ordinances, or governmental regulations. This <br />Exclusion 1(a) does not modify or limit the <br />coverage provided under Covered Risk 5. <br />(b) Any governmental police power. This Exclusion 1(b) does <br />not modify or limit the coverage provided under Covered Risk 6 <br />2. Rights of eminent domain. This Exclusion does not modify or limit <br />the coverage provided under Covered Risk 7 or 8. <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) <br />(b) not Known to the Company, not recorded in the Public <br />Records at Date of Policy, but Known to the Insured Claimant <br />and not disclosed in writing to the Company by the Insured <br />Claimant prior to the date the Insured Claimant became an <br />Insured under 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 that would not have been <br />sustained if the Insured Claimant had paid value for the Title. <br />4. Any claim, by reason of the operation of federal bankruptcy, state <br />insolvency, or similar creditors' rights laws, that the transaction <br />vesting the Title as shown in Schedule A, is <br />(a) a fraudulent conveyance or fraudulent transfer; or <br />(b) a preferential transfer for any reason not stated in Covered <br />Risk 9 of this policy. <br />5. Any lien on the Title for real estate taxes or assessments imposed <br />by governmental authority and created or attaching between Date <br />of Policy and the date of recording of the deed or other instrument <br />of transfer in the Public Records that vests Title as shown in <br />Schedule A. <br />Page 2 <br />
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