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<br /> <br />,,"orm T -2 Loan Policy of Title Insurance 582 (Rev. 5/1/08) <br />If you want information about coverage or need assistance to resolve complaints, please call our toll free number 1-800-729-1902. If you make a claim under <br />yqur policy, you must furnish written notice in accordance with Section 3 of the Conditions and Stipulations. Visit our website at: http://www.stewart.com <br /> <br />LOAN POLICY OF TITLE INSURANCE (T-2) <br />ISSUED BY <br />STEWART TITLE <br />GUARANTY COMPANY <br /> <br />Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be <br />given to the Company at the address shown in Section 17 of the Conditions. <br /> <br />COVERED RISKS <br /> <br />SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS. <br />STEWART TITLE GUARANTY COMPANY. a Texas corporation. (the "Company"). insures. as of Date of Policy and. to the extent stated in Covered Risks II. 13 <br />and 14, after Date of Policy. against loss or damage. not exceeding the Amount of Insurance stated in Schedule A. sustained or incurred by the Insured by reason of; <br />I. Title being vested other than as stated in Schedule A. <br /> <br />2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from; <br />(a) A defect in the Title caused by; <br />(i) forgery. fraud. undue influence. duress. incompetency. incapacity or impersonation: <br />(ii) failure of any person or Entity to have authorized a transfer or conveyance: <br />(iii) a document affecting Title not properly created. executed. witnessed. sealed. acknowledged. notarized or delivered; <br />(iv) failure to perfrom those acts necessary to create a document by electronic means authorized by law; <br />(v) a document executed under a falsified. expired or otherwise invalid power or attorney; <br />(vi) a document not properly filed. recorded orindexed in the Public Records including failure to perform those acts by electronic means authorized by law; <br />or <br />(vii) a defective judicial or administrative proceeding. <br />(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable. but unpaid. <br />(c) Any encroachment. encumbrance. violation. variation. or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land <br />survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land. and encroachments <br />onto the Land of existing improvements located on adjoining land. <br /> <br />3. Lack of good and indefeasible Title. <br /> <br />4. No right of access to and from the Land. <br /> <br />5. The violation or enforcement of any law. ordinance. permit. or governmental regulation (including those relating to building and zoning) restricting. regulating. <br />prohibiting or relating to; <br />(a) the occupancy. use or enjoyment of the Land; <br />(b) the character. dimensions or location of any improvement erected on the Land; <br />(c) subdivision of land; or <br />(d) environmental protection <br />if a notice. describing any part of the Land. is recorded in the Public Records setting forth the violation or intention to enforce. but only to the extent of the <br />violation or enforcement referred to in that notice. <br /> <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 action. describing <br />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 /> <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 /> <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 /> <br />9. The invalidity or unenforceability of the lien of the Insured Mortgage upon the Title. This Covered Risk includes but is not limited to insurance against loss from <br />any of the following impairing the lien of the Insured Mortgage; <br />(a) forgery. fraud. undue influence. duress. incompetency. incapacity or impersonation; <br />(b) failure of any person or Entity to have authorized a transfer or conveyance; <br />(c) a document affecting Title not properly created. executed. witnessed. sealed. acknowledged, notarized or delivered; <br />(d) failure to perfrom those acts necessary to create a document by electronic means authorized by law; <br />(e) a document executed under a falsified, expired or otherwise invalid power or attorney; <br />(I) a document not properly filed. recorded or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or <br />(g) a defective judicial or administrative proceeding. <br /> <br />10. The lack of priority of the lien of the Insured Mortgage over any other lien or encumbrance. <br /> <br />II. The lack of priority of the lien of the Insured Mortgage <br />(a) as security for each and every advance of proceeds of the loan secured by the Insured Mortgage over any statutory or constitutional mechanic's. contractor's, <br />or materialman's lien for services, labor or material having its inception on or before Date of Policy; and <br />(b) over the lien of any assessments for street improvements under construction or completed at Date of Policy. <br /> <br />Serial No. <br /> <br />Page -1- <br />M-5952-10735 <br />