<br />
<br />'II. ,~
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<br />2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
<br />The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an
<br />indebtedness secured by a purchase money mortgage gi'/en by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of
<br />warranty made by the insured in any transfer or conveyance of the estate or interast. This policy shall not continue in force in favor of any purchaser from the insured of either (i)
<br />an estate or interest in the land, or (ii) and indebtedness secured b~ a purchase money mortgage given to the insured.
<br />
<br />3, NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
<br />The Insured shall notily the Company promptly in writing (i) in case of any Inigation as set forth in Section 4(a) below, or (ii) in case knowledge shall come to an insured hereunder
<br />of any claim of title or interest that is adverse to the title to the estate or interest, as insured, and that might cause loss or damage for which the Company may be liable by virtue
<br />of this policy, If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which
<br />prompt notice is required; provided, hOlo"ever, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be
<br />prejudiced by the failure and then only the extent of the prejudice.
<br />When, after the date of the policy. the insured notifies the Cornpany as required herein of a lien, encumbrance, adverse claim or other defect in title to the estate or interest in
<br />the land Insured by this policy that is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate the charge to determine whether the lien,
<br />encumbrance, adverse claim or defect is valid and not barred by law or statute. The Company shall notify the insured in writing, within a reasonable time, of its determination as
<br />to the validity or invalidity of the insured's claim or charge under the policy, If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this
<br />policy, or was otherwise addressed in the closing of the transaction In connection with which this policy was issued, the Company shall specifically advise the insured of the
<br />reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (i)
<br />institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the title to the estate as insured; (ii) indemnify the insured as pro'lidllJl in this
<br />policy; (iii) upon payment of appropriate premium and charges t~,erefor, Issue to the insurea claimant or to a subsequent owner, mortgagee or holder of the estate or interest in
<br />the land insured by this policy, a policy of title insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current
<br />value of the property or, if a mortgagee policy, the amount of the loan; (iv) indemnify another title insurance company in connection wnh its issuance of a policy(ies) of tnle
<br />insurance wnhout exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or
<br />defect; or (vi) undertake a combination of (i) through (v) herain,
<br />
<br />" DEFINITION OFTERMS.
<br />The following terms when used in this policy mean:
<br />(a) 'insured.: the insured named in Schedule A, and, subject to any rights or defenses the company would have had against the named insured, those who succeed to the
<br />interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal
<br />representatives, next of kin, or corporate, partnership or fiduciary successors, and specifically. without limitation, the following: .
<br />(i) the successors in interest to a corporation resulting from merger or consolidation or the distribution of the assets of the corporation upon partial or complete
<br />liquidation;
<br />(ii) the partnership successors in interest to a general or limited partnership which dissolves but does not terminate;
<br />(Iii) the successors in interest to a general or limited partnership resulting from the distribution of the assets of the general or limited partnership upon partial or complete
<br />liquidation;
<br />(iv) the successors in interest to a joint venture resulting from the distribution of the assets of the joint venture upon partial or complete liquidation;
<br />(v) the successor or substitute trustee(s) of a trustee named in a written trust instrument: or
<br />(vi) the successors in interest to a trustee or trust resulting from the distribution of all 01 part of the assets of the trust to the beneficiaries thereof.
<br />(b) 'insured claimant.: an insured claiming loss or damage,
<br />Ie) 'knowledge. or 'known.: actual knowledge, not constructive knowledge or notice that may be imputed to an insured by reason of the public records as defined in this policy
<br />or any other records which impart constructive notice of matters affecting the land,
<br />(d) 'land': the land described or referred to in Schedule A, and improvements affixed thereto that by law constnute real property. The term 'land' does nC?t include any property
<br />beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways
<br />or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is Insured by this policy.
<br />(e) 'mortgage': mortgage, deed of trust, trust deed, or other security instrument. ,.
<br />(f) 'public records': records established under state statutes as Date of Policy for the purpose of imparting constructive notice of matters relating to real property.to purchasers
<br />for value and without knowledge. Wnh respect to Section 1 (a){IY) of t'1e ExclusionS' From Coverage, 'public records' also shall include environmental protection liens filed in
<br />the records of the clerk of the United States district court for the district in which the land. is located.
<br />(g) 'access': legal right of access to the land and not the physical condition of access. The coverage provided as to access does not assure the adequacy of access for the use
<br />intended.
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<br />.~~. ;<--.:;:....-0=
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<br />
<br />CONDITIONS AND STIPULATIONS
<br />
<br />
<br />The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses that arise by reason of:
<br />
<br />" (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances. or regulations) restricting, regulating, prohibiting or relating
<br />to (i) the occupancy. use, or enjoyment of the land; (Ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in
<br />ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of
<br />these laws, ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from
<br />a violation or alleged viclation affecting tile land has been recorded In the public records at Date of Policy,
<br />(b) Any govemmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting
<br />from a violation or alleged violation affecting the land Ilas been recorded in the public records at Date of Policy,
<br />
<br />2. Rights of eminent domain unless notice of the exercise thereot has been recorded in the publiC records at Date of Policy, but not excluding from coverage any taking that has
<br />occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge,
<br />
<br />3. Defects, liens, encumbrances, adverse claims or other matters:
<br />(a) created, suffered, assumed or agreed to by the insure:j claimant;
<br />(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant a!ld not disclosed in wrning to the Company by the insured
<br />claimant prior to the date the insured claimant became an 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;
<br />(e) resulting in loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest Insured by this Policy.
<br />
<br />4, The refusal of any person to purchasA. lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of unmarketability of the tiUe,
<br />
<br />5, Any claim, which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy, by reason of the operation of
<br />federal bankruptcy, state insolvency, or other state or federal creditors' rights laws that is based on either (I) the transaction creating the estate or interest Insured by this Policy
<br />being deemed a fraudulent conveyance or fraudulent transfer or a voidable distribution or voidable dividend or (ii) the subordination or recharacterization of the estate or interest
<br />insured by this Policy as a result of the application of the doctrine of -equitable subordination or (iii)-the transaction creating the estate or interest insured by this Policy being
<br />deemed a preferential transfer except where the preferential transfer results from the failure of the Company or its issuing agent to timely file for record the instrument of transfer.
<br />to the insured after delivery or the failure of such recordation to impart notice to a purchaser for value or a judgment or lien creditor,
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<br />
<br />EXCLUSIONS FROM COVERAGE
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