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<br />EXCLUSIONS <br />In addition to the Exceptions in Schedule B, we do not insure you against loss, costs, attorney's fees, and expenses resulting from these <br />Exclusions: <br />1. We do not cover loss caused by the exercise of governmental police power or the enforcement or violation of any law or <br />government regulation. This includes building and zoning ordinances and laws and regulations concerning: <br />a. Land use <br />b. Improvements on the land <br />c. Land division <br />d. Environmental protection <br />This exclusion does not apply to notices of violations or notices of enforcement that appear in the public records at Policy Date. <br />However, there may be an exception in Schedule B. <br />2. We do not cover the right to take the land by condemning it, unless: <br />a. a notice of exercise of the right appears in the public records on the Policy Date, or <br />b. the taking happened before the Policy Date and is binding on you if you bought the land without knowing of the taking. <br />3. We do not cover title risks: <br />a. that are created, allowed, or agreed to by you, <br />b. that are known to you, but not to us on the Policy Date unless they appeared in the public records, <br />c. that result in no loss to you, or <br />d. that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 6 of the <br />Covered Title Risks. <br />4. We do not cover the effect of failure to pay value for your title. <br />5. We do not cover lack of a right: <br />a. to any land outside the area specifically described and referred to in Item 3 of Schedule A, <br />b. in streets, alleys, or waterways that touch your land. <br />This exclusion does not limit the access coverage in the Covered Title Risks. <br />6. We do not cover any claim based upon allegations that your purchase of title (or acquisition of title by gift or otherwise): <br />a. was a fraudulent conveyance, fraudulent transfer, voidable distribution, or voidable dividend; <br />b. should be subordinated or recharacterized as a resutt of equitable subordination; <br />c. was a preferential transfer unless <br />(1) the Company or its issuing agent failed to timely file for record the deed to you after delivery or <br />(2) the recordation of the deed to you is not legal record notice. <br />(We do cover the two types of claims described in c.(1) and c.(2) above.) <br />7. We do not cover the refusal of any person to buy, lease or lend money on your land because of unmarketability of the title. <br />8. We do not cover claims concerning the physical condition of your land or of the access to your land. <br /> <br />CONDITIONS <br /> <br />1. DEFINITIONS <br />a. Actual Loss. This is the difference between the value of your land without the covered title risk and the value of your land <br />with the covered title risk. These values are the respective values at the time you must furnish proof of your loss. <br />b. Document. A deed or other conveyance of title to you or a prior owner. <br />c. Easement. A portion of your land someone else has the right to use for a special purpose. <br />d. Government Regulation. Any federal. state, or local law, constitutional provision, regulation, ordinance, or guideline. <br />e. Land. The land or condominium unit described in Schedule A and any improvements on the land that are real property. <br />f. Knowledge or known. Actual knowledge, not constructive knowledge or notice that may be imputed to an insured by the <br />public records. <br />g. Mortgage. A type of lien on the land such as a deed of trust or other security instrument. <br />h. Public Records. Those records required by Texas law and maintained by public officials in the county where the property <br />is located that give legal notice of matters affecting your title. <br />I. Title. The ownership interest in the land, as shown in Schedule A. <br />j. We, us or our. The title insurance company. This is Stewart Title Guaranty Company. <br />k. You, your. The insured. <br />2. CONTINUATION OF COVERAGE <br />We insure you as long as you: <br />a. own your Title, <br />b. own a mortgage from anyone who buys your Title, or <br />c. are liable for any Title warranties you make. <br />We insure anyone who receives your title because of your death. <br />We do not insure your transferee or assignee. <br />3. YOUR DUTIES IF YOU MAKE A CLAIM <br />You must follow this process to make a claim: <br />a. You Must Give Us Notice of Your Claim. <br />If anyone claims a right against your insured title, you must notify us promptly. <br />Send the notice to P.O. Box 2029, Houston, Texas 77252 or call 1-800-729-1902 and ask for a claims attorney. If you <br />initially notify us by phone, we recommend that you also notify us in writing. Please include the Policy number shown in <br />Schedule A, and the county where the land is. <br />Our obligation to you is reduced or ended if: <br />(1) you fail to give prompt notice, and <br /> <br />stewart <br /> <br />~title guaranty company <br />