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<br /> Policy#: 5011300-1677452e COVERED RISKS(Continued)
<br /> 5. The violation or enforcement of any law,ordinance,permit,or governmental regulation(including those relating to building and zoning
<br /> restricting,regulating,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) the 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
<br /> extent of the violation or enforcement referred to in that notice.
<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
<br /> 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. The invalidity or unenforceability of the lien of the Insured Mortgage upon the Title. This Covered Risk includes but is not limited to
<br /> insurance against loss from 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) the Insured Mortgage not being properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered;
<br /> (d) failure to perform 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 of attorney;
<br /> (f) a document not properly filed,recorded,or indexed in the Public Records including failure to perform those acts by electronic means
<br /> authorized by law;or
<br /> (g) a defective judicial or administrative proceeding.
<br /> 10. The lack of priority of the lien of the Insured Mortgage upon the Title over any other lien or encumbrance.
<br /> 11. The lack of priority of the lien of the Insured Mortgage upon the Title
<br /> (a) as security for each and every advance of proceeds of the loan secured by the Insured Mortgage over any statutory lien for services,
<br /> labor,or material arising from construction of an improvement or work related to the Land when the improvement or work is either
<br /> (i) contracted for or commenced on or before Date of Policy;or
<br /> (ii) contracted for,commenced,or continued after Date of Policy if the construction is financed,in whole or in part,by proceeds of the
<br /> loan secured by the Insured Mortgage that the Insured has advanced or is obligated on Date of Policy to advance;and
<br /> (b) over the lien of any assessments for street improvements under construction or completed at Date of Policy.
<br /> 12. The invalidity or unenforceability of any assignment of the Insured Mortgage,provided the assignment is shown in Schedule A,or the
<br /> failure of the assignment shown in Schedule A to vest title to the Insured Mortgage in the named Insured assignee free and clear of all
<br /> liens.
<br /> 13. The invalidity,unenforceability,lack of priority,or avoidance of the lien of the Insured Mortgage upon the Title
<br /> (a) resulting from the avoidance in whole or in part,or from a court order providing an alternative remedy,of any transfer of all or any
<br /> part of the title to or any interest in the Land occurring prior to the transaction creating the lien of the Insured Mortgage because
<br /> that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'
<br /> rights laws; or
<br /> (b) because the Insured Mortgage constitutes a preferential transfer under federal bankruptcy,state insolvency,or similar creditors'
<br /> 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 /> 14. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 13 that has been created or attached
<br /> or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the Insured Mortgage in the
<br /> Public Records.
<br /> The Company will also pay the costs,attorneys'fees,and expenses incurred in defense of any matter insured against by this Policy,but
<br /> only to the extent provided in the Conditions.
<br /> EXCLUSIONS FROM COVERAGE
<br /> The following matters are expressly excluded from the coverage of this (iii) the subdivision of land;or
<br /> policy,and the Company will not pay loss or damage,costs,attorneys' (iv) environmental protection;
<br /> fees,or expenses that arise by reason of: or the effect of any violation of these laws,ordinances,or
<br /> 1. (a) Any law,ordinance,permit,or governmental regulation governmental regulations. This Exclusion 1(a)does not modify or limit
<br /> (including those relating to building and zoning)restricting,regulating, the coverage provided under Covered Risk 5.
<br /> prohibiting,or relating to (b) Any governmental police power. This Exclusion 1(b)does not
<br /> (i) the occupancy,use,or enjoyment of the Land; modify or limit the coverage provided under Covered Risk 6.
<br /> (ii) the character,dimensions,or location of any improvement 2. Rights of eminent domain. This Exclusion does not modify or limit
<br /> erected on the Land; the coverage provided under Covered Risk 7 or 8.
<br /> Form 5011300(7-1-14) Page 2 of 6 ALTA Loan Policy of Title Insurance(6-17-06)
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