HomeMy WebLinkAboutMCUP 09-10; LA COSTA ANIMAL HOSPITAL; Minor Conditional Use Permit (MCUP)• • PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: La Costa Plaza (NEC El Camino Real and La Costa Avenue)
APPLICANT NAME: Grant Tucker Properties
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include any
background information and supporting statements regarding the reasons for, or appropriateness of,
the application. Use an addendum sheet if necessary.
Description/Explanation: See attached.
• •
PROJECT DESCRIPTION I EXPLANATION
PROJECT NAME: La Costa Plaza -Parcel 6
APPLICANT NAME: Grant Tucker Properties, LLC
Description I Explanation:
The application is for a Conditional Use Permit for a portion of Lot 6 of Tract 14038
( commonly known as 7668 El Camino Real, Suite 101, Carlsbad, CA 92009) to allow the
operation of a veterinary clinic and hospital (the "Vet Use") in approximately 1,920
square feet (the "Space") of a 6,000 square foot shop building (the "Building") on a
portion of the La Costa Plaza Shopping Center located at the Northeast corner of El
Camino Real and La Costa Avenue in Carlsbad (sometimes, the "Center").
La Costa·Plaza was originally approved in 1998 under SDP No. 97-07. The site plan for
the Center analyzed pursuant to CEQA contemplated a total floor area of 86,257 square
feet. However, due to technical and cost issues, only 79,670 square feet were built.
The Applicant is not proposing to build any additional square footage at the Center. This
application seeks approval for the Vet Use in a portion of an existing building formerly
occupied by Washington Mutual. No changes to the exterior of the Building, the parking
lot or any other exterior areas of the Center are proposed. The Vet Use will not generate
any further parking demand than the general retail which it is replacing, and the Center
has at least one parking space for every 200 square feet of floor area.
It is the position of the Applicant that all impacts of the Center have already been
evaluated and found to be insignificant or mitigated under CEQA and there will be no
environmental impacts due to the Vet Use.
The Applicant would like to bring to the attention of the City the following facts:
1. The Space is located at the end-cap of the Building so it only has a neighbor on one
side (the west side) of the Space. To the east is part of the Center and there is no building
within 200 feet of the Space. To the north is part of the Center and there is no building
within 300 feet of the Space. To the south is La Costa Avenue then a shopping center,
and there is no building within approximately 150 feet from the Space. The closest
residential uses are several hundred feet away, to the southeast, up on a hill.
2. As noted on the Floor Plan for the Vet Use, the areas for holding animals where noise
is more likely to occur will be located on the east side of the Space.
3. The western demising wall for the Space was built out in 2003 and was fully insulated
for heat, cold and noise.
4. The Space is fully air-conditioned so the doors to the Space will remain closed thereby
decreasing the opportunity for noise and odors from inside the Space to escape to the
outside of the Space. There are no operable windows in the Space.
La Costa Lot 6 Veterinary CUP Project Description
• •
5. There may be a board and care function in the Space, but it will only be an incidental
part of the operation in the Vet Space and will be located on the eastern side of the
Premises.
6. The design and operation of the Vet Space will comply with State Law as to the
storage and disposition of medical waste and animal cadavers. Such waste and cadavers
will not be disposed of in the trash bins at the Center, but rather disposed of off-site
through the services of an outside contractor versed in State Law requirements.
7. If any animal waste is deposited outside of the Premises by an animal, it will be
promptly picked up and properly disposed of.
8. Cremations will not be performed in the Vet Space.
9. The hours of operation will be limited to 6:00 am to 10:00 pm, seven days a week,
except for occasional after hours emergency medical services.
10. The initial operator under the CUP will be La Costa Animal Hospital, Inc., which
will be relocating from its present premises across the street at 7750 El Camino Real,
Suite G, Carlsbad, CA.
La Costa Lot 6 Veterinary CUP Project Description
• •
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list
the names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust N/ A Non Profit/Trust ---------
Title___________ Title ___________ _
Address Address --------------------
4. Have you had more than $500 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
D Yes [!] No If yes, please indicate person(s): ________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
0::2 ~ 7 b-0/tJc; I f Signature of owner/date Signature of applicant/date
Larry Tucker
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
2 of 2
• •
I S_ECTION 1 Not Applicable
NEW DEVELOPMENT
PRIORITY PROJECT TYPE YES NO Does you project meet one or more of the following criteria:
1. Home subdivision of 100 units or more.
Includes SFD, MFD, Condominium and Apartments
2. Residential development of 1 O units or more.
Includes SFD, MFD, Condominium and Apartments
3. Commercial and industri~.f development greater than 100,000 sguare feet including 12arking areas.
Any development on private land that is not for heavy industrial or residential uses. Example: Hospitals,
Hotels, Recreational Facilities, Shopping Malls, etc.
4. Heavy Industrial I Industry greater than 1 acre (NEED SIC CODES FOR PERMIT BUSINESS TYPES)
SIC codes 5013, 5014, 5541, 7532-7534, and 7536-7539
5. Automotive repair shop.
SIC codes 5013, 5014, 5541, 7532-7534, and 7536-7539
6. A New Restaurant where the land area of development is 5,000 sg_uare feet or more including_ parking
areas.
SIC code 5812
7. Hillside develo12ment
(1) greater than 5,000 square feet of impervious surface area and (2) development will grade on any
natural slooe that is 25% or greater
8. Environmentally Sensitive Area (ESA/.
Impervious surface of 2,500 square feet or more located within, "directly adjacent"2 to (within 200 feet),
or "discharaina directlv to"3 receivina water within the ESA 1
9. Parking_ lot.
Area of 5,000 ·square feet or more, or with 15 or more parking spaces, and potentially exposed to urban
runoff
10. Retail Gasoline Outlets-serving more than 100 vehicles 12er da'i
Serving more than 100 vehicles per day and greater than 5,000 square feet
11. Streets, roads, driveways. highways. and freeways.
Project would create a new paved surface that is 5,000 square feet or greater.
12. Coastal Development Zone.
Within 200 feet of the Pacific Ocean and (1) creates more than 2500 square feet of impermeable
surface or (2) increases impermeable surface on propertv by more than 10%.
1 Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies;
areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality
Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by
the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments);
areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and Count
of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees.
2 "Directly adjacent" means situated within 200 feet of the environmentally sensitive area.
3 "Discharging directly to" means outflow from a drainage conveyance system that is composed entirely of flows from the
subject development or redevelopment site, and not commingled with flow from adjacent lands.
Section 1 Results:
If you answered YES to ANY of the questions above you have a PRIORITY project and PRIORITY project requirements DO
apply. A Storm Water Management Plan, prepared in accordance with City Storm Water Standards, must be submitted at
time of application. Please check the "MEETS PRIORITY REQUIREMENTS" box in Section 3.
If you answered NO to ALL of the questions above, then you are a NON-PRIORITY project and STANDARD requirements
apply. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3.
SWMP Rev 6/4/08
•
Dated as of July 17, 2009 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To be determined
• Order Number: NCS-297536-SAl
Page Number: 2
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Grant Tucker Properties, a California limited liability company
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee Simple as to Parcel A, an easement as to Parcel(s) Band C.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2009-2010, a lien not yet due or
payable.
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
3. An easement for public utilities and incidental p·urposes, recorded October 16, 1956 as Book
6301, Page 162 of Official Records.
In Favor of: San Diego Gas and Electric Company
Affects: As described therein
4. An easement for public utilities and incidental purposes, recorded June 20, 1962 as Instrument
No. 104913 of Official Records.
In Favor of:
Affects:
San Diego Gas and Electric Company
As described therein
5. An easement for public utilities and incidental purposes, recorded June 17, 1963 as Instrument
No. 104899 of Official Records.
In Favor of:
Affects:
San Diego Gas and Electric Company
As described therein
Rrst American Title Insurance Company
• • Order Number: NCS-297536-SAl
Page Number: 3
6. An easement for transmission, distribution of gas, for all purposes connected therewith, a line or
lines of pipe, together with all the fixtures, equipment, appurtenances necessary or convenient
for the operation, maintenance thereof and incidental purposes, recorded September 26, 1972 as
Instrument No. 256757 of Official Records.
In Favor of:
Affects:
San Diego Gas and Electric Company
As described therein
7. The terms, provisions and easement{s) contained in the document entitled "Easement
Agreement" recorded December 22, 1997 as Instrument No. 1997-0650322 of Official Records.
8. The terms, provisions and easement{s) contained in the document entitled "Utility and Storm
Drain Easement Agreement" recorded January 14, 1999 as Instrument No. 1999-0022482 of
Official Records.
Document(s) declaring modifications thereof recorded December 01, 2003 as Instrument No.
2003-1424722 of Official Records.
9. A Notice of Restriction, by a General Plan Amendment, Zone Change, Carlsbad Tract Map Non-
Residential Planned Unit Development Permit, Site Development Plan, Conditional Use Permit,
Special Use Permit, and Special Use Permit (Floodplain) and Special Use Permit (El Camino Real
Scenic Corridor) No (s). GPA 97-02, CT 97-09, PUD 97-13, SOP 97-07, CUP 97-03, recorded
February 18, 2000 as Instrument No's. 2000-0084370 and 2000-0084371, both of Official
Records.
10. An easement shown or dedicated on the map filed or recorded September 15, 2000 as of Map
No. 14038
For: Sight distance corridors and incidental purposes.
11. Abutter's rights of ingress and egress to or from La Costa Avenue have been dedicated or
relinquished on the filed Map.
12. The Subdivision Map No. 14038, referred to in the legal description herein contains various
restrictions in improving or developing the property herein described.
13. An easement for public utilities and incidental purposes, recorded October 05, 2000 as
Instrument No. 2000-0534595 of Official Records.
In Favor of:
Affects:
San Diego Gas and Electric Company, a Corporation
As described therein
The terms and provisions contained in the document entitled "Assignment of Easement"
recorded November 16, 2000 as Instrument No. 2000-0624165 of Official Records.
14. Covenants, conditions, restrictions and easements in the document recorded December 12, 2000
as Instrument No. 2000-0674699 of Official Records, which provide that a violation thereof shall
not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and
for value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual
orientation, marital status, ancestry, source of income or disability, to the extent such covenants,
conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section
12955 of the California Government Code. Lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
First American Title Insurance Company
• • Order Number: NCS-297536-SAl
Page Number: 4
Document(s) declaring modifications thereof recorded May 22, 2003 as Instrument No. 2003-
0601507 of Official Records.
A document entitled "Supplemental Declaration" recorded August 13, 2003 as
Instrument No. 2003-0976379 of Official Records.
Document(s) declaring modifications thereof recorded October 02, 2007 as Instrument No. 2007-
0639827 of Official Records.
15. An easement for right of way to erect, construct, change the size of, improve, reconstruct,
relocate, repair, maintain and use facilities consisting of: (1) underground electric facilities,
appurtenances for the transmission, distribution of electricity including, but not limited to, an
above-ground pad-mounted transformer(s) at a mutually agreed to location; (2) underground
communication facilities and appurtenances, (3) underground pipelines, appurtenances for
providing gas services collectively, the "facilities," together with the right of ingress thereto,
egress therefrom and incidental purposes, recorded September 19, 2003 as Instrument No.
2003-1154018 of Official Records.
In Favor of:
Affects:
San Diego Gas and Electric Company, a California corporation
As described therein
16. An easement for sewer forcemain and incidental purposes, recorded December 01, 2003 as
Instrument No. 2003-1424723 of Official Records.
In Favor of:
Affects:
Leucadia Wastewater District
As described therein
17. An easement for sewer and incidental purposes, recorded December 01, 2003 as Instrument No.
2003-1424725 of Official Records.
In Favor of:
Affects:
Leucadia Wastewater District
As described therein
18. A Deed of Trust to secure an original indebtedness of $4,000,000.00 recorded February 24,
2004 as Instrument No. 2004-0141503 of Official Records.
Dated:
Truster:
Trustee:
Beneficiary:
February 24, 2004
Grant Tucker Properties, a California Limited Liability Company
First American Title Insurance Company
Transamerica Life Insurance Company, an Iowa corporation
(Affects the land and other property)
Document(s) declaring modifications thereof recorded October 04, 2007 as Instrument No. 2007-
0644033 of Official Records.
A document entitled "Absolute Assignment of Leases and Rents" recorded February 24, 2004 as
Instrument No. 2004-0141504 of Official Records, as additional security for the payment of the
indebtedness secured by the deed of trust.
19. Rights of parties in possession.
Rrst American Title Insurance Company
• • Order Number: NCS-297536-SAl
Page Number: 5
INFORMATIONAL NOTES
1. Taxes for proration purposes only for the fiscal year 2008-2009.
First Installment: $7,315.01, PAID
Second Installment: $7,315.01, PAID
Tax Rate Area: 09051
APN: 216-580-06-00
2. According to the latest available equalized assessment roll in the office of the county tax
assessor, there is located on the land a(n) Commercial Structure known as 7668 La Costa
Avenue, Carlsbad, California.
3. According to the public records, there has been no conveyance of the land within a period of
twenty-four months prior to the date of this report, except as follows:
None
4. This preliminary report/commitment was prepared based upon an application for a policy of title
insurance that identified land by street address or assessor's parcel number only. It is the
responsibility of the applicant to determine whether the land referred to herein is in fact the land
that is to be described in the policy or policies to be issued.
5. Should this report be used to facilitate your transaction, we must be provided with the following
prior to the issuance of the policy:
A. WITH RESPECT TO A CORPORATION:
1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's
state of domicile.
2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on behalf of
the corporation.
3. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP:
1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto
(form LP-2) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any
amendments thereto (form LP-6) to be recorded in the public records;
Rrst American Title Insurance Company
• • Order Number: NCS-297536-SAl
Page Number: 6
2. A full copy of the partnership agreement and any amendment;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP-I), executed by at least two partners, and a certified copy
of any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required
herein and other information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded in the public records;
3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, such document or instrument must be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents must be executed
by at least two duly elected or appointed officers, as follows: the chairman of the board, the
president or any vice president, and any secretary, assistant secretary, the chief financial
officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one
manager if the limited liability company properly operates with the existence of only one
manager.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
F. WITH RESPECT TO A TRUST:
1. A certification pursuant to Section 18100.5 of the California Probate Code in a form
satisfactory to the Company.
2. Copies of those excerpts from the original trust documents and amendments
thereto which designate the trustee and confer upon the trustee the power to act in
the pending transaction.
3. Other requirements which the Company may impose following its review of the
material require herein and other information which the Company may require.
G. WITH RESPECT TO INDIVIDUALS:
1. A statement of information.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company expressly disclaims any liability for loss or damage which may result from reliance
on this map except to the extent coverage for such loss or damage is expressly provided by the terms
and provisions of the title insurance policy, if any, to which this map is attached.
First American Title Insurance Company
• • Order Number: NCS-297536-SAl
Page Number: 7
*****To obtain wire instructions for deposit of funds to your escrow file please
contact your Escrow Officer.*****
Rrst American Title Insurance Company
•
LEGAL DESCRIPTION
• Order Number: NCS-297536-SAl
Page Number: 8
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
PARCEL A:
LOT 6 OF CARLSBAD TRACT NO. 97-09, LA COSTA LUCKY SAV-ON SHOPPING CENTER NO. 121-
283, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 14038, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, SEPTEMBER 15, 2000.
PARCEL B:
AN APPURTENANT EASEMENT FOR A~CESS AND UTILmES AS GRANTED AND DESCRIBED IN
THAT ACCESS AND UTILITY EASEMENT AGREEMENT BY AND BETWEEN LEUCADIA COUNTY
WATER DISTRICT, A POLmCAL SUBDIVISION AND AMERICAN STORES PROPERTIES, INC., A
DELAWARE CORPORATION, UPON THE TERMS AND CONDITIONS CONTAINED THEREIN,
RECORDED JANUARY 14, 1999 AS INSTRUMENT NO. 1999-0022480 OF OFFICIAL RECORDS.
PARCEL C:
EASEMENTS FOR INGRESS, EGRESS AND PARKING TOGETHER WITH ANY OTHER RIGHTS
DESCRIBED IN THAT CERTAIN DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENT LA
COSTA PLAZA RECORDED DECEMBER 12, 2000 AS INSTRUMENT NO. 2000-0674699 OF
OFFICIAL RECORDS OF SAN DIEGO COUNTY AND AS AMENDED BY THAT CERTAIN FIRST
AMENDMENT TO DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS RECORDED
MAY 22, 2003 AS INSTRUMENT NO. 2003-0601507 OF OFFICIAL RECORDS AND AS AMENDED
BY THAT CERTAIN SECOND AMENDMENT TO DECLARATION OF RESTRICTIONS AND GRANT OF
EASEMENTS RECORDED OCTOBER 2, 2007 AS INSTRUMENT NO. 2007-0639827 OF OFFICIAL
RECORDS.
APN: 216-580-06-00
First American 77tle Insurance Company
• • Order Number: NCS-297536-SAl
Page Number: 9
The First American Corporation
First American Title Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will utilize the
personal information you provide to us. Therefore, together with our parent company, The First American
Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in
which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair Information
Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may
collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in
writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated c;:ompanies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may,
however, store such information indefinitely, including the period after which any customer relationship has
ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing
services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or
our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We
restrict access to nonpublic personal information about you to those individuals and entities who need to know
that information to provide products or services to you. We will use our best efforts to train and oversee our
employees and agents to ensure that your information will be handled responsibly and in accordance with this
Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
First American Title Insurance Company
•
EXHIBIT A
• Order Number: NCS-297536-SAl
Page Number: 10
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records. Proceedings by a public agency which may result In taxes or assessments, or notice of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of 1;he land
or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
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 which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating 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 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 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 a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental 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 from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Datl:l of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for
the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is
situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating
the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B • 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of
any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed in writing by the Insured claimant to the Company prior to the
date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or
created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
First American Title Insurance Company
• • Order Number: NCS-297536-SAl
Page Number: 11
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 2 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
I.
2.
3.
4.
5.
6.
Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
Easements, claims of easement or encumbrances which are not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public
records.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of
any violation of any such law ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured
claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the
insured claimant; {d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory
lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or
completed at Date of Policy).
4. Unenforceabllity of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the
indebtedness to comply with applicable "doing business" laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions
set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
I.
2.
3.
4.
5.
6.
Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
Easements, claims of easement or encumbrances which are not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
Arst American Title Insurance Company
• • Order Number: NCS-297536-SAl
Page Number: 12
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 which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating 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 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 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 a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy;
(b) Any governmental 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 from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the Insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured
mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street
improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is
situated.
5. Invalidity or unenforceablllty of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials ( or the claim of priority of any statutory lien for services, labor or materials over the lien of
the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date
of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy
the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY· 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 6 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said
land or by making Inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
8, AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY· 1992
EXCLUSIONS FROM COVERAGE
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 which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating 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 ownership or a change in the dimensions or area of the land or
Rrst American Title Insurance Company
• • Order Number: NCS-297536-SAl
Page Number: 13
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of 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 a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental 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 from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge. •
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
( d) attaching or created subsequent to Date of Policy; or
( e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 8 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL
TITLE INSURANCE POLICY -1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
* land use * land division
* improvements on the land * environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
* a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
* that are created, allowed, or agreed to by you
* that are known to you, but not to us, on the Policy Date -unless they appeared in the public records * that result in no loss to you
* that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
Arst American Title Insurance Company
• • Order Number: NCS-297536-SAl
Page Number: 14
5. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE• 2008
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE -2008
Covered Risks 16 (Subdivision Law Violation). 18 (Building Permit). 19 (Zoning) and 21 (Encroachment of boundary walls or fences)
are subject to Deductible Amounts and Maximum Dollar Limits of Liability
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building b. zoning
c. land use d. improvements on the land
e. land division f. environmental protection
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This
Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the policy
Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27
or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: Covered Risk 16, 18, 19 and 21, Your
Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown
on Schedule A are as follows:
Your Deductible Amount
Covered Risk 16: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1 % of Policy Amount or $2,500.00 (whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
12. THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POLICY (1/01/08)
EXCLUSIONS FROM COVERAGE
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 which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement
erected on the Land; (iii) the subdivision of land; or(iv) environmental protection; or the effect of any violation of these laws, ordinances, or
governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or
16.
First American Title Insurance Company
• • Order Number: NCS-297536-SAl
Page Number: 15
(b)Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d),
14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing business
laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit
the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of
Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -2006
EXCLUSIONS FROM COVERAGE
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:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
13, or 14); or
( e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceabillty in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors? rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk ll(b).
First American Title Insurance Company
., • • Order Number: NCS-297536-SAl
Page Number: 16
14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -2006
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set
forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -2006
EXCLUSIONS FROM COVERAGE
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 which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a)
does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
( c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9
and 10); or
( e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
·4, Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors? rights laws, that the transaction vesting
the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -2006
WITH REGIONAL EXCEPTIONS
Arst American Title Insurance Company
.. ,. • • Order Number: NCS-297536-SAl
Page Number: 17
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the
exclusions set forth in paragraph 15 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. {a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), {b), or (c) are shown by the Public Records.
Rrst American Title Insurance Company