_REVISION - M1974052 ‎(12)‎

• Permit No: M1974052
• IBM Index Class Name: Revision
• Doc Name: SOLID WASTE DISPOSAL SITES USE BY SPECIAL REVIEW APPLICATION
• Type & Sequence: TR1
• Media Type: D
• Archive: No

I
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
AAmylaw, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re- .
trlctirig or regulating or prohibiting .tho occupancy, use or enjoyment of the land, or regulating the character,. :,
dimensions or location of any improvement now or hereaftgr erected on the land, or prohibiting it separation in
ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi-
nance or governmental regulation.
2. Rights of eminent domain or governmental tights 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 .
t insured claimant; (b) not known to the Company.and not shown:by.the public .records but known to the insured
acquired '
claimant either at Date of Policy or at the date such claimant acqed 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 subse-
quent to Date of Policy; or(e)resulting ifi loss or damage which would not have been sustained if the insured claim- - >
ant had paid value for the estate or Interest-insured by this policy.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS (b) The Insured shalt notify the Company promptly In
The following terms when used in this Polley mean: writing (1).in case any action or proceeding Is begun or de- .,
Tense is Interposed as aet forth In (a) above, (h) In case know)-
(a) "insured": the insured named In Schedule A, and, edge shall come to an Insured hereunder of any claim of title t
subject to any rights or defenses the Company may have or Interest which is adverse to the title to the estate or interest, -
' against the named insured, those who succeed to the interest as insured, and which might cause loss or damage for which
of such insured by operation of law as distinguished from the Company may be liable by virtue of this policy, or (iil) if
purchase including, but not limited to, heirs, distributees, title to the estate or interest, as insured, is rejected as un-
devisees, survivors, personal representatives, next of kin, or marketable. If such prompt notice shall not be given to the
corporate or fiduciary successors. 1 Company, then as to such insured all liability of the Company
(b) "insured claimant": an insured claiming loss or dam- shall. cease and terminate in regard to the matter or matters
age hereunder. - tor.t�hieh such prompt notice Is required; provided, however, i
(c) "knowledge": actual knowledge, not conatruetive that failure to notify shall In no case prejudice the rights of any
illftowledge or notice which may be imputed to an Insured by such Insured under this policy unless the Company shall be
Wsun pmludieed by such failure and then only lu the extent of
such Prejudice.
, (it) "lend": the land described, specifically or by reference ..,
In Schedule A, and Improvements affixed thereto which by law (e) The Company shall have the right at its own cost to
constitute real property; provided, however, the tern "land" Institute and without undue delay prosecute any action or -
does not include any property beyond the lines of the area Proceeding or to do any other act which in its opinion may be
,�. sPeclfically described or referred to in Schedule A, nor any necessary or desirable to establish the title to the estate or
right, title, interest, estate or easement in abutting streets, interest as Insured, and the Company may take any eppro-
no ds, avenues, alleys, lanes, ways or waterways, but nothing priate action under the terms of this policy, whether or not
%2- herein shell modify or limit the extent to which a right of It shall be liable thereunder, and shall not thereby concede
.siccess to and from,the land is Insured by this policy. liability or waive aay.provision of this policy.
Ilk (a) "mortgage", mortgage, deed of trust, trust deed, or (d).Whenever the Company shall have brought any action
other security instrument.. or Interposed a defense as required or permitted by the pro-
(f) "ppublic records tliose records which by law Impart visions of this policy, the Company may pursue any such
c mstruellve notice of matters relating to said land. litigation to final determination by a court of competent
Juris—diction and expressly reserves the right, in its sole discretion,
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF to appeal from any adverse judgment or order. "
= TITLE (e) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action 4
_5 The coverage of this policy slisli continue in force as of or proceeding, the insured hereunder shall secure to the •. : •_
Date of Policy in favor of an insured so long as such insured Company the right to so prosecute or provide defense In such
!i retains an estate or interest in the land, or holds an indebted- action or proceeding, and all appeals therein, and permit the ..
mess secured by a purchase money mortgage given by a pur- Company to use, at its option, the name of such insured for
chaser from such insured, or so long as such insured shall such purpose. Whenever requested by the Company, .such
have liability by reason of covenants of warranty made.by insured shall give the Company all reasonable aid in any such
such insured in any transfer or conveyance,of such estate'or action or proceeding,In effecting settlement,securing evidence,
interest; provided, however, this pot Icy shall not continue in obtaining witnesses, or prosecuting or defending such action
force in favor of any purchaser from such insured of either or proceeding, and, the Company shall reimburse such insured
said estate or Interest or the Indebtedness secured by a pur for any expense so Incurred.
chase money mortgage given to such insured.
4. NOTICE OF LOSS— LIMITATION OF ACTION
3. DEFENSE AND PROSECUTION OF ACTIONS—NOTICE OF
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT In addltion to the notices required under pararzraph 3(b)
of :these Conditions and Stipulations, a statement in.writing `
"r. (a) The Company, at its own cost and without undue of any loss or damage for which it is claimed the Company
delay, shall provide for the defense of an insured In all litlga- Is liable under this policy shall be furnished to the Company
�. lion consisting of actions or proceedings commenced against , . within 90 daps after such loss or damage shall have been de-
insured, or a defense Interposed against an insured in an tennined and no right of action shall accrue to an insured
n to enforce a contract for a sale of the estate or interest claimant until 30 days after such statement shall have been
;t aid land, to the extent that such litigation is founded upon furnished. Failure to furnish such statement of loss or damage
an alleged defect. lien, encumbrance, or other matter Insured shall terminate any liability of the Company under this Policy
' against by this policy, as to such loss or damage. "
i
L Continued on Front of Hack Cover
:. W