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l r L1HU»JO[ <br />~rr,i .~{;;F a:3.t ')j J~y x ,o,;.>.~: ~68h (j f ? ~ k~t~..; ;i~= :•.;'= ;'No_ <br />:C7~7~ .. .~'S~i'v C1 :' v.iL.~i~.~..~t7l iL L({~~ ~ .LL'1\~1L' <br />;'l.~ r r Icon d.~e I~onCoa ,l1'~:U.~ <br />;'tit ;,:, <br />SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE R AND THE CONDITIONS AND STIPULATIONS, <br />OLD fEPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, insures, as of IGG11{{ ~~ nn <br />shown in Schedule A, against loss or damage, not exceeding the Amount oI Insurance stated in Schedule A, sustained er incu~i~VsYr~ W reason of: <br />I Title to the estate or interest described in Schedule A being vested other than as stated therein; <br />2 Any defect in er lien or encumhrance on the title. DCC q ~ 19nc <br />3. Unmarketabiliry of the title: C 1 JU <br />4 Lack of a right of access to and Irom the land: <br />5 The invalidity or unenlorceability of the lien of the insured mortgage upon the title; <br />6 The priority of any lien or encumbrance over the lien of the insured mortgage. ~Ni5100 Ol lhtn@Gi~S K l="~?'~a~~` <br />7. Lack of priority of the lien of the insured mortgage over any statutory lien for services, labor or material <br />lal arising from an improvement or work related to the land which is conuacted for or commenced prior to Date of Polity; or <br />Ibl arising Irom an improvement or work related to the land which is contacted for or commenced subsequent to Date of Policy and which is financed in whole <br />or in pan by proceeds of the indebtedness secured by the insured mortgage which al Date oI Policy the insured has advanced or is obligated to advance. <br />8. The invalidity or unenlorceahility of any assignment el the insured ma«gage, provided the assignment is shown in Schedule A, or the failure of the assignment <br />shown in Schedule A to vest line to the insured mortgage in the named insured assignee Iree and clear of all liens. <br />the Company will also pay the costs, attorneys' lees and expenses incurred in defense oI the title or the lien oI the insured mortgage, as insured, but only to the <br />extent provided in the Conditions and Stipulations. <br />IN WITNESS WHEREOF, the said OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its <br />duly authorized officers as of the date shown m Schedule A, the policy to be valid when countersigned M' an authorized officer or agent of the Company. <br />EXCLUSIONS FROM COVERAGE <br />ilia following masers are expressly excluded from the coverage of this poly and the Company will not pay loss or damage, casts, attorneys' fees ar expenses <br />which arise by reason of. <br />t lal Any law, ordinance ar governmental regulation )including but not limned to building and toning laws. ordinances, or regulations) restricting, regulating, <br />prohibiting or relating to ICI the occupancy. use. or enjoyment of the land, liil the character, dimensions or location of any improvement now or hereafter <br />erected on the land; liiil 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 livl <br />environmental protection, or the ellect of any violation of these laws. ordinances or governmental regulations, except to the extent that a notice of the <br />enforcement thereol or a notice of a detect. lien or encumhrance resulting from a violation or alleged violation affecting ilia land has been recorded in the <br />public records at Date of Policy. <br />Ibl Any governmental police power not excluded by lal above. except to the extent that a notice of the exercise thereol or a notice of a defect, lien or <br />encumbrance resulting Irom a violation or alleged violation aliening the land has been recorded in the public records at Date of Policy. <br />2 flights of eminent domain unless notice of the exercise thereol has been recorded in the public records al Date of Policy. but not excluding Irom coverage any <br />taking which has occurred prior to Dale oI Policy which would be binding on the rights of a purchaser for value without knowledge. <br />3 Detects, liens, encumbrances. adverse claims or other matters. <br />;al Created, suffered, assumed or agreed 1« by the insured cla~manl: <br />bl not known to the Company, not recorded in the public records al Date of Policy. but known to the insured claimant and no[ disclosed in writing to the <br />Company by the insured claimam prior to the date the insured claimant became an msmed under this policy: <br />cl resulting in no loss or damage Io the insured claimant: <br />dl attaching or created subsequem to Date of PoIreY lexcepl m the namm that this policy insures the pnonry of the lien of the insured mortgage over any <br />statutory lien for services, labor of materiag, or <br />el resulting in loss or damage which would not have been ~usta~ned tl the msureu ~ ~~mam h,~d paid vahie for Uic insured mortgage. <br />4 Unenforceabiliry of the lien ul the insured mortgage because of Ute inability or ladure of the insured at Date of Policy, or the inability or failure of any <br />subsequent owner of the indebtedness, to comply with applicable doing business laws oI the state in which the land is situated. <br />5 Invalidity or unenlerceabiliry of the lien of the insured mortgage. or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is <br />used upon usury or any consumer credit protection or truth in lending law <br />6 4ny statutory lien for services. labor or materials for the claim of priority nl any statutory lien for services, labor or materials over the lien of the insured <br />nengagel 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 <br />•Nhole or in part M proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. <br />7 .4ny 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. <br />.;rate insolvency, or similar creditors' rights laws, that is based on' <br />lal the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer: or <br />Ibl the subordination of ilia interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination: or <br />Ic) 'the transaction creating the interest of the insured mony~gee being deemed a preferential lransler except where the preferential transfer results from the failure: <br />lit to timely record the instrument al transfer; or <br />liif of such recordation to impart notice to a purchaser for value or a judgment ar lien creditor. <br />Issued through the 0/lice of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY <br />LAND TITLE GUARANTEE COMPANY A Stack Company <br />3030 E FlR57 AVENUE, SUITE 600 400 Second Avenue South. Minneapolis, Minnesota 5 1 <br />DENVER, COLORAD0602o6 (61113741111 °~,L rm i <br />aoYatt tea0 _~ `o President <br />By <br />_ _;,~ gym: <br />~: <br />Aurhorited Signatory Attest yb * ~ a ,~ Secmta <br />~u . + Q // ry <br />