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DWR Division 5
<br /> 8/10/2021
<br /> EXCLUSIONS FROM COVERAGE # 10014521
<br /> 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
<br /> arise by reason of:
<br /> (1)(a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting or relating to
<br /> (i) the occupancy,use,or enjoyment of the Land;
<br /> (ii) the character,dimensions,or location of any improvement erected on the Land;
<br /> (iii) the subdivision of land;or
<br /> (iv) environmental protection;or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or
<br /> limit the coverage provided under Covered Risk 5.(b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage
<br /> provided under Covered Risk 6.
<br /> (2)Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
<br /> (3)Defects,liens,encumbrances,adverse claims,or other matters
<br /> (a)created,suffered,assumed,or agreed to by the Insured Claimant;
<br /> (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
<br /> Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
<br /> (c)resulting in no loss or damage to the Insured Claimant;
<br /> (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10);or
<br /> (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
<br /> (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
<br /> Schedule A,is
<br /> (a)a fraudulent conveyance or fraudulent transfer;or
<br /> (b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
<br /> (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
<br /> recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
<br /> CONDITIONS
<br /> 1. DEFINITION OF TERMS
<br /> The following terms when used in this policy mean:
<br /> (a)"Amount of Insurance":The amount stated in Schedule A,as may be increased or decreased by endorsement to this policy,increased by Section 8(b)or
<br /> decreased by Sections 10 and 11 of these Conditions.
<br /> (b)"Date of Policy":The date designated as"Date of Policy"in Schedule A.
<br /> (c)"Entity":A corporation,partnership,trust,limited liability company,or other similar legal entity.
<br /> (d)"Insured":The Insured named in Schedule A.
<br /> () The term"Insured"also includes
<br /> (A)successors to the Title of the Insured by operation of law as distinguished from purchase,including heirs,devisees,survivors,personal
<br /> representatives,or next of kin;
<br /> (B)successors to an Insured by dissolution,merger,consolidation,distribution,or reorganization;
<br /> (C)successors to an Insured by its conversion to another kind of Entity;
<br /> (D)e grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title
<br /> (1)if the stock,shares,memberships,or other equity interests of the grantee are wholly-owned by the named Insured.
<br /> (2)if the grantee wholly owns the named Insured,
<br /> (3)if the grantee is wholly-owned by an affiliated Entity of the named Insured,provided the affiliated Entity and the named Insured are both wholly-
<br /> owned by the same person or Entity,or
<br /> (4)if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate
<br /> planning purposes
<br /> (ii) With regard to(A),(B),(C),and(D)reserving,however,all rights and defensed as to any successor that the Company would have had against any
<br /> predecessor Insured.
<br /> (e)"Insured Claimant":An Insured claiming loss or damage.
<br /> (f)"Knowledge"or"Known":Actual knowledge,not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any
<br /> other records that impart constructive notice of matters affecting the Title.
<br /> (g)"Land":The land described in Schedule A,and affixed improvements that by law constitute real property.The term"Land"does not include any property beyond
<br /> the lines of the area described in Schedule A,nor any right,title,interest,estate,or easement in abutting streets,roads,avenue,alleys,lanes,ways,or
<br /> waterways,but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy.
<br /> (h)"Mortgage":Mortgage,deed of trust,trust deed,or other security instrument,including one evidenced by electronic means authorized by law.
<br /> (i)"Public Records":Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property
<br /> to purchasers for value and without Knowledge.With respect to Covered Risk 5(d),"Public Records"shall also include environmental protection liens filed in the
<br /> records of the clerk of the United States District Court for the district where the Land is located.
<br /> (j)"Title":The estate or interest described in Schedule A."Unmarketable Title":Title affected by an alleged or apparent matter that would permit a prospective
<br /> purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase,lease,or lend if there is a contractual condition requiring
<br /> the delivery of marketable title.
<br /> 2. CONTINUATION OF INSURANCE
<br /> The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured,but only so long as the Insured retains an estate or interest in the Land,
<br /> or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured,or only so long as the Insured shall have liability by reason of
<br /> warranties in any transfer or conveyance of the Title.This policy shall not continue in force in favor of any purchaser from the Insured of either(1)an estate or interest
<br /> in the Land,or(ii)an obligation secured by a purchase money Mortgage given to the Insured.
<br /> 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
<br /> The Insured shall notify the Company promptly in writing(1)in case of any litigation as set forth in Section 5(a)of these Conditions,(ii)incase Knowledge shall come
<br /> to an Insured hereunder of any claim of title or interest that is adverse to the Title,as insured,and that might cause loss or damage for which the Company may be
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