STG Modified Comprehensive Endorsement 1A (Proposed Improvements) for Owner's Policy 2
This form should not be used if a comparable ALTA version is available. If a comparable ALTA version is available, the most current version of the ALTA form available in each state should be used, unless approved by a Stewart underwriter.
ATTACHED TO AND FORMING A PART OF
OWNER'S POLICY NO. __________
STEWART TITLE GUARANTY COMPANY
COMPREHENSIVE 1A ENDORSEMENT
The Company hereby insures the insured against loss or damage which the insured shall sustain by reason of:
1. Any inaccuracies in the following assurances if the contemplated improvements were completed according to floor plans prepared by _________________________ dated _________________ as of the date of this policy:
(A) There would be no covenants, conditions or restrictions under which the lien of the mortgage referred to in Schedule A could be divested or subordinated or its validity, priority or enforceability otherwise impaired;
(B) That, unless otherwise expressly set forth or indicated to the contrary in Schedule B:
(1) There would be no present violations on said land of any enforceable covenants, conditions or restrictions or plat building lines;
(2) Any instrument referred to in Schedule B as specifically containing "covenants and restrictions" affecting said land would not, in addition, establish an easement thereon or provide for either a lien for liquidated damages, a levy of a private charge or assessment, an option to purchase, or the prior approval of a future purchaser or occupant;
(3) There would be no encroachments of existing improvements located on said land onto adjoining land, nor any encroachments onto said land of existing improvements located on adjoining land;
(4) There would be no encroachments of existing improvements located on said land onto that portion of said land subject to any easement shown in Schedule B.
2. Any future violations on said land of any covenants, conditions or restrictions occurring prior to the acquisition of title to said land by the insured, provided such violations result in loss of the lien of the mortgage referred to in Schedule A or impair the validity, priority or enforceability of such lien, or result in loss of the title to said estate or interest if the insured shall acquire title in satisfaction of the indebtedness secured by such mortgage.
3. The entry of any court order or judgment which constitutes a final determination and denies the right to maintain any existing improvements on said land because of any violation to any covenants, conditions or restrictions or plat building lines or because of any encroachment thereof over onto adjoining land.
This endorsement is hereby amended in the following particulars:
The following numbered paragraph(s) is (are) hereby deleted:
Whenever in this endorsement any or all the words, "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or to include the terms, covenants, conditions or limitations contained in any lease, instrument creating an easement or declaration of condominium referred to in Schedule A or relating to environmental protection.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof.
[Witness clause optional]
For issuing guidelines on this form, see Guidelines