OTIRO Endorsement No. 209.3-06 Restrictions, Encroachments, Minerals - Loan Policy

ENDORSEMENT

ATTACHED TO POLICY NO. [FILL IN]

ISSUED BY

STEWART TITLE GUARANTY COMPANY 

[Date          : [FILL IN] ]

[Premium    : [FILL IN] ]

 

1. Covenants, Conditions, or Restrictions.  The Company insures against loss or damage sustained by reason of:The existence, at Date of Policy, of covenants, conditions, or restrictions if a present or future violation:

(1) divests, subordinates, or extinguishes the lien of the Insured Mortgage,

(2) impairs its validity, enforceability or priority, or

(3) causes a loss of Title if the Insured has acquired Title in satisfaction or partial satisfaction of the Indebtedness secured by the Insured Mortgage.

The existence, at Date of Policy, of:

(1) Any present violations on the Land of any enforceable covenants, conditions, or restrictions unless the exceptions in Schedule B of the policy identify the document or instrument containing the covenants, conditions, or restrictions, and, in addition, specifically identify the violations;

(2) Any existing improvements on the Land that violate any building setback lines shown on a plat of subdivision recorded or filed in the Public Records, or after Date of Policy, any final court order or judgment that denies the right to maintain any existing improvement on the Land because of a violation of covenants, conditions, or restrictions, or building setback lines shown on a plat of subdivision recorded or filed in the Public Records unless the exceptions in Schedule B of the policy identify the plat, document or instrument and, in addition, specifically identify the violations;

(3) Any instrument affecting the Title that contains covenants, conditions, or restrictions on the Land that, in addition:

(a) establishes an easement on the Land,

(b) provides a lien for liquidated damages,

(c) provides for a private charge or assessment, or

(d) provides for an option to purchase, a right of first refusal, or the prior approval of a future purchaser or occupant,

unless the exceptions in Schedule B of the policy identify the document or instrument containing the covenants, conditions, or restrictions, and, in addition, state that the document or instrument includes the provision that establishes (a) the easement on the Land, (b) the lien for liquidated damages, (c) the private charge or assessment or (d) the option to purchase, right of first refusal, or the prior approval of a future purchaser or occupant, that caused the loss; or

(4) Any notice in the Public Records of a violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records unless the exceptions in Schedule B of the policy identify the document or instrument containing the covenants, conditions, or restrictions, and, in addition, specifically identify the notice of the violation of the covenants, conditions, or restrictions relating to environmental protection that caused the loss.

This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) resulting from:any covenants, conditions, restrictions or limitations contained in an instrument creating a lease; any covenants, conditions, or restrictions relating to obligations of any type to perform maintenance, repair, or remediation on the Land; orexcept as used in Paragraph 1.a.ii.(4), any covenants, conditions, or restrictions pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances.

2. Encroachments and Minerals and Other Subsurface Substances.  The Company insures against loss or damage sustained by the Insured by reason of:The existence, at Date of Policy, of any of the following:

(1) Any encroachment of existing improvements located on the Land onto adjoining land, or any encroachment onto the Land of existing improvements located on adjoining land; or

(2) Any encroachment of existing improvements located on the Land onto that portion of the Land subject to any easement;

unless the exceptions in Schedule B of the policy specifically identify the encroachment.

Any final court order or judgment requiring the removal from any land adjoining the Land of any encroachment excepted in Schedule B.Damage to existing improvements, including lawns, shrubbery, or trees that are located on or encroach upon that portion of the Land subject to any easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved;Damage to improvements, including lawns, shrubbery, or trees, located on the Land on or after Date of Policy resulting from the future exercise of any right to use the surface of the Land for the extraction or development of minerals or any other subsurface substances excepted from the description of the Land or excepted in Schedule B.This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) resulting from contamination, explosion, fire or subsidence.

This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements.

 

[Order Reference: [FILL IN] ]

 [Witness clause optional]

STEWART TITLE GUARANTY COMPANY 

[BY: _______________________________]

      [Authorized Signatory]

No guidelines are available for this form at this time.