ALTA Endorsement 9.4-06 (Restrictions, Encroachments, Minerals - Owner's Policy - Unimproved Land) Revised 02-03-11

ENDORSEMENT

Attached to Policy No.

Issued by

STEWART TITLE GUARANTY COMPANY

1. Covenants, Conditions and Restrictions.

a. The Company insures against loss or damage sustained by the Insured by reason of the existence, at Date of Policy, of:

i. 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;

ii. Any instrument affecting the Title that contains covenants, conditions, or restrictions on the Land that, in addition:

(1) establishes an easement on the Land,
(2) provides for an option to purchase, a right of first refusal, or the prior approval of a future purchaser or occupant, or
(3) provides a right of reentry, possibility of reverter, or right of forfeiture because of 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, state that the document or instrument includes the provision that establishes (1) the easement on the Land, (2) the option to purchase, right of first refusal, or the prior approval of a future purchaser or occupant or (3) the right of reentry, possibility of reverter, or right of forfeiture, that caused the loss; or

iii. 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.

b. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) resulting from:

iv. any covenants, conditions, restrictions or limitations contained in an instrument creating a lease;

v. any covenants, conditions, or restrictions relating to obligations of any type to perform maintenance, repair, or remediation on the Land; or

vi. except as used in Paragraph 1.a.iii, 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.

a. The Company insures against loss or damage sustained by the Insured by reason of:

i. Any encroachment onto the Land of existing improvements located on adjoining land unless the exceptions in Schedule B of the policy specifically identify the encroachment.

ii. Damage to improvements (excluding lawn, shrubbery, or trees) constructed on the Land after Date of Policy resulting from the future exercise of any right existing at Date of Policy 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.

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.

[Witness clause optional]

STEWART TITLE GUARANTY COMPANY

By: _______________________________________
Authorized Signatory

Copyright 2006-2015 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

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