ALTA Leasehold Loan Policy Schedule B (1992)
Policy No.: M-9995-
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Rights of claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Encroachments, overlaps, conflicts in boundary lines, shortages in area, or other matter which would be disclosed by an accurate survey and inspection of the premises.
4. Any lien, claim or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records.
5. Community property, survivorship, or homestead rights, if any, of any spouse of the insured (or vestee in a leasehold or loan policy).
6. Any titles or rights asserted by anyone including, but not limited to, persons corporations governments, or other entities, to lands comprising the shores or bottoms of navigable streams, lakes, or land beyond the line of the harbor or bulkhead lines established or changed by the United States Government.
7. Unpatented mining claims, reservations or exceptions in patents or in acts authorizing the issuance thereof water rights, claims or title to water.
8. Taxes or assessments which are not shown as existing liens by the public records.
9. Taxes for the year ____, and thereafter.
10. Defects, liens, encumbrances, adverse claims or other matters, if any, created first appearing the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of records the estate or interest or mortgage thereon covered by this Commitment.
11. Water rights, claims, or title to water.
12. Standard regional exceptions deleted or modified consistent with local practice.*
13. Specific exceptions unique to the tract.*
14. Matters revealed (or which would be revealed) by a search and examination of
public records, including BIA and tribal records.*
15. Matters revealed by the Bureau of Indian Affairs (BIA) Title Status Report.*
16. Terms, conditions, and limitations of the BIA Title Status Report.
17. Right, title, interest and estate of the United States as well as its right and
obligations to administer Indian land under Federal law.
18. Matters revealed (or which would be revealed) by a review of tribal laws, codes,
ordinances, rules, and regulations concerning mortgages, including priority and
19. Lack of a right of access (May be waived by a Senior Underwriter upon examination of documentation establishing a legal right of access. Such right may be required to be encumbered by the mortgage/security instrument.).
20. Terms and conditions of treaties and statutes affecting the land and the subject Tribe.
*[NOTE: It is anticipated that those items in italics will be modified or replaced with specific exceptions.]
In addition to the matters set forth in Part I of this Schedule, the title to the estate or interest in the land described or referred to in Schedule [A][C] is subject to the following matters, if any be shown, but the Company insures that these matters are subordinate to the lien or charge of the insured mortgage upon the estate or interest:
THIS IS A PRO FORMA POLICY PREPARED ONLY TO FACILITATE THE ISSUANCE OF TITLE INSURANCE. IT IS NOT A REPORT ON THE CONDITION OF TITLE. DELIVERY OF IT IS NOT THE ISSUANCE OF INSURANCE. HOWEVER, IT REPRESENTS A POLICY WE CURRENTLY EXPECT TO ISSUE IF ALL OF OUR REQUIREMENTS ARE MET.
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