Order Number: ______________________
Showing matters which will be excepted in the Policy unless the same are disposed of to the satisfaction of the Company.
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.
The following matters will be excepted in Schedule B of the policy to be issued:
1. Standard regional exceptions deleted or modified consistent with local practice.
2. Specific exceptions unique to the tract.
3. Matters revealed (or which would be revealed) by a search and examination of public records, including BIA and tribal records.
4. Matters revealed by the Bureau of Indian Affairs (BIA) Title Status Report.
5. Terms, conditions, and limitations of the BIA Title Status Report.
6. Right, title, interest and estate of the United States as well as its right and obligations to administer Indian land under Federal law.
7. Matters revealed (or which would be revealed) by a review of tribal laws, codes, ordinances, rules, and regulations concerning mortgages, including priority and foreclosure.
8. 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.).
9. Terms and conditions of treaties and statutes affecting the land and the subject Tribe.
(Items in italics should be replaced by specific exceptions)
Copyright 1970-2022 Stewart Title Guaranty Company. All rights reserved. The use of this form (or any derivative thereof) is restricted to Stewart Title Guaranty Company, it’s issuing agents, and affiliates in good standing as of the date of use. All other uses are prohibited.
No guidelines are available for this form at this time.