FL ALTA Endorsement 9.3-06 (Restrictions, Encroachments, Minerals with Florida Modifications) 6-17-06

ATTACHED TO POLICY NUMBER _________________

ISSUED BY

STEWART TITLE GUARANTY COMPANY

File No.:  __________

Charge:  ___________

The insurance provided by this endorsement is subject to the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy.

The Company insures the owner of the Indebtedness secured by the Insured Mortgage against loss or damage sustained by reason of:

1.   Any incorrectness in the assurance that, at Date of Policy:

a.   There are no covenants, conditions, or restrictions under which the lien of the Insured Mortgage can be divested, subordinated, or extinguished or its validity, priority, or enforceability impaired.

b.   Unless expressly excepted in Schedule B,

i.     There are no present violations on the Land of any enforceable covenants, conditions, or restrictions, or existing improvements on the Land that violate any building setback lines shown on a plat of subdivision recorded or filed in the Public Records.

ii.    Any instrument referred to in Schedule B as containing covenants, conditions, or restrictions on the Land does not, in addition, (A) establishes an easement on the Land, (B) provide a lien for liquidated damages, (C) provide for a private charge or assessment, (D) provide for an option to purchase, a right of first refusal, or the prior approval of a future purchaser or occupant.

iii.   There is no encroachment of existing improvements located on the Land onto adjoining land nor any encroachment onto the Land of existing improvements located on adjoining land.

iv.   There is no encroachment of existing improvements located on the Land onto that portion of the Land subject to any easement excepted in Schedule B.

v.   There are no notices of violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records.

2.   Any future violation on the Land of any existing covenants, conditions, or restrictions occurring prior to the acquisition of Title by the Insured, provided the violation results in:

a.   invalidity, loss of priority, or unenforceability of the lien of the Insured Mortgage; or

b.   loss of Title if the Insured shall acquire Title in satisfaction of the Indebtedness.

3.   Damage to improvements existing at Date of Policy, excluding lawns, shrubbery, or trees, located or encroaching on 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.

4.   Damage to improvements existing at Date of Policy excluding lawns, shrubbery, or trees, located on the Land resulting from the future exercise of any right to use the surface of the Land for the extraction or development of minerals excepted from the description of the Land or excepted in Schedule B.

5.   Any final court order or judgment requiring the removal from any land adjoining the Land of any encroachment excepted in Schedule B.

6.   Any final court order or judgment denying the right to maintain any existing improvements on the Land because of any violation of covenants, conditions, or restrictions, or building setback lines shown on a plat of subdivision recorded or filed in the Public Records at Date of Policy.

Wherever in this endorsement the words "covenants, conditions, or restrictions" appear, they do not include the terms, covenants, conditions, or limitations contained in an instrument creating a lease.

As used in paragraphs 1.b.i. and 6, the words “covenants, conditions, or restrictions” do not include any covenants, conditions, or restrictions (a) relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or filed in the Public Records at Date of Policy and is not excepted in Schedule B.

The failure to expressly except any matter delineated in paragraphs 1.b.i., 1.b.ii. or 1.b.v. of this endorsement constitutes the Company’s agreement to indemnify against loss or damage resulting from any matters delineated in paragraphs 1.b.i., 1.b.ii. or 1.b.v. only and provides no coverage for any other matters set forth in the covenants, conditions and restrictions

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.

Dated: _____________

No guidelines are available for this form at this time.