______________ foot setback line along the _________ side of the land as reflected by survey dated __________ made by ___________, surveyor.
Comment: This provision excepts to a building or setback line shown on a survey. Customarily, the Company refers to any other recorded instrument that also creates the building line.
(a) Jurisdiction over the defendant in connection with the judgment executed upon must have been obtained by personal delivery of the initiatory papers and pleadings on the defendant, or where the defendant actually appeared or answered the complaint.
(b) The court file must be reviewed, and there must be no defects in service, pleading or procedure.
(c) Proof of due procedure in connection with the conduct of the sale;
(d) Either there are no other judgment creditors and no subordinate liens, or exception will be taken as to all of same that exist, despite the effect of any statute which may deem same to be cut off.
(e) The judgment debtor must have been the owner of the premises at the time of execution, and proof is required that the judgment debtor was alive at the time of execution.
(f) The judgment creditor cannot be a mortgagee of the premises.
(g) The purchaser must be in possession of the premises, and the debtor must not be in possession of all or any part of the premises.
(h) Proof as to the actual value of the premises must be submitted, as well as of the equity of the debtor in the premises (Note: if the premises was the debtor’s personal residence, the debtor’s equity must be substantially in excess of $10,000.00).
(i) There must be no pending appeal of the judgment, and the time to appeal must be expired.
(j) proof is required that the judgment was not previously satisfied.
(k) coverage under the policy will be limited to the amount paid. Company does not assume any responsibility to insure for an amount greater than the amount paid.