HomeMy WebLinkAboutPreliminary Commitment - 2nd CommitmentPage 1
Brenda McCoy, Unit Manager and Senior Vice President
Genevieve Tomberg, Senior Title Officer
Kathy Hickey, Senior Title Officer
Loraine Livingston, Senior Title Officer
Ronda Mills, Title Officer
1501 4th Ave., Suite 300
Seattle, WA 98101
Toll Free: (888) 929-1999
Ph: (425) 551-5501
Fax: (206) 230-7779
Email: thetitleteam@rainiertitle.com
SCHEDULE A
Order Number: 708566RT
1.Effective Date: September 2, 2016 at 8:00 A.M.
2.Policy or Policies to be issued:
ALTA Standard Coverage Owner's Policy (06/2006)
ST - Owners Standard
Amount:
Premium:
Sales Tax:
$450,000.00
$970.00
$92.09
Note: Premium split for HUD-1: Underwriter portion: $97.00; Agent Portion: $965.09
Proposed Insured: Mai X. Nguyen and Benjamin D. Crowell, a married couple
ALTA Extended Coverage Loan Policy (06/2006)
ST - Lenders Extended
Amount:
Premium:
Sales Tax:
To Be Determined
To Be Determined
To Be Determined
Proposed Insured: To Be Determined
3.The estate or interest in the land described or referred to in this commitment is:
FEE SIMPLE
4.Title to the FEE SIMPLE estate or interest in the land is at the Effective Date vested in:
Scott Donogh Homes, Inc., a Washington Corporation
5.The land referred to in this Commitment is described in Exhibit A.
Rainier Title, Agent for Stewart Title Guaranty Company
By:
Brenda McCoy, Unit Manager
Page 2
EXHIBIT A
That portion of the Northwest quarter of the Southwest quarter of Section 11, Township 23
North, Range 5 East of the W.M., in King County, Washington, described as follows:
Beginning at a point 30 feet South and 330.26 feet South 87°26'25" East from the
Northwest corner of said subdivision;
Thence continuing South 87°26'25" East, 150.12 feet;
Thence South 00°17'34" West, 298.37 feet;
Thence North 87°33'16" West, 150.12 feet;
Thence North 00°17'34" East, 298.67 feet to the point of beginning;
Except the North 120 feet measured along the East and West lines;
Together with an easement for ingress and egress 30 feet wide, being 15 feet in width on
each side of a centerline, described as follows:
Beginning at a point which is 30 feet South and 330.26 feet South 87°26'25" East from the
Northwest corner of the Southwest quarter of Section 11, Township 23 North, Range 5
East of the W.M.;
Thence South 00°17'34" West 298.57 feet to the terminus of said line;
Except the Easterly 15 feet of that portion lying South of the North 150 feet of the
Northwest quarter of the Southwest quarter of Section 11, Township 23 North, Range 5
East, W.M.;
Situate in the County of King, State of Washington.
End of Schedule A
Page 3
SCHEDULE B
PART I
I.The following are the requirements to be complied with:
A.Payment to or for the account of the grantors or mortgagors of the full consideration for the estate
or interest to be insured.
B.Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed
for record.
NOTE: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating
to standardization of recorded documents, the following format and content requirements must be met.
Failure to comply may result in rejection of the document by the recorder.
FORMAT:
Margins to be 3” on top of first page, 1” on sides and bottom, 1” on top, sides and bottom of each
succeeding page.
Font size of 8 points or larger and paper size of no more than 8 ½” by 14”.
No attachments on pages such as stapled or taped notary seals, pressure seals must be
smudged.
INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE:
Title or titles of document. If assignment or reconveyance, reference to auditor’s file number or
subject deed of trust.
Names of grantor(s) and grantee(s) with reference to additional names on following page(s), if
any.
Abbreviated legal description (lot, block, plat name or section, township, range and quarter
section for unplatted).
Assessor’s tax parcel number(s).
Return address which may appear in the upper left hand 3” top margin.
II.Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless
the same are disposed of the satisfaction of the Company:
A.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records, or attaching subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered
by this commitment.
B.Any policy issued pursuant hereto will contain the Exclusions From Coverage and, under Schedule
B, the standard exceptions as set forth and identified as to the type of policy on the attached
Schedules of Exclusions and Exceptions.
End of Schedule B Part I
Page 4
Order Number: 708566RT
SCHEDULE B
PART II
General Exceptions:
Schedule B Exceptions appearing in ALTA Owner's Policy (6/17/06)–Standard Coverage and ALTA
Loan Policy (6/17/06)–Standard Coverage:
1.Taxes or assessments which are not shown as existing liens by the public records.
2.(i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (iii) water rights, claims or title to water; whether or not the matters described in (i), (ii), & (iii) are
shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including
easements or equitable servitudes.
3.Rights or claims of parties in possession not shown by the public records.
4.Easements, claims of easements or encumbrances which are not shown by the public records.
5.Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate
survey and inspection of the premises and which are not shown by the public records.
6.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
7.Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for
sewer, water, electricity or other utilities, or for garbage collection and disposal.
8.Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or
other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean
or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United
States Government, or riparian rights, if any.
9 Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil,
gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together
with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or
listed in Schedule B. The Company makes no representation as to the present ownership of any such
interests. There may be leases, grants, exceptions or reservations of interests that are not listed.
Schedule B Exceptions appearing in ALTA Owner's Policy (6/17/06)–Extended Coverage:
1.Taxes or assessments which are not shown as existing liens by the public records.
2.(i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (iii) water rights, claims or title to water; whether or not the matters described in (i), (ii), & (iii) are
shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including
easements or equitable servitudes.
3.Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for
sewer, water, electricity or other utilities, or for garbage collection and disposal.
4.Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or
other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean
or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the Unites
States Government, or riparian rights, if any.
5 Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil,
gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together
with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or
listed in Schedule B. The Company makes no representation as to the present ownership of any such
interests. There may be leases, grants, exceptions or reservations of interests that are not listed.
Schedule B Exceptions appearing in ALTA Loan Policy (6/17/06) and ALTA Homeowner's Policy Of
Title Insurance (02/03/10)
1 Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil,
gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together
with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or
listed in Schedule B. The Company makes no representation as to the present ownership of any such
interests. There may be leases, grants, exceptions or reservations of interests that are not listed.
Page 5
SCHEDULE B
PART II (continued)
Special Exceptions:
1. Payment of real estate excise tax, if required, pursuant to the authority of RCW Chapter
82.45, and subsequent amendments thereto.
The property described herein is situated within the boundaries of local taxing authority
of the City of Renton. As of the effective date herein, the real estate excise tax rate is
1.78%.
2. General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent
November 1, if not paid.
Year:2016
Amount billed:$678.20
Amount paid:$339.10
Amount unpaid:$339.10
Tax Account No.:112305-9039-01
Levy code:2133
Assessed value of land:$30,000.00
Assessed value
of improvements:$27,000.00
Based on the Treasurer's records, the name and address of the last taxpayer is:
Raymond Woo
14404 S.E. 87th St.
Newcastle, WA 98059
3. Liability for supplemental taxes for possible improvements which may have recently been
constructed on the land. Land improvements are not presently assessed, but may
appear on future tax rolls.
4. Notice of tap or connection charges which have been or will be due in connection with
development or re-development of the land as disclosed by recorded instrument.
Inquiries regarding the specific amount of the charges should be made to the
city/county/agency.
City/County/Agency: City of Renton
Recorded:June 21, 1996
Recording No.:9606210966
5. Matters relating to the questions of survey, rights of parties in possession, and
unrecorded lien rights for labor and material, if any, the disposition of which will be
furnished by supplemental report.
6. The policy requested in the application for insurance is ALTA Homeowner's Policy of
Title Insurance for a One-to-Four Family Residence. Said policy is not available for this
property because it is vacant land. The ALTA Owner's Policy as identified in Schedule A
hereof will be issued.
Page 6
7. To help you avoid delays at closing, we would like to make you aware of our final
recording run times:
Regular recordings:
King County:2:30 pm
KING COUNTY recordings are processed out of our Seattle office at 1501 4th Avenue,
Suite 300.
SNOHOMISH COUNTY recordings are processed out of our Everett office at 2722 Colby
Avenue, Suite 125.
PIERCE COUNTY recordings are processed out of our University Place office at 3560
Bridgeport Way W., Suite 2D.
E-recordings:
King County:Non-excise only, 3:30 pm
Pierce County:3:45 pm
Snohomish County:3:30 pm Monday through Thursday, 2:30 pm Friday
NOTE: There is an additional $4.50 charge per document when E-Recording. When E-
Recording documents requiring excise clearance (available in Snohomish and Pierce
Counties only), checks must be made payable to “Rainier Title”. Pierce County also
charges an extra $0.50 for excise E-Recordings.
There is a $1.00 return mailing fee for King County and Snohomish County documents
and a $2.00 return mailing fee for Pierce County Documents.
Snohomish County E-Recordings are processed out of our Everett office at 2722 Colby
Avenue, Suite 125. Pierce and King County E-Recordings are processed out of our
University Place office at 3560 Bridgeport Way W., Suite 2D.
8. The legal description in this commitment is based upon information provided with the
application for title insurance and the public records as defined in the policy to issue. The
parties to the forthcoming transaction must notify the title insurance company, prior to
closing, if the description does not conform to their expectations.
9. Any conveyance or encumbrance by Scott Donogh Homes, Inc. must be executed by
Scott Donogh, as President.
10. Deed of Trust and the terms and conditions thereof:
Grantor:Scott Donogh Homes Inc, A Washington corporation
Trustee:Rainier Title
Beneficiary:M&T Bank
Original amount:$315,000.00
Dated:July 19, 2016
Recorded:July 28, 2016
Recording No.:20160728001550
Affects:Includes other property
11. Hazardous Substances Agreement and the terms and conditions thereof:
Recorded:July 28, 2016
Recording No.:20160728001551
Affects:Includes other property
12. We find no pertinent matters of record against the name(s) of the vested owners.
Page 7
13. The following conveyances were recorded within the last 36 months:
Statutory Warranty Deed recorded under Recording No. 20160728001549;
14. Matters of record against the Proposed Insureds, or persons with similar names. The
Proposed Insureds are Mai X. Nguyen and Benjamin D. Crowell, a married couple.
When said parties obtain an interest in the land, the land will become subject to the
following matters, provided that the parties are the same persons as the debtors named
below:
15. Judgment entered in King County Superior Court:
Against:Mai Nguyen, Chau Nguyen, Giraffe HTJ, Inc. & Tip Top Nails
In favor of:Milliken Bellevue Development I, LLC
Amount:$20,954.38, together with interest, costs and attorney fees,
if any
Entered:January 30, 2009
Judgment No.:09-9-03812-6
Cause No.:08-2-39403-4
Attorney for creditor:John Randolph Tomlinson, Jr.
16. Judgment entered in King County Superior Court:
Against:Hai AKA Michael Nguyen and Mai Nguyen
In favor of:Columbia Recovery Group, LLC
Amount:$2,058.96, together with interest, costs and attorney fees,
if any
Entered:October 9, 2012
Judgment No.:12-9-27721-0
Cause No.:12-2-33021-2
Attorney for creditor:Peter Michael Schneider
17. NOTE: The above judgments create a lien on the premises only if Mai X. Nguyen is the
same person as the judgment debtor. Further, the lien of said judgments depends upon
compliance with homestead exemption laws provided by Chapter 6.13 RCW.
To determine the effects of these matters, if any, on the subject property, the company
must be provided with a properly completed identity affidavit prior to the date of
recording. After the company examines the affidavit, a supplemental report will be
issued.
18. Reservation of all coal and minerals:
Recorded:May 26, 1957
Recording No.:4819348
The Company makes no representation as to the present ownership of any such
interests. There may be leases, grants, exceptions or reservations of interests that are
not listed.
19. Easement and the terms and conditions thereof:
Purpose:Ingress, egress and utilities
Area affected:a portion of said premises
Recorded:November 15, 1959
Recording No.:5324554
Said instrument is a re-record of instrument recorded under Recording No. 5113730.
Said easement contains a covenant to bear equal share of cost of construction,
maintenance or repair of same.
Page 8
End of Schedule B Part II
Page 9
Additional Notes:
A.Abbreviated Legal Description: Ptn of SW1/4 of STR 11-23-5
B.Property Address:756 Orcas Avenue N.E., Renton, WA 98059
C.Investigation should be made to determine if there are any service, installation, maintenance or
construction charges for sewer, water, telephone, gas, electricity or garbage and refuse collection.
D.To help conserve natural resources, we will automatically issue the forthcoming original policy(ies)
electronically. Please provide us with a current e-mail address for the new owner and/or lender prior to
closing or by emailing thetitleteam@rainiertitle.com. A hard copy version may be issued upon request.
E.Unless otherwise requested, the forms of policy to be issued in connection with this commitment will be
ALTA 2006 policies, or in the case of standard lender’s coverage, the CLTA Standard Coverage Policy
– 2006. The Owner’s policy will automatically include the Additional Coverage Endorsement, when
applicable, at no additional charge. The Policy committed for or requested may be examined by inquiry
at the office which issued the commitment. A specimen copy of the policy form(s) referred to in this
commitment will be furnished promptly upon request.
F.In the event that the commitment jacket is not attached hereto, all of the terms, conditions and
provisions contained in said jacket are incorporated herein. The commitment jacket is available for
inspection at any company office.
G.The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either
the insured or the company. Upon request, the company will provide a copy of this clause and the
accompanying arbitration rules prior to the closing of the transaction.
Page 10
STG Privacy Notice 2 (Rev 01/26/09) Independent Agencies and Unaffiliated Escrow Agents
WHAT DO/DOES THE RAINIER TITLE LLC AND STEWART TITLE GUARANTY COMPANY DO
WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of Rainier Title LLC and
Stewart title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act
(GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as Rainier Title LLC and Stewart Title Guaranty Company, need to share customers' personal
information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the
reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this
sharing.
Reasons we can share your personal information Do we share?Can you limit this sharing?
For our everyday business purposes— to process your transactions and
maintain your account. This may include running the business and managing
customer accounts, such as processing transactions, mailing, and auditing
services, and responding to court orders and legal investigations.
Yes No
For our marketing purposes— to offer our products and services to you.Yes No
For joint marketing with other financial companies No We don't share
For our affiliates' everyday business purposes— information about your
transactions and experiences. Affiliates are companies related by common
ownership or control. They can be financial and nonfinancial companies.
Yes No
For our affiliates' everyday business purposes— information about your
creditworthiness.No We don't share
For our affiliates to market to you Yes No
For nonaffiliates to market to you. Nonaffiliates are companies not related by
common ownership or control. They can be financial and nonfinancial companies.No We don't share
We may disclose your personal information to our affiliates or to nonaffiliates as permitted by law. If you request a transaction with a
nonaffiliate, such as a third party insurance company, we will disclose your personal information to that nonaffiliate. We do not control
their subsequent use of information, and suggest you refer to their privacy notices.
Sharing practices
How often do/does Rainier Title LLC and
Stewart Title Guaranty Company notify me
about their practices?
We must notify you about our sharing practices when you request a transaction.
How do/does Rainier Title LLC and Stewart
Title Guaranty Company protect my
personal information?
To protect your personal information from unauthorized access and use, we use
security measures that comply with federal and state law. These measures include
computer, file, and building safeguards.
How do/does Rainier Title LLC and Stewart
Title Guaranty Company collect my
personal information?
We collect your personal information, for example, when you
request insurance-related services
provide such information to us
We also collect your personal information from others, such as the real estate
agent or lender involved in your transaction, credit reporting agencies, affiliates or
other companies.
What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in
certain instances, we do not share your personal information in those instances.
Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty
Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
This sketch is provided without charge, for your information. It is not intended to show all matters related to the
property including, but not limited to: area, dimensions, easements, encroachments or location of boundaries.
It is not a part of, nor does it modify, the commitment/policy to which it is attached. The Company assumes NO
LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further
information.
Page 11
Order No. 708566RT
N
Page 12
COMMITMENT FOR TITLE INSURANCE
Issued By
Stewart Title Guaranty Company
Form 1004-251D (Rev. 06/2006)ORIGINAL
Page 13
Stewart Title Guaranty Company, herein called the Company, for a valuable consideration, commits
to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described
or referred to in Schedule A, upon payment of the premiums and charges and compliance with the
Requirements: all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs,
provided that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized
signatory.
Stewart Title Guaranty Company
NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE
OFFICE OF
RAINIER TITLE
AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN
THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST.
RAINIER TITLE IS AN ISSUING AGENT FOR
Stewart Title Guaranty Company
COMMITMENT CONDITIONS AND STIPULATIONS
1.The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2.If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be
relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is
prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the
Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse
claim or other manner, the Company at its option may amend Schedule B of this Commitment accordingly, but such
amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these
Conditions and Stipulations.
3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred
In reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate
exceptions shown in Schedule B: or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment In no event . shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4.This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of
the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against
the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon
covered by this Commitment must be based on and are subject to the provisions of this Commitment.
5.The policy to be issued contains an arbitration clause. All Arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of
the parties. You may review a copy of the arbitration rules at http://www.alta.org.
Page 14
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason thereof.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (6/17/06)
1.(a)Any law, ordinance, permit, or governmental regulation
(including those relating to building and zoning) restricting,
regulating, prohibition, or relating to
(i)the occupancy, use, or enjoyment of the Land;
(ii)the character, dimensions, or location of any
improvement erected on the Land;
(iii)the subdivision of land; or
(iv)environmental protection;
or the effect of any violation of these laws,
ordinances, or governmental regulations. This
Exclusion 1(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b)Any governmental police power. This Exclusion 1(b) does
not modify or limit the coverage provided under Covered Risk
6.
2.Rights of eminent domain. This Exclusion does not modify or
limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a)created, suffered, assumed, or agreed to by the Insured
Claimant;
(b)not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company by
the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c)resulting in no loss or damage to the Insured Claimant;
attaching or created subsequent to Date of Policy
(however, this does not modify or limit the coverage
provided under Covered Risk 11, 13, or 14);
or
(d)resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for the
Insured Mortgage.
4.Unenforceability of the lien of the Insured Mortgage because of
the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5.Invalidity or unenforceability in whole or in part of the lien of the
Insured Mortgage that arises out of the transaction evidenced
by the Insured Mortgage and is based upon usury or any
consumer credit protection or truth-in-lending law.
6.Any claim, by reason of the operation of federal bankruptcy,
state insolvency, or similar creditors’ rights laws, that the
transaction creating the lien of the Insured Mortgage, is
(a)a fraudulent conveyance or fraudulent transfer, or
(b)a preferential transfer for any reason not stated in Covered
Risk 13(b) of this policy.
7.Any lien on the Title for real estate taxes or assessments
imposed by governmental authority and created or attaching
between Date of Policy and the date of recording of the Insured
Mortgage in the Public Records. This Exclusion does not
modify or limit the coverage provided under Covered Risk
11(b).
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY
(6/17/06)
1.(a)Any law, ordinance, permit, or governmental regulation
(including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(i)the occupancy, use or enjoyment of the Land;
(ii)the character, dimensions, or location of any
improvement erected on the Land;
(iii)the subdivision of land; or
(iv)environmental protection;
or the effect of any violation of these laws, ordinances, or
governmental regulations. This Exclusion 1(a) does not
modify or limit the coverage provided under Covered Risk
5.
(b)Any governmental police power. This Exclusion 1(b) does
not modify or limit the coverage provided under Covered Risk
6.
2.Rights of eminent domain. This Exclusion does not modify or
limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a)created, suffered, assumed, or agreed to by the Insured
Claimant;
(b)not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company by
the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c)resulting in no loss or damage to the Insured Claimant;
(d)attaching or created subsequent to Date of Policy
(however, this does not modify or limit the coverage
provided under Covered Risk 9 and 10; or
(e)resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for the
Title.
4.Any claim, by reason of the operation of federal bankruptcy,
state insolvency, or similar creditors’ rights laws, that the
transaction vesting the Title as shown in Schedule A, is
(b)a fraudulent conveyance or fraudulent transfer; or
(c)a preferential transfer for any reason not stated in
Covered Risk 9 of this policy.
5.Any lien on the Title for real estate taxes or assessments
imposed by governmental authority and created or attaching
between Date of Policy and the date of recording of the deed or
other instrument of transfer in the Public Records that vests
Title as shown in Schedule A.
AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S
POLICY OF TITLE INSURANCE FOR A ONE-TO-FOUR FAMILY
RESIDENCE (12/02/13)
In addition to the Exceptions in Schedule B, You are not insured
against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of
those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered
Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be
constructed in accordance with applicable building codes. This
Exclusion does not limit the coverage described in Covered Risk
14 or 15.
3. The right to take the Land by condemning it. This Exclusion does
not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You,
whether or not they are recorded in the Public
Records;
b. that are Known to You at the Policy Date, but not to
Us, unless they are recorded in the Public Records at
the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit
the coverage described in Covered Risk 7, 8.e., 25,
26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and
referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered
Risk 11 or 21
7. The transfer of the Title to You is invalid as a preferential transfer
or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws.
SCHEDULE B GENERAL EXCEPTIONS
The matters listed below each policy form are expressly excepted
from the coverage of that policy and that policy does not insure
against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason thereof.
Page 15
SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S
POLICY–STANDARD COVERAGE AND ALTA LOAN POLICY–
STANDARD COVERAGE
1.Taxes or assessments which are not shown as existing liens by
the public records.
2.(i) Unpatented mining claims; (ii) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (iii) water
rights, claims or title to water; whether or not the matters
described in (i), (ii), & (iii) are shown in the public records; (iv)
Indian tribal codes or regulations, Indian treaty or aboriginal
rights, including easements or equitable servitudes.
3.Rights or claims of parties in possession not shown by the
public records.
4.Easements, claims of easements or encumbrances which are
not shown by the public records.
5.Encroachments, overlaps, boundary line disputes, or other
matters which would be disclosed by an accurate survey and
inspection of the premises and which are not shown by the
public records.
6.Any lien, or right to a lien, for services, labor or material
heretofore or hereafter furnished, imposed by law and not
shown by the public records.
7.Any service, installation, connection, maintenance, tap,
capacity, construction or reimbursement charges for sewer,
water, electricity or other utilities, or for garbage collection and
disposal.
8.Any titles or rights asserted by anyone, including but not limited
to persons, corporations, governments, or other entities, to
tidelands, or lands comprising the shores or bottoms of
navigable rivers, lakes, bays, ocean or gulf, or lands beyond
the line of the harbor or bulkhead lines as established or
changed by the Unites States Government, or riparian rights, if
any.
SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S
POLICY – EXTENDED COVERAGE
1.Taxes or assessments which are not shown as existing liens by
the public records.
2.(i) Unpatented mining claims; (ii) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (iii) water
rights, claims or title to water; whether or not the matters
described in (i), (ii), & (iii) are shown in the public records; (iv)
Indian tribal codes or regulations, Indian treaty or aboriginal
rights, including easements or equitable servitudes.
3.Any service, installation, connection, maintenance, tap,
capacity, construction or reimbursement charges for sewer,
water, electricity or other utilities, or for garbage collection and
disposal.
4.Any titles or rights asserted by anyone, including but not limited
to persons, corporations, governments, or other entities, to
tidelands, or lands comprising the shores or bottoms of
navigable rivers, lakes, bays, ocean or gulf, or lands beyond
the line of the harbor or bulkhead lines as established or
changed by the Unites States Government, or riparian rights, if
any.
SCHEDULE B EXCEPTIONS APPEARING IN ALTA LOAN
POLICY (6/17/06) and ALTA HOMEOWNER'S POLICY OF TITLE
INSURANCE (12/02/13)
1.Minerals of whatsoever kind, subsurface and surface
substances, including but not limited to coal, lignite, oil, gas,
uranium, clay, rock, sand and gravel in, on, under and that may
be produced from the Land, together with all rights, privileges,
and immunities relating thereto, whether or not appearing in the
Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such
interests. There may be leases, grants, exceptions or
reservations of interests that are not listed