Page 135 - Guide to the Most Requested Commercial Title Insurance Endorsements eBook

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ENDORSEMENT 1 2 3 1 2 3 4 5 6

Minerals and Other Subsurface Substances – Land Under Development
ALTA 35.3-06 Endorsement
ENDORSEMENT

Attached to Policy No.
Issued by
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY

1. The insurance provided by this endorsement is subject to the exclusion in Section 4 of this endorsement; and the
Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy.

2. For purposes of this endorsement only:

a. “Improvement” means a building, structure located on the surface of the Land, and any paved road, walkway,
parking area, driveway, or curb, affixed to the Land at Date of Policy and that by law constitutes real property, but
excluding any crops, landscaping, lawn, shrubbery, or trees.

b. “Future Improvement” means a building, structure, and any paved road, walkway, parking area, driveway, or curb
to be constructed on or affixed to the Land in the locations according to the Plans and that by law will constitute
real property, but excluding any crops, landscaping, lawn, shrubbery, or trees.

c. “Plans” means the survey, site and elevation plans or other depictions or drawings prepared by
dated , last revised _ _, designated as _ _ consisting of sheets.
3. The Company insures against loss or damage sustained by the Insured by reason of the enforced removal or
alteration of an Improvement or a Future Improvement, resulting from the future exercise of any right existing at Date
of Policy to use the surface of the Land for the extraction or development of minerals or any other subsurface
substances excepted from the description of the Land or excepted in Schedule B.
4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees, or
expenses) resulting from:
a. contamination, explosion, fire, vibration, fracturing, earthquake or subsidence; [or]

b. negligence by a person or an Entity exercising a right to extract or develop minerals or other subsurface
substances [; or

c. the exercise of the rights described in (_ )].

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.

Authorized Signatory

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