Page 26 - Guide to the Most Requested Commercial Title Insurance Endorsements eBook

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ENDORSEMENT 1 2 3 1 2 3 4 5 6

Covenants Conditions and Restrictions – Land Under Development – Owner’s Policy
ALTA 9.8-06 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 exclusions 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. “Covenant” means a covenant, condition, limitation or restriction in a document or instrument in effect at Date of
Policy.

b. “Future Improvement” means a building, structure, road, walkway, driveway, 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. “Improvement” means a building, structure located on the surface of the Land, road, walkway, 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.

d. “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:
a. A violation of an enforceable Covenant by an Improvement on the Land at Date of Policy or by a Future
Improvement, unless an exception in Schedule B of the policy identifies the violation;
b. Enforced removal of an Improvement located on the Land or of a Future Improvement as a result of a violation of
a building setback line shown on a plat of subdivision recorded or filed in the Public Records at Date of Policy,
unless an exception in Schedule B of the policy identifies the violation; or

c. A notice of a violation, recorded in the Public Records at Date of Policy, of an enforceable Covenant relating to
environmental protection describing any part of the Land and referring to that Covenant, but only to the extent of
the violation of the Covenant referred to in that notice, unless an exception in Schedule B of the policy identifies
the notice of the violation.

4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees, or
expenses) resulting from:

a. any Covenant contained in an instrument creating a lease;

b. any Covenant relating to obligations of any type to perform maintenance, repair, or remediation on the Land; or

c. except as provided in Section 3.c, any Covenant relating to environmental protection of any kind or nature,
including hazardous or toxic matters, conditions, or substances.

2 NCS Commercial Endorsement Guide | oldrepublictitle.com/ncs 26