Page 28 - Guide to the Most Requested Commercial Title Insurance Endorsements eBook
P. 28
ALTA Table of Contents Quick Reference Index
ENDORSEMENT 1 2 3 1 2 3 4 5 6
Private Rights – Owner’s Policy
ALTA 9.9-06 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 the purposes of this endorsement only:
a. “Covenant” means a covenant, condition, limitation or restriction in a document or instrument recorded in the
Public Records at Date of Policy.
b. “Private Right” means (i) an option to purchase; (ii) a right of first refusal; or (iii) a right of prior approval of a future
purchaser or occupant.
3. The Company insures against loss or damage sustained by the Insured under this Owner’s Policy if enforcement of a
Private Right in a Covenant affecting the Title at Date of Policy based on a transfer of Title on or before Date of Policy
causes a loss of the Insured’s Title.
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;
c. any Covenant relating to environmental protection of any kind or nature, including hazardous or toxic matters,
conditions, or substances; or
d. any Private Right in an instrument identified in Exception(s) in Schedule B.
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
3 NCS Commercial Endorsement Guide | oldrepublictitle.com/ncs 28