Page 32 - Guide to the Most Requested Commercial Title Insurance Endorsements eBook

ALTA Table of Contents Quick Reference Index

ENDORSEMENT 1 2 3 1 2 3 4 5 6

Restrictions, Encroachments, Minerals – Loan Policy
ALTA 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 5 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 in effect at Date of

Policy.

b. “Improvement” means an improvement, including any lawn, shrubbery, or trees, affixed to either the Land or
adjoining land at Date of Policy that by law constitutes real property.
3. The Company insures against loss or damage sustained by the Insured by reason of:

a. A violation of a Covenant that:
i. divests, subordinates, or extinguishes the lien of the Insured Mortgage,
ii. results in the invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage, or
iii. causes a loss of the Insured’s Title acquired in satisfaction or partial satisfaction of the Indebtedness;

b. A violation on the Land at Date of Policy of an enforceable Covenant, unless an exception in Schedule B of the
policy identifies the violation;

c. Enforced removal of an Improvement located on the Land as a result of a violation, at Date of Policy, of a building

setback line shown on a plat of subdivision recorded or filed in the Public Records, unless an exception in
Schedule B of the policy identifies the violation; or
d. 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 identifi es
the notice of the violation.
4. The Company insures against loss or damage sustained by reason of:

a. An encroachment of:
i. an Improvement located on the Land, at Date of Policy, onto adjoining land or onto that portion of the Land

subject to an easement; or

ii. an Improvement located on adjoining land onto the Land at Date of Policy unless an exception in Schedule B
of the policy identifies the encroachment otherwise insured against in Sections 4. a.i. or 4.a.ii.;
b. A final court order or judgment requiring the removal from any land adjoining the Land of an encroachment
identified in Schedule B; or

c. Damage to an Improvement located on the Land, at Date of Policy:

i. that is located on or encroaches onto that portion of the Land subject to an easement excepted in Schedule
B, which damage results from the exercise of the right to maintain the easement for the purpose for which it
was granted or reserved; or

ii. resulting from the future exercise of a right 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.

5 NCS Commercial Endorsement Guide | oldrepublictitle.com/ncs 32