Page 34 - 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 – Loan Policy
ALTA 9.3-06 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 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 in effect at Date of
Policy.
b. “Improvement” means an improvement, including any lawn, shrubbery, or trees, affixed to the 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 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 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.d, any Covenant pertaining to environmental protection of any kind or nature,
including hazardous or toxic matters, conditions, or substances.

7 NCS Commercial Endorsement Guide | oldrepublictitle.com/ncs 34