Page 39 - 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 – Land Under Development – Loan Policy
ALTA 9.7-06 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 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, lawn, shrubbery or trees to be
constructed on or affixed to the Land in the locations according to the Plans and that by law will constitute real
property.

c. “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.

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 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 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;

c. 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

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. 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 or a Future Improvement, 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.;

4 NCS Commercial Endorsement Guide | oldrepublictitle.com/ncs 39