Page 40 - Guide to the Most Requested Commercial Title Insurance Endorsements eBook

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Restrictions, Encroachments, Minerals – Land Under Development – Loan Policy
ALTA 9.7-06 Endorsement

b. Damage to an Improvement located on the Land at Date of Policy or a Future Improvement:
i. that 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. 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. except as provided in Section 3.d, any Covenant relating to environmental protection of any kind or nature,
including hazardous or toxic matters, conditions, or substances;

d. contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence; or
e. negligence by a person or an Entity exercising a right to extract or develop minerals or other subsurface
substances.

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

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