Page 10 - ALTA Endorsements Guide
P. 10

A L T A                   E N D O R S E M E N T

                1-06  to  9.6.1-06  9.7-06  to  17.1-06  17.2-06  to  28.3-06  29-06  to  36.6-06  36.7-06  to  46-06

                                                 ALTA ENDORSEMENT 3.1-06
                                            ZONING – COMPLETED STRUCTURE
                                                      Revised (10-22-09)
               1. The Company insures against loss or damage sustained by the Insured in the event that, at Date of
                   Policy,


                   a. according to applicable  zoning ordinances  and amendments, the Land is not  classified Zone
                       _____________________;
                   b. the following use or uses are not allowed under that classification:
                   c.  There shall be no liability under paragraph 1.b. if the use or uses are not allowed as the result of
                       any lack of compliance with any conditions, restrictions, or requirements contained in the zoning
                       ordinances and amendments, including but not limited to the failure to secure necessary consents
                       or authorizations as a prerequisite to the use or uses.  This paragraph 1.c. does not modify or limit
                       the coverage provided in Covered Risk 5.



               2. The Company further insures against loss or damage sustained by the Insured by reason of a final
                   decree of a court of competent jurisdiction either prohibiting the use of the Land, with any existing
                   structure, as specified in paragraph 1.b. or requiring the removal or alteration of the structure, because,
                   at Date of Policy, the zoning ordinances and amendments have been violated with respect to any of
                   the following matters:


                       a. Area, width, or depth of the Land as a building site for the structure
                       b. Floor space area of the structure
                       c.  Setback of the structure from the property lines of the Land
                       d. Height of the structure, or
                       e. Number of parking spaces.



               3. There shall be no liability under this endorsement based on:



                   a. the invalidity of the  zoning ordinances and amendments until  after a final  decree of a court of
                       competent jurisdiction adjudicating the invalidity, the effect of which is to prohibit the use or uses;
                   b. the refusal of any person to purchase, lease or lend money on the Title covered by this policy.



               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.












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