Page 110 - ALTA Endorsements Guide

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 35.2-06

MINERALS AND OTHER SUBSURFACE SUBSTANCES – DESCRIBED IMPROVEMENTS

Adopted (4-2-12)

1. The insurance provided by this endorsement is subject to the exclusion 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 purposes of this endorsement only, “Improvement” means each improvement on the Land at Date of Policy
itemized [on the exhibit attached to this endorsement] [below:]
3. The Company insures against loss or damage sustained by the Insured by reason of the enforced removal or
alteration of any Improvement resulting from the future exercise of any right existing at Date of Policy 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.
4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys'
fees, or expenses) resulting from:
a. contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence; [or]
b. negligence by a person or an Entity exercising a right to extract or develop minerals or other subsurface
substances [; or
c. the exercise of the rights described in ( )]. *

* Instructional note: identify the interest excepted from the description of the Land in Schedule A or
excepted in Schedule B that you intend to exclude from this coverage.

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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