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ALTA ENDORSEMENT                                                          RETURN TO TABLE OF CONTENTS





                                                                                                           Endorsement 3.3
                                                                                  Zoning - Completed Improvement - Legal Non-Conforming Use
                                                                                                     [2021 v. 01.01 (04-02-2024)]



                           ALTA 3.3 ENDORSEMENT — ZONING — COMPLETED IMPROVEMENT — LEGAL NON-CONFORMING USE
                                                This endorsement is issued as part of
                                                   Policy Number __________
                                                           issued by
                                           OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY



          1.   For purposes of this endorsement only, the following terms mean, all as of the Date of Policy:
              a.   “Improvement”:  An existing building located on the Land.
              b.   “Non-Conforming Use”: The use of the Land, which use is described in Section 2.b. and is not allowed in the Zoning Ordinance.
              c.   “Non-Conforming Improvement”: An Improvement that violates the Zoning Ordinance with respect to any of the matters set forth in Section 2.c.
                  SAMPLE
              d.   “Zoning Ordinance”: A zoning ordinance or zoning regulation of a political subdivision of the State that is in effect and applicable to the Land.

          2.   The Company insures against loss or damage sustained by the Insured resulting from:
              a.   The Land not being classified Zone ___ according to the Zoning Ordinance at the Date of Policy.
              b.   The following Non-Conforming Use not being allowed by the governing political subdivision of the State because the Non-Conforming Use
                 violates the Zoning Ordinance at the Date of Policy: ____________________________________.

                      [Drafting Instruction: Describe the existing Non-Conforming Use, or if there is not a Non-Conforming Use, insert “NOT APPLICABLE”.]

              c.   A final decree of a State or federal court having jurisdiction either prohibiting the Non-Conforming Use or requiring the removal or alteration of
                 the Non-Conforming Improvement because, at the Date of Policy, the Non-Conforming Improvement violates the Zoning Ordinance with respect
                 to the following selected matters:
                       ☐   The area, width, or depth of the Land as a building site for the Improvement;
                       ☐   The floor space area of the Improvement;
                       ☐   A setback of the Improvement from the property lines of the Land;
                       ☐   The height of the Improvement; or
                       ☐   The number of parking spaces.

                      [Drafting Instruction: Select the applicable checkboxes.]

          3.   Section 2 does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from:
              a.   The lack of compliance with any condition, restriction, or requirement contained in the Zoning Ordinance regarding the continuation or
                 maintenance of the Non-Conforming Use or an Improvement;
              b.   The failure to secure necessary consents or authorizations as a condition for continuing or maintaining the Non Conforming Use
                 or an Improvement;
              c.   The invalidity of the Zoning Ordinance, the effect of which is to prohibit the Non-Conforming Use or an Improvement;
              d.   Any change, cessation, abandonment, or replacement of the Non-Conforming Use or an Improvement;
              e.   A prohibition to restore or rebuild an Improvement;
              f.   The violation of or the lack of compliance with any law, order, or regulation regarding the continuation or maintenance of the Non-Conforming
                 Use or an Improvement;
              g.   Any law, order, or regulation requiring the amortization, expiration, or elimination by passage of time of the Non-Conforming Use
                 or an Improvement; or
              h.   Any refusal to purchase, lease, or lend money on the Title.









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