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ALTA ENDORSEMENT RETURN TO TABLE OF CONTENTS
Endorsement 35.2-06
Minerals and Other Subsurface Substances – Described Improvements
Adopted 04-02-12
Technical Correction 08-01-16
ENDORSEMENT
Attached to Policy No. __________
Issued by
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
SAMPLE
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.
[Witness clause optional]
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
By: ______________________________
[Authorized Signatory]
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