Page 28 - 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 9-06
RESTRICTIONS, ENCROACHMENTS, MINERALS – LOAN POLICY
Revised (4-2-12)

1. The insurance provided by this endorsement is subject to the exclusions in Section 5 of this
endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in
Schedule B, and the Conditions in the policy.

2. For the purposes of this endorsement only:
a. “Covenant” means a covenant, condition, limitation or restriction in a document or instrument in
effect at Date of Policy.
b. “Improvement” means an improvement, including any lawn, shrubbery, or trees, affixed to either
the Land or adjoining land at Date of Policy that by law constitutes real property.
3. The Company insures against loss or damage sustained by the Insured by reason of:

a. A violation of a Covenant that:
i. divests, subordinates, or extinguishes the lien of the Insured Mortgage,
ii. results in the invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage,
or
iii. causes a loss of the Insured’s Title acquired in satisfaction or partial satisfaction of the
Indebtedness;

b. A violation on the Land at Date of Policy of an enforceable Covenant, unless an exception in
Schedule B of the policy identifies the violation;
c. Enforced removal of an Improvement located on the Land as a result of a violation, at Date of
Policy, of a building setback line shown on a plat of subdivision recorded or filed in the Public
Records, unless an exception in Schedule B of the policy identifies the violation; or
d. A notice of a violation, recorded in the Public Records at Date of Policy, of an enforceable
Covenant relating to environmental protection describing any part of the Land and referring to that
Covenant, but only to the extent of the violation of the Covenant referred to in that notice, unless
an exception in Schedule B of the policy identifies the notice of the violation.
4. The Company insures against loss or damage sustained by reason of:
a. An encroachment of:
i. an Improvement located on the Land, at Date of Policy, onto adjoining land or onto that
portion of the Land subject to an easement; or
ii. an Improvement located on adjoining land onto the Land at Date of Policy
unless an exception in Schedule B of the policy identifies the encroachment otherwise insured
against in Sections 4.a.i. or 4.a.ii.;
b. A final court order or judgment requiring the removal from any land adjoining the Land of an
encroachment identified in Schedule B; or
c. Damage to an Improvement located on the Land, at Date of Policy:
i. that is located on or 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

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