Page 23 - Home Buyers and Sellers Guide - Hawaii
P. 23

You are not covered for any violation of an obligation contained in a Covenant:
            a.  to perform maintenance or repair on the Land; or
            b.  relating to environmental protection of any kind, including hazardous or
               toxic conditions or substances;
            unless there is a notice of either of these violations recorded in the Public
            Records at the Date of Policy, and then, Our liability for Covered Risk 12 is
            limited to the extent of the violation described in that notice.
        13.  Your Title is lost or taken because of a violation, existing at the Date of Policy,
            of any Covenant, even if the Covenant is excepted in Schedule B.
        14.  A violation or enforcement of any law, ordinance, permit, or governmental
            regulation (including those relating to building and zoning), but only to
            the extent of the violation or enforcement described by the enforcing
            governmental authority in an Enforcement Notice that identifies a restriction,
            regulation, or prohibition relating to:
            a.  the occupancy, use, or enjoyment of the Land;

            b.  the character, dimensions, or location of an improvement on the Land;
            c.  the subdivision of the Land; or
            d.  environmental remediation or protection on the Land.
        15.  An enforcement of a governmental forfeiture, police, regulatory, or national
            security power, but only to the extent of the enforcement described by the
            enforcing governmental authority in an Enforcement Notice.
        16.  Because of a violation existing at the Date of Policy of a State or Municipal
            subdivision law or State or Municipal subdivision regulation affecting the
            Land:
            a.  You are unable to obtain a building permit from a Municipal authority;

            b.  You are ordered by a State or Municipal authority to remove or remedy
               the violation; or
            c.  someone else refuses to perform a contract to purchase the Land, lease
               the Land, or make a mortgage loan on the Land, based on that violation.
            The Amount of Insurance for Covered Risk 16 is subject to Your Deductible
            Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
        17.  You lose Your Title to any portion of the Land to an enforcement authority
            because of an exercise of the power to take the Land by condemnation, but
            only to the extent:
            a.  of the taking described in an Enforcement Notice; or
            b.  the taking occurred before the Date of Policy and is binding on You, if
               You purchased the Land without Knowledge of the taking.
        18.  You are ordered by a State or Municipal authority to remove or remedy any
            portion of Your existing structures—other than boundary walls or fences—
            because any portion of Your existing structures was built without obtaining
            a building permit from the proper Municipal authority. The Amount of
            Insurance for Covered Risk 18 is subject to Your Deductible Amount and Our
            Maximum Dollar Limit of Liability shown in Schedule A. .
        19.  You are ordered by a State or Municipal authority to remove or remedy any
            portion of Your existing structures, because they violate an existing State or
            Municipal zoning law or State or Municipal zoning regulation. The Amount of
            Insurance for Covered Risk 19 is subject to Your Deductible Amount and Our


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